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HomeMy WebLinkAboutContract 49982 CITY OF FORT WORTH, TEXAS CITY SECRETARY l q q CONTRACT NO.�'t ( -l AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY'), and Bartlett & West, Inc. the "CONSULTANT", authorized to do business in Texas, for a PROJECT generally described as: Village Creek Water Reclamation Facility Gas Development Plan. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Village Creek Water Reclamation Facility Gas Development Plan. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $96,334.00 unless the City and the Consultant mutually agree in writing upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. �O OFFICIAL RECORD City of Fort Worth,Texas �0 "It�P�y Standard Agreement for Professional Services CITY SECRETARY Revision Date:12.22.2016 Page 1 of 9 FT.WORTH,TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of Six Months, beginning upon the Effective Date, or until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification 1. The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services at the same time, in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. As is consistent with the generally accepted professional standard of care, Work performed by Consultant shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. The CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF(i) ANY City of Fort Worth,Texas Standard Agreement for Professional Se-,,. « Revision Date:12.22.2016 Page 2 of 9 OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (H) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Water Department,Attention: Chris Harder, 200 Texas Street, Fort Worth, TX 76102, and attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 3 of 9 d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 4 of 9 (1) (a) City may terminate this Agreement for its convenience on 30 days' written notice. (b) Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 5 of 9 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to indemnify and hold harmless City and all of its officers, and employees from and against damages or liability to the extent caused by the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees, but only to the extent caused by Consultant's willful or negligent performance. Article XII IMMIGRATION NATIONALITY ACT. Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 6 of 9 Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand- delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department— Chris Harder 200 Texas Street Fort Worth, Texas 76102 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 7 of 9 Consultant: Bartlett &West, Inc. Attn: Phil Gates, P.E. 2700 Westown Parkway, Suite 110 West Des Moines, IA 50266 Article XVII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement Article XVIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B— Compensation Attachment C - Project Schedule Attachment D - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 8 of 9 CERTIFICATE OF INTERESTED PARTIES FORM 2295 4 and 6 H there are interested parties. OFFICE USE ONLY Complete Nos. 2,?, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity s place Certificate Number: of business. 2017-28401E Bartlett&West,Inc. Topeka,KS United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11r14f201.7 being filed. City of Fort Worth Date Acknowlyl I-?-- g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. VC WRP GAS Engineering Consulting Services related to Renewable Fuels 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Tilley, Mary Avondale,PA United States X Hoffman,Rod Evergreen,CO United States X Morrison,Doug Topeka,KS United States X Todd,Jame Bismarck,ND United States X Dobler Neil Topeka,KS United States X Bichler,Joseph Topeka,KS United States X Warta,Keith Topeka,KS United States X Bartlett&West, inc,Employee Stock Ownership Plan Topeka,KS United States X 5 Check only if there is NO Interested Party. EJ 6 AFFIDAVIT I swear,or affirm,Lander De illy akpetjury,th�t the above disclosure vs sue and correct l A Amber Sommers NOTARY PUBLIC—STATE QP KANSAS MY APPT Expi cm ', Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said �____ this the 9PW day of 20�_,to certify which,witness my hand and seal of office. re of officer administering oath Printed name of officer administering oath Title of officer idministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 BY: BY: CITY OF FORT WORTH Bartlett &West, Inc. �vFje*s J. C apa Jeremey Lay Assistant City Manager Vice-President Date: Z Date: APPROVAL RECOMMENDED: By: a /(a,d- or, Kara L. Shuror Interim Director, Water Department Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. / / Chris Harder Assistant Director APPROVED AS TO FORM AND LEGALITY r By: I hrist . Lopez- esney Senior Assistant City r ORT Form 1295 No. ATTEST: �C•....... ..