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Home My WebLink AboutContract 54683 CSC No.54683 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Hazen and Sawyer, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation Facility Digester Mixing, Flare, and Dome Improvements Project. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $920,150.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 CITY SECRETARY Page 1 of 17 FT. WORTH, TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11,17.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 200 Texas, 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 AV or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Dana BurAhdaff Hazen and Sawyer, Inc. Dana Burghdoff(Oct13,202017:58CDT) Dana Burghdoff C " Assistant City Manager Dr. Chamindra Dassa yake, PE Date: Oct 13,2020 Vice President Date: 10/8/2020 APPROVAL RECOMMENDED: Christopher Harder(Oct 13,202007:25CDT) By: Chis Harder, P. E., Director Water Department APPROVED AS TO FORM AND LEGALITY Contract Compliance Manager: DBlack(Oct 17:52 CDC By: By signing, I acknowledge that I am the Doug Black person responsible for the monitoring and Senior Assistant City Attorney administration of this contract, including ensuring all performance and reporting requirements. Suzanne Abbe, P.E. p4aann� Project Manager �� FORrad� a oo v�o o. d C -o.o �10 ATTEST: �o I Form 1295 No. 2020-66355 o� a �0��0`1GI C70`1G' 1 rExASaab ��naana� 'for Ronald P.Gonzales(Oct14,202009:34CDT) M&C No.: 20-0701 Mary J. Kayser City Secretary M&C Date: September 22, 2020 OFFICIAL RECORD CITY SECRETARY City of Fort worth,Texas FT. WORTH, TX Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 17 of 17 ATTACHMENT A DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102652 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY DIGESTER MIXING, FLARE, DOME IMPROVEMENTS CITY PROJECT NO.: 102652 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 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Allowance Services 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, ensure economical and functional designs, and initiate selection of option selection criteria that meet CITY requirements City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 15 ATTACHMENT A DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 • Conduct review meetings with the CITY at the end of Conceptual (30%) design, Preliminary (60%) design and Final (90%) design milestone. • 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 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 • 18 months to complete Conceptual Design, Preliminary and Final Design tasks. • 18 MWBE reports will be prepared • 3 design submittal review meetings with city staff • 18 monthly water department progress reports will be prepared • 18 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 15 ATTACHMENT A DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 TASK 2. CONCEPTUAL DESIGN (30 PERCENT). 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. • The CITY shall provide the ENGINEER minimum three years of Village Creek WRF operations data. • ENGINEER shall provide a comprehensive data request at the beginning of the project that includes a listing of the anticipated data required for completion of the project. ENGINEER shall be allowed to request additional data as the need for the data arises. 2.2 Anaerobic Digester Mixing Technology Evaluation for Digesters No. 1-8 • For Digesters No. 1-8, ENGINEER will evaluate three digester mixing technologies: pumped mixing, linear motion mixing, and large bubble mixing. • Detailed evaluation will include development of potential layout of mixing technology, capital cost including structural, electrical and I&C modifications, operations & maintenance costs, digester cleaning costs (if required) and qualitative evaluation of the technology based in anticipated performance, maintenance and other criteria. 2.3 Digester Gas Flare Capacity Expansion • ENGINEER will review the 2019 Village Creek WRF Biosolids Implementation and Long-Term Master Plan for projected solids loading and digester performance to be used as a basis for digester gas production and flare sizing. Development of a new solids mass balance for the VCWRF is not included within this work. • ENGINEER will develop digester gas estimates at current and maximum permitted conditions using the 2019 Master Plan as a basis for primary and waste activated sludge production. ENGINEER will adjust digester loadings based on the CITY's plans for continued co-digestion and accounting for periods City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 15 ATTACHMENTA DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 when High Rate Clarifier(HRC) solids are being sent to the digesters. The digester gas projection will be the basis for determining flare capacity. • ENGINEER will size an enclosed flare and candlestick flare system and piping for the estimated digester gas production with appropriate safety factors. • ENGINEER will evaluate up to four options that consist of location and flare configuration (enclosed or candlestick). The options will be agreed upon by the CITY and the ENGINEER. • Evaluation will include development of preliminary layout of flare system including condensate removal system, capital cost, operations & maintenance costs, and qualitative criteria such as safety, maintenance and other criteria. 