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HomeMy WebLinkAboutContract 56537 CSC No.56537 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 Gupta &Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation Facility(VCWRF) Phase III Electrical Improvements Project.. 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 $1,198,900.00 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. OFFICIAL RECORD City of Fort worth,Texas CITY SECRETARY Standard Agreement for Engineering Related Design Services FT.WORTH, TX Revised Date:Sept.1,2021 Page 1 of 15 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:Sept.1,2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or 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:Sept.1,2021 Page 3 of 15 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:Sept.1,2021 Page 4 of 15 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. 24534-11-2020 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:Sept.1,2021 Page 5 of 15 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:Sept.1,2021 Page 6 of 15 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:Sept.1,2021 Page 7 of 15 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:Sept. 1,2021 Page 8 of 15 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:Sept.1,2021 Page 9 of 15 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 is entitled to recover its reasonable attorney's fees in proportion to the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 10 of 15 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 or to exercise any right granted herein City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 11 of 15 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 unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the 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 if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 12 of 15 partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 13 of 15 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 14 of 15 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 guG Gupta &Associates, Inc. Dana Burghdoff Assistant City Manager Oct 25,2021 Puneet Gupta, P.E. Date: Vice President Date: October 18, 2021 APPROVAL RECOMMENDED: C1 r�a��-liter tl�u-r7er By: Christopher P. Harder, P.E. Director, Water APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2021-797950 ow By: Doug Black M&C No.: 21-0768 Senior Assistant City Attorney M&C Date: September 28, 2021 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. 10/18/2021 Farida Goderya, PhD,P.E. Senior Project Manager Ao��4pR 14 .F°� o°°°�°`y��� ATTEST: ~° °o��� �vo °_� ° o00 �� 0 Ronald P. Gonzales �� °°°°°°°°°°° a Acting City Secretary ���EXpSp OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 15 of 15 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.: 103323 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 Background Task 1. Project Management/Administration Task 2. Design Phase Task 3. Advertisement & Bidding Task 4. Special Services BACKGROUND. The Village Creek Water Reclamation Facility (VCWRF) is a 166MGD activated sludge wastewater treatment system comprised of primary, secondary, and tertiary treatment; chlorine disinfection; and dechlorination. Two-hour peak flow capacity is rated at 369MGD. The Plant was initially placed in service in the 1950s as a 5MGD facility. It was expanded over time including an expansion to 144MGD in 1988-1994 (25MGD Expansion Project). The Plant was uprated to 166MGD based on the 1997 Village Creek Wastewater treatment Plant Uprating Study, with initial construction contracts in 2002-2005. An 80MGD high rate clarification (HRC) system was added during 2003-2005 to treat high influent flow events over 255MGD (in accordance with current discharge permit). The VCWRF electrical distribution and controls system consists of: 1. Dual 12,470V feeds throughout the Plant 2. Pad mounted 15KV switches 3. Substations for each process or facility 4. Substations have single or dual transformers 5. Secondary voltages are 480V, 2,400V 6. Primary selector switches allow connection of substations to either 12.47kV feeder. 7. Two 5MW turbine generators. City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 1 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 Much of the existing switchgear was installed in the 1970s and 1980s. All of the switchgear and many of the motor control centers are installed outdoors. This equipment has been subjected to hydrogen sulfide (1­12S) corrosion and exposed to weather related deterioration. Other equipment installed inside buildings do not have temperature control and are also subjected to corrosion deterioration. In addition, other issues include: 1. Much of the older switchgear is obsolete and spare parts are no longer available and therefore are difficult to repair or maintain. 2. Active switchgear with little or no loads connected. 