HomeMy WebLinkAboutContract 61337CSC No. 61337
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 Bartlett & West, Inc., authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Village Creek Water Reclamation Facility Biogas Storage
System — Project No. 104941.
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 $247,609.00 asset 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 VCWRF Biogas Storage System
Standard Agreement for Engineering Related Design Services 104941
Revised Date: 12-08-2023
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OFFICIAL RECORD
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. Designation of Engineer's Personnel
(1) The ENGINEER and CITY shall agree upon the
designation of the ENGINEER's "Project Manager" prior to starting work on
contract.
(2) ENGINEER shall inform CITY in writing of a proposed
change to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. 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.
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(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.
E. 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.
F. 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
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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.
G. 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.
H. 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.
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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.
J. 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 No.
25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of
Ordinances, as amended, and any relevant policy or guidance documents),
Engineer acknowledges the MBE and WBE goals established for this
Agreement 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.
K. 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
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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.
L. 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.
M. 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 respondeat superior shall not apply.
N. 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.
O. 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.
P. 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,
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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.
Q. 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.
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Revised Date: 12-08-2023
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E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
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.
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(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. 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.
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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.
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,
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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
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.
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
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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
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"
City of Fort Worth, Texas VCWRF Biogas Storage System
Standard Agreement for Engineering Related Design Services 104941
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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 2276 of the
Texas Government Code, 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 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 2276 of the Texas Government
Code. To the extent that Chapter 2276 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, 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. 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
City of Fort Worth, Texas VCWRF Biogas Storage System
Standard Agreement for Engineering Related Design Services 104941
Revised Date: 12-08-2023
Page 13 of 15
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:
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 VCWRF Biogas Storage System
Standard Agreement for Engineering Related Design Services 104941
Revised Date: 12-08-2023
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Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
'5�. C4—
Fernando Costa
Assistant City Manager
Date: Apr 26, 2024
ATTEST:
Jannette Goodall
City Secretary
BY:
ENGINEER
Bartlett & West, Inc.
A
d re rig h
Sr. Vice President
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off° °0p''o Date:4/2312024
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APPROVAL RECOMMENDED:
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BV:Christopher lda e ?6, 202416:35 CDT)
Chris Harder, P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY
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By: Douglas Black (Apr26, 202417:52 CDT) M &C No.:
7 Douglas W Black
Sr. Assistant City Attorney M&C Date
Form 1295 No.
Contract Compliance Manager:
24-0179
02/27/2024
2023-1078012
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirQments. _
Pradip Chakraborti, P.E.
Project Manager
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
Page 15 of 15
VCWRF Biogas Storage System
104941
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
ATTACHMENT A
Scope for Enqineerina Desian Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY BIOGAS STORAGE SYSTEM
CITY PROJECT NO.: 104941
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. For the purposes of this scope,
ENGINEER will refer to Bartlett & West unless specifically stated.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design — NOT USED
Task 4. Final Design — NOT USED
Task 5. Bid Phase Services - NOT USED
Task 6. Construction Phase Services - NOT USED
Task 7. ROW/Easement Services — NOT USED
Task 8. Survey and Subsurface Utility Engineering Services - NOT USED
Task 9. Plan Submittal Checklists - NOT USED
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER shall manage change,
■ communicate effectively,
■ coordinate internally and externally as needed, and
■ proactively address issues with the CITY's Project Manager and others as
necessary to make progress on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 1 of 8
ATTACHMENT
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
• Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• Conduct review meetings with the CITY at the end of each design phase
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the Water
Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at
the end of the project
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• 6 MWBE reports will be prepared
• 4 meetings with city staff
• 6 monthly water department progress reports will be prepared
• 6 monthly project schedule updates will be prepared
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly MMBE Report Form and Final Summary Payment Report Form
City of Fort Worth, Texas
Attachment A
PMO Release Date:
Page 2 of 8
ATTACHMENT
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to
■ Study the project,
■ Identify and develop alternatives that minimize flaring of biogas, maximize
beneficial reuse of biogas, and provide the best economic value to the CITY.
