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HomeMy WebLinkAboutContract 38587 1TY SEORETA17" CONTRACT NO ,3Z52d CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Carollo Engineers, P.C., (the "ENGINEER"), for a PROJECT generally described as: Village Creek Wastewater Treatment Plant Secondary Area And Filter Rehabilitation And Modifications Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. 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 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. (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 STANDARD ENGINEERING AGREEMENT—_ Water DepartrTjent Jan 09I Page 1 of 15 ® _ �� 9� O:��jw,�.$�~. ORIGINAL paid in full, including interest. 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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. 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 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 plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 2 of 15 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 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the 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, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (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 STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 3 of 15 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 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 and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. 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 STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 4 of 15 time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) 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 three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any 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 subcon-sultant 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. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability —` $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 5 of 15 $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and 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) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d)A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 6 of 15 acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) 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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions in writing. Q) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be 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) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) 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. STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 7 of 15 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. 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 ENGINEER will, if requested, assist the CITY 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 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. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 8 of 15 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 and will provide labor and safety equipment as required by the ENGINEER for such access. 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 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 in Attachment A. 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 STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 9 of 15 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 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 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 V.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 will ensure that Builders Risk/installation insurance is maintained 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. STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 10 of 15 (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks and shall name the CITY and the ENGINEER as additional insured 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. 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. STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 11 of 15 D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (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; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, 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 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 (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 12 of 15 degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. 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, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 13 of 15 become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. everability 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.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. 