� <.. �:• M&C No.: �J Mary J. Kay *' =M&C Date: City Secretary .... )° City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Date:12.22.2016 Page 9 of 9 FT.WORTH,TX PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. ignature Vice President Title 11/10/2017 Date ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A DESIGN SERVICES FOR VC WRF GAS DEVELOPMENT PLAN ATTACHMENT A Scope for Engineering Related Services FOR THE VILLAGE CREEK WATER RECLAMATION FACILITY GAS DEVELOPMENT PLAN ("PROJECT") The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Task 1. Preparation of an Engineering Report Task 2. Assistance in the Development of an RFP Task 3. Assistance in the Evaluation of Proposals TASK 1. ENGINEERING REPORT Consultant shall perform the following under this Task: • Consultant shall include a section that provides a background and synopsis of the regulatory and permitting requirements associated with biogas treatment equipment, compressor stations, gas pipelines and connection to common carrier pipelines. Section shall include a discussion of differences between acting as the owner/operator compared to contracting with a third-party vendor. • Based on the proposed location of a biogas treatment facility identified by the City and located on City Property, Consultant shall prepare site exhibits showing location of the proposed facility with respect to Village Creek (VC) digesters, VC dewatering facility, and existing gas distribution and transmission lines. • Consultant shall make recommendations regarding connection points and alignment of proposed pipelines to and from biogas treatment facility, to existing gas pipelines and VC Plant and Dewatering Facility. • Consultant shall compile historical biogas generation and quality data provided by City staff. Consultant shall also attempt to classify biogas production by renewable credit designation. Consultant shall also compile historical data related to the purchase of biogas from Renovar. Historical data shall be presented within the engineering report in a logical and concise manner. • Consultant shall review historical data on biogas quality and recommend additional testing as needed to adequately characterize the biogas quality to be treated by the potential high BTU biogas upgrading equipment. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 4 ATTACHMENT A DESIGN SERVICES FOR VC WRF GAS DEVELOPMENT PLAN • Consultant shall make projections of biogas generation over the next ten years, using existing flow projections as the basis for biogas generation projections. • Consultant shall use historical data and projections to develop treatment equipment and pipeline sizing. Consultant shall develop potential capital and operating expenses compared to potential revenue under current regulatory conditions for three different scenarios: 1. VC conveys biogas produced to a treatment facility, compresses and conveys purified gas to a common carrier pipeline, and utilizes natural gas from a common carrier pipeline to power existing gas driven equipment at VC. 2. VC conveys biogas produced to a treatment facility, compresses and conveys purified gas to a common carrier pipeline, and utilizes natural gas from a common carrier pipeline to power existing gas driven equipment at VC as well as proposed sludge dryers at the dewatering facility. 3. VC conveys biogas produced to a treatment facility, compresses and conveys purified gas to a common carrier pipeline, and utilizes natural gas produced under existing natural gas license agreement to power existing gas driven equipment at VC as well as proposed dryers at the dewatering facility. • Consultant shall discuss utilization of existing physical assets owned by MAS energy into design, developing cost saving estimates for the utilization. • Consultant shall communicate with local and interstate gas utilities to identify optimal tie-in locations, gas specifications, and operational restrictions. • Consultant shall communicate with air permitting regulatory officials to understand potential regulatory benefits of project. • Consultant shall estimate potential net revenue projections with range of potential levels of City involvement, considering ownership alternatives, and operations alternatives. ASSUMPTIONS • City to provide location of proposed biogas purification facility • City to provide historical biogas generation data at VC • City to provide historical biogas quality data for VC gas • City to take additional samples and submit to laboratory for additional testing (if deemed appropriate based on review of historical data) • City to provide historical biogas purchases from Renovar • City to provide information to Consultant regarding existing license agreement with natural gas drilling company • City to provide information to Consultant regarding existing agreement with MAS Energy, including asset information for existing pipeline and metering equipment located on City property. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 4 ATTACHMENT A DESIGN SERVICES FOR VC WRF GAS DEVELOPMENT PLAN DELIVERABLES A. Draft Report B. Final Report—signed and sealed by registered Professional Engineer in the State of Texas. TASK 2. ASSISTANCE IN DEVELOPMENT OF REQUEST FOR PROPOSAL The Consultant shall perform the following as part of this task: • Conduct kickoff meeting to review final report, discuss City goals (financial, regulatory, environmental, etc.)for the RFP and project, identify restrictions to be placed on City (Capex and Opex) involvement, identify legal concerns and restrictions, and review range of potentially attractive DBOO implementation alternatives and City project management options. • Utilize data, tables, and exhibits prepared as part of the engineering report and incorporate into proposed RFP to provide prospective vendors information necessary to prepare a proposal. • Assist in the development of the proposal structure, to provide enough focus to properly evaluate the proposals, but enough latitude to allow respondents flexibility to propose alternate scenarios. • Provide technical assistance to City staff and staff attorneys in the development of the RFP. • Attend pre-proposal meeting and assist in responding to questions generated during the procurement. ASSUMPTIONS • Consultant shall utilize data, tables, and exhibits prepared as part of the engineering report in the development of the RFP package. Consultant shall provide copies of RFPs of similar nature that City staff can review. • Consultant shall attend two meetings with City staff and attorneys to review and edit RFP document. Consultant shall be responsible for preparation of the final RFP document. DELIVERABLES A. Draft and Final RFP Document TASK 3. PROPOSAL EVALUATION Consultant shall assist City staff on an as-needed basis to evaluate proposals. Assumes attendance at one meeting with City staff. Additional Services not included in the existing Scope of Services — CITY and Consultant agree that the following services are beyond the Scope of Services described in City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 4 ATTACHMENT A DESIGN SERVICES FOR VC WRF GAS DEVELOPMENT PLAN the tasks above. However, Consultant can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over vendor pre-qualification or vendor protests. • Attendance at public meetings or city council meetings. o Services related to permitting, except for the identification of when a permit is necessary • Survey services City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 4 ATTACHMENT B COMPENSATION ATTACHMENT B Compensation Professional Services for Village Creek Water Reclamation Facility Gas Development Plant Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate ($/hour) Engineer X_ $200/hour Engineer VIII $175/hour Engineer V $138/hour Engineer IV $129/hour En-gineering Technician V $90/hour See Exhibit "B" for labor estimate and rates by task ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. ATTACHMENT B Compensation If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. Payment of invoices will be subject to certification by the City that such work has been performed. ENGINEERING FEE ESTIMATE Exhibit"B" Bartlett&West Fort Worth Biogas 11/8/2017 TASK Classification L-X E-VIII E-V E-IV ET-V AUTOCAD TRAVEL SUB-CONSULT NUMBER Rate ti200 $1". $;38 5;2. 590 ti6.50 S $ TASK Project Admin&Management 4 4 20 1 Preparation ofan Engineer ing,Report 2 4 10 60 8 8 Preparation of',it, I?xhihits 2 2 4 16 16 ib Connection Point and Finished Gas Alignments 4 16 16 12 lc C'om ile Historical Data 2 2 4 Id 10-year Projection ofBio as Generation 2 2 4 16 $10.000 le Cost Estimating 4 8 10 40 if Evaluation of E\istin,, 41 161 32 le Air Pennittins 1�valuation 2 2 40 Report QA QC 8 6 8 8 4 4 2 Develop RFP 8 8 24 24 S('MOtl 3 Evaluate-Proposals 4 8 12 20 _...... ....... Total Hours 42 60 1341 88 Ie0 60 Fee FS.400 I 510.300 $18,492 1 $37,152 1 55,4011 5390 I $o 000 510,000 Total Fee $96,334 Fee Est.xlsx Page 1 ATTACHMENT C PROJECT SCHEDULE Proposed Project Milestones Bartlett & West Fort Worth Biogas Milestone Date 1 Project Kickoff November 15, 2017 2 Presentation of Feasiblity Report January 5, 2018 3 50% Draft Engineering Report January 15, 2018 4 Final Engineering Report January 31 , 2018 5 Draft RFP / Meet with City Staff January 31 , 2018 6 Final RFP / Meet with City Staff February 28, 2018 7 Advertise RFP for Procurement March 7, 2018 8 Pre-Proposal Conference March 15, 2018 9 Open and Review Proposals April 15, 2018 10 Finalize Recommendation for Award April 30, 2018 ATTACHMENT D LOCATION MAP r `• , , r Biosolids dewatering w Y §* facility °: N I Possible location e for gas biogas G , treatment facility 1 , 0 rf. Village Creek Water ' .,. , a Reclamation Facility p.3 II R Ehk6EL�f' RED,A0rY-5 GRLEN )AKS�.. _ G � M w v W w e LU • 11/10/2017 FORT WORTH ATTACHMENT D - LOCATION MAP VC WRF GAS DEVELOPMENT PLAN WATER N