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HomeMy WebLinkAboutContract 56087 CSC No.56087 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 CDM Smith, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $439,445.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. 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. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. 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 pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date: City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 1 of 14 CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer 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 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 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 2 of 14 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 3 of 14 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 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 no 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 4 of 14 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24535-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. 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 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 reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard 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 Engineering Related Design Services Revised Date:May 7,2021 Page 5 of 14 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 6 of 14 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 A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 7 of 14 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 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 8 of 14 I. 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. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions 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 CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 9 of 14 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.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable 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 projected termination expenses. The CITY'S approval shall 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 10 of 14 is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. 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, 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. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 11 of 14 or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 12 of 14 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 Attachment F — Insurance Requirements I i. r I I City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 13 of 14 I 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 CDM Smith, Inc. Dana Burghdoff(Ju 126,202,fe48:31 CDT),�,� Dana Burghdoff Assistant City Manager JLacy L A9 Kr-ftf, P.E. Client Service Leader J Date: u 126,2021 Date:. ;?v xz 0;7-4 APPROVAL RECOMMENDED: stopher rder(Jul 21,202111:52 CDT) Chris Harder, P.E. Director, Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements, Dena Johnson, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY DBI-1,(Jul 26,2021 16:23 CDT) By: Doug Black Senior Assistant City Attorney ATTEST: f oRr Form 1295 No. 2021-758715 0!�'000 - RO-A�P. !�aWZAL-S�- 0 .0 0*0— -0.1 Ronald P.Gonzales(,Tul 27,202109:40 CDT) 0j 0..I.0 0 0 Ron Gonzales O.U." 0 M&C No.: 21-0463 0 0 C 0 0 Acting City Secretary *%)0 0 Icy 0 0000,0-0 ��4 M&C Date: June 22, 2021 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 OFFICIAL RECORD Page 14 of 14 CITY SECRETARY FT. WORTH, TX ATTACHMENT DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE TREATMENT PLANT PUMP STATION WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT PUMP STATION WEATHERPROOF ENCLOSURES CITY PROJECT NO.: 103335 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. PROJECT DEFINITION AND BACKGROUND The Fort Worth Water Department's Eagle Mountain Water Treatment Plant and Westside Water Treatment Plant operate High Service Pump Stations to distribute treated water to its customers. To provide for more redundancy and resiliency during extreme weather events, the City desires to enclose three (3) High Service Pump Stations (HSPS) by installing prefabricated metal buildings over each facility's pumps and associated piping. Two of the pump stations are located at the Eagle Mountain Water Treatment Plant ("Eagle Mountain HSPS 1" and "Eagle Mountain HSPS 2") and one is located at the Westside Water Treatment Plant ("Westside HSPS 1"). The three HSPS enclosures collectively consist the "Project". Upon receipt of notice to proceed, ENGINEER will provide design and bid phase services as described herein. WORK TO BE PERFORMED The work of this scope is divided into the following