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HomeMy WebLinkAboutContract 62955CSC No. 62955 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and CDM Smith, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Mary's Creek Confluence Lift Station and Walnut Creek Lift Station — Project No. 104944. 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 $3,745,826.00 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. OFFICIAL RECORD Article III CITY SECRETARY Term FT. WORTH, TX 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 Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 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. 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. City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 2 of 15 (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 City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 3 of 15 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. City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 4 of 15 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 City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 5 of 15 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 respondent 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, City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 6 of 15 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. City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 7 of 15 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. City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 8 of 15 (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. City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 9 of 15 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, City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 10 of 15 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 City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 11 of 15 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 Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 12 of 15 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 Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 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 Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 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: CITY OF FORT WORTH Jeslca McEachern Assistant City Manager Date:03/13/2025 ATTEST: V Jannette Goodall City Secretary q44 �n°�u oA.� PO 0, l.o POo 10 o=d �anp nEXA?a p APPROVAL RECOMMENDED: chn,rtovhel- 1tadel- By. Christopher Harrier (Mar 6, 2025 06:32 CST) Christopher Harder, P.E. Director, Water Department APPROVE FORM AND LEGALITY By: Douglas Black (Mar 7, 2025 16:22 CST) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: BY: ENGINEER CDM Smith, Inc. Jessica Veach Client Service Leader Date: 03/03/2025 M&C No.: 25-0155 M&C Date: February 25th, 2025 Form 1295 No.: 2025-1256156 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. Suzanne Abbe, P.E. OFFICIAL RECORD Project Manager CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Standard Agreement for Engineering Related Design Services 104944 Revised Date: 12-08-2023 Page 15 of 15 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 ATTACHMENT A Scope for Enqineerinq Desiqn Related Services for Sanitary Sewer Improvements DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION DESIGN CITY PROJECT NO.: 104944 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. PROJECT DEFINITION AND BACKGROUND The Clear Fork Basin of Fort Worth's wastewater collection system includes downtown Fort Worth, a large portion of southwest Fort Worth, Benbrook, and large planned developments such as Walsh Ranch, Morning Star, and Dean's Ranch. Wastewater produced in the Clear Fork Basin is conveyed approximately 20 miles through downtown Fort Worth to the Village Creek Water Reclamation Facility (VCWRF). The proposed Mary's Creek Water Reclamation Facility (MCWRF) will reduce flows through the congested downtown corridor by capturing and treating flows within its service area. All flow to the MCWRF will initially be pumped to the plant site from Mary's Creek Confluence Lift Station (MCCLS) and the Walnut Creek Lift Station (WCLS). An added influent lift station on the west side of the MCWRF site may be constructed in the future to convey flow from the Mary's Creek Collector Main (Area 4) to the MCWRF influent structure. The initial MCWRF capacity (Phase 1) will have an average day capacity of 10 million gallons per day (mgd) with peak 2-hour capacity of 20 mgd. Phase II capacity will be 15 mgd average day and 30 mgd peak 2-hour. The build out capacity of MCWRF site is 30 mgd and 60 mgd peak 2-hour capacity. Influent peak flows in excess of treatment capacity will be stored in the peak flow storage tanks at MCWRF. However, during extended wet weather, peak flows in excess of treatment capacity may have to bypass the MCWRF and be conveyed to VCWRF for treatment through the existing sanitary sewer system. This will require active controls at the lift stations that can potentially regulate what flows are diverted to the lift station wet wells for pumping to the MCWRF and what flows are allowed to bypass the lift stations. The project also includes connecting the Upper Clear Fork Lift Station (UCFLS) force main to the WCLS and evaluating direct pumping from WCLS to MCWRF. The Wastewater Collection System Master Plan update (2024 Master Plan) identified the M-450* and M-372 sewer line extensions to MCCLS to be upsized to 36-inch and 27-inch, respectively. The Project includes design for the new WCLS and MCCLS facilities to convey wastewater flows to the MCWRF, required flow diversion structures, connection(s) to existing sanitary sewers and proposed force mains (at LS property boundary), and limited upsizing of existing sanitary sewers upstream from the proposed MCCLS. The professional engineering scope of work in support of the Project includes