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 during the term of this AGREEMENT 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. (Remainder of Page Intentionally Left Blank) STANDARD ENGINEERING AGREEMENT Water Department Jan 09 Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 Executed this the day of - >,r.� , 2009. ATTEST: CITY OF FORT WORTH 0[�(W�tAA b — Marty Hendrix Fernando Costa City Secretary Assistant City Manager APPT REC TENDEP contract Authorization % S. Frank Crumb, P.E., Director Date Water Department APPROVED A'4S TO FORM AND LEGAL Amy J. Ram y Assistant City Attorney CAROLLO ENGINEERS, P.C. ATTEST: Ma burn P ner ,., v - len Middleton Partner STANDARD ENGINEERING AGREEMENT —--� Water Department Jan 09 Page 1 of 15 i i CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES GENERAL DESCRIPTION This Scope of Services provides the Scope of Work, the Payment Provisions, and Schedule for professional services associated with the Secondary Area and Filter Rehabilitation and Modifications Project at the Village Creek Wastewater Treatment Plant (VCWWTP). The Project will be organized in accordance with the City of Fort Worth (CITY) requirements for preliminary design, final design, construction services, and start-up. This Scope of Services identifies the professional services to be provided for preliminary design, final design, and bidding assistance. Construction services will be defined as part of a subsequent Scope of Services. The project addresses the modifications, addition, or replacement of components generally associated with the following Project Elements. 1. Final Clarifiers No. 22 and 24: a. Rehabilitation or replacement of the clarifier mechanisms and structure system. b. Fillet modification. C. Weir modifications. d. Redesign of return sludge system. 2. Return Activated Sludge (RAS) Pump Station 6: a. Replace Return Activated Sludge (RAS) and Waste Activated Sludge (WAS) pumps. b. Inventory RAS Pump Station piping and make recommendations for replacement of deteriorated piping. C. Evaluate up-to two piping material which will be used to replace carbon steel piping. d. Replace deteriorated carbon steel piping. e. Replace electrical equipment and appurtenances associated with RAS and WAS pumps including the addition of VFDs. f. Repair/rehabilitation of the pump station structure, lighting, and HVAC systems according to current codes and as required for new pumps and associated electrical equipment. 3. Return Sludge Pump Stations 1, 2, 3, 7, and 8: a. Inventory RAS Pump Station piping and make recommendations for replacement of deteriorated piping. b. Evaluate up-to two piping material which will be used to replace carbon steel piping February 19, 2009 Page 1 of 11 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCWWTP Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A - SCOPE OF SERVICES C. Replace deteriorated carbon steel piping. d. Make recommendations for needed equipment replacements based on the Village Creek Wastewater Treatment Plant Facilities Assessment Study. 4. Deep Media Filters (Filters No. 1 through 20): a. Design bulkhead system to facilitate access to valves in the filter influent channel for two filters. b. Replace filter valves in the influent channel on two filters. C. Deep Media Filter Condition Assessment (Study Only): 1) Collect and test up to 10 media samples. 2) Compare to original media specification/gradation. 3) Create profile(s) at the top of the media. 4) Make recommendations about filter rehabilitation 5. Traveling Bridge/Continuous Backwash Filters: a. Sequencing modification for traveling bridge (longer backwash time cycle over each cell). b. Modification of pumping system to allow higher backwash rate. C. Modification of backwash system to allow air scour during backwash. d. Replacement of sand filter media with mix of gravel and sand media for better backwash water distribution through the media. The Scope of Services is organized in Task Series from 100 through 400. Services under Task 100 are project management tasks performed during Preliminary Design and Final Design. TASK SERIES 100 PROJECT MANAGEMENT Task 101 Project Plan Prepare a Project Plan, including quality management plan, staffing plan, risk management plan and project delivery plan, project schedule, deliverables, and delivery plan. Identify information needed to complete the work and establish the contact information and procedures for the project. Task 102 Monthly Project Summary Reports and Invoices February 19, 2009 Page 2 of 11 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCWWTP Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES Prepare Project Summary Report and monthly invoice. The report will summarize the project progress to date, work anticipated for the upcoming month, outstanding project ieeueo, issues impacting project scope, issues impacting project schedule, issues impacting project oost /deoignandconatruotion\. earn*dvo|ueounnrnary. deoioion, ao[ion, and change logs. Invoices will be prepared in approved CITY format based on the project pnoQreoo. Task 103 Monthly