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HomeMy WebLinkAboutContract 52516 py t� L W CITY SECRETARY CONTRACT NO. 5,251 to o to CQ0SEA�P0 e tJ CITY OF FORT WORTH, TEXAS ! 04 �Yy Wd Z��y STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY'), and Gupta & Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation Facility (VCWRF) Phase II Electrical Improvements. P Article 1 n' Scope of Services The Scope of Services is set forth in Attachment A. w Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $741,777.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fort Worth,Texas OFFiLiAL f LCURDn Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:11.17.17,Adapted July 2019 Page 1 of 17 FT. WORTH,TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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. Engineer acknowledges the MBE and SBE goals established for this contract 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 Engineer 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 6of17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause 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' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State 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. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER 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, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER 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 ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17,Adapted July 2019 Page 15 of 17 Texas Government Code, 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, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - 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. BY: BY: CITY OF FORT WORTH ENGINEER Gupta &Associates, Inc. n ana Bu doff Puneet Gupta, PE Interim A sistan ity Manager Vice President Date: Date: �/t City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services �;� SECRETARY Date:11.17.17,Adapted July 2019 Page 16 of 17 FT. WORTH,TX APPROVAL RECOMMENDED: By: (_iC. Christopher P Harder, PE Director, Water 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. 7 Farida Goderya, PhD, PE Senior Project Manager APPROVED AS TO FORM AND LEGALITY By: Douglas W Blac Assistant City Attorney 0� FdR; Form 1295 No. 2019-491000 ATTEST: '•. M&C No. C-29185 M&C Date: 06/25/2019 Mary J. 1<6fi& City SecretaryXP�S y 4.� OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:11.17.17,Adapted July 2019 Page 17 of 17 FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE If ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.: CO2648 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Background Task 1. Project Management/Administration Task 2. Design Phase Task 3. Advertisement & Bidding Task 4. Special Services BACKGROUND. The Village Creek Water Reclamation Facility (VCWRF) is a 166MGD activated sludge wastewater treatment system comprised of primary, secondary, and tertiary treatment; chlorine disinfection; and dechlorination. Two-hour peak flow capacity is rated at 369MGD. The Plant was initially placed in service in the 1950s as a 5MGD facility. It was expanded over time including an expansion to 144MGD in 1988-1994 (25MGD Expansion Project). The Plant was uprated to 166MGD based on the 1997 Village Creek Wastewater treatment Plant Uprating Study, with initial construction contracts in 2002-2005. An 80MGD high rate clarification (HRC) system was added during 2003-2005 to treat high influent flow events over 255MGD (in accordance with current discharge permit). The VCWRF electrical distribution and controls system consists of: 1. Dual 12,470V feeds throughout the Plant 2. Pad mounted 15KV switches 3. Substations for each process or facility 4. Substations have single or dual transformers 5. Secondary voltages are 480V, 2,400V 6. Primary selector switches allow connection of substations to either 12.47kV feeder. 7. Two 5MW turbine generators. City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 1 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 Much of the existing switchgear was installed in the 1970s and 1980s. All of the switchgear and many of the motor control centers are installed outdoors. This equipment has been subjected to hydrogen sulfide (H2S) corrosion and exposed to weather related deterioration. Other equipment installed inside buildings do not have temperature control and are also subjected to corrosion deterioration. In addition, other issues include: 1. Much of the older switchgear is obsolete and spare parts are no longer available and therefore are difficult to repair or maintain. 2. Active switchgear with little or no loads connected. 3. Oil-filled switchgear that are considered a safety issue. A power system study was recently conducted at the VCWRF. This study identified several issues that are to be addressed by this project. TASK 1. PROJECT MANAGEMENT/ADMINISTRATION ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, • communicate effectively, • coordinate internally and externally as needed, and • proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1. Managing the Team a. Lead, manage and direct design team activities b. Ensure quality control is practiced in performance of the work c. Communicate internally among team members d. Task and allocate team resources 2. Communications and Reporting a. Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements b. Conduct review meetings with the CITY at the end of each design phase c. Prepare invoices and submit monthly in the format requested by the CITY. d. Prepare and submit baseline Project Schedule. e. Complete M/WBE Report Form and Final Summary Payment Report Form at the end of the project f. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. Assumptions 1. MWBE reports will be prepared 2. Four meetings with city staff a. Pre-design/Project Kickoff Meeting City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 2 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 b. 30% Design Review Meeting c. 50% Design Review Meeting d. 90% Design Review Meeting Deliverables 1. Meeting summaries with action items 2. Monthly invoices 3. Monthly progress reports 4. Baseline design schedule 5. MNVBE Report Form and Final Summary Payment Report Form TASK 2. DESIGN PHASE In developing the scope of work and associated task budgets discussed in this proposal, GAI has made the following assumptions: 1. The scope of work is not limited to only one type of equipment or to only one process area. 2. Some Plant areas are scheduled for specific process upgrades. Any electrical remedial work done in these areas must have a useful life expectancy of three years or more in order to qualify for capital funding. The following design effort is identified as the basis for the scope of work to be performed: 1. Return Sludge Pump Station 7 Area a. Replace the following electrical equipment: i. MCC RS7 1. Install in pre-fab electrical enclosure. 2. Add portable generator connection to the MCC with a connection outside the building. ii. 5— Eddy Current Controllers b. Replace and install new wire and conduit for equipment fed from MCC c. The RTU shall remain downstairs but replace the back panel with new terminal strips. i. Reuse the existing wire except the ones from the MCC d. Provide and install PQM on mains 2. Return Sludge Pump Station 2 Area a. Replace the following electrical equipment: i. MCC RS2 1. Install in pre-fab electrical enclosure. 2. Add portable generator connection to the MCC with a connection outside the building. ii. Eddy Current Controllers City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 3 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 b. Replace and install new wire and conduit for equipment fed from MCC c. The RTU shall remain downstairs but replace the back panel with new terminal strips. i. Reuse the existing wire except the ones from the MCC d. Provide and install PQM on mains 3. Return Sludge Pump Station 1 Area a. Replace the following electrical equipment: i. MCC RS1 1. Install in pre-fab electrical enclosure. 2. Add portable generator connection to the MCC with a connection outside the building. ii. Eddy Current Controllers b. Replace and install new wire and conduit for equipment fed from MCC c. Provide and install PQM on mains 4. Service Water Pump Station 2 Area a. Replace the following electrical equipment: i. MCC with 480V Panelboard (No building required) ii. Refeed the UV system with a larger feeder and meter it separately with PQM iii. PA38 b. ' Replace and install new wire and conduit for equipment fed from Panelboard 5. Storm Drain Pump Station 2 Area a. Replace the following electrical equipment: i. SS31 1. Primary cable will be replaced to the nearest manhole. Splice to the existing cable in the manhole. ii. PA31 iii. MCC SP 1. Install in pre-fab electrical enclosure 2. Eddy Current Controller iv. MCC CHL with 480V Panelboard (No building required) b. Provide and install PQM on mains c. Replace and provide all new raceway d. Replace and provide all new wire 6. Chlorine Area a. Replace the following electrical equipment: i. MCC FA2 1. Install in pre-fab electrical enclosure. 2. Add portable generator connection to the MCC with a connection outside the building. City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 4 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 b. Replace and install new wire and conduit for equipment fed from MCC c. Provide and install PQM on mains d. Coordinate with on-going Chlorine improvements project. 7. Structural Scope a. Structural design of seven (7)foundation slabs to support prefabricated metal electrical enclosure, similar to the existing enclosure at RS6. The proposed enclosures will be located at RS1, RS2, RS7, SD2 and CL2 areas and have plan dimensions on the order of 65 feet by 40 feet. It is assumed that the foundation slabs will be supported on a prepared subgrade. Deep foundations are not anticipated. 8. Civil Scope a. Design of site civil grading, paving, demolition and dimensional control at five (5) separate locations for the proposed location/relocation of electrical equipment. 9. Design Survey a. Refer to attached Exhibit B for survey extents/area. b. Location of permanent at-grade improvements on the sites c. Spot elevations on an approximate 25-foot grid or break in grade for hard surface and 50-foot grid or break in grade for natural ground. d. Top of curb and gutter elevations for paving on, and adjacent to, the sites (if present) e. Location of visible utilities and appurtenances present at the time of survey f. Finish floor elevations g. Establish a minimum of two (2) temporary control monuments (5/8-inch iron rod) and provide coordinates (northing, easting, and elevation) 10. Geotechnical Investigation a. Up to 5 boring locations. 