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Contract 41324
CITV SECRETARY CITY Y OF FORT WORTH, TN,XXAS CONTRACT Nr � STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN S RVIC This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and CP&Y, Inc., (the "ENGINEER"), for a PROJFC T generally described as: South Holly Water Treatment Plant High Service Pump Station - Motor and Switchgear replacement and Llectrical Improvements. Article Sepe 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, 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. (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 City of Fort Worth, Texas a .b Standard Agreement for Engineering Related Design Services OICIAL I CURD PMO Official Release Date: 9.22.2010 Page 1 of 15 I ;`iCITY SECRETARY Ft WORTH, TX 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 2 of 15 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 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 3 of 15 (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 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, as amended, 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 accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 4 of 15 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 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. The CITY shall be included as an insured 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY 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 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 — the 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 6 of 15 (2) GENERAL INSURANCE REQUIREMENTS a. 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. b. 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. 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 request required insurance documentation 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 7 of 15 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 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. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 8 of 15 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. 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 9 of 15 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 10 of 15 (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. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 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. 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 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 in 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 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. 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. 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. K. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 13 of 15 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGRI--LAMENT, including its attachments and schedules, constitutes the entire AGREFMENT, 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 o Project Schedule Attachment E e Location Map -t. Executed this the te day of ��;.. , 20 ATTEST: Marty Hend City Secretary APPROVED AS TO FORM B A s ant City Attorney f-AL-N)53 Contract Author i z_tio 1, kai bate CITY OF FORT WORTH t.�attill a' 0Qa00o*Ns?? Fernando Costa 0°0 0 ob % Assistant City Manager labs ,c: - % 0 z110LE /9 lc /DlI�Q'GBy. (5) od7/�ob � 'l( n. 4 o j S. Frank Crumb, PE City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 15 of 15 Y ®; PROVAL RECOMMENDED odd 0 A Director, Water Department CP&Y, Inc. ziateet_e*Crai, William E. Carroll, PE Vice President By: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR SOUTH HOLLY WATER TREATMENT PLANT HIGH SERVICE PUMP STATION - MOTOR AND SWITCHGEAR REPLACEMENT AND ELECTRICAL IMPROVEMENTS CITY PROJECT NO.: 01632 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 Task 1. Design Management Task 2. Preliminary Design Report and 30% Design Task 3. Final Design (90 Percent) and Final Construction Documents (100 Percent) Task 4 Bid Phase Services Task 5. Construction Phase Sevices TASK 1. DESIGN MANAGEMENT. 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 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • 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 • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth s Schedule Guidance Document. • Complete Monthly MNVBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • 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 • 15 MWBE reports will be prepared • 4 meetings with city staff • 15 monthly water department progress reports will be prepared • 15 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D Baseline design schedule E Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly MNVBE Report Form and Final Summary Payment Report Form • TASK 2. PRELIMINARY DESIGN REPORT AND 30% DESIGN The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to ® Study the project, ■ Identify and develop alternatives that enhance the system, ® Present (through the defined deliverables) these alternatives to the CITY ® Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. Since there is no available as -built information for the North Holly Administration Budding, the electrical evaluation will require physically examining the panels, and will require partial and full electrical shutdowns for area to determine the circuits. 