2.4 Digester Dome Improvements • ENGINEER will evaluate replacement of the insulation and repair/replace seals and brackets, where required, on all 14 digester domes. Options, such as walkways and stepping stones, will be evaluated to protect and extend the life of the new insulation. • CITY will provide ENGINEER any shop drawings, operations and maintenance manuals, maintenance history of digester domes and year installed for each cover. • ENGINEER will perform a visual condition assessment on both the domes and dome seals and will contract with a third-party inspection company to perform non-destructive thickness measurements on all 14 domes. The domes are 30 to 40 years old and may be at the end of their useful life. For the non-destructive testing, the CITY shall remove sections/strips of insulation to provide a clean surface at multiple areas on each dome as agreed upon with ENGINEER. This will allow performing steel thickness testing using an ultrasonic steel thickness gauge. ENGINEER will provide their own harness and other personal protection equipment. A total of 7 site visits are assumed for this task; testing 2 domes per day. • ENGINEER will perform visual inspection of the interior concrete surfaces and underside of domes of up to two digesters that are out of service for cleaning. Digesters shall be ventilated and access provided without the need for SCBA equipment. • ENGINEER will design the replacement the digester gas draw-off pipelines for Digesters 11 through 14 with stainless steel piping. • ENGINEER will develop recommendation for repair(s), if any, based on the condition assessment along with estimated cost for anticipated repairs. 2.5 Safety Improvements • ENGINEER will perform a visual inspection around the top of the digesters, around the access platforms, and at ground level for compliance to current safety codes of National Fire Protection Association (NFPA) 101 (Life Safety Code), NFPA 820 City of Fort Worth,Texas Attachment A PIVO Release Date:08.1.2014 Page 4 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 (Standard for Fire Protection in Wastewater Treatment and Collection Facilities) and OSHA 1910 Subpart D. • ENGINEER will visually inspect the brick facade around each anaerobic digester for stability and design any repairs to the brick facade. 2.7 Evaluations for Future Projects • Digester No. 2 Heating System Evaluation - ENGINEER will evaluate the heating system performance of Anaerobic Digester No. 2. ENGINEER will perform field measurements of temperature and flows of sludge and hot water into and out of the sludge heat exchanger and compare with heat exchanger model results to identify any deficiencies of the heating system. ENGINEER will review heating system control functionals and setpoints. ENGINEER will propose repairs and modifications for restore heating system operation and provide capital cost estimate for improvements. o CITY to provide submittal and O&M information on sludge recirculation pump, hot water pump and heat exchanger. • Hydrogen Sulfide Removal Evaluation: ENGINEER will evaluate options for installing a hydrogen sulfide removal system to reduce hydrogen sulfide concentrations in the digester gas. ENGINEER will evaluate biological, proprietary resin and iron sponge systems. ENGINEER will evaluate configuration, number of duty and standby units, and piping configuration. ENGINEER will provide a capital cost and determine simple payback period for obtaining higher price for treated digester gas taking into account operations and maintenance cost, such as media replacements for addition of the hydrogen sulfide removal system. o CITY to provide any available digester gas sampling data specifically historical hydrogen sulfide concentrations and cost structure for selling digester gas to Arlington Landfill. • Digester Gas Dryers Evaluation: ENGINEER will perform a visual field assessment of the existing digester gas dryers and review maintenance history of the systems. ENGINEER will review current gas drying system technologies and perform cost benefit analysis of refurbishment or replacement of existing gas drying systems. o CITY to provide shop drawings and O&M information for existing gas dryer system. 2.8 Technical Memoranda and Workshops • For each item listed in Section 2.2 through 2.7, ENGINEER will develop a draft Technical Memorandum to be submitted to the CITY. Each technical memorandum will provide background on proposed improvement or issue, document the evaluation process, present options with cost information (AACE Class 4 Opinion of Probable Construction Cost; operations and maintenance cost; payback analysis, where applicable) and provide preliminary scoring criteria and weighting for ranking options. • After submission of draft Technical Memoranda, ENGINEER will conduct one half- day workshop with the CITY. During workshop, ENGINEER will present an overview of each technical memorandum. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 o For the Anaerobic Digester Mixing Technology Evaluation and Digester Gas Flare Capacity Expansion, decision criteria and weighting of the criteria will also be discussed and selected during the workshop. • ENGINEER will conduct a second workshop after incorporating comments on the options presented in previous workshop. During workshop ENGINEER will use a decision-making tool to numerically rate and rank the options for the Anaerobic Digester Mixing Technology Evaluation and Digester Gas Flare Capacity Expansion. 2.9 Conceptual Design Package • ENGINEER will develop the Conceptual Design Package that will consist of the following: o Executive Summary that will include 30% opinion of probable construction cost for selected options for detailed design. o Technical Memoranda, final versions with results from workshops incorporated. o Project decision log. 0 30% Design drawings of selected options for detail design. • ENGINEER will submit draft Conceptual Design Package and hold a review meeting under Section 1.2. ENGINEER will finalize Conceptual Design Package and submit to the CITY. ASSUMPTIONS • 6 paper copies and one PDF copy of draft and second draft of technical memoranda. • 6 copies of the draft and final conceptual design packages (30% design) will be delivered. Report shall be letter sized and bound with 11x17 drawings fold outs bound in the report. • Evaluation of code compliance of the Digester Pipe and Pump Gallery is not included within scope of work. • ENGINEER shall prepare the meeting minutes for each workshop and meeting. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. • CITY to provide digester gas sampling results with current hydrogen sulfide concentrations. • Scope include designs of miscellaneous digester dome repairs. Design for replacement of digester domes with new dome is not included in the scope of work. • Scope includes modifications to the existing motor control centers for feed to new variable speed drives and/or starters. The scope does not include replacing existing electrical equipment, improving electrical system redundancy or adding City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 any new major electrical distribution equipment. The existing electrical distribution (transformers, switchgear, motor control centers) have the required capacity. However, the large horsepower mixing alternatives will require disconnecting the existing gas compressor mixing systems from service. • The existing electrical room is large enough to accommodate the new panels for the pump mixing system. It is not anticipated to provide a new electrical room. • Lighting improvements are not included. • Instrumentation associated with Digesters are anticipated to remain. • The existing RTU has the required capacity to connect/reconnect the required 1/0 with the removal of 1/0 for the existing gas recirculation mixing system. The scope does not include new RTU/PLCs. DELIVERABLES A. Draft submissions of the following technical memoranda: 1) Anaerobic Digester Mixing Technology Evaluation for Digesters No. 1-8 2) Digester Gas Flare Capacity Expansion 3) Digester Dome Improvements 4) Safety Improvements 5) Digester No. 2 Heating System Evaluation 6) Hydrogen Sulfide Removal Evaluation 7) Digester Gas Dryer Evaluation B. Draft and Final Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings, Specifications and Opinion of Probable Construction Cost for the following: • New digester mixing system for Digesters 1 through 8 • New digester gas flare system • Replacement of cover insulation and misc. cover rehab • Safety improvements City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 15 ATTACHMENT A DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 3.2. Development of Preliminary Design Drawings and Specifications shall include the following: • General Sheets consisting of coversheet, notes, design criteria sheets, and process flow diagram • Civil Sheets consisting of site demolition plan, proposed plan. • Mechanical Sheets consisting of yard piping, plan and section of digester mixing system for Digesters 1 through 8, new flare system and cover insulation replacement. • Structural Sheets for all structural portions of the design including safety improvements, repair of brick faQade, digester mixer and flare. • Electrical Sheets for all electrical portions of the design including electrical site plan, single-line diagram(s), power plans and elementary diagrams for the digester mixers, flare and safety improvements. • Instrumentation Sheets for all instrumentation portions of the design include piping and instrumentation diagrams (P&IDs) for digester mixers and flare improvements. • Specifications in CSI Division 50 format. ASSUMPTIONS • 6 sets of 11x17 size plans will be delivered for the Preliminary Design (60% design). • 6 sets of specifications will be delivered for the Preliminary Design (60% design). • PDF electronic copies of drawings and specifications that a searchable and bookmarked. • The CITY's front end (Division 0) will be used. All other Divisions will be provided by the ENGINEER. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Estimate of probable construction cost TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). 4.1. Final Design Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 15 ATTACHMENT A DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • 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 the State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. 4.2. TCEQ and Local Permitting Coordination • ENGINEER will submit sign and sealed plans and specifications to TCEQ. ENGINEER will also address TCEQ comments from the plan review process and incorporate them into the contract documents. ENGINEER will coordinate design with City of Fort Worth for compliance with City's land disturbance permits, if applicable. • Two (2) one-hour meetings with City Staff to discuss permitting requirements. • Two (2) one-hour conference calls with TCEQ for design review coordination. ASSUMPTIONS • 6 sets of 11 x17 size drawings and 0 sets of 22x34 size drawings and 6 specifications will be delivered for the 90% Design package. • 6 sets of 11x17 size drawings, 1 set of 22x24 size drawings and 6 specifications will be delivered for the 100% Design package. • PDF electronic copies of drawings and specifications that a searchable and bookmarked • The CITY staff will provide information regarding City of Fort Worth permitting as needed. • The Contractor will pay for any applicable permits. • The Contractor shall be responsible for any City permit applications. DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs. D. Original cover mylar for the signatures of authorized CITY officials. E. Submittal letter and design submittal package for TCEQ. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM360 for access to potential bidders. • Contract documents shall be uploaded in PDF format. • ENGINEER will update the CITY's standard bidding documents specifically for the project and upload documents in required format. • Plan Sets are to be uploaded to BIM360 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 BIM360 from documents sold and from Contractor's uploaded Plan Holder Registrations in BIM360. • 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 BIM360 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 BIM360 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. • Provide informational briefings to the City Council and others, limit to four separate briefings less than 3 hours per briefing. • 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 Results folder on BIM360. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 15 ATTACHMENT A DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 Final Design Drawings shall 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 Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and 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. 2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 1 set(s) of construction documents will be sold to and made available on BIM360 for plan holders and/or given to plan viewing rooms. • 6 sets of 11 x1 7 size and 2 sets of 22x34 size drawings plans and 6 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to BIM360. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) TASK 6. ALLOWANCE SERVICES The following are allowance services where the level of effort and cost depends on the options selected during Task 2 - Conceptual Design. Based on the selected options for detailed design, the ENGINEER will submit scope and fee for each of the items and obtain written approval from the CITY prior to performing these services. 6.1. Design Survey • ENGINEER shall contract with a registered professional land surveyor to provide topographic survey of the digester facility and the selected flare location. The horizontal control shall be based on the Texas State Plane Coordinate System, North Central Zone North American Datum NAD-83 Coordinates and the vertical control being based on North American Vertical Datum NAVD-88. Provide survey notes on design drawings and electronic files with clear location and description of benchmarks and horizontal control points. Benchmarks shall be documented and retraceable. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 6.2. Utility Designation Services (Quality Level B) Electromagnetic Investigation • ENGINEER will contract with an SUE subconsultant that will perform electromagnetic utility investigation (utility designation) for the horizontal location of various utilities within the limits of the selected flare location and pump pad locations, if pumped mixing system is selected. • Includes utility research, electromagnetic investigation, CAD and survey of data. 6.3. Utility Designation Services (Quality Level A) Vacuum Excavation Test Hole • ENGINEER will contract with an SUE subconsultant that will perform up to five (5) days of Quality Level A (Test Hole) vacuum excavations at locations to be determined by ENGINEER and the