11. Subsurface Utility Engineering Levels B, C and D. a. Refer to attached Exhibit C for survey extents/area. b. Quality Level D SUE and Quality Level C SUE i. Contact the applicable "one call' agency and acquire records from all available utility owners including local municipalities (cities, counties, etc.), and client. ii. Perform in-field visual site inspection from information derived from existing records or oral recollections. Compare utility infrastructure and visual discrepancies with record drawings. iii. Interview available utility owners for needed clarification, resolution of found discrepancies, and details not provided on the record drawings. Information obtained by surveying and plotting visible above-ground City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 5 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 utility features and by using professional judgments in correlating this information. c. Quality Level B SUE i. Select and employ the appropriate suite of geophysical equipment to search for existing utilities at the locations specified on the project. For metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable) electromagnetic induction, and magnetic equipment will be employed. We will attempt to designate non-metallic/non- conductive utilities using other proven methods, such as rodding, probing, and Ground Penetrating Radar(GPR). ii. Interpret the surface geophysics and mark the indications of utilities with paint on the ground surface for subsequent depiction on deliverable utility maps. iii. Quality Level "B" markings will be collected in the field using survey grade equipment. 12. Initial application for City of Fort Worth building permit. Assumptions Existing ancillary electrical and mechanical equipment shall remain and not replaced under this project. The City of Fort Worth will provide the following documentation: Existing Drawings SKM Model • O&M Manuals 1/0 Termination Drawings Process Equipment Information 30% Design Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 1. Development of 30% Design Drawings shall include the following: a. Draft plans (30%) shall be submitted to CITY per the approved Project Schedule. Assumptions 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (30% design). Deliverables City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 6 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 1. 30% design drawings 50% Design Upon approval of the 30% plans, ENGINEER will prepare 50% plans and specifications as follows: 1. Development of 50% Design Drawings and Specifications shall include the following: a. Draft Final plans (50%) and specifications shall be submitted to CITY per the approved Project Schedule. 2. The ENGINEER shall submit an estimate of probable construction cost with the 50% design package. Assumptions: 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (50% design). 2. Five sets of specifications will be delivered for the Preliminary Design (50% design). Deliverables: 1. 50% design drawings and specifications 2. Estimates of probable construction cost 90% Design Upon approval of the 50% plans, ENGINEER will prepare construction plans as follows: 1. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. 2. The ENGINEER shall submit an estimate of probable construction cost with the 90% design package. 3. The ENGINEER shall submit for City of Fort Worth building permit application. Assumptions 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (90% design). 2. Five sets of specifications will be delivered for the Preliminary Design (90% design). 3. The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. Deliverables 1. 90% Design drawings and specifications 2. Estimates of probable construction cost 100% Signed and Sealed - Bid Set City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 7 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 Upon approval of the 90% plans, ENGINEER will prepare construction plans as follows: 1. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. 2. The ENGINEER shall submit a final design estimate of probable construction cost with the final design packages. Assumptions 1. Five sets of 11 x 17 size drawings and 5 specifications will be delivered for the Final Design package. 2. A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Document management system. 3. Five sets of 11 x 17 size drawings and 5 specifications will be delivered for the Final Design package. 4. A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Document management system. Deliverables 1. Final construction plans and specifications. 2. Detailed estimates of probable construction costs. 3. Original cover mylar for the signatures of authorized CITY officials. TASK 3. ADVERTISEMENT& BIDDING ENGINEER will support the bid phase of the project as follows. 1. Bid Support a. The ENGINEER shall upload all plans and contract documents onto Document management system for access to potential bidders. b. Bid form documents shall be uploaded in an Microsoft Excel .xIs file. c. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. d. Plan Sets are to be uploaded to Document management system in pdf format. The .pdf will consist of one file of the entire plan set and one file for the entire specifications. e. The ENGINEER shall sell contract documents and maintain a plan holders list on Document management system from documents sold and from City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 8 of 11 ATTACHMENTA DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2646 Contractor's uploaded Plan Holder Registrations in Document management system. f. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Document management system folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Document management system and mail addenda to all plan holders. g. Attend the prebid conference in support of the CITY. h. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. i. When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. j. Attend the bid opening in support of the CITY. k. Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the .Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Document management system. I. Incorporate all addenda into the contract documents and issue conformed sets. 2. Final Design Drawings a. Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher)format and DWG format. b. Both PDF and DWG files shall be uploaded to the project's Final Drawing folder in Document management system. Assumptions 1. The project will be bid only once and awarded to one contractor. 2. Sets of construction documents will be sold to and made available on Document management system for plan holders and/or given to plan viewing rooms. 3. PDF and DWG files will be uploaded to Document management system. Deliverables 1. Addenda City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 9 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE If ELECTRICAL IMPROVEMENTS CITY PROJECT NO.:CO2648 2. Bid tabulations 3. CFW Data Spreadsheet 4. Recommendation of award 5. Construction documents (conformed) a. Five sets of 11 x 17 size plans will be delivered for the Conformed Construction Documents b. Five sets of specifications will be delivered for the Conformed Construction Documents. TASK 4. SPECIAL SERVICES ENGINEER will provide the following services upon request or as required by the design, site conditions and availability of existing documentation. Special services shall be performed on a time and material basis and only upon approval by the OWNER. Assumptions • Scope of services shall be determined upon request or as required by the design. Additional Services not included in the existing Scope of Services: CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER 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 including temporary right-of-entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Inspection services • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 10 of 11 ATTACHMENTA DESIGN SERVICES FOR VCWRF PHASE II ELECTRICAL IMPROVEMENTS CRY PROJECT NO.:CO2648 • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Construction phase services are not included. City of Fort Worth,Texas Attachment A Revised Date:05/14/2019 Page 11 of 11 ATTACHMENT B COMPENSATION Design Services for Village Creek Water Reclamation Facility Phase II Electrical Improvements City Project No. CO2648 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, p and subcontract expenses in performing services enumerated in Attachment A as follows: A i. Personnel Time. Personnel time shall be compensated based upon hours M1. 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) Principal $225.00 Project Manager $210.00 Senior Engineer $181.00 Engineer $135.00 Project Engineer $105.00 Senior Designer $141.00 Designer $93.00 Senior CAD Technician $90.00 CAD Technician $70.00 Accountant $95.00 Administrative $55.00 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%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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. 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 7-, the City, shall suspend all work hereunder. S- 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 ti 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. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Gupta & Associates Inc Project Management & $549,072 74.02% Electrical Design Proposed MBE/SBE Sub-Consultants JQ Infrastructure Structural, Civil, & Survey $100,415 13.54 o Design Mbroh Engineering Electrical Design $85,530 11.53% I � r _ � I Non-MBE/SBE Consultants Terracon Geotechnical Design $6,760 0.91% i TOTAL $741,777 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $741,777 $185,945 25.07% City MBE/SBE Goal = 21% Consultant Committed Goal = 21% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek Water Reclamation Facility Phase II Electrical Improvements City Project No. CO2648 No Changes City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of I c _n .... . ......... .............. ............................................................... .................................... ....................... ...... ...... .................. 3 k -V A � a N C .............................................................................................................................................................................................................. �jb � �la �1� - a�aa � �S " " Sad « a a Si Szaaa ai a �^ � `i�mal° a "a � aaaSiSi- " " Sa r 3jzS� �55 � a- a � � cr _xaam rssaax ;yir ssn � ss •rss a "Isc �a r;a a m _i- �'ja e a a - a;a a a a - 1 m 1 - 41 ! N N Village Creek Water Reclamation Facility (VCWRF) p T m r 3 3 CIZ Area , 47 zAwM!a RS2 SW2 .: y low, - C = IN. i.Y !