2.2. Technical Memorandum The Technical Memorandum will evaluate the benefits and costs between the synchronous motors and the induction motors for the high service pumps at south holly. The report will include a recommendation on the motor based on operational costs, installation costs and maintenance requirements. 2.3. Tasks in the Design will include the following: • North Holly Administration Building o Verify circuits in Administration Building o Replace the exterior Pad Mounted Transformer. o Replace medium voltage switch in manhole. o Replace pull out fuse panel in Administration Building with Circuit Breaker Panel. o Replace 120 V Panels in filter wing basement o Replace Federal Pacific Electric panels in Administration Building. • South Holly High Service Pump Station o Replace High Service Pump Motors o Replace Switchgear and Motor Control Centers o Replace Unit Heaters in Pump Room o Replace Lighting in Pump Room o Remove Boiler and associated piping o Convert Combination Office/Communication/Control room into a Communication and Control Room. o Provide dedicated Air Conditioning to Communication and Control Room. o Coordinate with HSQ for expansion of PLC14 to incorporate additional controls. o Update bridge crane by updating controls and replacing live electrical bus. o Update cone valve controls to operate with new motor controls. o Update electrical in basement to allow proper draining of conduit to exterior. o Replace plumbing fixtures with low flush fixtures. 2.4. PREPURCHASE DOCUMENTS The motors and the electrical switchgear are long lead items that will be purchased prior to the installation contract. The Prepurchase documents for the Electrical Gear package will include requirements for Oncor Metering to be provided in the main sections of the electrical gear. 2.5 The 30% Design will include the following: • Cover Sheet • North Holly Demolition Plans • North Holly Electrical Plans • South Holly HVAC Plans • South Holly Plumbing Plans • South Holly Electrical Plans • Preliminary Motor Pre -purchase Documents • Preliminary Electrical Gear Pre -purchase Documents ASSUMPTIONS • Ten (10) copies of the 30% design package will be delivered • Drawings will be 11 ' x 17", and reports and specifications will be 81/" x 11". DELIVERABLES • Preliminary Design Drawings and Specifications o Cover Sheet o North Holly Administration Building Electrical Plans o South Holly Area Electrical Plans o South Holly HSPS Electrical Plans o South Holly HSPS HVAC Plans o South Holly HSPS Plumbing Plans o Preliminary Specifications • Preliminary Design Report o Code Issues o Technical Memorandum of Comparison between Synchronous and Induction Motors o Opinion of Probable Construction Cost o Preliminary Construction Sequencing Plan Preliminary Motor Pre -purchase Drawings and Specifications P reliminary Motor Control Center and Switchgear Pre -purchase Drawings and S pecifications Opinion of Probable Construction Cost o Installation Costs o Prepurchased Equipment Cost TASK 3. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule • Update the ENGINEER's Opinion of Probable Construction Cost • 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 • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. • The ENGINEER shall assist the CITY in prequalifying General Contractors for the Installation Contract. • The ENGINEER shall assist the CITY in prequalifying acceptable manufacturers for the prepurchase motors and electrical gear ASSUMPTIONS • Ten (10) sets of 11 x 17 size drawings and ten (10) specifications will be delivered for the 90% Design package. A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Ten (10) sets of 11x17 size drawings and ten (10) specifications will be delivered for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Prepurchase Documents will be finalized and delivered after the 30% Design. • Anticipated drawing sheets are: General Cover Sheet Sheet Index and Notes Electrical Legend North Holly Electrical North Holly Site Plan -Demo North Holly Demolition N orth Holly Electrical Plan I N orth Holly Electrical Plan II North Holly One -line Diagrams N orth Holly Section & Details HVAC HVAC Legend South Holly HSPS HVAC Demolition 1st Floor South Holly HSPS HVAC Demolition Basement & Restrooms South Holly HSPS HVAC Plan 1st Floor South Holly HSPS HVAC Enlarged Plans South Holly HSPS HVAC Sections and Risers South Holly HSPS HVAC Schedules South Holly HSPS HVAC Details South Holly Electrical South Holly Site Plan South Holly HSPS Pump Room Power Demolition South Holly HSPS Pump Room Power Plan South Holly HSPS Pump Room