Study and Report Phase (representing 30% level design), final design phase (representing 30%-100% level design), and bidding assistance. Construction phase services are not included as part of this scope and will be part of a subsequent amendment to this agreement. The design City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 (study and report phase and final design phase) duration is expected to be approximately 15-months, followed by a 3-month bidding phase. This Attachment "A" defines the scope of work to be performed by CDM Smith (ENGINEER) in conjunction with developing preliminary and final design, and preparation of construction documents for bidding and construction of the proposed WCLS & MCCLS. SCOPE OF WORK TO BE PERFORMED GENERAL SCOPE OF WORK ASSUMPTIONS In developing this scope of work and associated task budgets discussed in this Agreement, ENGINEER has made the following assumptions outlined below. • Phase 1 Study and Report Phase is expected to be completed within 6 months from notice to proceed. • Phase 2 Final Design and Bidding Assistance is expected to be completed within 15 months (11 months design and 3 months bidding). • Special Services are elements of project required for the project but are outside of standard lift station design. • The CITY will provide design capacities for MCWRF phased expansion. ENGINEER will develop lift station capacity and pump phasing plan to coincide with MCWRF phasing plan. • The CITY will provide preliminary force main size and route, including vertical alignment. • The CITY will identify sewer mains for flow diversion. • The CITY will provide digital hydrologic and hydraulic modeling files from previous flood plain feasibility studies for both sites. Project will include two design and bid packages, one for each lift station site. • Project includes design of a single wet well lift station with no dry pit pump area or building over the wet wells. A CMU type building will be designed for the electrical room only. There will be no drive -through bays and no screening/grit removal at the lift stations. Mechanical equipment visible from the street will be screened in an opaque manner to comply with City of Benbrook ordinances. • Project includes standard wet well design with submersible solids handling pumps. A wet well configuration evaluation Technical Memorandum is not included in this scope of services. However, ENGINEER will determine required footprint for each Attachment A Page 2 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 wet well configuration type to use in part of site evaluation and select a configuration that works best with site constraints. • Grid bee mixers will be considered in design to keep solids suspended and reduce fats, oils, and grease buildup within the wet well. • Project includes design for odor control system for odorous air from the wet well and diversion box and design for chemical injection system for force main odor control at each site. • For budgeting purposes, an approximate 3,000 linear foot route is assumed for the proposed 27-inch sanitary sewer extension from the existing M-372 gravity sewer to the MCCLS site. Any changes to the route will be an additional service. • It is understood that the CITY is developing a fully developed condition hydrology analysis for Mary's Creek and the unknown tributary confluence east of MCCLS site and will provide ENGINEER the hydrology analysis and discharges to use for hydraulic modeling. If the fully developed condition hydrology analysis is not available for ENGINEER's use, then it will be additional services for ENGINEER to develop a fully developed condition hydrology analysis for the discharges used for this Project. • Environmental permitting will be done by Others, including but not limited to environmental constraints analysis, jurisdictional waters assessment, hazardous materials screening, endangered species review and cultural resources survey. • Funding assistance will be provided by Others. • Force main design engineer will extend the force main segments to the lift station site property boundary. ENGINEER will extend force main from lift station site property boundary to/from lift station. • Temporary right of entry (TROE) and access to the sites (lift station sites and adjacent properties as needed) is to be provided by the CITY. • Work will conform to local, state, and federal requirements. Consideration will be given to Water Environment Federation (WEF) Manuals of Practice, Texas Commission on Environmental Quality (TCEQ), Hydraulic Institute Standards, International Building Codes, and other applicable industry practices during the development of this project. • No confined spaced entry will be conducted as part of this Project. • Applicable regulatory authorities are: - City of Fort Worth Water - City of Fort Worth Planning - City of Fort Worth T/PW - City of Fort Worth Code Compliance/Building Permits Attachment A Page 3 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 City of Fort Worth Stormwater/Floodplain City of Benbrook Stormwater/Floodplain City of Benbrook Public Works City of Benbrook Planning City of Benbrook Code Compliance/Building Permits Benbrook Water Authority TxDOT USACE TCEQ Tarrant County Union Pacific FEMA TPWD - THC - Franchise Utilities BASIC SERVICES SCOPE OF WORK ENGINEER will provide the following basic professional engineering services in support of the design development and bidding of the Project: Phase 1 — Studv and Report Phase Task 1.1 Project Management Task 1.2 Project Meetings Task 1.3 Information and Data Collection Task 1.4 Conceptual Evaluations Task 1.5 Preliminary Design (30% PDR and Drawings) Phase 2 — Final Design and Biddinq Assistance Task 2.1 Project Management Task 2.2 Project Meetings Task 2.3 Final Design (60%, 90%, 100%) Task 2.4 Bidding Assistance The specific scope of work for each of the above basic services tasks is as follows: PHASE 1 — STUDY AND