3. Oil-filled switchgear that are considered a safety issue. A power system study was recently conducted at the VCWRF. This study identified several issues that are to be addressed by this project. TASK 1. PROJECT MANAGEMENT/ADMINISTRATION 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. Managing the Team a. Lead, manage and direct design team activities b. Ensure quality control is practiced in performance of the work c. Communicate internally among team members d. Task and allocate team resources 2. Communications and Reporting a. Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements b. Conduct review meetings with the CITY at the end of each design phase c. Prepare invoices and submit monthly in the format requested by the CITY. d. Prepare and submit baseline Project Schedule. e. Complete M/WBE Report Form and Final Summary Payment Report Form at the end of the project f. 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 1. MWBE reports will be prepared 2. Four meetings with city staff a. Pre-design/Project Kickoff Meeting City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 2 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 b. 30% Design Review Meeting c. 50% Design Review Meeting d. 90% Design Review Meeting Deliverables 1. Meeting summaries with action items 2. Monthly invoices 3. Monthly progress reports 4. Baseline design schedule 5. M/WBE Report Form and Final Summary Payment Report Form TASK 2. DESIGN PHASE In developing the scope of work and associated task budgets discussed in this proposal, GAI has made the following assumptions: 1. The scope of work is not limited to only one type of equipment or to only one process area. 2. Some Plant areas are scheduled for specific process upgrades. Any electrical remedial work done in these areas must have a useful life expectancy of three years or more in order to qualify for capital funding. The following design effort is identified as the basis for the scope of work to be performed: 1. Return Sludge Pump Station 8 Area a. Replace the following electrical equipment: i. MCC RS8 + associated panelboard(s) 1. Install in pre-fab electrical enclosure. 2. Add portable generator connection to the MCC with a connection outside the building. 3. Replace and install new wire and conduit for equipment fed from MCC ii. SS58 iii. VFDs (either all new or new enclosures) iv. Demolish Panelboard RS8-A and refeed equipment from new MCC RS8. b. Provide and install PQM on mains c. Reuse the existing RTU in existing location. i. Reuse the existing wire except the ones from the MCC 2. Return Sludge Pump Station 3 Area a. Replace the following electrical equipment: i. MCC RS3 + associated panelboard(s) 1. Install in pre-fab electrical enclosure. City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 3 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 2. Add portable generator connection to the MCC with a connection outside the building. 3. Replace and install new wire and conduit for equipment fed from MCC ii. PA56 iii. VFDs (either all new or new enclosures) b. Provide and install PQM on mains c. Reuse the existing RTU in existing location and replace latches on the enclosure. i. Reuse the existing wire except the ones from the MCC 3. Return Sludge Pump Station 5 Area a. Replace the following electrical equipment: i. MCC RS5 + associated panelboard(s) 1. Install in pre-fab electrical enclosure. 2. Add portable generator connection to the MCC with a connection outside the building. 3. Replace and install new wire and conduit for equipment fed from MCC ii. SS29 1. Primary cable will be replaced to the nearest manhole. Splice to the existing cable in the manhole. iii. PA29 iv. VFDs (either all new or new enclosures) b. Provide and install PQM on mains c. Reuse the existing RTU in existing location. i. Reuse the existing wire except the ones from the MCC 4. Final Effluent Pump Station 3 Area a. Replace the following electrical equipment: i. SS48 1. Primary cable will be replaced to the nearest manhole. Splice to the existing cable in the manhole ii. PA48 iii. MCC FE2 iv. MCC FE3 v. MCC FEL2 (480V) + associated panelboard(s) vi. Eddy Current Controllers b. Provide outdoor rated gear for replacement and provide canopy similar to PE1 and PE2 c. Provide and install PQM on mains d. Replace and provide all new raceway e. Replace and provide all new wire City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 4 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 f. The RTU shall remain but replace the back panel with new terminal strips, remove the 2 E&H level instruments from RTU can, and replace the latches. i. Reuse the existing wire except the ones from the MCC 5. Final Effluent Pump Station 1 Area a. Replace the following electrical equipment: i. PA17 ii. PA18 iii. SS17/18 1. Primary cable will be replaced to the nearest manhole. Splice to the existing cable in the manhole. iv. MCC FE v. MCC FEL vi. MCC FEL (480v) + associated panelboard(s) vii. Eddy Current Controllers b. Provide outdoor rated gear for replacement and provide canopy similar to PE1 and PE2 c. Provide and install PQM on mains d. Replace and provide all new raceway e. Replace and provide all new wire f. Reuse the existing RTU as-is. Any new 1/0 should