_ l�••r•� ' • do + L w L% _ Cl2 Area - Chlorine Area RS1 - Return Sludge Pump Station 1 { RS2 - Return Sludge Pump Station 2 # v', RS7 - Return Sludge Pump Station 7 SW2 - Service Water Pump Station 2 Feet F SD2 - Storm Drain Pump Station 2 0 300 000 : - FORTWORTH Village Creek Water Reclamation Facility (VCWRF) Phase 2 Electrical Improvements WATER M&C Review Page 1 of 3 Official site of the City of Fort Worth;Texas O CITY COUNCIL AGENDA ......r11 COUNCIL ACTION: Approved on 6/25/2019 -Ordinance No. 23721-06-2019 & Resolution No. 5114-06-2019 REFERENCE 60VCWRF PHASE II DATE: 6/25/2019 NO.: C-29185 LOG NAME: ELECTRICAL IMPROVEMENTS CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Gupta and Associates, Inc. in the Amount of$741,777.00 for the Design of the Phase II Electrical Improvements at the Village Creek Water Reclamation Facility, Adopt Reimbursement Resolution and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the Attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt for the Village Creek Water Reclamation Facility (VCWRF) Phase II Electrical Improvements (CO2648); and 2. Adopt the Attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water and Sewer Commercial Paper Fund in the Amount of$941,777.00; and 3. Authorize execution of an Engineering Agreement with Gupta and Associates, Inc., in the amount of $741,777.00, for the Design of Phase II Electrical Improvements at the Village Creek Water Reclamation Facility (City Project No. CO2648). DISCUSSION: The City of Fort Worth owns and operates the Village Creek Water Reclamation Facility (VCWRF). The VCWRF was originally constructed in the 1950s as a 5 million gallon per day (MGD) plant and expanded in incremental steps over time to its present rating of 166 MGD. Electrical equipment and components have been installed as the plant has expanded, with some equipment nearing 40 years in age. On September 24, 2013 (M&C C-26477), the City Council authorized an engineering agreement with National Field Services to conduct a power study. The scope of work included an electrical infrastructure condition assessment that identified various electrical equipment and components recommended for replacement and upgrade. On May 17, 2016 (M&C C-27720), the City Council authorized an engineering agreement with Gupta and Associates, Inc., for the VCWRF Phase I Electrical Improvements,which consisted of electrical improvements to the primary treatment area. On January 9, 2018(M&C C-28536), the City Council awarded a construction contract with Texsun Electrical Contractors, Inc. for the Phase 1, and is currently under construction. This VCWRF Phase II Electrical Improvements will include replacement and upgrade of electrical equipment and infrastructure within the following areas: Return Sludge Pump Stations 1, 2, and 7; Service Water Pump Station 2; Storm Drain Pump Station 2; and Chlorine Area. As part of this work, Gupta and Associates, Inc. will develop plans and specifications and provide bidding assistance for the above identified fee. The City Staff considers this fee to be fair and reasonable for the scope of services proposed. http://apps.fortworthtexas.gov/council_packet/mc_rev iew.asp?ID=27125&counc ildate=6/2... 6/26/2019 M&C Review Page 2 of 3 In addition to the contract amount, $200,000.00 is required for project management and associated staff time for the Water Department. This project is included in Water Department capital improvement plan, with construction anticipated to start in FY 20, and an expected construction duration of 18 months. It is anticipated that this project will not increase the operating budget for the VCWRF. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP)will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-percent annually). Should the City's; portfolio not support the liquidity needed to provide an interim short-term financing source, another funding source will be required, which could mean issuance of securities under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's FY2018-2022 Five-Year Capital Improvement Plan on September 26, 2017. This City Council-adopted plan includes this specific project, with funding identified through the CP Program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue- supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this Resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. M✓WBE OFFICE- Gupta and Associates is in compliance with the City's BDE Ordinance by committing to 25 percent SBE participation on this project. The City's goal on this project is 21 percent. Additionally, Gupta and Associates is a certified MM✓BE firm. This project serves the entire city and is located in COUNCIL DISTRICT 5, Mapsco 90J. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Water&Sewer Commercial Paper Fund for the Design of Phase II Electrical Improvements at the Village Creek Water Reclamation Facility Project. The Water and Sewer Commercial Paper Fund includes the authority of $150,000,000.00 for the purpose of providing interim funding for Water and Sewer Capital Projects. After this transfer, the balance will be$24,567,697.00 for future Capital Projects. Funding for the Phase II Electrical Improvements at the Village Creek Water Reclamation Facility Project is as depicted below: Existing Additional FUND Appropriations Appropriations Project Total* Water/Sewer Bond $612,800.00 $0.00 $612,80.00 2016 - Fund 56005 W&S Capital Proj $111475,000.00 $0.00 $11,475,000.00 2018- Fund 56014 W&S Comercial Paper- Fund $0.00 $941,777.00 $941,777.00 56016 http://apps.fortworthtexas.gov/council_packet/mc_review.asp?I D=27,125&councildate=6/2... 6/26/2019 M&C Review Page 3 of 3 w Project Total I $12,087,800.001 $941,777.00 I $13,029,577.00 , *Amounts rounded for presentation purposes. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 60VCWRF PHASE II ELECTRICAL IMPROVEMENTS 56016 A019R.docx Resolution VCWRF Ph2 Electrical Improvements.docx VCWRF Ph2 Electrical Improvements, Map.pdf http://apps.fortworthtexas.gov/council_packet/mc review.asp?ID=27125&councildate=6/2... 6/26/2019