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HomeMy WebLinkAboutContract 43140CITY OF FORT WORTH, TEXAS CIYY SECRI�A� RACT NO. 3 v......• STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY "), and MALCOLM PIRNIE, INC., authorized to do business in Texas, an independent contractor ( "Consultant "), for a PROJECT generally described as: VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A ". These services shall be performed in connection with VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and /or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B ". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A ". However the total fee paid by the City shall not exceed a total of $293,400 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 1 of 8 04 -23 -12 A09:19 IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article III Term Unless terminated pursuant to the terms herein, this MONTHS, beginning upon the date of its execution, matter contemplated herein, whichever occurs first. Article IV Independent Contractor Agreement shall be for a term of 6 or until the completion of the subject Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant 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 Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the FT. WORTH WATER DEPARTMENT, Attention: FARIDA GODERYA, PHD, PE, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non - renewal, and /or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non - payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 3 of 8 f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self- funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 4 of 8 (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub - consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub - consultant reasonable advance notice of intended audit. (3) Consultant and sub - consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 5 of 8 Article X Minority and Women Business Enterprise (M/WBE) Participation In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ( "M/WBE ") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and /or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to 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. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 6 of 8 Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand - delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: FARIDA GODERYA, PHD, PE 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: ARCADIS U.S., INC Attn: Randall G. McIntyre, RPLS, PE, BCEE 777 Main Street, Suite 1250 Ft. Worth, Texas 76102 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the ATTEST: J. City vo o 0- _' O ►, 0000 AS APPROVED FORM AND LEGALITY By: Douglas ack Assistant City Attorney M &C No.: C -25428 M &C Date: 2/7/2012 City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 8 of 8 , 20 I2. OF FORT WORTH FERNANDO COSTA Assistant City Manager APPROVAL RECOMMENDED By: , lvvnk(�A S. FRANK CRUMB Director, WATER DEPARTMENT Malcolm Pirnie, Inc. By:_ Y� RANDALL G. mcmftYRE, PE, BCEE VICE PRESIDENT OFFICIAL RECORp CITY SECMARY FT. VwjRTm, TX J ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.: 01814 ATTACHMENT A Scope for Engineering Design Related Services for Water and /or Sanitary Sewer Improvements DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM — DESIGN PHASE I CITY PROJECT NO.: 01814 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. Conceptual Design 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 1 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 • 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 MWWBE 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 • 4 MWBE reports will be prepared • 4 meetings with city staff • 4 monthly water department progress reports will be prepared • 4 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 MWWBE Report Form and Final Summary Payment Report Form TASK 2. PROCESS EVALUATION AND CONCEPTUAL DESIGN PROCESS EVALUATION AND CONCEPT DESIGN (4 months) BASIC SERVICES City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 2 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 ENGINEER will perform process evaluations and develop a conceptual design for the PROJECT under this CONTRACT. The concept agreed to under Phase I will be used as the basis to execute design phase services summarized in Phase II and Construction Services in Phase III.. The scope tasks to be executed as part of Phase I are summarized below. Task 100 — Project kickoff meeting Description As part of this task, ENGINEER will facilitate a kick off meeting at VCWRF to establish the goals, objectives, critical success factors, stakeholder constraints, schedule, and critical path items. Key members from the ENGINEER's team will be present at this meeting in addition to FWWD staff. Assumptions 1. 2 hour meeting at VCWRF Deliverables 1. Agenda 2. Draft and final meeting minutes Task 200 — Site Reconnaissance and condition assessment of existing facilities to be re -used/ re- purposed Description ENGINEER's team will conduct a detailed site reconnaissance to identify field conditions, constraints, and condition of existing facilities near the proposed site (surrounding the existing abandoned chlorine contact chamber). Condition of facilities will be documented City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 3 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT N0.:01814 using a combination of photos and field notes. A brief summary presentation and memorandum will be prepared to summarize impact of existing facilities to proposed improvements. Key FWWD staff will be briefed on the condition assessment findings at VCWRF Assumptions 1. 