■ Present (through the defined deliverables) these alternatives to the CITY
■ Recommend the alternatives that successfully addresses the project goals, and
■ Obtain the CITY's endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. NOT USED
2.2. Current Biogas Flaring Evaluation
• Data Collection
o ENGINEER shall provide a comprehensive data request at the beginning of
the project that includes a listing of the anticipated data required for
completion of the project. ENGINEER shall request additional data as
needed.
• Flaring Evaluation
o ENGINEER will evaluate 10 years of plant biogas production and biogas flow
rate through the flares to determine trends in flaring.
o Using the historical biogas production and flaring flow data, ENGINEER will
evaluate durations, frequencies, and potential causes of flaring to identify gas
flaring that can be avoided with storage and controls improvements.
ENGINEER will evaluate the volume of biogas that can be diverted from the
flares as a function of biogas storage volume at current and at plant's
permitted capacity of 166 mgd for the following alternatives: 1) equipment
outages, 2) biogas storage for up to 3 days of biogas production and 3) third -
party biogas end users.
• Task 2.2 is to be completed by our subconsultant Hazen and Sawyer.
2.3. Evaluation of Alternatives to Minimize Flaring
• Using the biogas storage volumes for 1) equipment outages, 2) biogas storage
for up to 3 days of biogas production and 3) third -party biogas end users;
ENGINEER will evaluate the following means of biogas storage taking into
account the future digester gas compressor controls upgrade:
o Storage at 50 psig using existing compressors.
o Storage at 400 psig using additional compressors.
City of Fort Worth, Texas
Attachment A
PMO Release Date:
Page 3 of 8
ATTACHMENT
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
o Storage in installed biogas tanks vs rented biogas tank trailers.
o Uncompressed and 4,000 psig biogas storage will not be evaluated.
ENGINEER using our subconsultant Hazen and Sawyer will evaluate any
associated changes required to the digester gas compressor control system.
• ENGINEER will develop opinion of probable construction costs (OPCC) including
site plan figures show footprint of proposed storage options for up to four options.
OPCC will include any costs for changes to digester gas compressor control
system.
• ENGINEER using our subconsultant Hazen and Sawyer will evaluate the
following alternatives other than biogas storage to reduce or prevent flaring:
o Sludge Storage to allow ceasing sludge feed to the digesters during biogas
process outages or weekends. Evaluation will estimate required sludge
storage volume, potential means of storing sludge such as repurposing
abandoned gravity thickeners or DAFT tanks, and the reduction in biogas
flaring resulting from the sludge storage.
o All analysis will be done using desktop models of gas production and
published decay rates.
o Two sludge storage alternatives will be presented at Workshop 1 and one
alternative will then be chosen by CITY for development of layout, capital
cost, and O&M costs to implement this alternative.
o The following scope items are not included in this Scope of Work and may be
added by amendment if desired: Evaluation of sludge tank mixing
technologies, evaluation of structural suitability for storage -related
improvements, condition assessment and estimation of condition -related
repair costs.
• Arlington Landfill Coordination
o ENGINEER will coordinate with CITY and Arlington Landfill to determine
operational considerations that currently cause continuous flaring at Village
Creek WRF during Renewable Natural Gas processing at Arlington Landfill.
This coordination is to obtain information needed for the storage alternatives
and plant controls evaluations. Part of this task will include a site visit.
o CITY to provide contact at Arlington Landfill and assist in obtaining their input
where required to expedite the evaluation process.
o This task will be performed by our subconsultant Hazen and Sawyer.
• Plant Controls Evaluation
o ENGINEER using our subconsultant Hazen and Sawyer will evaluate
changes to plant and Arlington Landfill control systems including evaluating
telemetry options to reduce or prevent biogas flaring and to incorporate
biogas storage into biogas operations. ENGINEER will develop a functional
description of modified biogas operations. ENGINEER will estimate the cost
City of Fort Worth, Texas
Attachment A
PMO Release Date:
Page 4 of 8
ATTACHMENT
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
savings from reduced flaring for the proposed control upgrades. ENGINEER
will estimate the cost of any changes to controls required to implement the
proposed control upgrades.