be routed to the existing PLC-1 located in the Reclaim electrical room. i. Reuse the existing wire except the ones from the MCC 6. MCC BW Area a. Replace the following electrical equipment: i. MCC BW with 480V Panelboard + associated 120V panelboard (No building required) ii. Provide two starters for the clarifier drives. iii. Install new variable frequency drives (2) for backwash pumps in filter building electrical room b. Replace and install new wire and conduit for equipment fed from Panelboard c. Provide and install PQM on mains d. RTU-31 serves this area - Okay to utilize, just replace terminal strips i. Field wiring will remain to RTU-31 ii. 1/0 from VFDs will be connected to DCU-7 located within electrical room 7. S02 Area a. Replace the following electrical equipment: i. MCC DCL + associated panelboard(s) 1. Replace and install new wire and conduit for equipment fed from MCC b. Electrical room rehab City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 5 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 i. New paint ii. New door iii. New HVAC iv. New lighting + receptacles c. RTU — Reuse but remove all the interim controls from the initial construction (PLC, isolators, indicators, switches, etc.). i. Replace the field wiring where required. 8. Structural Scope a. Structural design of three (3) foundation slabs to support prefabricated metal electrical enclosures, similar to the existing enclosure at RS6. The proposed enclosures will be located at RS3, RS5 and RS8 areas, and have plan dimensions on the order of 65 feet by 40 feet. It is assumed that the foundation slabs will be supported on a prepared subgrade. Deep foundations are not anticipated. b. Structural design of two (2) new canopies to cover the proposed electrical equipment, similar to the existing canopies at PE1 and PE2. The proposed canopies will be located at FE1 and FE3 areas. It is assumed that the canopies will be aluminum framed with an aluminum roof deck. The electrical equipment is assumed to be replaced in kind and no structural modification to the existing pad are assumed. 9. Civil Scope a. Design of site civil grading, paving, demolition and dimensional control at five (5) separate locations for the proposed location/relocation of electrical equipment. i. Locations include, FE1, FE3, RS3, RS5, and RS8. Assumptions Existing ancillary electrical and mechanical equipment shall remain and not replaced under this project. The City of Fort Worth will provide the following documentation: • Existing Drawings • SKM Model • O&M Manuals • I/O Termination Drawings • Process Equipment Information 30% Design City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 6 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 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. 1. Development of 30% Design Drawings shall include the following: a. Draft plans (30%) shall be submitted to CITY per the approved Project Schedule. Assumptions 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (30% design). Deliverables 1. 30% design drawings 60% Design Upon approval of the 30% plans, ENGINEER will prepare 60% plans and specifications as follows: 1. Development of 60% Design Drawings and Specifications shall include the following: a. Draft Final plans (60%) and specifications shall be submitted to CITY per the approved Project Schedule. 2. The ENGINEER shall submit an estimate of probable construction cost with the 60% design package. Assumptions: 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (60% design). 2. Five sets of specifications will be delivered for the Preliminary Design (60% design). Deliverables: 1. 60% design drawings and specifications 2. Estimates of probable construction cost 90% Design Upon approval of the 60% plans, ENGINEER will prepare construction plans as follows: 1. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. 2. The ENGINEER shall submit an estimate of probable construction cost with the 90% design package. 3. The ENGINEER shall submit for City of Fort Worth building permit application. Assumptions City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 7 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (90% design). 2. Five sets of specifications will be delivered for the Preliminary Design (90% design). 3. The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. Deliverables 1. 90% Design drawings and specifications 2. Estimates of probable construction cost 100% Signed and Sealed - Bid Set Upon approval of the 90% plans, ENGINEER will prepare construction plans as follows: 1. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. 2. The ENGINEER shall submit a final design estimate of probable construction cost with the final design packages. Assumptions 1. Five sets of 11 x 17 size drawings and 5 specifications will be delivered for the Final Design package. 2. A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Document management system. 3. Five sets of 11 x 17 size drawings and 5 specifications will be delivered for the Final Design package. 