Instrumentation Demolition Plan South Holly HSPS Pump Room Instrumentation Plan South Holly HSPS Electrical Room Demolition Plan South Holly HSPS Electrical Room Plan South Holly HSPS Basement Demolition Plan South Holly HSPS Basement Plan South Holly HSPS Second Floor Demolition Plan South Holly HSPS Second Floor Power South Holly HSPS Second Floor Lighting South Holly Details I South Holly Details II Instrumentation Sheets Instrumentation Legend System Architecture P&ID Loop Diagrams I Loop Diagrams II DELIVERABLES A. Motor Pre -purchase Documents. B. Motor Control Center and Switchgear Pre -purchase Documents. C. 90% construction plans and specifications with updated opinion of probable construction cost. D. 100% construction plans and specifications. E Final Pre -purchase Documents F. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. G Original cover mylar for the signatures of authorized CITY officials. TASK 4. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 4.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xls file. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files one for each plan sheet and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • 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 Buzzsaw 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 Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. 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. • Attend the bid opening in support of the CITY. • 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 is to be uploaded into the project's Bid Responses folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. 4.2 Mylar Drawings • The ENGINEER shall submit a set of sealed conformed mylar drawings for record storage Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted PDF and DWF files shall conform to naming conventions as follows: 0 I. TPW file name example - "W-1956_org47.pdf' where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47' shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Fifteen (15) sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • Ten (10) sets of 11x17 size and 6 sets of fullsized size drawings plans and Ten (10) specifications (conformed, if applicable) will be delivered to the CITY. • PDF and DWF files will be uploaded to Buzzsaw. • 1 copy full size (22" x 34") mylar plans (conformed, if applicable) will be delivered to the CITY. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E Conformed mylar plans TASK 5. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 5.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • Attend the Motor Factory Test and prepare a written report ENGINEER shall pay all travel expenses for the Motor Factory Test for travel within the continental United States. • Attend the Electrical Gear Factory Test and prepare a written report. ENGINEER shall pay all travel expenses for the Electrical Gear Factory Test for travel within the continental United States. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. ASSUMPTIONS • 10 RFI's are assumed. • 5 Change Orders are assumed. DELIVERABLES A. Meeting summaries for monthly construction meetings. B. Testing summaries from Motor Testing Visits C. Testing summaries from Motor Control Center and Switchgear Testing. D. Response to Contractor's Request for Information E Review of Change Orders F. Review of shop drawings G. Final Punch List items H. Record Drawings ATTACHMENT B COMPENSATION Design Services for South Holly Water Treatment Plant High Service Pump Station — Motor and Switchgear Replacement and Electrical Improvements City Project No. 01632 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $292. 213.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment 13 PMO Official Release Date: 5.19.2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility 1 Fee Amount % Prime Consultant CP&Y, Inc. 1 Proposed M/WBE Sub -Consultants $156, 548 53.57 Gupta & Associates, Inc Electrical Design-N. Holly $26, 805.00 9.17 AACE, LLC HVAC Design-S. Holly $29, 360.00 10.05 JQ Dallas, LLP Structural Evaluations-S. Holly $7, 500.00 2.57 Non-M/WBE Consultants Freese & Nichols, Inc. Motor Replacement Design $72, 000.00 24.64 TOTAL $292, 213.00 100% Number & Name Fee M/WBE Fee M/WBE % Project Total $292, 213.00 $63, 665.00 27.79% City M/WBE Goal = 17% Consultant Committed Goal = 20 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 3 Professional Services Payment Request Project Manager: Christopher Harder, PE Project: South Holly WTP High Service PS -Motor & Switchge; City Project #: 01632 City Sec Number: Company Name: CP&Y, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Timothy Campbell, PE Consultant instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: tcampbell@cpyi.com Office Address 1820 Regal Row, Dallas, TX 75235 Telephone: 214-640-1711 Fax: 214-638-3723 Agreement Amendment Sheet FAC and Work Type Description Amount Amount Agreement Amount to Date Amount Spent Percent Spent ($) Invoiced Previously Current