2.4 Update Village Creek Water Reclamation Facility Gas Development Plan
• ENGINEER will update the Biogas Upgrading Technology portion of the VCWRF
— Gas Development Plan. The evaluation will include an evaluation of the
Electrical upgrades required for these technologies. The electrical and I&C
portion of this evaluation is intended to be performed by our subconsultant Gupta
& Associates, inc. The following technologies will be evaluated.
o Membrane separation
o Amine scrubbing
o Water wash
o Pressure Swing Adsorption (PSA)
• ENGINEER will update the alternatives for a new RNG facility including sizing,
location, estimated capital cost, estimated O&M costs.
• Provide commentary on the effort required for Renewable Fuels Standard (RFS)
compliance and RNG marketing and offtake, including 3rd party options.
• Provide recommended options based on the most economical use of the biogas
generated.
2.5 Gas Utilization Evaluation
• ENGINEER in cooperation with our subconsultant Hazen and Sawyer, will
evaluate the relative value and operational considerations associated with the
selected storage options, including gas and storage costs, from task 2.3 for the
following potential uses for the biogas:
o Use at VCWRF / Synagro Biosolids Dryer
o Optimized transfer to Arlington Landfill for RNG processing
o RNG processing by FWW at VCWRF
• ENGINEER in cooperation with our subconsultant Hazen and Sawyer, will
evaluate the economic value to FWW biogas production. The value will be
considered for each of the above potential uses.
o For biogas sent to Arlington Landfill, ENGINEER will assume a range of
percentages of RIN values.
o The OPCC, operating and maintenance costs will be compared to
savings from reduction in flaring to determine a simple payback duration
for each storage solution as well as for plant controls optimization.
2.6 Conclusion and Recommendations
City of Fort Worth, Texas
Attachment A
PMO Release Date:
Page 5 of 8
ATTACHMENT
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
• ENGINEER in cooperation with our subconsultant Hazen and Sawyer, will
provide summary recommendations for FWW biogas operations and
improvements based on the above evaluations.
2.7 Technical Memoranda and Workshops
• ENGINEER in cooperation with our subconsultant Hazen and Sawyer, will
present initial findings in Workshop 1 (Gas Storage). CITY decisions during this
workshop will be used to conclude the evaluation and compose the draft
Technical Memorandum as follows.
For all the content listed in Section 2.2 through 2.6, ENGINEER in cooperation
with our subconsultant Hazen and Sawyer, will develop a combined draft
Technical Memorandum to be submitted to the CITY. The technical
memorandum will provide background on proposed improvement or issue,
document the evaluation process, present options with cost information (AACE
Class 4 Opinion of Probable Construction Cost; operations and maintenance
cost; payback analysis, where applicable) and provide preliminary scoring criteria
and weighting for ranking options.
• After submission of draft Technical Memoranda, ENGINEER in cooperation with
our subconsultant Hazen and Sawyer, will conduct Workshop 2 (Gas Utilization),
a half -day workshop with the CITY. During Workshop 2, ENGINEER will present
an overview of the draft technical memorandum.
• ENGINEER in cooperation with our subconsultant Hazen and Sawyer, will
conduct Workshop 3 after incorporating comments on the options presented in
previous workshop. During workshop ENGINEER will use a decision -making tool
to numerically rate and rank the options for the Biogas Storage System
evaluation.
2.9 Conceptual Design Package —
The Conceptual Design Package will be included as part of the Technical
Memorandum. This scope is understood to include the following:
o Preliminary General Arrangement Drawing
o Preliminary Process Flow Diagram
o Preliminary P&IDs
o Preliminary One -Line Diagram
0
DELIVERABLES
A. Draft and Final submissions of the Biogas Storage System Technical
Memorandum.
ASSUMPTIONS
0 Geotechnical borings are expected for this project.
City of Fort Worth, Texas
Attachment A
PMO Release Date:
Page 6 of 8
ATTACHMENT A
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
• 6_ copies of the conceptual design package (30% design) will be delivered.
Report shall be letter sized and comb- bound with a clear plastic cover.
Drawings will be 11x17 size fold outs bound in the report
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• ENGINEER shall prepare the meeting minutes of the Workshop meetings and
revise the report, if needed.
• ENGINEER shall not proceed with Preliminary Design activities without obtaining
written approval by the CITY of the Conceptual Design Package.
ENGINEER shall assume typical values for HSW tipping fees for the evaluations. A
local market analysis of available tipping fees is not part of this project.