4. A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Document management system. Deliverables 1. Final construction plans and specifications. 2. Detailed estimates of probable construction costs. 3. Original cover mylar for the signatures of authorized CITY officials. TASK 3. ADVERTISEMENT & BIDDING ENGINEER will support the bid phase of the project as follows. 1. Bid Support a. The ENGINEER shall upload all plans and contract documents onto Document management system for access to potential bidders. City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 8 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 b. Bid form documents shall be uploaded in an Microsoft Excel .xIs file. c. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. d. Plan Sets are to be uploaded to Document management system in pdf format. The .pdf will consist of one file of the entire plan set and one file for the entire specifications. e. The ENGINEER shall sell contract documents and maintain a plan holders list on Document management system from documents sold and from Contractor's uploaded Plan Holder Registrations in Document management system. f. 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 Document management system 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 Document management system and mail addenda to all plan holders. g. Attend the prebid conference in support of the CITY. h. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. i. 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. j. Attend the bid opening in support of the CITY. k. 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 and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Document management system. 2. Final Design Drawings a. Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWG format. b. Both PDF and DWG files shall be uploaded to the project's Final Drawing folder in Document management system. City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 9 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 Assumptions 1. The project will be bid only once and awarded to one contractor. 2. Sets of construction documents will be sold to and made available on Document management system for plan holders and/or given to plan viewing rooms. 3. PDF and DWG files will be uploaded to Document management system. Deliverables 1. Addenda 2. Bid tabulations 3. CFW Data Spreadsheet 4. Recommendation of award TASK 4. SPECIAL SERVICES ENGINEER will provide the following services upon request or as required by the design, site conditions and availability of existing documentation. Special services shall be performed on a time and material basis and only upon approval by the OWNER. 1. Design Survey a. Production of a topographic survey and SUE coordination of S02, FE1, FE3, RS3, RS5, RS8, and MCC BW at Village Creek Water Reclamation Facility in Fort Worth, Texas. Refer to Exhibit for survey extents/area. b. Establish a minimum of two (2) temporary control monuments (typically a 5/8- inch iron rod with pink plastic cap stamped JQ TRAVERSE), provide coordinates (northing, easting, and elevation) and graphically show on the topographic surveying exhibit. c. All horizontal and vertical survey data will be surveyed relative to Village Creek Water Reclamation Facility Plant Control Network, provided by Spooner & Associates, publishe February, 2019. d. Location of permanent improvements on and immediately adjacent to the site. e. Spot elevations on a 25-foot grid or break in grade for hard surface and 50- foot grid or break in grade for natural ground. f. Top of curb and gutter elevations for paving on and adjacent to the site (if present). g. Location of all buildings with finish floor elevations. h. Location of visible utilities and appurtenances present at the time of survey. i. Flowline elevations on wastewater manholes, storm drainage manholes and inlets. j. Contours on one-foot intervals. k. Location of trees, including size and general species. City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 10 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 2. Geotechnical Investigation a. Up to 3 boring locations at maximum depth of 25 feet each. 3. Subsurface Utility Engineering Levels B. a. Refer to attached Exhibit for SUE extents/area. b. Quality Level B SUE i. Select and employ the appropriate suite of geophysical equipment to search for existing utilities at the locations specified on the project. For metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable) electromagnetic induction, and magnetic equipment will be employed. We will attempt to designate non-metallic/non- conductive utilities using other proven methods, such as rodding, probing, and Ground Penetrating Radar (GPR). ii. Interpret the surface geophysics and mark the indications of utilities with paint on the ground surface for subsequent depiction on deliverable utility maps. iii. Quality Level "B" markings will be collected in the field using survey grade equipment. Assumptions • Scope of services shall be determined upon request or as required by the design. Additional Services not included in the