Invoice I Remaining Balance Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Payment Request Overall Percentage Spent: CP&Y, Inc. CFW Project Manager Consultant's Project Manager Consultant's email: Name of Project : 214-640-1711 214-638-3723 1820 Regal Row, Dallas, TX 75235 Christopher Harder, PE Timothy Campbell, PE tcampbell©c cpyi.com Switchgear Replacement & Electrical Improvements. Invoice Consultant Project No. Proj. Invoice No. Invoice date: Period From Date To Date City Secretary Contract #: P.O. Number: Labor Category Project Manager (example) Name Hours Rate ($/hrj Senior Engineer(example) Engineer (example) Junior Engineer (example) CAD Technician (example) Adminstrative Support (example) etc Total Labor Subcontract Service 0.0 Subcontract Service - <1 example> Subcontract Service - <2 example> etc Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) TOTAL DUE THIS INVOICE Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.00 $0.00 $0.00 $o.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Professional Services Payment Request Project Manager: Christopher Harder, PE Project: South Holly WTP High Service PS -Motor & Sw City Project #: Work Type Desc: F/A/C : City Sec Number: Purchase Order: Name: 01632 CP&Y, Inc. Consultants PM: Timothy Campbell, PE Vendor Invoice #: Timothy Campbell, PE Payment Request #: From Date: To Date: Invoice Date: Consultant Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: tampbell@cpyi.com Office Address 1820 Regal Row, Dallas, TX 75235 Telephone: 214-640-1711 Fax: 214-638-3723 Pay Items Agreement Amendment Amendment Description Amount Number Amount Agreement Amount to Date Amount Spent Percent ($) Invoiced Spent Previously Current Invoice Remaining Balance Totals This Unit: Overall Percentage Spent: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for South Holly Water Treatment Plant High Service Pump Station - Motor and Switchgear Replacement and Electrical Improvements City Project No. 01632 Not Used City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 Consulting- Contract Schedule Specifications City of Fort Worth Capital Improvement Program I! 1%. it RT H Attachment D mn Project Schedule This PRO ECT requires a Tier III schedule as defined herein and in the Citv's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Primavera SureTrak (Version 3.x or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with Di and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, City of Fort Worth, Texas Attachment D PMQ Release Date: 06.30.2009 Page 1 of 2 o Coordination issues the CITY should be aware of or can assist with, O Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 06.30.2009 Page 2 of 2 • CP&Y Schedule Activity ID • Activity Name South Holly HSPS _Design Desi•n 1201 Conduct Pre -Design Meeting & Issue NTP 1202 Issue Notice To Proceed - Design _ 1203 Gather Data and verify As-builts 1204 Prepare Motor Technical Memorandum 1205 Review Motor Technical Memorandum (CFW) 1206 Prepare and Submit 30% Design 1207 'Review 30% Design 1208 Prepare and Submit 60% Design 1209 Prepare and Submit Final Pre -Purchase OD - - 2012 sus j 220 C 220 0 15_ 15 10 40 30 30 ✓ e 20 1210 Review 60% Design (CFW) 1211 Prepare and Submit 90% Design 1212 Review 90% Design (CFW) 1213 Prepare and Submit Construction Drawings 1214 Review Construction Drawings (CFW). 1215 Design Complete Construction Construction Advertisement Bid Phase - Pre -purchase 2016 rstart Advertisement 2017 Advertise Pre -Purchase Motors and Motor Control 20 2018 Bid Opening 1 2019 Review Bids - Bid Tabulations and Select Contractor 5 20 20 20 20 20 458 234 Bid Phase installation 2020 Start Advertisement 2021 Advertisement Period 20 2022 Hold Pre -Bid Meeting 1 2023 Issue Addenda (As needed) 10 2024 Bid Opening 1 2025 Review Bids - Bid Tabulations and Select Contractor I 6 26 0 27 0 • MWBE Documentation 15 2026 Submit MWBE Compliance Documents 5 2027 Review and Approve MWBE Compliance Documents 10 M and C Process 57 2028 Start M&C Process - Construction _ 0 2029 M&C Process 52 Contract Execution _ 20 2030 Execute Contract Documents (Contractor) 10 2031 Execute Contract Documents (CFW) 1 10 Pre -Construction Activities 2032 Distribute Executed Contract Documents to Constru... 