REPORT BASIC SERVICES TASK 1.1 PROJECT MANAGEMENT ENGINEER will perform project management duties throughout the Study and Report Phase of the Project as described below. General Proiect Manaqement • Lead, manage and direct design team activities. • Review project budget and schedule weekly and communicate internally among team members regarding task budget status. Attachment A Page 4 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 • Review project monthly and assess risk, budget, schedule, out of scope items, and on -time delivery metrics. • Implement ENGINEER's quality assurance and quality control practices in performance of the work. • Communicate internally among team members. • Task and allocate team resources. Communications and Reporting • Prepare and submit invoices and progress reports monthly in the standard CITY format. • Prepare and submit baseline Project design schedule initially, and Project design schedule updates with a schedule narrative monthly. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with permitting authorities, other agencies and entities as necessary for the design of the proposed improvements and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER will communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER will work with regulatory authorities to obtain approval of the designs, and make necessary changes to meet their requirements. • Utilize CITY's e-builder document management system to provide all documentation related to the project, including: - Monthly status reports on project progress - Decision log and information needs documents - Meeting minutes - Draft and final documents - Other project documents Task 1.1 Work Products o Up to 6 monthly invoices and progress reports (electronic .pdf file) o Up to 6 monthly schedule updates (electronic .pdf file) o Up to 6 monthly MWBE reports (electronic .pdf file) o Correspondence with permitting authorities (electronic .pdf file) TASK 1.2 PROJECT MEETINGS During the Study and Report Phase of the Project, ENGINEER will provide project meetings as follows: Attachment A Page 5 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 Kick -Off Meeting/Project Qualitv Management Workshop ENGINEER will conduct a one-half day (4-hour) project kickoff/project quality management (PQM) workshop with CITY staff at the onset of work to collaboratively establish project objectives and overall success factors goals and identify potential challenges and mitigation steps to minimize impacts to the project progression. The workshop will be used to confirm and clarify scope, define communication protocol, identify CITY objectives and expectations, and develop framework for economical and functional designs that meet CITY requirements. Proiect Progress and Coordination Meetings Project progress meetings will be held during the project with CITY staff and MCWRF and force main (FM) design engineers to discuss aspects of the project presently underway, project schedule, and upcoming issues. These meetings will generally be about one hour in duration and are not intended to be formal presentations. It is assumed that up to three (3) of the ENGINEER's team members will attend the meetings to discuss pertinent issues. Up to 3 progress and coordination meetings are planned for this phase of the project and will be 1-hour in duration and virtual Teams meeting. Task 1.2 Assumptions o Up to three (3) ENGINEER team members will attend meetings. o Up to 3 progress and coordination meetings are planned. o Meetings will be 1-hour induration and virtual Teams meeting. Task 1.2 Work Products o Meeting agenda and summaries. (electronic .pdf file) TASK 1.3 INFORMATION AND DATA COLLECTION Under this task, ENGINEER will: • Coordinate with CITY to obtain the necessary information to support the study phase efforts including previous reports, existing record drawings of connecting sewer mains, available survey data and CAD files, and other data as may be appropriate. Engineer will be able to rely on the accuracy of the City -provided information and data while compiling the required deliverables. • Identify and obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), CITY Master Plans, and property ownership as available from the Tax Assessor's office. • Request existing condition data (CITY & others as needed), including: - (CITY) Odalog data - (CITY) Water quality data - (CITY) All applicable existing metered flow data & record drawings. (water & sewer) - Request all pertinent record drawings, documents, utility plans, plats, right-of- way maps, easements, contours, etc. Attachment A Page 6 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 • Coordinate with franchise utilities in the area and obtain record information pertinent to the Project, where available. Document existing project conditions via site visit(s) to obtain necessary information, or to confirm provided information obtained from other sources. When conducting site visits to the project location, the ENGINEER or its SUBCONSULTANTS will carry readily visible information identifying the name of the company and the company representative. Up to 2 site visits per site are planned for the Project and will be 2-hour duration, excluding travel time. • Obtain applicable "by others" design team data (FM & MCWRF) with the assistance of the CITY. • Receive final hydraulic and design flow data from FM & MCWRF design teams. - Final LS capacities and hydraulic data - MCWRF operational setpoints TASK 1.4 CONCEPTUAL EVALUATIONS Subtask 1.4.1 Flow Manaqement and Diversion Evaluation ENGINEER will review CITY's Info Works ICM model of Mary's Creek wastewater service area to verify operations at both Lift Station sites to set diversion weir elevations if that is the selected choice of diversion control. Other diversion option to be considered includes diversion structure with gate control to simplify diversion operation when MCWRF is at capacity. ENGINEER