phases and related tasks, Phase 1 — Design Phase Task 1.1 Project Management Task 1.2 Site Investigations Task 1.3 Preliminary Design (30%) Task 1.4 Design Development (60%) Task 1.5 Pre-Final Design (90%) Task 1.6 Final Design Phase (100%) Phase 2 —Bid Phase Task 2.1. Bidding Assistance and is as described hereafter: PHASE 1 - DESIGN PHASE Task 1.1 Project Management City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 12 ATTACHMENT DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 ENGINEER shall direct and manage project work for efficient and effective use of ENGINEER's and CITY's time and resources throughout the design phase. ENGINEER shall manage change, communicate with CITY and other affected parties, 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. 1.1.1. General Project Management • Lead, manage and direct design team activities • Ensure ENGINEER's quality assurance control practices are undertaken in performance of the design work • Communicate internally among team members • Task and allocate team resources 1.1.2. Communications and Reporting • 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 M/WBE 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. 1.1.3 Project Kickoff Meeting ENGINEER will convene a virtual project kickoff meeting with involved CITY staff to introduce the ENGINEER's key project team leaders, discuss the project objectives and assumptions, obtain initial CITY input on functional needs and funding limitations for proposed facilities, discuss information needs, and review the ENGINEER's scope of work and design schedule. It is assumed that up to four (4) members of the ENGINEER's team will attend the kickoff meeting and it will last to up to two (2) hours. Task 1.1 Work Products A. Project kickoff Meeting summary with action items City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 12 ATTACHMENT DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 B. Monthly invoices and progress reports C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form Task 1.1 Project Deliverables None TASK 1.2 SITE INVESTIGATIONS 1.2.1 — Site Visits ENGINEER will conduct up to two (2) site visits each to the Eagle Mountain and Westside WTP to observe and photograph existing, visible conditions at and immediately surrounding each of the three HSPS. ENGINEER will coordinate with the CITY for scheduling visits a minimum of three days in advance and for on-site access. 1.2.2 — Survey ENGINEER will perform field surveys to collect horizontal locations and vertical elevations of existing grade, pavements, and visible structures and piping for preparation of design of the project. 1.2.3— Geotechnical Investigations ENGINEER will perform geotechnical investigations required for the design of the proposed building foundations and extended slabs. It is assumed that up to two (2) soil borings will be completed at each of the three HSPS. Based on the information obtained via soil borings, a geotechnical engineering report will be prepared that evaluates pertinent engineering properties of the in-situ subsurface materials, groundwater levels, and provides recommendations for foundation and structural design for the proposed buildings. Task 1.2 Work Products • Site visit notes and photographs and notes • Topographic survey data • Geotechnical report Task 1.2 Project Deliverables None TASK 1.3 PRELIMINARY DESIGN PHASE (30%) The Preliminary Design shall be conducted per the approved Project Schedule. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 12 ATTACHMENT DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 Under 30% Preliminary Design, the ENGINEER will progress design of the Project based on the project understanding, project kickoff meeting and discussions and stated CITY preferences for proposed facilities. ENGINEER will progress the design to convey the general intent of the design scope, extent, and character of the work to be designed by the ENGINEER in subsequent design phases. The 30-percent Preliminary Design progress work will consist of 30% progress 2D progress drawings (plans, sections, elevations, profiles, details, schedules and notes), for the following: • General Design —General drawings including cover sheet, sheet index; engineering discipline abbreviations, legends and notes. • Site/Civil Design — Preliminary civil drawings with building/structure locations, added site features (pavements, driveways). • Architectural Design - Preliminary Elevations and general arrangement plans for proposed buildings and facilities. Development of preliminary building code and life- safety summary for all proposed buildings. • Structural Design - Preliminary general dimensional structural plans and sections for proposed structures. • Building Mechanical Design — Preliminary HVAC plans