1 day site visit by ENGINEER's discipline leaders 2. Key VCWRF facility O &M staff are made available to provide institutional knowledge to facilitate condition assessment and repurposing of existing facilities 3. Summary of condition assessment in a brief memorandum. Deliverables 1. Site visit 2. Condition assessment memorandum Task 300 — Data collection and review Description ENGINEER will collect and review available information needed for the project from FWWD. Data shall include pertinent existing reports, record drawings (hard copy and CADD files) of existing facilities, process data, existing geotechnical and survey information, etc. Assumptions 1. ENGINEER will submit a data needs letter to FWWD summarizing information requested. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 4 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 2. FWWD will submit all relevant and available information to ENGINEER in electronic form on CD -ROM or equivalent e- medium. Deliverables 1. Data needs letter Task 400 — Sidestream feed characterization / definition During the project viability evaluation performed by the ENGINEER on a previous contract, limited sidestream influent data was made available to use as the basis of evaluation. The objective of this task is to carry out a more comprehensive characterization of the sidestream influent which will be used during the process evaluation and concept development activities under Phase 1. Two main sub tasks are proposed as summarized below. Task 400.1- Dewatering effluent (sidestream influent) characterization Description ENGINEER will provide oversight assistance to VCWRF operations staff who shall be responsible for sample collection and analytical testing using FWWD laboratory facilities. Oversight services include a brief test plan that summarizes sampling locations, frequency, test methods, data entry worksheet. Parameters of relevance in the dewatering effluent include: Flow, Ammonia (NI-13 -N), alkalinity (as CaCO3), soluble/ total phosphorus (as P), pH, TSS/ VSS (as mg /L), and BOD5 (soluble and total). ENGINEER will review the data City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 5 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 submitted by VCWRF and develop a side stream treatment feed basis for use in the PROJECT. Assumptions 1. No third party laboratory testing is required through ENGINEER. FWWD laboratory facilities can perform the analysis needed without need for ENGINEER to retain /use a third party laboratory. 2. VCWRF staff will execute the test plan, collect samples, chain of custody, and provide data to ENGINEER in MS Excel format. Deliverables 1. Test plan 2. Data entry worksheet 3. Summary of sidestream influent characteristics /basis Task 500 — Preliminary hydraulic profile evaluation Description ENGINEER will perform a preliminary hydraulic profile between the offsite dewatering operations, existing chlorine contact chamber/ clarifier, and proposed sidestream effluent storage/ metering. The hydraulic profile will be used in subsequent tasks to determine the best approach to minimize pumping within the sidestream system. The hydraulic profile will also help location of upstream and downstream storage that maybe needed for the sidestream system. Assumptions City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 6 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WIRE SIDE STREAM- DESIGN PHASE I CITY PROJECT NO.:01814 1. Existing survey or as- builts of facilities to be hydraulically profiled are made available by FWWD to ENGINEER. 2. Survey needed to obtain missing elevations will be considered as a special service. Deliverables 1. Hydraulic profile Task 600 — Sidestream treatment alternatives development, screening, ranking, and selection Task 600.1 — Sidestream treatment alternatives development Description As part of this Task, ENGINEER will prepare non proprietary sidestream treatment configurations to be evaluated as part of this project. One offsite option will be evaluated to determine the viability of using the existing offsite drying beds as a potential treatment site. Onsite configurations will include only conventional continuous flow suspended growth activated sludge systems that consist of re -using some of the existing abandoned chlorine contact basins facilities or building a new "green filed" facility within the the footprint of the existing chlorine contact basin. Conceptual flow schematics of the process scheme alternatives, preliminary unit operation sizing, and conceptual site layouts will be prepared for each process scheme. Planning level cost estimation will be prepared for each candidate process scheme alternative. Assumptions 1. A maximum of 3 non proprietary process schemes and layouts will be prepared City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 7 of 16 ATTACHMENT DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 2. Proprietary systems are not going to be evaluated as part of basic services but can be evaluated as a special service at the request of FWWD. 3. Options to separate filtrate and washwater at the offsite dewatering location will not be evaluated. Deliverables 1. Conceptual process schemes and layouts 2. Summary of process schemes planning level costs Task 600.2 — Biowin® process modeling Description High level process modeling will be performed for each process scheme to determine the side stream treatment capacity that can be realized using the existing chorine contact basin. Assumptions 1. A maximum of 2 alternatives will be evaluated using conceptual level information. 2. Steady state modeling will be performed to determine each alternative's nitrification capacity 3. Size of facilities of existing infrastructure to be repurposed for the sidestream treatment system is made available. 4. Results from the feed characterization performed in the previous task will have to be before modeling is initiated. Deliverables City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 8 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 1. Brief summary of model outcomes and conclusions to be presented at the Alternatives Workshop (Task 600.4) Task 600.3 — Alternatives Ranking Criteria Development Description As part of this task, ENGINEER will prepare draft criteria and weight factors for use in ranking and selecting the most viable alternative from candidate alternatives developed in Task 600.1. The draft criteria and weights will be discussed with FWWD at the Alternatives Workshop (Task 600.4) Assumptions 1. None. Deliverables 1. Draft ranking matrix showing selection criteria and weight factors. Task 600.4 — Alternatives Ranking Results Workshop Description As part of this task, ENGINEER will conduct a 2 -hour meeting with VCWRF staff and other key FWWD stakeholders to present and discuss ranking results and draft recommendation of the selected alternative to be designed in the subsequent phases of the project. Assumptions 1. 