DELIVERABLES
B. Technical Memoranda
TASK 3. PRELIMINARY DESIGN (60 PERCENT). — NOT USED
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT). — NOT USED
TASK 5. BID PHASE SERVICES. — NOT USED
0
TASK 6. CONSTRUCTION PHASE SERVICES. — NOT USED
TASK 7. ROW/EASEMENT SERVICES. — NOT USED
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. — NOT
USED
TASK 9. — NOT USED
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existina 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
City of Fort Worth, Texas
Attachment A
PMO Release Date:
Page 7 of 8
ATTACHMENT
DESIGN SERVICES FOR
VCWRF BIO-GAS STORAGE SYSTEM PROJECT
CITY PROJECT NO.: 104941
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
• Negotiation of easements or property acquisition including temporary right -of -
entries.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection and
re -bidding of the contract for construction.
• Construction management and inspection services
• Periodic site visits during construction phase
• Design phase public meetings
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services related to submitting for permits (ie.TxDOT, railroad, etc...)
• Services related to Subsurface Utility Engineering Levels A, B, C or D
• Services related to Survey Construction Staking
• Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary right -of -entries.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Construction Shop drawing review, samples and other submittals submitted by
the contractor.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date:
Page 8 of 8
ATTACHMENT B
COMPENSATION
Design Services for
Village Creek Water Reclamation Facility Biogas Storage System
City Project No. 104941
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $247,609.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies, and
equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
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
Revised Date: 12/9/2022
Page 1 of 3
AM
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Bartlett & West PM, Bio-gas Storage Eval
Proposed MWBE Sub -Consultants
Gupta & Associates, Controls work related to the
Inc. bio-gas storage evaluation
Non-MWBE Consultants
Hazen & Sawyer Biogas storage evaluation
Fee Amount %
$114,739 46%
$12,500 5%
$120,370 49%
TOTAL $247,609 100%
Project Number & Name Total Fee MWBE Fee MWBE %
VCWRF Biogas Storage System $:247,609 1 $ 12,500 50%
City MWBE Goal = 5 % Consultant Committed Goal = 5 %
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 4
LIM
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
Revised Date: 12/9/2022
Page 3 of 3
LIM
Professional Services Invoice
Project Manager:IPradip Chakraborti Summary
Project: Villagqe Creek Water Reclamation Facility Biogas Storage System
City Project #: 104941
Po #
City Sec Number: N/A
Supplier Instructions:
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
Company Name: Bartlett & West, Inc.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
Consultant's PM: James Krumwied
email: liames.krumwied(abartwest.com I
Supplier Invoice #: 21447
Office Address:14500 Mercantile Plaza Drive, Suite 301, Fort Worth, TX 76137
Payment Request #:
Telephone: 1(817) 306-1980
Service Date:From
Fax: I
Service Date:To
Invoice Date:
Remit Address:)
Sheet FID and Work Type Description
Work Type 1 Sewer Desiqn
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Invoice
Agreement LTD
Agreement Amendment Amount to Completed Percent ($) Invoiced Current
Amount Amount Date Amount Spent Previously Invoice
$247,609.00 $247,609.00
$247,609.00 $247,609.00
Overall Percentage Complete:
Remaining
Balance
$247,609.00
$247,609.00
Professional Services Invoice Project Manager: IPradlp Chakrabortl
Project: Village Creek Water Reclamation Facility Biogas Storage System
City Project #: 104941
Work Type Desc: 1 supplier Instructions:
FID:
City Sec Number: NIA Fill in green cells including Percent Complete and Invoiced Previously Quantities
Purchase Order: When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
CompanyName: Bartlett & West, Inc.
Consultant's PM: James Krummed
Supplier invoice #: 21447
Payment Request #:
Service Date:From
Service Date:To
Invoice Date:
Pay Items
Description
30 - Desiqn Sewer
email: james.krumwiedQi)a-Ewest.coni
Office Addres s:1 4500 Mercantile Plaza Drive, Sute 301, Fort Worth, TX76137
Telephone: (a17) 30Cr1980
Fax:
rtis rl n. ,Kuui eS5
Agreement LTD
Agreement Amendment Amendment Amount to Completed
Amount Number Amount Date Amount
$247,609.00 $247,609.00
Percent ($)Invoiced
Current Remaining
Invoice Balance
$247,609.00
Totals This Unit: $247,609.00 $247,609.00 $247,609.00
Overall Percentage Complete:
Level of Effort Spreadsheet
TASKMOUR BREAKDOWN
Design Services for
Village Creek Water Reclamation Facility Bio-Gas Storage System
City Project No. 104941
Task No.