will coordinate with CITY and/or CITY Master Plan consultant Freese & Nichols (FNI) to receive allowable/required diversion and bypassing hydraulic quantities at each proposed lift station site. It is understood that 100% of the flow will be diverted to the lift stations and 100% of flow will need to be bypassed under emergency conditions and a portion of flow may be diverted under extended peak flow events when MCWRF treatment and storage capacity is exceeded. Evaluation of impacts to collection system downstream of lift stations is not included is this scope and will be considered additional services. The provided hydraulic data and quantities from CITY/FNI will provide ENGINEER with finalized phased quantities, from initial construction through ultimate construction, prior to commencement of Subtask 1.5.1 evaluation. ENGINEER will conduct a TM review meeting with CITY to review comments and input. Subtask 1.4.1 Assumptions o ENGINEER will coordinate with FNI and master planning efforts for allowable/required diversion and bypassing hydraulic quantities or gravity main capacities. o FNI or CITY to provide final max/min allowable diversion potentials for each LS location, per LS capacity phase. o Evaluation of overall system impacts downstream of lift stations during bypass scenarios is not included in the scope and is considered additional services. Attachment A Page 7 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 o ENGINEER to provide up to two diversion structure alternatives, per LS location for CITY evaluation and selection. Subtask 1.4.1 Work Products o Flow Management and Diversion Technical Memorandum (electronic .pdf file) Subtask 1.4.2Lift Station Hvdraulic Evaluation ENGINEER will provide desktop level hydraulic evaluation for both lift stations and all phases to determine pipe size, pressure class for 50-year design life, system curve, and pump selection. • FM Pipe Size & Class Selection: - Section 1 - Consists of FM piping between proposed MCCLS and the MCWRF. Section 2 - Consists of FM piping between proposed WCLS and MCCLS ENGINEER will utilize initial FM pipe sizes, provided by others (Plummer and CITY), for hydraulic evaluation. ENGINEER will evaluate and make final FM pipeline size recommendations (FM Segments 1 & 2), to be accepted by the CITY. The final accepted FM pipeline sizes will be utilized for 30% PDR, 60%, 90%, and 100% design. For budget estimating, the design will be frozen at the PDR stage for force main route and lift station flow rates. • ENGINEER will coordinate with FM Engineer (Plummer) and CITY personnel regarding pipeline segment alignments and easement requirements (current and future) for a total of up to two (2) one -hour meetings. - Pipe class will be evaluated and finalized within the 30% PDR, based off final selected pipeline segment sizes by the CITY and vertical elevation (pipeline top of pipe elevations for Segments 1 & 2) information provided by Others (FM Engineer, Plummer). - ENGINEER will evaluate two potential pipeline materials for the proposed LS FM (FRP & HDPE) material (Sections 1 & 2), as directed by the CITY. Evaluation will include a general description of both materials, including overall benefits of either material, pipe sizing and class considerations, and ENGINEER's recommendation for basis of design. ENGINEER understands it is the CITY's intention to competitively bid both FRP and HDPE pipe materials. The 30% PDR and associated hydraulic modeling effort described within this Task will include evaluation of the FM pipeline in both materials (FRP & HDPE), and consider potential variations, regarding hydraulic modeling. • ENGINEER will use initial selection of force main sizes and potential pipeline materials (HDPE and FRP) in the hydraulics analysis. Results from the hydraulic analysis will finalize selection of force main pipe size, material, and pressure class. • ENGINEER will coordinate selected pipe size, material, and pressure class with force main Engineer. This coordination effort with the FM Engineer (Plummer) will assume up to three (3) one -hour virtual meetings, total. Attachment A Page 8 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 ENGINEER will evaluate the feasibility to pump flow from the WCLS directly to the MCWRF, bypassing the MCCLS. If possible, evaluation will include (1) one option listing potential impacts and design considerations necessary at WCLS and MCCLS facilities to accomplish this desired operation. The evaluation will be limited to a desktop level review of the proposed WCLS operation, including preliminary system curve, pump selection, phasing, a list of potential impacts to the WCLS and MCCLS, and associated force main design impacts. The CITY anticipates additional flow from UCFLS to be discharged at the WCLS site, as detailed in Options 1 & 2 below. The proposed WCLS will ultimately need to accommodate the additional UCFLS flow and repump it to the MCCLS facility. ENGINEER will evaluate and provide recommendation to accommodate this additional UCFLS flow. Evaluation will consist of two options: Option 1 — Manifold: Force main connection from UCFLS directly to WCLS discharge force main. • Option 2 — Repump: Force main discharge from UCFLS to WCLS diversion structure, lift station wet well, or other location upstream of proposed WCLS facilities. Recommendation will include a summary of all flow and design assumptions, modeling of hydraulic scenarios (low, average daily, and peak wet weather flows), preliminary pump curves, system curves, and options for accommodating additional (future) UCFLS flow. The future UCFLS flows will be provided by the CITY prior to evaluation. A detailed hydraulic evaluation and analysis of the UCFLS is not included. The CITY shall provide ENGINEER with all necessary hydraulic flow data (existing & future), flow capacities (average daily, & peak wet weather), UCFLS operational information (future & existing), and all