and preliminary equipment schedules for buildings. • Electrical Design — Preliminary one-line diagrams for primary electrical service, onsite power distribution and main treatment electrical equipment, and preliminary site electrical distribution plans. • List of anticipated Technical Specifications (Divisions 01 through 50) to be developed in subsequent design. ENGINEER will submit a 30% Design Progress Submittal consisting of the 30% drawings and the list of anticipated technical specifications as described above to the CITY for review and comment. For 30% design progress, approximate percent complete of design by applicable disciplines is assumed to be as follows: Site/Civil 40% Geotechnical/Foundation 60% Structural 20% Architectural 25% Electrical 20% Building Mechanical (HVAC) 20% ENGINEER will coordinate with the CITY to prepare for and facilitate a 30% Preliminary Design Review Meeting with the CITY to review the 30% Design Submittal and discuss any City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 12 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 maintenance of operations limitations and key design considerations and CITY decisions for progressing the design to the 60-percent pre-final design development milestone. ENGINEER will have four (4) team members (architectural, structural, HVAC, and electrical), in addition to the Project Manager, participating in the meeting. It is assumed that the meeting will last for 2-hours. Engineer will develop a meeting summary to document comments, decisions and action items requiring follow-up by respective parties. ENGINEER will respond to review comments and obtain CITY approval of design intent prior to progressing the drawings to the 60-percent design completion level. Subsequent to submittal of the 30% Design Submittal, ENGINEER will prepare an Opinion of Probable Construction Cost (OPCC). The cost opinion will be a Class 3 estimate, per AACE International Recommended Practice No. 18R-97, with appropriate contingencies based on design progress completion. Task 1.3 Work Products • 30% OPCC • 30% Design Review Meeting Summary and Comment Responses Task 1.3 Project Deliverables • 30% Design Progress Submittal (30% Schematic Design Drawings, List of Technical Specifications) TASK 1.4 DESIGN DEVELOPMENT (60 PERCENT). 60% Design Development plans and specifications shall be submitted to CITY per the approved Project Schedule. The 60% Design Development includes the progression of the design drawings and specifications based on the 30% Submittal and subsequent direction from the CITY relative to design decisions and facility features to be included in the facility design. The 60% Design will include progression of the design development of the 30% Design Submittal's 2D drawings as described in Task 1.3 including the following: • General Design — Updated General drawings including cover, index, abbreviations, legend, and notes. • Site/Civil Design — Updated civil drawings with building/structure locations, added site features (pavements, driveways), site grading and erosion control, drainage and stormwater control. and any utility connection locations and details. • Architectural Design — Updated Elevations and general arrangement plans for proposed buildings. Finalization of building code and life-safety summaries for proposed structures. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 12 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 • Structural Design — Updated dimensional structural plans and sections and initial structural detailing for proposed buildings. • Building Mechanical Design — Updated HVAC plans and updated equipment schedules for buildings. • Electrical Design — Updated one-line diagrams for primary electrical service, onsite power distribution and building electrical power plans and preliminary panelboard schedules for proposed lighting and heating equipment, and standard electrical details. • 60% Technical Specifications (Divisions 0 through 50). ENGINEER will submit a 60% Design Progress Submittal consisting of the 60% drawings and 60% progress technical specifications (Division 01 through 50) as described above to the CITY for review and comment. For 60% design progress, approximate percent complete of design by applicable disciplines is assumed to be as follows: Site/Civil 80% Geotechnical/Foundation 60% Structural 50% Architectural 60% Electrical 50% Building Mechanical (HVAC) 60% ENGINEER will coordinate with the CITY to prepare for and facilitate a 60% Pre-Final Design Review Meeting with the CITY to review the 60% Design Submittal and discuss any maintenance of operations limitations and key design considerations and CITY decisions for progressing the design to the 90-percent design development milestone. ENGINEER will have