existing Scope of Services: CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right-of-entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Inspection services • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 11 of 12 ATTACHMENT A DESIGN SERVICES FOR VCWRF PHASE III ELECTRICAL AND SWITCHGEAR IMPROVEMENTS CITY PROJECT NO.:103323 • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, C, or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Construction phase services are not included. • Conformed drawings (included as part of Construction Phase) • Erosion and sediment control plan City of Fort Worth,Texas Attachment A Revised Date:08/09/2021 Page 12 of 12 �1� IIII ��l� Ali @illii I■ IIIIIIIIIIlllB UP OR ON li11111111111 ��ON�°I�i 1I�i�� wi11111111111111111111111nmi 1011 1111111111111111111111111 oil �E ATTACHMENT B COMPENSATION Design Services for Village Creek Water Reclamation Facility Phase III Electrical and Switchgear Improvements City Project No. 103323 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $1,198,820 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Gupta & Associates Inc Project Management & $685,615 57.19% Electrical Design Proposed MBE/SBE Sub-Consultants JQ Infrastructure Structural & Survey Design $111,330 9.29% Mbroh Engineering Electrical Design $168,284 14.04% Non-MBE/SBE Consultants Terracon Geotechnical Design $7,300 0.61% Rios Group SUE $12,500 1.04% Hazen and Sawyer Civil Design $60,705 5.06% Freese and Nicholas Electrical, Mechanical & $153,166 12.78% Architecture Design TOTAL $1,198,820 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE $1,198,900 $279,614 23.32% City MBE/SBE Goal = 10% Consultant Committed Goal = 10% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 a tnur -uwn n m o o � o a] 4• {7 ih a rn a w ro 1 a 9 ''C C `• U) A Al c 1 Z 4t D fn � u � � � m L n b � � O p m m K fD C7 SD N � Q ZD N CL 4 fk N � W > W y C J 7 L F [0 a O o a 3 tea_ C 15 eD rr N A FLry 3 n n 00 ° B CD C eD np_ �3 w r➢ fTk b a n pS a cs aIt m � c n CP A .A} V � N C - CP u4 Q. 3 � r�R mm ` b 3 m PI fi cp 3 ';} n Gupta &Associates Inc. 13717 Neutron Road , Invoice No: "'Draft Dallas TX 75244 9 alias, -7661 Invoice Date: November 14,2021 GAI Project No. City of Fort Worth Water Department 200 Texas St. Fort Worth,TX 76102 Attn: Farida Goderya,PhD.,P.E. RE:Village Creek WRF Phase III Electrical and Switchgear Improvements No. 103323 For Services Rendered through November 1,2021 Total Percent Total Prior Current Description Fee Complete Billed Billed Billed Task I-Project Management/Administration 43,397.00 0.% 0.00 0.00 0.00 Task 11-Design Phase 1,059,640.00 0.% 0.00 0.00 0.00 Task III-Advertisement&Bidding Phase 17,075.00 0.% 0.00 0.00 0.00 Task IV-Special Services' 78,708.00 0.% 0.00 0.00 0.00 Total 1,198,820.00 0.% 0.00 0.00 0.00 'City approval required. Total Due This Invoice $0.00 V. K.Gupta,P.E. Aging Summary Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120 Total 0.00 0.00 0.00 0.00 0.00 0.00 Please Remit Payment To: Gupta and Associates,Inc.at our NEW ADDRESS listed above. Thank You! ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek Water Reclamation Facility Phase III Electrical and Switchgear Improvements City Project No. 103323 No Changes City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 ._ .f .o. $ .3 3 3 3 S S d 3 S S 3rl � n '� � 31S Sq S � S S 'a � �_ � � S •y 5i 8 � �° � a. e v 3 �I fy � f }. ............. _ a ...........................—._......._.._....-.... ......... ..,„.............................. ..... b .................. ._...... ................_............... ..........._................ �.T. � 3 S �+ ................... - 3 3 fix. Attachment E W' toil :-'.`•` ' VILLAGE CREEK WATER -rA�_;:; RECLAIMATIQN FACILITY ON 1 ' c - - re .f + �f LLl ti LLWA . .r GRr-EN'C)AKS'BLVQ r. ''• r •!!• � •++{ '1. - � r - }' � � � '- - -;� "Y .- r N W L'AMAR REND' `�1 l• A 4 I'• �' f � A���--.�,�f}J�� •r-r , L PARK_ HILL PR Tj_U� ` TiTITL AW - - _ 30 EXIT 26 ' FORTWOR .OAKVVOOD LNl - .n.- , - _ T - ;[ • ,tii�r4 r .-IT •t .. Yiirl lrF kie ■ M Rll�U mowrlF■ y■fir r . A■Flaya E. ��•_.sir, �`: '�. � *� � �.� P' ba 4 �'7r rki ry ' � �- V _41� r 51 � ' I a - � r .:1'l•'1 Fy,f'I 41 i}r�b� `�-��� R��_ ��:• .ate •�i i ( ( Attachment f ( Certificate ofInsurance } } ( ; ( [ [ ( ) ; � ( } ) � ( ( [ [ ( ( : ) ( ! ) } } , ! i ) ) ( ( ( � ( ( � � � r ' Lw 7m/2021 (MM/DD/YYYY) A`"R0 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Risk Strategies NAME: Brian R Hadar 12801 North Central Expy. Suite 1710 A//CNN Ext: 214 323-4602 FAX (A/C, 214 503-8899 Dallas, TX 75243 E-MAIL ADDRESS: certificatedallas@risk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Twin City Fire Insurance Company 29459 INSURED INSURERB: Travelers Casualty and Surety Co America 31194 Gupta &Associates, Inc. INSURERC: Chubb National Insurance Company 10052 13717 Neutron Rd Dallas TX 75244 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 63185880 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD MM/DD A �/ COMMERCIAL GENERAL LIABILITY ✓ `/ 84SBWBC3906 8/1/2021 