$247,609
Task No.
Task Description
Rate
Project
Director
Wright
$250
Project
Manager
Krumwied
$235
Labor
oject
EnPrgineer
Freed/Yost
$235
(hours)
EIT
Euceda
$150
CADD
Zaun
$184
Administrative
$106
Total Labor
Cost
E
Subconsultant
5.0% 49%
MWBE Non-MWBE
ense
Travel
Reproduction
Total Expense
Cost
Task Sub Total
%Complete
Budget
Remaining
1.0
1.1
1.1.1
1.1.�
1.2
1.2.1
1.2.
1.2.
1.2.4
1.2..5.II
1.2.q
1.2.
project Management
anagirL the Team
Intern Team Meetings (6 mtg)
QA/QC
Communications and Reporting
Pro;lcl Kickoff Meeting (On -site)
Nd USED
NOT USED
Prepare Baseline Schedule
Prepare Monthly Progress Reports with
Schedule
Pre�are Monthly MBE/SBE Reports
Invoicing
30
6
16
8
27
6
8
4
6
3
0
25
6
4
9
6
0
0
$17,595
$2,000
E8,148
$5,000
$0
$15,148
$32,743
$3,810
1 $5,968
1
$2.000 $2,180 $5,000
$5,968
$9,778
$4,000
$0
$4,000
$3,880
$0
$9,180
$13,060
$0
$0
$0
$1,540
$0
$0
$0
$1,540
$2,760
$0
$2,760
$1,605
$0
$0
$1,6 05
$0
$0
2.0
2.1
2.2
2.3
2.3.1
2.3.2
2.3.3
2.4
2.5
2.7
2.7.1
2.7.2raft
2.7.3
2.7.4
2.7.5
1 1
Conceptual Design(30-Percent)
JOT USED
31ogqas Flaring Evaluation
-valuate Alternatives to Minimize Flaring
3io as Storage Alternatives Evaluation
Jonor�ye Alternatives Evaluation
arlington Landfill Coordination
jpdate VCWRF Gas Development Plan
Gas Utilization Evaluation
Technical Memoranda and Workshops
Workshop 1 (On -site)
Technical Memorandum
orkshoR2(On-site)
kinalize TM
orkshop3
36
4J
Q
4J
4�
2J
g
116
4
24
8
4
24
8
8
12
8
8
8
16
1680
212
80
20
16
16
20
6
8
4
0
$75,500
$10,500
$112,222
$10,000
$0
$132,722
$208,222
$0
$0
$18,680
S3.000 $5,870
$21,540
$9,280
$7.500 $0
$7,860
$3,220 $5,006
$32,196
$3,220 $5,006
$7,136
$3,220
$0
$0
$940
$18,680
$19,620
$22,872
$1,880
$8,870
$31,742
$21,540
$23,420
$940
$20,112
$9,280
$10,220
$7,500
$27,612
$5,380
$7,860
$13,240
$6,956
$8,220
$8,220
$32,196
$39,152
$3,880
$4,780
$8,220
$12,100
$7,136
$11,916
1 $3,8891
S0
$3,2201
$7,100
$0
$0
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Dale: 8.09.2012
1 of 3
Level of Effort Spreadsheet
TASKMOUR BREAKDOWN
Design Services for
Village Creek Water Reclamation Facility Bio-Gas Storage System
City Project No. 104941
Task No.
Task Description Project
$247,609
Director
Wright
Task No.