other desired operational goals (the CITY's desired hydraulic operations for each facility) prior to commencement of this task, necessary to perform the evaluation, analysis, and work. Considerations for hydraulic changes and subsequent rework: The data provided to the ENGINEER by the CITY prior to the commencement of this task will be documented as "final inputs" and data for hydraulic evaluation. Any subsequent hydraulic changes to the "final inputs" after commencement of this task work will be considered re -work (out of scope) and subject to additional fee. Subtask 1.4.2 Assumptions o Portions of the hydraulic analysis are dependent on the availability of data and supporting information provided to the CITY by others (Master Plan Engineer, FM & MCWRF project engineers). This includes, but is not limited to, hydraulic data and phased master plan quantities from the Master Plan Engineer (FNI), as well as top of pipe elevations from the FM engineer (Plummer) for FM segments 1 &2. It is assumed that all schedule impacts, additional design impacts beyond 30% design, and additional coordination efforts requested by the CITY or by Others, beyond what is outlined within this contract, will be considered out of scope and subject to additional fee. Attachment A Page 9 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 o (1) One evaluation and option to potentially pump flow from WCLS directly to MCWRF. Evaluation will include one revision per the 30% PDR workshop review. o (1) One evaluation to accommodate the additional UCFLS flow, including Option 1 — Manifold & Option 2 - Repump as described above. Evaluation will include one revision per the 30% PDR workshop review. o MCWRF & FM projects will dictate proposed LS capacity requirements. CITY shall provide ENGINEER all relevant data necessary to confirm sizing of the proposed LS's. Subtask 1.4.2 Work Products o Lift Station Hydraulic Evaluation Technical Memorandum (electronic .pdf file) Subtask 1.4.3 Wet Well Confiquration and Pump Tvpe Both lift station sites are anticipated to have numerous pumps with empty pump slots for future capacity expansion, thereby avoiding potential shutdowns. Wet well configuration will be sized for three types of wet well configurations (circular, rectangular, trench) to determine footprint of lift station for site evaluation purposes. The wet well configuration will be standardized for both lift station sites, if possible. Pump type will be submersible solids handling pumps. VFDs will be evaluated. ENGINEER will adhere to all current Hydraulic Institute (HI) and industry design standards related to wet well design. Subtask 1.4.3 Assumptions o ENGINEER will do initial sizing of three types of wet well configurations (circular, rectangular and trench) and determine footprint of lift station for site evaluation purposes. One wet well configuration will be selected for both lift station sites. o Wet well configuration will be standardized for both lift station sites. o Submersible pump type will be standardized for both sites. Subtask 1.4.3 Work Products o Wet Well configuration layouts for site evaluation (electronic .pdf file) Subtask 1.4.4 Air Valve Analysis ENGINEER to provide preliminary recommendation of air valve type and placement. Air valve analysis is a desktop analysis and includes location, type, and size. ENGINEER will coordinate with FM Engineer with regards to other air valve priorities (i.e., high points, etc.). ENGINEER will review locations provided by FM Engineer (types and sizes) and recommend more locations if needed. Subtask 1.4.4 Assumptions o Force main alignment profile provided by FM Engineer. Attachment A Page 10 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 o Air valve design and specifications will be by FM Engineer under force main design contract. o Air valve analysis is only for design year lift station operation with one force main. Additional air valve and surge analysis required for build out condition and future parallel force main is not part of this scope and will be additional services. Subtask 1.4.4 Work Products o Air Valve Analysis Technical Memorandum (electronic.pdf file) Subtask 1.4.5 Odor Control Study, Odor control study will include review of historical field odor data and recommendation for additional sampling needed. Dissolved sulfide sampling and H2S sampling with Acrulogs for one week is included. Odor control study for force main includes dissolved sulfide modeling using Mega-WATS modeling software to predict dissolved sulfide formation in the force mains and predict chemical dosing effectiveness for removing and/or preventing sulfide formation. ENGINEER will use Mega-WATS model to predict H2S and surge analysis (in Phase 2 efforts) to predict volume of air released and hydrogen sulfide concentrations (with and without chemical injection) at proposed air release valves. ENGINEER will coordinate modeling results with FM engineer. Subtask 1.4.5 Assumptions o Odor control design for force main air valves is not included and considered to be done by FM Engineer. o Odor control study for lift stations include wet wells and diversion structures only. No buildings will require odor control. o No extensive odor control alternatives analysis is included. ENGINEER will propose solution based on engineering judgement. o No dispersion modeling is included. Treatment approach will be selected based on very low threshold at the source. o For scope and budgeting purposes, ENGINEER has assumed basis of design to be a bioscrubber tower for the wet well and diversion structure odorous air and chemical feed system for force main odor control. Subtask 1.4.5 Work Products o Odor Control Evaluation Technical Memorandum (electronic .pdf file) TASK 1.5 PRELIMINARY DESIGN (30% DESIGN) ENGINEER will prepare a Preliminary Design Report (PDR) based on 30% progress design that documents the following in accordance with 30 TAC Chapter 217. The PDR will