Status Meetings ENGINEER will meet monthly with OWNER to review Project Status Report and discuss how the project iopnoogeding. VVhenewarpooaib|e. nnonth|ymbatunnneeUnge will be scheduled in conjunction vvithotherp 'ectrneeUngaandvvorhshope. Tha agenda for each monthly status meeting will be the Project 8ummeryRaport. Minutes for each meeting will be included in the next monthly Project Summary Report. Task 104 Manage Smbcomsu[tamts Manage and coordinate the work efforts of the subconsultants participating in the project to achieve the goal of the CITY for minority participation. Prepare and review monthly billing as part of Monthly Summary Reports. The subconsultants anticipated include: Gupta &Associatee Inc. (E|eothoo|. Instrumentation and Controls), Jaeter- C2uintani||o (Structural and Surveying). Task ƒ05 Quality Management ENGINEER will manage the quality of the deliverables throughout the development of the project. Specific activities the ENGINEER will employ will include: i. Internal peer review of planning concepts by senior staff not directly involved with the Project. 2. Quality check of all deliverables performed by a team of qualified senior staff not associated with the project de|ivery. 3. Conatruotobi|ih/ nyvievv. Task106 Deliverables 1. Project Plan, 5 hand copies 2. Meeting minutes, 1 copy to each attendee of each meeting, distributed by email in Portable Document Format (P F) 3. Project Summary Reports (monthly), 2 hand copies February 19' 2OUS Page 3of11 pw*mmxommumonmm/onxnoFonwmumvowwwpSecondary Area and Filter neham/mprojectwonagomont/ContrammvowmVp Draft Scope-Rev 4(a) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES 4. Invoices (monthly), 1 hard copy TASK SERIES 200 PRELIMINARY DESIGN Some of the project elements are well defined and can move immediately into detailed design, others will require further analysis, development of the design criteria and selection of the preferred improvement method. The project elements covered in the Preliminary Design Report are identified in Task 204. Task 201 Project Kickoff Meeting ENGINEER will conduct a project kickoff meeting to introduce the project team members, define project goals and objectives, and review the Project Plan. Identify information needed to complete work and establish contact information and procedures for the project. Task 202 Site Visit and Information Gathering ENGINEER will schedule two formal site visits and information gathering sessions. These visits are in addition to the monthly progress meetings. The site visits will include both field and desktop/archive information gathering. The visits will be scheduled and coordinated with CITY staff and will be focused on process and hydraulics, structural, and electrical/instrumentation and controls, respectively. Task 203 Surveying ENGINEER will schedule a survey of the work areas or influencing the work area including FC 22 and 24, RAS Pump Station #6, Deep Media Filters and the Automatic Backwash Filters. The survey will include weir elevations, top of concrete elevations, spot ground elevations, control points, and other information necessary for the design. Task 204 Preliminary Design Report (PDR) A Preliminary Design Report (PDR)will be prepared to develop design criteria and selection of preferred improvement method for several project elements. The PDR will consist of the following Technical Memoranda as well as estimated construction costs: 1. TM 1 - Final Clarifier 22 and 24 and Return Activated Sludge (RAS) Pump Station 6 Improvements and RAS Pump Station 1,2,3,7 and 8 Piping Replacement. February 19, 2009 Page 4 of 11 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/Contracts/VMV P Draft Scope-Rev 4(8) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES 2. TM 2 - Traveling Bridge/Automatic Backwash Filter Improvements. 3. TM 3 - Deep Media Filters Condition Assessment. 4. TM 4 - Project Delivery, including opinion of probable construction costs, schedule, and sequencing. Task 204.1 Technical Memorandum 1 - FC 22 &24 Rehabilitation and RAS PS Improvements This task includes developing and evaluating alternatives for replacing the clarifier mechanisms, modifying the basin corners with either fillets or vertical walls to eliminate corner sweeps, weir modifications to single weir, redesign of return sludge systems at Final Clarifiers 22 and 24. The TM will also address piping replacement at RAS Pump Stations 1,2,3,7 and 8. Task 204.2 Technical Memorandum 2 -Traveling Bridge/Continuous Backwash Filters This task includes developing and evaluating an approach for renovating automatic backwash Filters 21 through 32 in order to improve performance and efficiency. This effort will be done in collaboration with the automatic backwash filter equipment manufacturers US Filter DAVCO and Infilco Degremont. Filter renovations will include, retrofitting or replacing control panels, addition of air scour and indexing, replacing backwash equipment, bridge, pumps, media