8/1/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE 11/1 OCCUR PREMISES Ea occurrence) ccuence $1,000,000 Contractual Liab MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ✓ ✓ 84SBWBC3906 8/1/2021 8/1/2022 EaacccdentsINGLELIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY I NJU RY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident A �/ UMBRELLA LIAB �/ OCCUR 84SBWBC3906 8/1/2021 8/1/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION ✓ 71795593 4/5/2021 4/5/2022 �/ STATUTE OERH AND EMPLOYERS'LIABILITY Y/N OFFICER/MEMBER EXCLUDED?ECUTIVE ❑N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liability ✓ 107204522 1/17/2021 1/17/2022 Per claim $3,000,000 Annual Aggregate $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of the certificate holder on all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Master Certificate THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 47 Brian Hadar * I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 63185880 1 21/22 GL/AL/UL/WC/PL Ronna Dans 8/3/2021 11:40:38 AM (EDT) I Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September28, 2021 REFERENCE NO.: **M&C 21-0768 LOG NAME: 60VCWRFPIIIELECTRICAL-GUPTA SUBJECT: (CD 5) Authorize Execution of an Engineering Agreement with Gupta and Associates, Inc. in the amount of$1,198,900.00 for the Design of Phase III Electrical Improvements at the Village Creek Water Reclamation Facility, Adopt Attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Gupta and Associates, Inc., in the amount of$1,198,900.00 for the Design of Phase III Electrical Improvements 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 Phase III Electrical Improvements,(City Project No. 103323); and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and sewer Commercial Paper Fund by increasing appropriations in the amount of$1,375,650.00 in the Village Creek Water Reclamation Facility Phase III Electrical Improvements project (City Project No. 103323) and decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount. DISCUSSION: The Village Creek Water Reclamation Facility (VCWRF) has a critical and complex electrical system. On September 24, 2013, Mayor and Council Communication (M&C) C-26477, the City Council awarded the execution of an engineering agreement to conduct a power study, which included an electrical equipment evaluation, short circuit study, protective device coordination study, arc flash analysis, and field labeling of arc flash hazards. That study also identified several areas of the plant needing investment to rehabilitate and/or replace aging electrical infrastructure. These improvements have been designed and implemented in a number of phases. The VCWRF Primary Area Switchgear Improvements (Phase I Electrical Improvements)were completed in December 2020. The VCWRF Phase II Electrical and Switchgear Improvements Project is currently in construction. This Phase III is a continuation of electrical upgrades needed at VCWRF and will include electrical, controls, and switchgear improvements in the following areas: Return Sludge Pump Stations 3, 5, and 8 (RS3, RS5, and RS8); Final Effluent Pump Station 1 & 3 (FE1 and FE3) areas; Backwash Area; and Sulphur Dioxide (SO2) area. Gupta and Associates, Inc., proposes to perform the necessary work for a fee not to exceed $1,198,900.00. In addition to the contract amount, $176,750.00 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 http://apps.cfwnet.org/ecouncil/printme.asp?id=29316&print=truc&DoeTypc=Print 10/2/2021 proceeds. Funding for the Village Creek Water Reclamation Facility Phase III Electrical Improvements project, are as depicted below: ExistingAdditional Funding Project Total Appropriations Appropriations W&S Commercial $0.00 $1,375,650.00 $1,375,650.00 Paper Fund 56020 Project Total J= $0.0011 $1,375,650.00 $1,375,650.00 Business Equity: Gupta and Associates Inc. is in compliance with the City's Business Equity Ordinance by committing to a 10 percent Business Equity participation on this project. The City's Business Equity goal on this project is 10 percent. This project serves the entire City and is physically located in COUNCIL DISTRICT 5. 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 VC PH3 Electric Switchgear Imp project to support the approval of the above recommendations and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO _ n— FROM Fund Department Account Project Program ctdget Reference #�� ID ID ear (Chartfield 2) Fund Department ccoun Project Program ctivity 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: Farida Goderya (8480) ATTACHMENTS 1. 60VCWRFPIIIELECTRICAL - GUPTA FID Table (WCF 09.07.21).xlsx (CFW Internal) 2. 60VCWRFPIIIELECTRICAL - GUPTA Reimb Resolution.pdf (Public) 3. 60VCWRFPIIIELECTRICAL-GUPTA 1295 Form.pdf (CFW Internal) 4. 60VCWRFPIIIELECTRICAL-GUPTA Compliance Memo.pdf (CFW Internal) 5. 60VCWRFPIIIELECTRICAL-GUPTA funds availability.docx (CFW Internal) 6. 60VCWRFPIIIELECTRICAL-GUPTA Map.pdf (Public) 7. 60VCWRFPIIIELECTRICAL-GUPTA 56020.docx (Public) 8. 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