Project
Manager
Krum$Z 5
Labor
Project
Enqineer
Freed/Yost
(hours)
EIT
Euced.$150
CADD
Zaun
Administrative
Total Labor
Cost
$0
E
Subconsultant
MWBE I No MWBE
$0 $0
ense
Travel
$D
Reproduction
$0
Total Expense
Cost
$0
Task Sub Total
$0
%Complete
Budget
Remaining
Rate $50
3.0 reliminary Design (60 Percent) 0
$184
$106
0
0
0
0
0
4.0 final Design (assume 12,400 LF)
$0
$0
$0
$0
$0
5.0
lBid Phase
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
6.0
Construction Phase Services
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
7.0 ROW/Easement Services
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
8.0
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
LSurvey
9.0 Permittin -NOT USED
01
01
01
01
01
0
$0
$0
$0
$0
$0
$0
$0
10.0
(additional Services
$0
$0
$0
$0
$0
$0
$0
10.1 Atldilional Services, as directed by City
Totals
$0
$0
$0
661
1431
161
2371
201
0
$93,095
$12,5001
$120,3701
$15,000
$0
$147,8701
$240,965
Project Summary
Total Hours
482
Total Labor
$93,095
Total Expense
$147 870
MBE/SBE Subconsultan
$1216
Non-MBE/SBE Subconsultan
$120 370
5% Sub Markup
$6,�44
MBE/SBE Participation
5.0%
Total Project CosI
$247,609
$249,926.00
-$2,317.50
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Dale: 8.09.2012
2 of3
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Village Creek Water Reclamation Facility
Biogas Storage System
City Project No. 104941
No Changes
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
ATTACHMENT D
ID
Task
Task Name
Duration
Start
Finish 1st Quarter
1
Mode
�
Engineer Agreement NTP
1 day
Fri 1/19/24
Jar
Fri 1/19/24 I
2
aP
Conceptual Design
109 days
Wed 5/1/24
Mon 9/30/24
3
Kick -Off Meeting
1 day
Wed 5/1/24
Wed 5/1/24
4
Client Provided Data Request
1 day
Wed 5/1/24
Wed 5/1/24
5
Receipt of Client Provided Data
1 wk
Thu 5/2/24
Wed 5/8/24
6
2.2 Flaring Evaluation
15 days
Thu 5/9/24
Wed 5/29/24
7
2.3 A - Evaluation of storage volumes and pressures
15 days
Thu 5/23/24
Wed 6/12/24
8
2.3 B - Eval Changes to DG Comp Control
10 days
Thu 5/30/24
Wed 6/12/24
9
2.3 C - Storage Options OPCC & Plans
15 days
Thu 6/13/24
Wed 7/3/24
10
2.3 D - Eval Non -Storage Alternatives
20 days
Thu 5/30/24
Wed 6/26/24
11
2.3 E - Arlington Landfill Coordination
20 days
Thu 5/30/24
Wed 6/26/24
12
2.3 F - Plant Controls Evaluation
10 days
Thu 6/20/24
Wed 7/3/24
13
2.4 A - Update VCWRF - Gas Development Plan
25 days
Thu 5/23/24
Wed 6/26/24
14
2.4 B - Update Alternatives for RNG Facility
10 days
Thu 6/20/24
Wed 7/3/24
15
FWWD Review
5 days
Thu 7/4/24
Wed 7/10/24
16
Workshop 1- Storage Alternatives
1 day
Thu 7/11/24
Thu 7/11/24
17
Finalize Tasks 2.2, 2.3, 2.4 A, and 2.4 B
10 days
Fri 7/12/24
Thu 7/25/24
18
2.4 C - RFS Compliance, RNG marketing, and offtake
10 days
Fri 7/12/24
Thu 7/25/24
19
2.4 D - Recommended Options
10 days
Fri 7/12/24
Thu 7/25/24
20
2.5 A - Relative Value and Operational Considerations
10 days
Fri 7/26/24
Thu 8/8/24
for gas
21
2.5 B - Biogas Production Value
10 days
Fri 7/26/24
Thu 8/8/24
22
Technical Memorandum
10 days
Fri 8/9/24
Thu 8/22/24
23
FWWD Review
10 days
Fri 8/23/24
Thu 9/5/24
24
Workshop 2 - Gas Utilization (TM Review)
1 day
Fri 9/6/24
Fri 9/6/24
25
Revise TM
10 days
Mon 9/9/24
Fri 9/20/24
26
R,
Workshop 3 - Final TM
1 day
Mon 9/23/24
Mon 9/23/24
Task Project Summary
r
Manual Task
Project:20240416_FWWD Biog Split ................ Inactive
Task
Duration -only [A
Date:
Tue 4/16/24
Milestone ♦ Inactive
Milestone
E%
Manual Summary Rollup
Summary r Inactive
Summary
1
1 Manual Summary r
Page 1
2nd Quarter 3rd Quarter
Feb Mar Ax I Mav Jun Jul Aua Seo
Start -only E Deadline i
. Finish -only ] Progress
External Tasks Manual Progress
External Milestone
4th Quarter
Oct
ATTACHMENT 7"
CERTIFICATE OF INSURANCE
Village Creek Water Reclamation Facility
Biogas Storage System
City Project No. 104941
City of Fort Worth, Texas
Attachment F
DATE (MM/DD/YYYY)
A� " CERTIFICATE OF LIABILITY INSURANCE 4/22/2024
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).