CITY. • SUE firm will perform the necessary electromagnetic investigation (utility designation) to set up the holes. SUE firm will excavate test holes as requested using minimally intrusive excavation methods and determine depth of the existing utilities. • SUE firm will prepare a simple drawing showing the location of each test hole and include a call box identifying requested information for each utility that was located. A professional engineer (P.E.) sealed test hole data sheet will be provided. • Scope includes On Call Ticket, test holes, mobilization and demobilization, CAD, survey data collection and professional engineer time. 6.4 Geotechnical Investigation • ENGINEER will subcontract with a geotechnical company to perform geotechnical site investigation of up to two borings drilled until 15 feet of unweathered rock is penetrated for the proposed flare location and up to four shallow borings (20-foot depth) for exterior equipment pads. • Subsurface soil samples will be secured with thin walled tube and/or split spoon samples depending on soil type and consistency. Rock encountered in the borings will be evaluated using the Texas Department of Transportation Penetrometer (TxDOT Cone). All samples will be properly logged, packaged, sealed, and placed in a core box for transportation to the laboratory. • Laboratory tests will be conducted to classify the soil and to evaluate the volume change potential and strength of the soil present at the site. Soil classification tests will consist of Atterberg limits (plasticity index), moisture content, minus #200 sieve and dry unit weight. The volume change potential of the soils will be evaluated by swell tests. The strength of the soil will be estimated using hand penetrometer tests and unconfined compression strength tests. • Results of field and laboratory work will be presented in an engineering report that is signed and sealed by a Registered Professional Engineer of Texas. The report will include recommendations to guide design and construction of the foundations. The report will include the following: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 o Site reconnaissance, boring staking and utility clearance coordination. o Plan of borings, boring logs, water level observations, and laboratory test results. o Foundation recommendations for the proposed new flare system. o Recommendations for the mixing pump concrete pads, if pump mixing system is selected. o Comments on the presence and effect of expansive soils on slab-on-grade construction will be provided. Alternative methods of reducing any anticipated shrink/swell movements associated with expansive clays will be included for slab-on-grade construction, if required. o Recommendation for site class for seismic design. o Laterally loaded pier recommendations including L-Pile soil parameters. o Recommendations for site grading and compaction of earthwork will be presented. 6.5 Interior Digester Inspection • ENGINEER will perform visual inspection of the interior concrete surfaces and underside of domes of up to two digesters that are out of service for cleaning. Inspection shall be dependent on ventilation and access being provided by the third-party digester cleaning contractor. ASSUMPTIONS • SUE firm will backfill all excavations. • Water and air will be allowed for use when searching for utilities. • CITY will provide site plans, utility record drawings and on-site contact person information. • All locations will be accessible for our vacuum excavation unit. • Access inside all buildings within area of utility locating. • CITY to approve boring locations and assist with identifying underground utilities within area of borings. • Inspection of digesters will not require the use of SCBA equipment. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 13 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 C. A professional engineer sealed test hole data sheet for each hydraulic excavation D. Geotechnical Investigation Report. E. Boring logs. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES 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: • Development of mass balance for solids treatment train. • Design and specification of new digester domes. • Design of hydrogen sulfide removal system and replacement/rehab of digester gas dryer system. • Evaluation of code compliance of the Digester Pipe and Pump Gallery. • 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 • 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 to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Software licenses or hardware. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 15 ATTACHMENT DESIGN SERVICES FOR VCWRF DIGESTER MIXING,FLARE,DOME IMPROVEMENTS CITY PROJECT NO.:102562 • Fire suppression. • HVAC Engineering • Reverse engineering existing PLC programs. Written control narratives for existing PI-Cs are required to review process control. • SKM analysis during design phase • Cybersecurity improvements • IP address scheme or readdressing • Enterprise integration improvements • Security or access control system design • Existing RTU/PLC Replacement—the existing RTUs/PLCs will remain and all new 1/0 points near existing PLC are assumed to be reconnected to an existing PLC. • Improvements to the electrical system redundancy, unless otherwise noted. The current electrical system distribution will not be evaluated. • Improvements to the fiber/network redundancy, unless otherwise noted. The current fiber/network architecture will not be evaluated. • Unless otherwise specified in the scope item, the design does not include replacing the existing electrical equipment, but only modifications existing motor control centers or installing new motor control center(s) solely for new equipment being provided under this scope of work. Scope does not include replacing existing SCADA equipment, but only modifications to existing SCADA equipment solely for new equipment being provided under this scope of work. It is assumed the existing electrical and SCADA infrastructure is adequate to connect or reconnect the specific equipment. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 15 of 15 ATTACHMENT B COMPENSATION Design Services for Village Creek Water Reclamation Facility Digester Mixing, Flare, Dome Improvements City Project No. 102652 Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.2. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll- related taxes, payments, premiums, and benefits. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of five percent (5%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Hazen and Sawyer Project Management, $498,188 54% Mechanical/Process Design Proposed MBE/SBE Sub-Consultants Vic Weir Consulting Mechanical Evaluation $42,700 5% Gupta and Associates Electrical and Instrumentation $144,892 16% Design JQ Infrastructure Structural Engineering $112,530 1 12% Services JQ Infrastructure Digester Inspection (optional) $2,200 0% Non-MBE/SBE Consultants CP&Y Process/Mechanical, Cost $108,140 11.8% Estimating, Subsurface Utility Locating and Survey Alliance Geotechnical Geotechnical Investigation $11,500 1.2% Group TOTAL JKQ 150 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE 102652- Village Creek Water $920,150 $302,322 33% Reclamation Facility Digester Mixing, Flare, Dome Improvements City MBE/SBE Goal = 10% Consultant Committed Goal = 32% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 , e * * �E , 2 -mm-0m« o g n � \ \ / /ii,3 2 / \° k \\\�� ( 2 * ƒ 0 $ mmm�� 7 z ofU) \{{ {§ 2 § it: & ° \\ 7 .. \§ « / � < § J §' ~ m2 m - / o � B \ A / e / 0 / ° \ ° / / [ \ � \ 3 E 3 ((2) �� r> 9 } CL (\ : _ ® \ > m > \ \ \ � f = a2 / 2qCT 0 / \ \ 7 E 22 _ , \ 3 0 A CD / - - ; > » { - ) § 22 ) j . ( ( \ q _ /§ \ ID } } w & ! @ cn 33 ( 0[ 3 f 2 c | ] , _ [ m .. � k Q e2 / / \\ � � CL CD % m [ } }�/{(k}()) .. . .. . IJ -- - : ,., ; ;., H .: , ; ( | \ j))\r) ) )}{):(K 6222 , \ o ow ):rl \\(\\{ ]j\4;;|)§;; ,;\{{;;,\,:§ E ƒzi- 0 §§§§)91 91 §§§§§, BUDGET OPINION OF PROBABLE CONSTRUCTION COST VILLAGE CREEK WATER RECLAMATION FACILITY DIGESTER MIXING, FLARE, DOME IMPROVEMENTS City Project No. 102652 Description Unit Price Unit Unit Cost Cost Digester Mixing 8 EA $ 326,797 $ 2,614,379 Flare System 2 EA $ 1,100,000 $ 2,200,000 Digester Insulation 89,064 SF $ 15 $ 1,335,962 Digester Foam Removal 89,064 SF $ 5 $ 445,321 Dome Repairs 1 LS $ 100,000 $ 100,000 Digester Cleaning 1 LS $ 1,500,000 $ 1,500,000 Brick Repair 1 LS $ 50,000 $ 50,000 Safety Improvements (Handrail Around Digesters) 1,979 LF $ 100 $ 197,920 Subtotal $ 8,450,000 Contingency 30% $ 2,535,000 Contractor OHP 18% $ 1,521,000 Bonds Insurance 5% $ 423,000 Opinion of Probable Construction Cost(AACE Class 5) $ 12,929,000 Low Range -30% $ 9,050,000 High Range 50% $ 19,390,000 The Opinion of Probable Construction Cost is an order of magnitude cost based on cost and budget estimates from similar projects. ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek Water Reclamation Facility Digester Mixing, Flare, Dome Improvements City Project No. 102652 No changes nor amendments to the Standard Agreement. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of I 0 sw NsW m s � , - 0 ) ) Q J J Q o mo aaaaa aaaaaaaaaaaaaaaa aaaaa aaaaaaaaaaaaaaaaa � oN �T 00 ^ N 3 In O n O 2 O N 0 0 0 j O — d n. m �n =o _o y n — ° - n _m n `° = o w' 3 ° 3 n m _ _ ` ' = g m 9 g m p 3 a " o max off' e. 3� nNaa � °' 3 3q3 y= E F F O. — m — x Si o A m '� w — f 3 3 3 'a O 0 F £ F F { a F £ F £ F { £ F F F £ £ £ a 7 _' 3 3 ? 3 3 3 3 3 3 3 3 3 N N N N N � a 3 X d' 3 — `. � � � � � � `F �. e e 2' X � � 0`2 � e �. 