four (4) team members (architectural, structural, HVAC, and electrical), in addition to the Project Manager, participating in the meeting. It is assumed that the meeting will last for 2-hours. ENGINEER will develop a meeting summary to document comments, decisions and action items requiring follow-up by respective parties. Subsequent to submittal of the 60% Design Submittal, ENGINEER will revise and update the previous 30% OPCC to reflect Project updates and design progression subsequent to the 30% Preliminary Design. The cost opinion will be a Class 2 estimate, per AACE International Recommended Practice No. 18R-97, with appropriate contingencies based on design progress completion. Task 1.4 Work Products: • 60% Updated OPCC • 60% Design Review Meeting Summary and Comment Responses City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 12 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 Task 1.4 Project Deliverables: • 60% Design Progress Submittal (60% Progress Design Drawings, 60%Techncial Specifications) TASK 1.5. FINAL DESIGN (90 PERCENT) Upon approval of the 60% Design Development plans, ENGINEER will develop 90% PRE- FINAL design documents (drawings and technical specifications) for the following disciplines with the respective levels of progression: • General 95% • Civil/Site 95% • Geotechnical/Foundation 95% • Architectural 90% • Structural 90% • Building Mechanical (HVAC) 90% • Electrical 80% ENGINEER will update and supplement the CITY's standard Division 0 ("Front-end") contract documents, as provided by the CITY for incorporation with the project manual (Division 01 through 50 technical specifications) into the overall Contract Specifications document. ENGINEER will facilitate a 90% Pre-Final Design Review Meeting with the CITY to discuss any final comments. ENGINEER will have four (4) team members (architectural, structural, HVAC, and electrical), in addition to the Project Manager, participating in the meeting. It is assumed that the meeting will last for 2-hours. ENGINEER will develop a meeting summary to document comments, decisions and action items requiring follow-up by respective parties ENGINEER will revise and update the previous 60% OPCC to reflect Project updates and design progression subsequent to the 60% Design Development. The cost opinion will be a Class 2 estimate, per AACE International Recommended Practice No. 18R-97, with appropriate contingencies based on design progress completion. Task 1.5 Work Products: • 90% Updated Opinion of Probable Costs (OPCC) • 90% Design Review Meeting Summary and Comment Responses Task 1.5 Project Deliverables: • 90% Design Progress Submittal (90% Progress Design Drawings, 90% Division 00 "Front End" contract document, 90%Techncial Specifications [Division 01 through 50]) TASK 1.6 FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 12 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 Following a 90% review meeting with the CITY, the ENGINEER shall submit Contract Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. Contract Documents will be considered bid-ready documents ("Issued for bid"). ENGINEER will revise the previous 90% OPCC to reflect Project revisions and design progression subsequent to the 100% Pre-Final Design. The cost opinion will be a Class 1 estimate, per AACE International Recommended Practice No. 18R-97, with appropriate contingencies based on design progress completion. Task 1.6 Work Products • 100% Updated Opinion of Probable Costs (OPCC) Task 1.6 Project Deliverables • 100% Sealed Contract Documents (100% Drawings, 100% Division 00 "Front End" contract document, 100% Technical Specifications [Division 01 through 50]) PHASE 2 BIDDING PHASE TASK 2.1 BIDDING ASSISTANCE ENGINEER will support the CITY's bidding of the Project as follows. 2.1.1 Posting of Contract Documents for Prospective Bidders The ENGINEER shall upload all the contract documents in .pdf format onto BIM360 at the CITY's direction for access to potential bidders. 2.1.2 Clarifications/Addenda 2.1.3 Bid Opening/Recommendation of Award ENGINEER will attend the bid opening in support of the CITY and will review and tabulate received bids, noting observed informalities. ENGINEER will provide a summary of the above for CITY's consideration in award of the construction contract for the Project to the lowest, responsive and responsible bidder. 