or other improvements that might be needed to prevent media migration to the underdrain and improve filter performance. The technical memorandum will include recommendations on selecting one filter manufacturer US Filter DAVCO or Infilco Degremont to be used in the final design. Task 204.3 Technical Memorandum 3 - Deep Media Filters Condition Assessment (Filters No. 1 through 20) This task will include collecting and testing up to 10 core samples of media in order to assess the condition of the media as compared to the original media design and to develop representative profiles at the top of the media. TM 3 will summarize the results of the media condition assessment and profiles and develop up to two alternatives for media reconditioning or replacement based on the findings. The February 19, 2009 Page 5 of 11 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/Contracts/VMV P Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES memorandum will also evaluate the general conditions of the deep media filters and make recommendations for improvement. Task 204.4 Technical Memorandum 4 - Project Delivery This technical memorandum will include developing the opinion of probable construction costs, project delivery methods, identifying site constraints, schedule, and construction sequencing for each project element. Task 205 Focused Workshops Two (2)focused workshops will be held, one for each of the following topics. Each focused workshop will be approximately between two and four hours in length. The focused workshops will be working sessions to discuss specific issues in detail and generate comments and direction from CITY staff. The workshops will be organized as follows: Task 205.1 Focused Workshop 1 Focused Workshop 1 will include discussion and alternative development on the following project items: 1. Final Clarifiers 22 and 24 2. RAS Pump Station # 6 Modification 3. RAS Pump Station 1, 2, 3, 7, and 8 Piping Replacement Task 205.2 Focused Workshop 2 Focused Workshop 2 will include discussion and alternative development on the following project items: 1. Deep Media Filters 2. Traveling Bridge/Continuous Backwash Filters Task 206 Preliminary Design Report (PDR) (DRAFT) The PDR (DRAFT)will consist of TMs 1 through 4 based on comments to DRAFT TMs and decisions and direction from the focused workshops. The PDR (DRAFT) will include updated Opinion of Construction Cost for the improvements. February 19, 2009 Page 6 of 11 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCWWTP Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES Task 207 PDR Review Workshop ENGINEER will conduct one (1) PDR Review Workshop. The workshop will be conducted 1 to 2 weeks after delivery of the PDR (DRAFT). ENGINEER will receive comments from CITY staff regarding information included in the PDR (DRAFT) and provide written responses to comments. Task 208 PDR (FINAL) The PDR will be finalized based on the comments received from the PDR Review Workshop and internal quality review comments. The PDR (FINAL)will include updated Opinion of Construction Cost for the improvements. Deliverables 1. Meeting and Workshop Agendas and Minutes, 1 copy for each attendee distributed electronically (by e-mail) in Portable Document Format (PDF). Agendas will also be distributed in hardcopy at the beginning of each meeting and workshop. 2. Survey Field Notes, 5 hard copies and 1 electronic PDF file. 3. DRAFT TM No.1 through No.4 hard copies (FINAL TMs will be included in PDR) 4. Preliminary Design Report(PDR) - DRAFT including updated Opinion of Probable Construction Cost, 5 hard copies. 5. Comments/Response Log for PDR DRAFT REVIEW, 1 copy for each attendee distributed electronically in Portable Document Format (PDF) 6. Preliminary Design Report (PDR) - FINAL including updated Opinion of Probable Construction Cost, 5 hard copies. TASK SERIES 300 FINAL DESIGN Plans and Specifications will be prepared for one bid package for the improvements identified in the Preliminary Design Report. The final design will be will be submitted to the CITY at the 50% and 90% completion levels for OWNER review and comments. All work will comply with applicable local, state and federal regulations in effect at the time Final Design begins. It is assumed that OWNER will provide electronic base files for any and all affected areas in AutoCAD (DWG)format. ENGINEER will digitize areas for which only hard copy drawings are available up to 50 sheets. Digitization of additional sheets and documentation of areas without February 19, 2009 Page 7 of 11 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCWWTP Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES eith*rAutoCA[} or hard copy drawings will be included as on amendment to this Contract. The Mno| design includes the following o|ennanta: Final Clarifier Area (No' 22 and 24). RAS Pump Station No 0 and RAS Pump Stations No 1,2.3,7 and 1. Prepare plans and specifications for the rehabilitation or replacement of Final Clarifiers 22 and 34 based on the preferred alternative in the POR /F|NAL\, if different than the rehabilitation recommended in the VCVVVVTP UpnaUng Study. For budgeting purponea, it is assumed that vertical wm||e will be designed to create octagon shaped basins and that the weir and launder will be nmp|ooed with m single weir configuration. 