2 -hour meeting at VCWRF 2. Key FWWD stakeholders will be present to agree on recommended alternative to carry forward. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 9 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT N0.:01814 Deliverables 1. Agenda 2. Presentation materials including alternatives ranking results 3. Electronic draft and final meeting minutes Task 700 — Sidestream treatment effluent storage and metering evaluation Description The nitrate rich sidestream effluent can be stored for use onsite and offsite as an odor control chemical. As part of this task, the ENGINEER will evaluate several alternatives to store and meter sidestream effluent. The basis from the previous tasks results will be used to size the storage and metering facilities. Considerations will include in ground concrete basin, above ground tank farm, truck loading station for offsite chemical addition needs, onsite metering locations and piping alignments. Conceptual layouts will be developed for each storage and metering alternative evaluated. A cost benefit analysis will be developed for the candidate alternatives. The facilities in this task will be common to the alternatives developed in the previous task and as such not evaluated as part of the previous task. Assumptions 1. Workshop with key FWWD stakeholders (see task 1200) 2. A maximum of 3 storage options will be evaluated 3. A maximum of 6 onsite dosing locations will be evaluated 4. Offsite dosing locations and systems are not evaluated as part of this task. Deliverables 1. Same as Task 1200 City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 10 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM- DESIGN PHASE I CITY PROJECT NO.:01814 2. Summary of storage options Task 800 — Aeration system evaluation and selection Description Achieving effective sidestream treatment cost effectively is another key objective of this project. Use of the existing chlorine contact basin as an aeration basin presents challenges due to shallower depth which impacts oxygen transfer and efficiency of the aeration system. Selecting the most efficient blower system for the recommended alternative will be central to meeting this objective. As part of this Task, the ENGINEER will evaluate the candidate aeration systems (blower types and diffuser types) to identify the most cost effective option from a life cycle cost perspective.. The ENGINEER will present findings and recommendations of this Task in a Peripheral Support Systems Workshop (Task 1200). Assumptions 1. Findings to be presented at Workshop with key FWWD stakeholders (see Task 1200) 2. A maximum of 4 aeration technology options will be evaluated Deliverables 1. Same as Task 1200 Task 900 — Alkalinity system evaluation Description ENGINEER will evaluate and select the optimum alternative to provide alkalinity to the proposed sidestream treatment system. The main sub tasks proposed for this task are summarized below: City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 11 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 • Evaluate a minimum of four alternatives to provide alkalinity to the sidestream. Alternatives will include quick lime, hydrated lime, caustic effluent from the Odor B scrubbers, and caustic. • Evaluate optimum location for alkalinity addition. • Develop costs for various alkalinity addition alternatives. • Develop non -cost matrix to compare various alkalinity addition alternatives. • Develop a technical memorandum to summarize the alternative analysis and provide recommendations. Assumptions 1. Results will be presented as part of a workshop with key FWWD stakeholders (see Task 1200) Deliverables 1. Same as Task 1200 Task 1000 — Prepare conceptual site layouts for recommended alternative Description In this Task the ENGINEER will leverage information from previous tasks to prepare a conceptual site layout for the recommended alternative. Assumptions 1. Conceptual site layout will be a 10% design level plan showing footprint size and locations of facilities in relation to existing plant facilities. Deliverables 1. Conceptual site layout City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 12 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 2. Workshop material (see Task 1200) Task 1100 — Define basis of design Description The ENGINEER will prepare a basis of design memorandum that summarizes the key design parameters to frame the subsequent design scope. The memorandum will contain influent basis, effluent goals, facility sizing criteria, preliminary size of facilities, etc., prepared in tabular form. Assumptions 1. This basis of design will be used as the basis for the subsequent design phase. Deliverables 1. Draft and final basis of design tables. 2. Workshop (see Task 1200) material Task 1200 — Final Concept Workshop Description ENGINEER will facilitate a full day workshop with VCWRF and key FWWD stakeholders to present and agree on information generated for the sidestream system developed as part of Tasks 800 -1100. Assumptions 1. Full day meeting with key FWWD stakeholders Deliverables 1. Agenda City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 13 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 2. Presentation material 3. Electronic draft and final meeting minutes Task 1300 — Prepare draft process evaluation and concept development memorandum Description ENGINEER will summarize the information from the previous tasks in to a draft concept memorandum that will document the concept finalization to be developed in more detail as part of Phase II. Assumptions 1. Consensus on decisions made on previous tasks will form the basis of the draft memorandum Deliverables 1. 