2.1.4 Conformed Documents ENGINEER will prepare conformed (issued for construction) contract documents for the Project that incorporate addenda items and the bid documents of the selected bidder that the CITY intends to execute the construction contract with. Task 2.1 Work Products • Addenda • Bid tabulation and review letter Task 2.1 Project Deliverables • Conformed Contract Documents City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 12 ATTACHMENT DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 SCOPE OF WORK ASSUMPTIONS General Schedule: • The scope of work assumes 12 months for Phase 1 - Design and 2 months for Phase 2 — Bidding. General Enclosure Design Intent: • The new weatherproof enclosure buildings will be pre-engineered metal buildings (PEMB) designed and provided by Mueller Inc. or equal, and the foundation will be a new cast-in-place concrete type designed by the ENGINEER. No alternatives analysis will be performed for building materials. • Pre-engineered metal buildings will include insulated wall and roof panels. • No instrumentation and controls design or modifications are anticipated. • No process, piping, drain or pumping design or modifications are anticipated. • Electrical scope is limited to demolition of site lighting and replacement and powering required for new fans, louvers, and heater loads. • Enclosure heating will be electrical unit heaters. • Existing HSPS structure foundations will not be used to bear/support new building loads unless their use is necessary and practical. • Building design shall generally conform to the building and electrical codes adopted by the City of Fort Worth effective on the date of this agreement. Adopted codes shall be the basis of design performed by Engineer until and unless an exception is provided in writing to Engineer by CITY staff. Exceptions to adopted building codes shall be coordinated by CITY staff. • Pre-engineered metal buildings shall, at a minimum, cover all pumps and extend beyond the suction and discharge headers for protection of all above ground piping. • Pre-engineered metal building footprints shall generally extend out to street/back of curb. Areas (grass/rock) between the structures and the streets shall be paved or stoned to accommodate process equipment handling (Eagle Mountain HSPS 2 has grade changes to be accommodated). • Access for existing pump removal shall be through roof-hatches. Roof hatches shall generally be one-piece aluminum panel with lifting lugs. • No material handling equipment (monorails, bridge cranes, etc.) for any facilities. • Enclosure/building design will endeavor to provide 4'-0" maximum horizontal separation from existing equipment to enclosure wall to extent possible. • Buildings shall be considered for equipment only and not intended for human occupancy other than to maintain and operate the equipment. Heating will be City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 12 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 designed for minimum required for freeze prevention, not for long-term worker comfort. Eagle Mountain HSPS 1 and 2 Specific Design Intent: • Concrete masonry unit screen walls at the two (2) Eagle mountain pump stations will be evaluated for their suitability to remain in place. Design intent is to demolish the existing wall and use a PEMB with the specific goal of making the new PEMB water- tight, insulated, and constructable. • Existing compressor room at Eagle Mountain WTP HSPS 2 will remain in place and be covered by the new building enclosure. • Clearwell access hatches at Eagle Mountain WTP HSPS 1 will be outside of the footprint of the building enclosure. • Existing electrical switchgear is capable of powering new loads for the weatherproof enclosures. New circuits will be needed for Eagle Mountain facilities from the respective electrical buildings (EB-1 for Eagle Mountain HSPS1 and EB-3 for Eagle Mountain HSPS 2). • Existing prefabricated metal building at Eagle Mountain PS 2 will be demolished by CITY staff in advance of construction. • . Access to the pumps for routine maintenance shall be through roll-up doors. At Eagle Mountain HSPS 2, roll-up doors on the northside of the enclosure are preferred. At Eagle Mountain HSPS 1 enclosure, roll-up doors along existing driveway are preferred. • Eagle Mountain HSPS 1's existing wet well hatches/curbs will be modified (or added) to prevent drainage into the wet-well. Westside HSPS Specific Design Intent: • Existing above-grade valve enclosure and valve manhole with associated sample pump at Westside WTP will remain in place and be covered by the new Westside HSPS 1 enclosure/building. • Access to the pumps for routine maintenance shall be through roll-up doors. At Westside HSPS 1 enclosure, roll-up doors along existing driveway are preferred. Format and Number of Work Products and Project Deliverables: • All Work Products shall be delivered in electronic .pdf format to the CITY. • All Project Deliverables shall be delivered in electronic format (.pdf) and in the following paper copies as follows: o Drawings—three (3) sets 11" x17" half-size for 30%, 60%, 90% Design Submittal, and three (3) sets 11" x17" size and two sets 22" x 34" full size for the Conformed Documents. o Specifications—three (3) sets Permit Fees: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 12 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 • CITY shall pay all fees for permits unless costs of permits are directed by the CITY to be included in the construction contract scope of work. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 12 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT WEATHERPROOF ENCLOSURES CITY PROJECT NO.:103335 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: • Design services resulting from changes to written assumptions herein. • Opinion of Probable Construction Cost (OPCC) for this project is $4.4M. • Plumbing, instrumentation, or process mechanical design modifications. • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Sealing of documents other than bid specifications and drawings. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction phase services including progress meetings request for information (RFI) reviews, submittal reviews, and periodic engineering site visits. • Construction management or resident project representative services/inspection services • Construction Phase performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to development of the CITY's project financing and/or budget. • Public meetings • Costs for submitting for permits to CITY entities. • Services related to acquiring real property including but not limited to additional easements, rights-of-way, temporary right-of-entries, and land acquisition • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 12 ATTACHMENT B COMPENSATION Design Services for Eagle Mountain and Westside Water Treatment Plant Pump Station Weatherproof Enclosures Project City Project No. 103335 Time and Materials with Rate Schedule 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 the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2021 Rate $/hour Principal $280 Design Manager $310 Project Manager $185 Administrative Assistant $106 Project Technical Leader $194 Senior Structural $244 Lead Structural $186 Junior Structural $66 Senior Architect $218 Lead Architect $142 Junior Architect $66 Senior Electrical $244 Lead Electrical $104 Junior Electrical $76 Electrical CADD $66 Senior Geotechnical $200 Lead Geotechnical $154 Senior Civil $220 Lead Civil $78 Senior HVAC $226 Lead HVAC $110 Junior HVAC $78 Lead Estimator $136 Senior Specifications Writer $158 Lead Specifications Writer $106 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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 rnarkup of ten percent (10%). 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. 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION 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. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant CDM Smith Design Services for Eagle $ 333,035 75.9 % Mountain and Westside WTP Weatherproof Enclosures Proposed MBE Sub-Consultants Alliance Geotechnical Geotechnical Investigation $14,210 3.2 % Gupta and Associates Electrical $73,500 16.7 Non-MBE Consultants Spooner and Associates Survey $7,200 1.6 Gill Reprographics Printing $11,500 2.6 TOTAL $439,445 100% Project Number & Name Total Fee MBE Fee MBE % FWWD — Eagle Mountain and Westside $ 439,445 $ 87,710 19.9 % WTP Weatherproof Enclosures Project No. 103335 City M/WBE Goal = 8 % Consultant MBE Committed Goal =19.9 % 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 desired 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=-uee o g g-u -0 \ / \}\§kk § + foo //\}� ( �\ � . 7 §§ z »}§\ § �� E .. R m m §03 \ §LL E § / E o = < , = o / \ / ¢ ° § § � ca. ° °ET \ G0 [ E q ° ®\ (/$; //} - ir » }\ g / § k :® � ! / \ }\ (§- ( E \ � \ - » \ \ ƒ f { � � § CL # ) o CD E » , f \ & § Io0m _ a CD R / \ � k � _ - \ ! E ` [ ; \ /\ § ° \ 2 rr CL2. CL 0 cu § \ o [ \ ° 2 ƒ -,,,U), n , ,wee < /\$3Mk q __ ;gym z E §$}/! 7 § ® 7�n , g o! � $ E $(§ z !! 2; o 0 § �.. .. \ .. $ m St Z ; �(D S 7 } o / \ / \ ( ) m \ \ .. \}\§ m \ ; f Ef \ d \\ / }/ } \EF Z \\\ \ 10 m ET \ [ \� \ z£ °« me E! _ En \ , ID 9 0 o § � 0 \ / 03 } lfi - !(§ \ f(r yo [/ [ \ �} ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures City Project No. 103335 NONE City of Fort Worth,Texas Attachment C PMO Release Date:05,19.2010 Page I of 1 W.Coee _ My Name a ml Owatlm 1oay:� Nn na9 g Days rE 'E- n,n.`z3 zaa�zl S+Id 2i u.ur tsaazt 2W 21 —121 "a Zt 1-A 21 23Aug21 2aNg21 —121 1-,21 2-V.1 2]Sep21 4Qt21 11-0d-21 16 P1-21 250ct-21 1Nw31 M-1 161b 2 . _f Niw-Zl V 2M--21 fiDrl21 2-21 2]-0ec21 b 22 tD3,.n n,w.n at.an zz ]{eb22 I6FNr22 21{a.n 2-R 2 l Mer-zt 1 as 21-+s a-n zaea�-22 -A,- n-]wzz to,42 2-A-22 retry-n l6mq z 2UAa.2 3W,.22 s 22 1sa,.zz 2o,ne.zz 27r 22 axsn n.p�zz fe,nan zs.psn 1q�u %ewsn 15Aug22 22Aug-22 —,22 ssepn usea2z 1- 22 /A 1ITACHMENT E _ -•W�HAL-TOM,BAILEY,,BOSWEL' //) r�\ VIT TY \Jl n 1' N z/� U/ 1 r cni BUSH,BUCK RUNAN 1 e �c F_ O'LI>Ll,1,L WJ BOAZLU RD = - 77i _ EF t 'J QC Q H L) 1 c — GUS w Q F-�/ —.R — ZIJ m RIFE — wuj — ffmi Vol ROBERTSON RD 00 ` 1, - �j-Z MIT Vff m e / EAGLE MOUNTAIN WATER TREATMENT PLANT CIO y LU ' I — C7 �• FORTWORTH _ r O .FERNCREEKIL'N �; ` "' ~m SL 2021 �� �s m�oiiiiEeiiiii e� '�,+`� ► ►11 -� �-:�RIIIIIIIIIIIII� sew ee�re �►►►!