include collection and compilation of Technical Memorandums as described above and the following elements. • Executive Summary — will provide concise findings and recommendations. Attachment A Page 11 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 • Introduction — introductory section providing the history and basic assumption for the report. • Design Criteria — documentation of the regulatory requirements for 30 TAC Chapter 217 criteria for design of the lift station and force main design. • Wastewater characteristics as provided by CITY. • Process flow diagrams and hydraulic profile. • Description of basis of lift station design including phasing plan for each lift station. • Site/civil requirements and design (including review of applicable codes). • Odor control requirements and basis of design. • Architectural requirements and basis of design (including codes and standards). • Structural requirements and basis of design (including codes and standards). • Building mechanical requirements and basis of design (including codes and standards). • Electrical requirements and design (including codes and standards). • Instrumentation/controls/communications requirements and design. • Operational requirements — describe operational requirements and practices. • Permitting requirements summary. • 30% opinion of probable construction cost estimate with a Class 3 estimation for a 10% to 40% design level and a -20% to +30% expected accuracy range. ENGINEER will prepare preliminary 30% design level drawings that convey the major design intent for the project components. Drawings will include: • General (including process flow diagrams and hydraulic profiles from sewer main connections through lift stations and force mains to MCWRF). • Site Clearing and Demolition (including site demolition plan required for lift station improvements). • Civil/Site (including site plan with structure locations, yard piping plans, pipe profiles for major [greater than 12-inch] yard piping, extent of roadway pavements, and general site drainage plan. • Architectural (including preliminary architectural floor plans, interior and exterior materials and appearances, and general accessibility planning for Lift Station Electrical Buildings). Life Safety Plan for Electrical Buildings based on applicable building codes. • Structural (major tankage and buildings and general foundation approach). • Process Mechanical (including flow diversion, lift station, and odor control). • Building Mechanical (HVAC and plumbing) systems for Electrical Building. • Electrical (including overall power distribution one -line and site plan). • Instrumentation (including preliminary process mechanical and instrumentation diagrams (PMIDs) and overall SCADA system architecture plan). For 30% design progress, approximate percentage complete of design by applicable disciplines is assumed to be as follows: Site/Civil 30% Geotechnical 30% Structural 20% Attachment A Page 12 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 Architectural 25% Process Mechanical 30% Building Mechanical 20% Electrical 20% Instrumentation-PMIDs 30% Instrumentation -System Architecture 30% ENGINEER will conduct one (1) PDR workshop for both lift stations to discuss all CITY review comments and input. The ultimate goal of this PDR workshop will be to provide ENGINEER with final direction to proceed with Final Design of both lift stations (including all hydraulic requirements, capacities, current and future demands, modeling information, site locations, and all other necessary information to perform the design of the stations), in addition to verify all applicable CITY Departments and design teams (FM & MCWRF) are in agreement. ENGINEER assumes one person from each discipline will attend a 2-hour workshop at CITY facility, excluding travel time. Task 1.5 Assumptions o Five hard copies and one electronic .pdf file of the preliminary design (30% design) will be delivered. o ENGINEER shall not proceed with Final Design activities without obtaining written approval and agreement by the CITY of the 30% PDR Design. o Access and site civil elements will be designed in accordance with the governing jurisdictions criteria. When no criteria is present the design will adhere to AASHTO, TCEQ, or TxDOT criteria at the discretion of the ENGINEER. o SCADA communication tower evaluation and considerations will be limited to the three sites MCCLS, WLCLS, and MCWRF and will be based solely on results of the desktop path study of 3 sites with up to 3 paths studied. o There exists or will be constructed a suitable tower, mast, or other elevation method to mount a radio at the MCMWRF. Evaluation of tower heights at MCWRF is only to establish required heights of towers at MCCLS and WLCLS for communication purposes. Task 1.5 Work Products 0 30% PDR (electronic .pdf file and hard copies) 0 30% Design Drawings (electronic .pdf file and hard copies) PHASE 2 — FINAL DESIGN AND BIDDING ASSISTANCE BASIC SERVICES TASK 2.1 PROJECT MANAGEMENT ENGINEER will perform project management duties throughout the Final Design and Bidding Assistance Phase of the Project as described below. General Project Management • Lead, manage and direct design team activities. Attachment A Page 13 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 • Review project budget and schedule weekly and communicate internally among team members regarding task budget status. • Review project monthly and assess risk, budget, schedule, out of scope items, and on -time delivery metrics. • Implement ENGINEER's quality assurance and quality control practices in performance of the work. • Communicate internally among team members. • Task and allocate team resources. Communications and Reporting • Prepare and submit invoices and progress reports monthly in the standard CITY format. • Prepare and submit baseline Project design schedule initially, and Project design schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the