2. Prepare plans and specifications for Return Activated Sludge Pump Station 8 rehabilitation. For budgeting purpoaee, it is assumed that the RA8/VVA8 pumps will be replaced in kind, piping inside the pump station will be replaced with ' ductile iron pipe, and electrical equipment associated with RAS/VVAS pumps replaced. 3. Prepare plans and specifications for replacement of carbon ataa| piping with a more suitable piping material at Return Sludge Pump Stations 1, 2, 3. 7. and 8. It is aaaunnad that all RA8/VVAG piping within each pump station will be nep|oced, including valves. Traveling Bridge/Automatic Backwash Filters 1. Prepare plans and specifications for the improvements identified in the POFl (FINAL), It is assumed that nap|onnrnent of bridge, backwash equipment, and media according to either US Fi|ter/OAVC[) or |nh/oo Oegnannont recommendations will be designed. Guaranteed Bid Price for Automatic Backwash Filters 1. Meet with selected supplier to negotiate and obtain o guaranteed not-to exceed price for the selected equipment Deep Media Filters 1. Prepare plans and specifications for modifications or improvements associated with designing the bulkhead system tofacilitate access tovalves in the filter influent channel for two filters as well as replacing the associated valves at the influent channel on the selected two filters. Task 301 Fifty Percent Submittal February 1S. 2OO9 Page 8of11 »*://Carol/umucumonts/C/enmr)(/prt WorthNowWTpooconuury Area and Filter nohom/mprojoctwunagomunmommotsNC*wTp Draft Scope-Rev*(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A - SCOPE OF SERVICES The plans and specifications will be completed to the 50% level under this task. Five (5) copies of the plans (11x17 format) and specifications will be submitted for review and comment along with an updated opinion of probable construction cost. Task 302 Fifty Percent Design Review Workshop A 50% Design Review Workshop will be conducted two to three weeks after the delivery of the 50% Plans and Specifications. CITY comments to the plans, specifications, and opinion of probable construction costs will be received and discussed in a workshop format. ENGINEER will present a summary of the project status, outstanding issues, changes, decisions required, and schedule. Task 303 Ninety Percent Submittal The plans and specifications will be completed to the 90% level under this task. Five (5) copies of the plans (11x17 format) and specifications will be submitted for review and comment along with an updated opinion of probable construction cost. Task 304 Ninety Percent Design Review Workshop The 90% Design Review Workshop will be conducted two to three weeks after the delivery of the 90% Plans and Specifications. CITY comments to the plans, specifications, and opinion of probable construction costs will be received and discussed in a workshop format. ENGINEER will present a summary of the project status, outstanding issues, changes, decisions required, and schedule. Task 305 Bid Ready Documents ENGINEER will incorporate CITY review comments and ENGINEER's internal quality review comments to produce sealed and signed plans and specifications (Bid Ready Contract Documents). Task 306 TCEQ Coordination This task includes preparation of summary transmittal letters to TCEQ to comply with TCEQ Chapter 217 requirements. Bid ready contract documents will be submitted to TCEQ if required to complete TCEQ review. Deliverables 1. Meeting and Workshop Agendas and Minutes, 1 copy for each attendee distributed electronically in Portable Document Format (PDF). Agendas will also be distributed in hardcopy at the beginning of each meeting and workshop. February 19, 2009 Page 9 of 11 pw://Carollo/Documents/Client rX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCWWTP Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES 2. 50% Final Design Plans, Specifications, and updated Opinion of Probable Construction Cost, 5 hard copies each half sized (11 x 17) plans and 8.5 x 11 specifications. 3. 50% Final Design Review Comments/Response Log. 4. 90% Final Design Plans, Specifications, and updated Opinion of Probable Construction Cost, 5 hard copies each half sized (11 x 17) plans and 8.5 x 11 specifications. 5. 90% Final Design Review Comments/Response Log. 6. Bid ready plans, specifications, and updated Opinion of Probable Construction Cost, 5 hard copies each half sized (11x17) plans and specifications. 