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Authorize execution of an Engineering Agreement with Hazen and Sawyer, Inc. in the amount of $920,150.00 for the evaluation and design of improvements to the digesters at the Village Creek Water Reclamation Facility; 2. Adopt the attached Resolution expressing official intent to reimburse expenditures with proceeds of future debt for Village Creek Water Reclamation Facility Mixing, Flare, and Dome Improvements Project; and 3. Adopt the attached Appropriation Ordinance adjusting receipts and appropriations in the Water and Sewer Commercial Paper Fund by decreasing appropriations in the Unspecified project (City Project No. UNSPEC) in the amount of$1,020,150.00 and increasing appropriations in the Village Creek Water Reclamation Facility Digester Improvements project by the same amount (City Project No. 102652). DISCUSSION: Biosolids produced at Village Creek Water Reclamation Facility (VCWRF) are thickened and anaerobically digested prior to being pumped to the City's Biosolids Management and Beneficial Reuse Facility. Anaerobic digestion is used by VCWRF to meet regulatory requirements for sludge stabilization. This project will address evaluations and necessary improvements identified by plant staff and recommended in previous studies. Hazen and Sawyer, Inc. will provide the following services on the project: Evaluation of mixing technologies for eight digesters that will minimize solids settling and improve digester gas product; options for expanding digester gas flare capacity; condition assessment of the digester domes, seals, and brick facades; compliance with occupational and electric safety codes and design for identified improvements. Evaluation of the cause of Digester 2 heat loss; possible reduction of hydrogen sulfide concentrations in digester gas and replacement of the existing digester gas dryers for future projects. Design for the replacement of deteriorated foam insulation and corroded gas draw off piping on all of the digesters; installation of digester mixing systems and modifications/repairs to digester dome covers, expansion of digester gas flare system, and digester area safety improvements. In addition to the contract amount, $100,000.00 is required for project management. This project is anticipated to be included in a future revenue bond issue for the Water& Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water & Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately 2.3 percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached reimbursement resolution. The City Council approved the Water Department's Fiscal Year 2020-2024 Five-Year Capital Improvement Plan on September 17, 2019. This City Council approved plan includes this specific project, with funding identified through the CP Program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, staff anticipates presenting revenue- supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. Appropriations for Digester Mixing, Flare, and Dome Improvements project, are as depicted below: Fund Existing Additional Project Total* Appropriations Appropriations W&S Commercial Paper - Fund $0.00 $1,020,150.00 $1,020,150.00 56019 Project Total $0.00 $1,020,150.00 $1,020,150.00 *Numbers rounded for presentation. M/WBE OFFICE: Hazen and Sawyer, Inc. is in compliance with the City's BDE Ordinance by committing to 32 percent SBE participation on this project. The City's SBE goal on this project is 10 percent. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the Digester Improvements project to support the approval of the above recommendation and execution of the engineering agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # Tmoun ID ID �_ Year (Chartfield 2) FROM __ ____ Fund Department Account Project ProgramActivity Budget Reference #� moun ID ID �_ Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Suzanne Abbe (8209) ATTACHMENTS 1. 60VCWR DIGESTER MIXING-FLARE-DOME IMPROVEMENTS-DESIGN Reimb Resolution.docx (Public) 2. 60VCWR DIGESTER MIXING-FLARE-DOME IMPROVEMENTS-DESIGN-HAZENS Comp Memo.pdf (CFW Internal) 3. 60VCWR DIGESTER MIXING-FLARE-DOME IMPROVEMENTS-DESIGN-HAZENS Map (Suzy).pdf (Public) 4. 60VCWR DIGESTER MIXING-FLARE-DOME IMPROVEMENTS-DESIGN-HAZENS SAM.pdf (CFW Internal) 5. 60VCWR DIGESTER MIXING-FLARE-DOME IMPROVEMENTS-HAZENS FID Table (NN 08.31.20).xlsx (CFW Internal) 6. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVEMENTS — HAZENS form 1295.pdf (CFW Internal) 7. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVEMENTS — HAZENS funds avail.docx (CFW Internal) 8. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVEMENTS — HAZENS 56019 A020 R3 .docx (Public) I s MCI-it Mc Mr- _ _1Y _ -r Sign In Home Legislation Calendar City Council Departments lU 12 U Share r-J RSS Alerts Details Reports File #: M&C 20-0701 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created: 9/17/2020 In control: CITY COUNCIL On agenda: 9/22/2020 Final action: 9/22/2020 (CD 5) Authorize Execution of an Engineering Agreement with Hazen and Sawyer, Inc. in the Amount of$920,150.00 for the Evaluation and Design of Improvements to Title: the Digesters at the Village Creek Water Reclamation Facility, Provide for Additional Project Costs for a Total of$1,020,150.00, Adopt a Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinance 1. M&C 20-0701, 2. 60VCWR DIGESTER MIXING-FLARE-DOME IMPROVEMENTS- Attachments: DESIGN-HAZENS Map (Suzy).pdf, 3. 60VCWR DIGESTER MIXING-FLARE-DOME IMPROVEMENTS-DESIGN Reimb Resolution.pdf, 4. 60VCWRF DIGESTER MIXING- FLARE-DOME IMPROVEMENTS— HAZENS 56019 AO20(R3).Ddf History(1) Text 1 record Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 9/22/2020 1 CITY COUNCIL Approved Action details Meeting details Not available