2033 __ Construction to Schedule Pre -Con Meeting 2034 Hold Pre -Construction Meeting with Contractor Construction Contract 2236 2237 Motor Manufacturing 2238 2239 Factory Test of Motors Motors on Site 14 .4 1 5 150 Motor Control Center Manufacturing 2240 Factory Test of Motor Control Center 2241 _ Motor Control Center on Site _ 2242 Construction Phase Start 2243 Installation Construction Ins • ection 2385 Inspections 2390 Final Inspection 10 15 185 5 2395 1 Construction Phase Complete Closeout Closeout Report and Review 2500 Closeout Review 2510 Project Complete 15_ 0 180 202 180 15 4 • 31 30 1 s 0 i -11.1111111 Work Remaining Work Critical Remaining Work • 0 Milestone O ® Critical Milestone ♦ ® Completed Milestone Remaining Level of Effort Actual Level of Effort b Mar • • • • • • • 4 Aprj May Jun • Pagel of 1 Jul Aug j Sep • • • • . • Oct 41 . • Nov 1 Dec 2013 Jan r_a7 { Feb Mar C PP) ATTACHMENT "E" PROJECT LOCATION Design Services for South Holly Water Treatment Plant High Service Pump Station - Motor and Switchgear Replacement and Electrical Improvements City Project No. 01632 (See following attachment) at • uoge;g dwncs aaonaaS N�tH AIIOH taros IoefoJd jueweoeidej aea6ypiinns leoiapa13 pue JOjOw uogeis dwnd eowueg LIGH A1101-1 4�noS PRODUCER McLaughlin Brunson Insurance Agency, 6600 LBO- Freeway, Suite 220 Dallas TX 75240 (214) 503-1212 INSURED Nationwide Water Resource Services, Division of CP&Y,Inc. 1820 Regal Row, Suite 200 Dallas TX 75235 LLP (214) 503-8899 Inc. a COVERAGES THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED Cert ID 8634 DATE (MMIDD/YYYY) 12/9/2010 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERS: Hartford Fire Insurance Co INSURER Ct XL S•ecialt Insurance Co. INSURER D; Travelers Ind. Co. of Conn. INSURER St. Paul Fire & Marine Ins, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS� TAB N DI G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �D7 DD' A E B GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR Contractual Liab Severability of Int. X IX) GEN'LAGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ■ ■ GARAGE LIABILITY ■ ANY AUTO ■ POLICY NUMBER PACP1951L895 Valuable Papers $2,245,000 BA3865M855 EXCESS/UMBRELLA LIABILITY OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below QX06502279 46WECZI4881 POLICY EFFECTIVE 6/1/2010 POLICY EXPIRATION 6/1/2011 6/1/2010 6/1/2011 6/1/2010 OTHER Professional Liab DPR9684961 1/1/2011 4/1/2010 6/1/2011 1/1/2012 4/1/2011 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. City of Fort Worth - Engineering Dept. is shown as•Additional Insured with Waiver of Subrogation on the Auto General & Umbrella Liability coverages as required by written contract. Workers Compensation coverage shows Waiver of Subrogation in favor of the City of Fort Worth - Engineering Dept. EACH OCCURRENCE MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT EACH OCCURRENCE AGGREGATE x E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT 5 3 S 500,000 500,000 500,000 $3,000,000 Per Claim/Annual Aggregate CERTIFICATE HOLDER City of Fort Worth-Eng. Dept. Attn: Fred Ehia 1000 Throckmorton Street Fort Worth TX 76102 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE t +AatUt IL Page 1 of 2 ACORD CORPORATION 1988 M&C Review Page 1 of 2 DATE• IL Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 12/14/2010 12/14/2010 REFERENCE NO.: CODE: C SUBJECT: TYPE: **C-24653 LOG NAME: CONSENT Authorize an Engineering Agreement in the the South Holly High Service Pump Station (COUNCIL DISTRICT 9) PUBLIC HEARING: Amount of $292 213.00 with CP&Y Inc., for Motor and Switchgear Replacement Project 60SOUTH HOLLY HSPS NO RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with CP&Y Inc., in the amount of $292,213.00 for the South Holly High Service Pump Station Motor and Switchgear Replacement Project. DISCUSSION: The South Holly High Service Pump Station was constructed in 1957. The pump station consists of four 30 million gallon per day pumps driven by 1,750 HP electric motors, and one 15 million gallon per day pump driven by a 900 HP motor. The electrical switchgear and motors have been in service for over 50 years. On June 19, 2007, (M&C C-22199) City Council authorized the execution of an engineering agreement for the North and South Holly Water Treatment Plant Condition Assessment. This assessment recommended replacement of the pump motors and switchgear due to the criticality of the station to the operation of the water system coupled with historically high maintenance costs and safety concerns. The scope of work for the South Holly High Service Pump Station Motor and Switchgear Replacement Project consists of the replacement of the existing pump motors and switchgear, as well as electrical, lighting and HVAC improvements to the pump station building in order to improve the energy efficiency. As part of this agreement, the Engineer will be responsible for preparation of plans and specifications, bidding assistance, and construction services. Upon completion, the new motors and switchgear should result in reduced operating and maintenance costs, improved safety, and improved reliability. CP&Y, Inc., is in compliance with the City's M/WBE Ordinance by committing to 22 percent M/WBE participation. The City's goal on this project is 17 percent. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 601530163233 $292,213.00 Submitted for City Manager's Office by: http://apps.cfwnet org/council_packet/mcjeview.asp?ID=14394&councildate=12/14/2010 12/23/2010 M&C Review Page 2 of 2 Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Chris Harder (8293) ATTACHMENTS 60SOUTH HOLLY HSPS map.pdf http://apps. cfwnet. org/councilpacket/mc_review. asp?ID=143 94&councildate=12/ 14/2010 12/23/2010