/ ,� ����Ii1i161i11111111 ®�V'1�ee� ' �Illlill -�aim��i1111111111 II��e��e \ "'°� �o� m ��a nunoimu ►\\\��4p�s�v � r ►rr,at �_ ��a uumnuri�� �t,��e�� ai ••tea a Illlllllllo��'`;rv�� I, I r ter/► _ y v��/r/r►r q/ri ' a►,�PP/tPr r/�/1/ tt�P1ii1111 /i rrr gi/��� P�nPPPir p►ii�i� ME WHOW� C.-�C���'IIi\ � ���a~r.f�s/111111 �I +�Cl+C CC/illllll111►� �rC C+a C■1111111111►11 I �:C•:COC ��_�m'�Al j j�tlilA1�111111 ---SC�lIIIIi111111 Illlllilll S�t::i11111111111111 1 Iltllil • . - • - . - . =1 fill Ilil lilll II illlliil 1 • �• �_�III��� � nullllll� :sly l ►►/►/t � i i ____nlm a ►uui 0 Ilu nlnm till IN 1 IIIt�� �y tll �� Ndb11�►�1 elf..y ,_r���f(i"1' -� - .�� 'millisitil ftA Attaclunent F Certificate of Insurance i City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 22, 2021 REFERENCE NO.: **M&C 21-0463 LOG NAME: 60EMWSPSWPENCLOSURES-CDM SUBJECT: (CD 3 and CD 7) Authorize Execution of an Engineering Agreement with CDM Smith, Inc., in the Amount of $439,445.00, for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures Project, Adopt Attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that City Council: 1. Authorize execution of an Engineering Agreement with CDM Smith, Inc. in the amount of $439,445.00, for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund in the amount of$504,445.00,by increasing appropriations in the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures Project (City Project No. 103335) and decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount. DISCUSSION: The February 2021 Ice Storm caused power failures to Eagle Mountain Water Treatment Plant (EMWTPA), the Westside Water Treatment Plant(WSWTP) and affected the North and South Holly Water Treatment Plants, along with power and freezing issues at some High Service Pump Stations. In response to the power outage, the Water Department is implementing a series of projects to minimize the effects of power failures and/or freezing problems on Water Facilities. In addition, the State of Texas has adopted Senate Bill 3 (SB3) requiring that an Emergency Preparedness Plan be submitted by March 1, 2022. The proposed scope of service for this project consists of the enclosure (in prefabricated metal buildings) of three high service pump stations and associated piping located at the Eagle Mountain (two pumps) and Westside Water Treatment (one pump) Plants. CDM Smith, Inc. proposes to perform the necessary services for a fee not to exceed $439,445.00. Staff considers the fee to be fair and reasonable for the services proposed. In addition to the contract amount, $65,000.00 is required for project management and material testing. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. 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. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds. Funding for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project is depicted below: Fund Existing Additional Project Appropriations Appropriations Total* W&S Commercial Paper - Fund $0.00 $504,445.00 $504,445.00 56020 Project Total $0.00 $504,445.00 $504,445.00 *Numbers rounded for presentation purposes. Business Equity-CDM Smith Inc. is in compliance with the City's Business Equity Ordinance by committing to 8 percent Business Equity participation on this project. The City's Business Equity goal on this project is 8 percent. The project is located in Council Districts 3 and 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC project within the W&S Commercial Paper Fund and 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 EM &WS Weatherproof Enclosure project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program Activity Budget Reference moun# ID ID Year (Chartfield 2) � FROM Fund Department Accoun Project Program ctivity Budget Reference # mount 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: Dena Johnson (7866) ATTACHMENTS 1. 60EMWSPSWPENCLOSURES-CDM FID Table (WCF 06.08.21).xlsx (CFW Internal) 2. 60EMWSPSWPENCLOSURES-CDM funds availability.docx (CFW Internal) 3. 60EMWSPSWPENCLOSURES-CDM MWBE.pdf (CFW Internal) 4. 60EMWSPSWPENCLOSURES-CDM Reimb Resolution.docx (Public) 5. 60EMWSPSWPENCLOSURES-CDM 56020 A021(r3)r.docx (Public) 6. 60EMWSPSWTPENCLOSURES-CDM Map 1.pdf (Public) 7. 60EMWSPSWTPENCLOSURES-CDM Map 2.pdf (Public) 8. CDM SAM.pdf (CFW Internal) 9. 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