PRODUCER CONTACT
NAME: IMA Wichita Team
IMA, Inc. - Kansas City PHONE FAX
11350 Switzer Rd I (A/C No. Ext): 316-267-9221 (A/C. No):
Suite 200 I ADDRESS: certs@imacorp.com
Overland Park KS 66210 I INSURERS) AFFORDING COVERAGE NAIC #
License#: PC-1210733
INSURERA:
National Fire Insurance Company of Hartford
20478
INSURED
BART&WE-01
INSURER B :
The Continental Insurance Company
35289
Bartlett & West, Inc.
1200 SW Executive Drive
I INSURER C :
Valley Forge Insurance Company
20508
Topeka KS 66615-3850
I INSURERD:
Beazley Insurance Company, Inc.
37540
INSURER E :
American Casualty Company of Reading,
20427
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1371947249 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 IN_cn wvn POLICY NUMBER (MM/DD/YYYY1 IMM/DD/YYYYI
A X COMMERCIAL GENERAL LIABILITY 6042700793 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1 000 000
CLAIMS -MADE � OCCUR
X Contractual
GENT AGGREGATE LIMIT APPLIES PER:
POLICY ❑X PRO LOC
JECT
OTHER:
E AUTOMOBILE LIABILITY
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
B X UMBRELLALIAB OCCUR
EXCESS LIAB �d CLAIMS -MADE
DED I X I RETENTION $ n nnn
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRI ETOR/PARTNER/EXECUTIV 1-
OFFICER/MEMBER EXCLUDED? NI N/A
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
D Professional/Pollution Liability
6042700731
6043288583
6042700745
Cl BE77230801
7/1/2023 7/1/2024
7/1/2023 7/1/2024
7/1/2023 7/1/2024
7/1/2023 7/1/2024
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTYDAMAGE
(Per accident)
Comp/Collision Ded:
EACH OCCURRENCE
(AGGREGATE
X PER
STATUTE EERH
$ 1,000,000
$ 15,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
$ $1, 000/$1, 000
$ 9,000,000
$ 9,000,000
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
Prof/Pol Each Claim
$5,000,000
Prof/Pol Aggregate
$10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
States of North Dakota, Ohio, Washington & Wyoming are not included in the Workers Compensation Coverage.
General Liability Policy includes Stop Gap Liability for North Dakota, Ohio, Washington & Wyoming, subject to the policy terms and conditions.
General Liability Policy includes Contractual Liability for Railroads, subject to the terms, conditions, limitations and exclusions
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fort Worth, Texas ACCORDANCE WITH THE POLICY PROVISIONS.
200 Texas Street
3rd Floor City Hall AUTHORIZED REPRESENTATIVE
Fort Worth TX 76102
TlkxA
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, February 27, 2024 REFERENCE NO.: **M&C 24-0179
LOG NAME: 60VCWRFBIOGSS-B&W
SUBJECT:
(CD 5) Authorize Execution of an Engineering Agreement with Bartlett & West, Inc. in the Amount of
$247,609.00 for Village Creek Water Reclamation Facility Biogas Storage System Project, Provide for
Project Costs for a Total Project Amount of $287,609.00, Adopt Resolution Expressing Official Intent to
Reimburse Expenditures and Proceeds of Future Debt and Adopt Appropriation Ordinance to Effect a
Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Engineering Agreement with Bartlett & West, Inc., in the amount of
$247,609.00 for Village Creek Water Reclamation Facility Biogas Storage System project;
2. Adopt the attached resolution expressing Official Intent to Reimburse expenditures with proceeds of
future debt for Village Creek Water Reclamation Facility Biogas Storage System project; and
3. Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer
Commercial Paper Fund by increasing appropriations in the Village Creek Water Reclamation
Facility Biogas Storage System project (City Project No. 104941) in the amount of $287,609.00 and
decreasing appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) by the
same amount, to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital
Improvement Program.