7. Bid ready contract documents TCEQ Summary Transmittal Letter, 1 hard copy. TASK SERIES 400 BIDDING ASSISTANCE This task series covers services during bidding phase.of the project. A bid through award period of up to three months is assumed for this project. Task 401 Distribution of Contract Documents ENGINEER will provide a copy of the notice to bidders for CITY to use in notifying construction news publications and publishing appropriate legal notice. The cost of publications shall be paid by CITY. ENGINEER will print Bid Documents and distribute to up to five selected plan rooms. ENGINEER will make plans and specification available to prospective bidders and act as administrator in selling Contract Documents to prospective bidders. ENGINEER will determine the sale price of the Bid Documents to recover cost of printing and mailing and will use the revenue from their sale as reimbursement for printing, mailing, and handling costs. ENGINEER will maintain information on entities that have been issued a set of bid documents and distribute information on plan holders to interested contractors and vendors on request. Task 402 Pre-Bid Conference ENGINEER will conduct the pre-bid conference for the contract documents, including preparation of meeting agenda and minutes for distribution to potential bidders. Task 403 Potential Bidder Questions February 19, 2009 Page 10 of 11 pw://Carollo/Documents/Client(TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCM7 Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT A -SCOPE OF SERVICES ENGINEER will log in questions and provide interpretation of intent of plans and specifications to plan holders. If required, interpretations will be included in the addendum. Task 404 Addenda ENGINEER will prepare administrative and technical clarification addenda for the contract documents. Sketches, drawings, and other addenda information will be delivered to CITY. Addenda will be sealed by the responsible engineer and provided in either Portable Document Format (PDF) (by e-mail) or hard copy to each of the plan holders. Task 405 Pre-Award Research and Award Recommendation ENGINEER will evaluate each bid for completeness, prepare a bid tabulation, check references and qualifications of apparent low bidder, prepare a letter documenting the results of the bid evaluation and pre-award research, and make a recommendation for award of the construction contract. Task 406 Conformed Drawings and Specifications At the completion of the bid period, ENGINEER will prepare conformed drawings and specifications consisting of the bid documents updated to reflect the administrative and technical addenda and the executed contract documents. Deliverables 1. Notice to Bidders, bid documents (plans and specifications), and list of initial plan holders and a weekly update of the plan holders list. 2. Pre-Bid Conference Agenda which will be distributed in hard copy at the conference. 3. Response to bidder questions in the form of an addendum to the contract documents distributed to or each planholder electronically in Portable Document Format (PDF). 4. Sealed copy of each addenda in either Portable Document Format (PDF) or hard copy to each plan holder. 5. Bid tabulation and award recommendation letter, 5 hard copies. 6. Conformed plans and specifications, 5 hard copies each half sized (11x17) plans and specifications. February 19, 2009 Page 11 of 11 pw://Carollo/Documents/ClienUrX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCM7 Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT B - COMPENSATION 1® BASIC ENGINEERINGICE For engineering services provided under Attachment A, the City shall pay the Engineer on a Salary Cost Method, an amount not to exceed $ 893,000.00, according to paragraphs A, B, and C below. The basis for this fee is shown in Exhibit B-1 and Exhibit B-2. A. Labor: The engineer shall be compensated for the services of his personnel on the basis of raw hourly rate times 3.25 for the time such personnel are directly utilized on the work. The salaries of personnel assigned are subject to reasonable modification by the Engineer throughout the term of this Agreement; however, such modifications will not affect the upper limit value of this agreement. B. Other Direct Costs: The Engineer shall be compensated for other direct costs including: 1) Expenses which include but are not limited to: air fare, automobile rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone, postage and mailing costs shall have no mark-up. 2) A flat PECE charge of$ 9.00 per hour of staff member to cover project equipment and communication expense. C. Subconsultant Services: For all subconsultant services, Engineer shall be compensated at his actual cost plus 10%. II. ADDITIONAL SERVICES For Additional Services provided outside the scope defined in Attachment A, as approved by an amendment to this Agreement, the City will pay the Engineer for Labor, other incidental direct costs and subconsultants on the same basis described in Paragraph I of this Attachment. 