3 hard copies and 1 e -copy of the draft memorandum will be submitted to FWWD to review and comment Task 1400 — Conduct draft process evaluation and concept development memorandum comments debrief/ review meeting Description ENGINEER will facilitate a 2 -hour comment meeting with FWWD to collect final comments on the draft memorandum. Assumptions 1. 2 -hour meeting at VCWRF City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 14 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 Deliverables 1. Comment documentation form 2. Agenda 3. Electronic draft and final meeting minutes Task 1500 — Prepare and submit final process evaluation and concept development memorandum to FWWD Description ENGINEER will address FWWD comments from the previous task and prepare a final memorandum that will document the concept finalization to be developed further in follow on design phase. Assumptions 1. FWWD shall provide formal written comments 2. ENGINEER will provide formal responses to comments Deliverables 1. 3 hard copies and 1 e -copy of the final memorandum 2. Comment resolution form SPECIAL SERVICES No special services identified for Phase I. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 15 of 16 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE I CITY PROJECT NO.:01814 Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right -of- entries. • Services related to development of the CITY's project financing and /or budget. • Services related to disputes over pre - qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right -of -way, and /or temporary right -of- entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 16 of 16 ATTACHMENT B COMPENSATION Design Services for Village creek WRF SIDE Stream — design Phase I City Project No. 01814 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 293.400 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 Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 B -1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Total Fee M/WBE Fee M/WB�016 M Inc. Project Management, Civil, Mechanical, Electrical, Instrumentation, HVAC,etc. Proposed M/WBE Sub - Consultants $214,229 73.02% Jaster Quintanilla Geotechnical/ Survey/ Structural $18,363 6.26 Chiang Patel & Yerby, Inc. Process Assistance $15,000 5.11 Non -M/WBE Consultants CDM Smith, Inc Process Mechanical $45,802 15.61 TOTAL $- 293,394 100% Project Number & Name Total Fee M/WBE Fee M/WB�016 $ 293,394 $ 33,363 11.00 City M/WBE Goal = 11% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 Consultant Committed Goal =11 % B-2 EXHIBIT "B -1" ENGINEER INVOICE (Supplement to Attachment B) Not Used City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 3 B -3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek WRF Side Stream — Design Phase I City Project No. 01814 No changes to the standard agreement City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of 1 N s' a o u � a° r z E E �... H. N N _ — _ 6f Q. z a N' <. _ ❑ N a` r E Y m r' E E L a C m � p a rc rn c Z c 'rn — E m a E v E w N N 2 y z° x a` m aN m, �m No Attachment E Village creek WRF SIDE Stream — Design Phase I CITY PROJECT NO.: 01814 Prniart I nratinn City of Fort Worth, Texas Mayor and Council Communication CO - . ACTION Approved on 217!2042 DATE: Tuesday, February 07, 2012 REFERENCE NO.: * *C -25428 LOG NAME: 60VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE 1 SUBJECT: Authorize Engineering Agreement with Malcolm Pirnie, Inc., in the Amount of $293,400.00 for Process Evaluation and Conceptual Design of Side Stream Treatment at the Village Creek Water Reclamation Facility (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Agreement with Malcolm Pirnie, Inc., in the amount of $293,400.00, for Process Evaluation and Conceptual Design of Side Stream Treatment at the Village Creek Water Reclamation Facility. DISCUSSION: The City of Fort Worth owns and operates the Village Creek Water Reclamation Facility (VCWRF). The VCWRF is currently permitted for an annual average flow rate of 166 million gallons per day (MGD). The bio- solids processing and dewatering facility generates about one to two MGD of return flow, which is returned to the normal treatment process and contains a significant ammonia concentration. Treatment of high concentrations of ammonia would normally require expansion of the secondary treatment process with additional aeration basins and final clarifiers. The Wastewater Master Plan and a separate report from Village Creek Wastewater Treatment Plant for Side Stream Treatment Evaluation recommends the construction of a side stream treatment unit as an alternative to treatment of dewatering return flows. This project design engineering services contract will be executed in the three separate phases named as follows: Phase 1 - Process Evaluation and Conceptual Design, Phase 2 - Design (30 percent, 60 percent, 90 percent, 100 percent and Bid) and Phase 3 - Engineering Services during Construction and Start Up. Malcolm Pirnie, Inc., has been selected as consulting firm to evaluate and recommend the side stream treatment process to be used and develop a conceptual site plan and scope of work for the final design project. They are proposing to perform the necessary Phase 1 - Process Evaluation and Conceptual Design work for a fee not to exceed $293,400.00. The City Staff considers this fee to be fair and reasonable for the scope of services proposed. Malcolm Pirnie, Inc., is in compliance with the City's M/WBE Ordinance by committing to an 11 percent M/WBE participation. The City's goal on this project is 11 percent. In addition to the contract amount, $15,000.00 is required for project management and associated staff time for the Water Department. This project serves the entire City and is located in COUNCIL DISTRICT 5, MAPSCO 68N. Logname: 60VILLAGE CREEK WRF SIDE STREAM - DESIGN PHASE 1 Page 1 of 2