CITY of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with permitting authorities, other agencies, and entities as necessary for the design of the proposed improvements and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER will communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER will work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Utilize CITY's e-builder document management system to provide all documentation related to the project, including: - Monthly status reports on project progress - Decision log and information needs documents. - Meeting minutes - Draft and final documents - Other project documents • With respect to coordination with permitting authorities, ENGINEER will communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER will work with regulatory authorities to obtain approval of the final design. Task 2.1 Work Products o Up to 15 monthly invoices and progress reports (electronic .pdf file) o Up to 15 monthly schedule updates (electronic .pdf file) o Up to 15 monthly MWBE reports (electronic .pdf file) o Correspondence with permitting authorities (electronic .pdf file) Attachment A Page 14 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 TASK 2.2 PROJECT MEETINGS During the Final Design and Bidding Assistance Phase of the Project, ENGINEER will provide project meetings and site visits as follows: Proiect Meetings Project progress meetings will be held during the project with CITY staff and MCWRF and force main (FM) design engineers to discuss aspects of the project presently underway, project schedule, and upcoming issues. These meetings will generally be about one hour in duration and are not intended to be formal presentations. It is assumed that up to three (3) of the ENGINEER's team members will attend the meetings to discuss pertinent issues. Up to 6 progress and coordination meetings are planned for this phase of the project and will be 1-hour in duration and virtual Teams meeting. Task 2.2 Assumptions o Up to three (3) ENGINEER team members will attend meetings. o Up to 6 progress and coordination meetings are planned. o Meetings will be 1-hour in duration and virtual Teams meeting. Task 2.2 Work Products o Meeting agenda and summaries. (electronic .pdf file) TASK 2.3 FINAL DESIGN (60, 90, 100 PERCENT) Under HI 9.8, the lift station configuration and capacities fall under guidelines to complete physical hydraulic modeling to optimize the intake design and capital cost of lift station. Upon approval of the PDR and 30% drawings, ENGINEER will complete physical hydraulic modeling with subconsultant, Verdantas, for both lift stations as they are expected to have different capacities. Physical hydraulic modeling includes developing a scaled model for both lift stations with up to 4 pumps in both pump stations. Testing includes any modifications necessary to meet Hydraulic Institute Standard acceptance criteria. Testing will include virtual witnessing. A video will be provided of the testing and a final report with all recommendations. Upon approval of the PDR and 30% drawings, ENGINEER will prepare final design/contract documents (plans and specifications) for the Project Components for CITY's use in bidding and construction of the Project, as follows: ENGINEER will provide design progression submittals at the approximate 60% and 90% design progression points for CITY review and confirmation of project intent. CITY shall provide consolidated set of review comments on plans and specifications for each review submittal, in Bluebeam and will be converted to spreadsheet form. ENGINEER will respond to one consolidated set of comments, addressing each item in CITY's review. In addition to development of final design, ENGINEER will: Update lift station and force main hydraulics for each pump station site, as required, based on design progression and CITY review comments. Conduct surge analysis and update the air valve analysis on the CITY approved 30% PDR conceptual design per proposed lift station facility (two total) using the force Attachment A Page 15 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 main and lift station 60% drawings. Surge analysis to be updated for 90% and 100% design. ENGINEER will provide range of working and surge pressures, including update of air valve placement and sizing. Air valve design and specifications will be by FM Engineer under force main construction contract. Conduct site visits to field verify existing conditions, investigate site conditions, etc. When conducting site visits to the project location, the ENGINEER or its SUBCONSULTANTS will carry readily visible information identifying the name of the company and the company representative. Up to 2 site visits per site are planned for this phase of the project and will be 2-hour duration, excluding travel time. ENGINEER will notify/coordinate as required by the TROE on the Johnson Sister's site prior to site visits. Conduct review workshops with CITY for 60 and 90% design milestones to review CITY comments. Review workshops will be 2-hour duration for both lift stations and be in -person meeting with Teams virtual conferencing optional. Review comments will be logged with ENGINEER's responses and distributed to design team and CITY. Subtask 2.3.1 60% Desipn For 60% design submittals, the approximate percentage complete by discipline is assumed as follows: General (hydraulic profile and process flow diagram) 80% Civil/Site (yard piping, paving, grading, drainage) 75% Geotechnical/Foundation 90% Architectural 60% Structural 60% Process Mechanical 80% Building Mechanical (HVAC and Plumbing) 50% Electrical 20% Instrumentation/PMIDs and System Architecture 70% Technical Specifications 60% 60% Opinions of Probable Construction Cost (OPCC) ENGINEER will prepare updated OPCCs at the 60% design submittals. The 60% cost opinion will be a Class 3 estimate, per AACE International Recommended Practice No. 18R- 97, with appropriate contingencies based on design progress completion. 