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Electrical, instrumentation, and controls as part of the $ 86,400 9.7% preliminary, final design and bidding assistance phases. Jaster-Quintanilla Structural as part of the preliminary and final design $ 77, 095 8.6% and surveying services (topographic and spot survey) as part of the preliminary design, final design, and bidding assistance phases. Inventive Concepts, Inc. Computer Aided Design as part of the final design and $ 15,000 1.7% bidding assistance phases. Alphagraphics 83 Printing and reproduction for the project. $ 18,000 2.0% CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT C -AMENDMENTS TO STANDARD AGREEMENT FOR ENGINERING SERVICES AMENDMENTS The following paragraphs of the STANDARD AGREEMENT FOR ENGINERING SERVICES shall be amended to read as follows: 1. Article V, paragraph G shall be amended to read as follows: "G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEERSs Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence and contractor naming of the CITY and the ENGINEER as additional insured on the contractor's Commercial General Liability and Builders Risk/installation insurance policies." 2. Article V, paragraph 1.3 shall be amended to read as follows: "(3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks and shall name the CITY and the ENGINEER as additional insured." (Remainder of Page Intentionally Left Blank) February 19, 2009 Page 1 of 1 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCWWTP Draft Scope-Rev 4(B) CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SECONDARY AREA AND FILTER REHABILITATION and MODIFICATIONS CAROLLO ENGINEERS ATTACHMENT D - PROJECT SCHEDULE PROJECT SCHEDULE ENGINEER shall commence work immediately following notice to proceed (NTP). ENGINEER has reviewed the project with the CITY. The anticipated scheduled is outlined below. It is assumed that the anticipated review time for designated CITY staff will not exceed ten calendar days for technical memoranda and reports and seventeen calendar days for intermediate and final submittals (50% and 90%). Task Calendar Days Preliminary Design Report 12 weeks from NTP Intermediate (-50%) Design Review Submittal 12 weeks from PDR Final (-90%) Design Submittal 12 weeks from 50% Bid-Ready Contract Documents 7 weeks days from 90 review% Bid Period/Award 12 weeks CITY and ENGINEER mutually agree that they will work toward meeting the schedule. Should the Scope of Work be changed and/or should problems arise during the course of the work effort that could affect the above schedule, it is understood that both CITY and ENGINEER will develop a revised schedule and budget limit, if required, to address scope changes, delays or other problems. It is understood that the ENGINEER must proceed with the work during the review period in order to complete the work on schedule. (Remainder of Page Intentionally Left Blank) February 19, 2009 Page 1 of 1 pw://Carollo/Documents/Client/TX/Fort WorthNCWWTP Secondary Area and Filter Rehabilit/Project Management/ContractsNCWWTP Draft Scope-Rev 4(B) AftiCty of FortWorth, Mayor and Council Communication COUNCIL ACTION: Approved on 4/28/2009 DATE: Tuesday,April 28,2009 REFERENCE NO.: C-23490 LOG NAME: 60VC WWTP SECONDARY&FILTER REHAB SUBJECT: Authorize an Engineering Agreement in the Amount of$893,000.00 with Carollo Engineers,P.C.,to Design Village Creek Wastewater Treatment Plant Secondary Area and Filters Rehabilitation and Modifications RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Carollo Engineers,P.C.,in the amount of$893,000.00 to design Village Creek Wastewater Treatment Plant Secondary Area and Filters Rehabilitation and Modifications. DISCUSSION: The Village Creek Wastewater Treatment Plant(VCWWTP)is a 166 million gallon per day activated sludge system comprised of primary, secondary and tertiary treatment, chlorine disinfection and dechlorination. Generally more than half of the existing facilities are more than 25 years old, and some facilities still in use are over 50 years old. CH2M Hill has recently completed the VCWWTP Facilites Assessment Study (November 2007)in which many facilities have been identified for short term or long term rehabilitation or replacement. The project consists of the rehabilitation and modification of final clarifiers 22 and 24,return sludge pump station modifications, the deep bed media filters study and valve replacement, and the traveling bridge/continuous backwash filter modifications. Carollo Engineers,P.C.,proposes to perform the necessary design work for a fee not to exceed$893,000.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. Carollo Engineers,P.C.,is in compliance with the City's M/WBE Ordinance by committing to a 22 percent M/WBE participation.The City's goal on this project is 21 percent. In addition to the contract amount, $45,000.00 is required for project management by the Water Department. This project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P275 531200 701300128930 $893,000.00 P275 511010 701300128930 $45.000.00