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize engineering services for the evaluation and
design of a digester bio-gas storage system (temporary or permanent). This project provides for
investigation of bio-gas storage to maximize beneficial usage of the bio-gas and minimize bio-gas waste.
At the Village Creek Water Reclamation Facility (VCWRF), digester bio-gas is captured, routed to bio-gas
compressors and dryers, conveyed to a third party for treatment and purification, and then utilized through
the EPA Renewable Fuel Standard Program. During times when bio-gas cannot be conveyed, the bio-gas
is "flared" (burned off) at the VCWRF. The goal of this project is to minimize biogas flaring at VCWRF by
incorporating biogas storage into the plant process which should result in additional revenues from the
increased amount of biogas that can be sold. Bartlett & West, Inc., proposes to provide the necessary
services for a fee not to exceed $247,609.00. Staff considers the proposed fee to be fair and reasonable
for the scope of services proposed. In addition to the contract amount, $40,000.00 is required for material
testing.
This project is anticipated to be included in a future revenue bond issue for the Water & Sewer Fund.
Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation
authority authorized under the callable Commercial Paper Program (CP) will be used to provide interim
financing for this project until debt is issued. 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 to reimburse itself from tax-exempt bond proceeds
This project will have no impact on the Water Department's operating budget when complete.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of
within the annual budget ordinance, as projects commence, additional funding needs are identified, and
to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water
Department's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program.
Funding is budgeted in the Commercial Paper project within the W&S Commercial Paper Fund.
Funding for the Village Creek Water Reclamation Facility Biogas Storage System project is depicted
below:
60VCWRFBIOGSS-B&W
Budget Revised
Capital Fund Project FY2024 CIP Authority Change FY2024
Name Name Appropriations (Increase/ Budget
Decrease)
104941
56022 — —
W&S Commercial VCWRF $0.00 This M&C $287,609.00 $287,609.00
Paper Biogas
Storage
Funding for the Village Creek Water Reclamation Facility Biogas Storage System project is depicted
below:
Fund Existing Additional Project
Appropriations Appropriations Total*
W&S Commercial
Paper— Fund $0.00 $287,609.00 $287,609.00
56022
Project Total 1 $0.001 $287,609.00�1$287,609.00
Numbers rounded for presentation purposes.
Business Equity: Bartlett and West, Inc., is in compliance with City's Business Equity Ordinance by
committing to five percent Business Equity participation. The City's Business Equity goal on this project is
five percent.
The project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Commercial Paper 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
VCWRF Biogas Storage project to support the above recommendations and execution of the contract.
Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the
availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project ProgramActivity Budget Reference # I moun
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program ctivity Budget Reference # Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manaaer's Office by_ Fernando Costa (6122)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Pradip Chakraborti (4925)
ATTACHMENTS
1. 60VCWRFBIOGSS-B&W 1295.pdf (CFW Internal)
2. 60VCWRFBIOGSS-B&W Compliance Memo. pdf (CFW Internal)
3. 60VCWRFBIOGSS-B&W FID Table2 (WCF 01.03.24).xlsx (CFW Internal)
4. 60VCWRFBIOGSS-B&W Map. pdf (Public)
5. 60VCWRFBIOGSS-B&W.docx (CFW Internal)
6. Commercial Paper balance as of 01.03.24.xlsx (CFW Internal)
7. Entitvinformation Bartlett & West. Inc..pdf (CFW Internal)
8. ORD.APP 60VCWRFBIOGSS-B&W 56022 A024(r3).docx (Public)
9. PBS CPN 104941.pdf (CFW Internal)
10. Res. 60VCWRFBIOGASS-B&W (2)1.docx (Public)
60VCWRFBIOGSS-B&W FID TABLE
1 56022 0700430 5330500 104941 003030 9999 $247,609.00 Contract
land 3) 56022 0700430 5330500 104941 003084 9999 $30,000.00
land 3) 56022 0700430 5310350 104941 003084 9999 $10,000.00