60% Milestone Review Meetinq ENGINEER will conduct review meeting with the CITY. One review meeting for both lift station sites. Review comments and input will be revised into the proceeding milestone final design. Subtask 2.3.1 Assumptions o Five hard copies and one electronic .pdf file of the preliminary design (30% design) will be delivered. o The CITY's front end and technical specifications will be used. The ENGINEER will supplement the technical specifications if needed. Attachment A Page 16 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 o For scope and budgeting purposes, surge tanks will not be used. Surge tanks can be included in the surge analysis and in design for additional compensation if recommended and agreed upon by the CITY. o ENGINEER will not proceed with 90% design activities without written approval by the CITY of the 60% design plans and specifications. Subtask 2.3.1 Work Products o 60% design drawings and specifications (electronic .pdf file and hard copies) Subtask 2.3.2 90% and 100% Desiqn Upon approval of the 60% plans and technical specifications, ENGINEER will prepare and progress the 90% and 100% final construction plans as follows: • ENGINEER will incorporate the 60% milestone review comments into the 90% project documents. Any additional CITY comments received at the 90% milestone submittal and subsequent review will be included within the final 100% sealed drawings and specifications to the City of Fort Worth. • ENGINEER will generate and provide two (2) separate bid packages, one for each proposed lift station facility (WCLS and MCCLS). ENGINEER will provide five (5) hardcopies per bid package. • The 100% sealed construction documents will be utilized for project bidding purposes, described below in the following section. • At the conclusion of 90% design, ENGINEER will submit Summary Transmittal Letter to TCEQ for both sites. At the conclusion of the 100% milestone review meeting, ENGINEER will submit sealed drawings and specifications to the TCEQ for review and approval if requested. The project may be advertised and reviewed by TCEQ concurrently, or as directed by the CITY. The project may not commence construction until an approved TCEQ review is returned. • ENGINEER will prepare and send a letter of notification to TCEQ (as required) at the start of construction. For 90% design submittal, the approximate percentage complete by discipline is assumed as follows: General (hydraulic profile and process flow diagram) 90% Civil/Site (yard piping, paving, grading, drainage) 90% Geotechnical/Foundation 90% Architectural 90% Structural 85% Process Mechanical 95% Building Mechanical (HVAC and Plumbing) 90% Electrical 85% Instrumentation/PMIDs 95% Specifications 90% Attachment A Page 17 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 90% Milestone Review Meeting (90% ENGINEER will conduct review meeting with the CITY. One review meeting for both lift station sites. Review comments and input will be revised into the proceeding milestone final design. 90 and 100% OPCC The ENGINEER will prepare updated OPCCs at the 90% and final design milestones. ENGINEER will update the 60% OPCC estimate to reflect changes/additions/deletions to project made between the 60% and 90%. The 90% cost opinion will be a Class 2 estimate, per AACE International Recommended Practice No. 18R-97, with appropriate contingencies based on design progress completion. The final cost opinion will be a Class 1 estimate, per AACE International Recommended Practice No. 18R-97, with appropriate contingencies based on design progress completion. Task 2.3.2 Assumptions o Five sets of hard copy plans and specifications will be delivered for the 90% Design package. o Five sets of hard copy plans and specifications will be delivered for the 100% Design package. o The CITY will provide ENGINEER with all finalized environmental related information (by Others) necessary to proceed and ultimately complete 90% design milestone design. Environmental information will be provided to ENGINEER prior to the commencement of 90% design. Task 2.3.2 Work Products: o 90% construction plans, project manual, and specifications. o 100% construction plans, project manual, and specifications. o 90% and 100% OPCCs. TASK 2.4. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows. Pre -Bid Meetinqs ENGINEER will conduct two pre -bid meetings, one for each lift station bid package. ENGINEER assumes pre -bid meeting will be at City Hall and will include subsequent visit to Project sites. It is assumed that each Pre -bid meeting and site visit will be 2 hours long, excluding travel time. ENGINEER will have up to three project team members attending pre - bid meeting. Clarifications/Addenda ENGINEER will provide necessary interpretations and clarifications of contract documents from bidders during the bidding phase. If necessary, such clarifications will be included in Addenda. Up to two addenda are assumed for each lift station bid package. Bid Opening/Recommendation of Award Attachment A Page 18 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 ENGINEER will not attend Bid Opening. ENGINEER will receive electronic copies of bid documents, review and tabulate bids received and provide a summary of tabulation and any informalities noted for CITY's consideration in award of construction contract. Conformed Documents ENGINEER will prepare conformed documents for the construction project, incorporating addenda items into the drawings and specifications, and provide three sets of half-size plans and specifications and two sets of full-size drawing for use by the CITY and Contractor during construction. Task 2.4 Assumptions o The project will be bid once per lift station facility bid package (two total, one per WCLS & MCC LS) and awarded to two individual contractors. o Electronic .pdf plans and contract documents will be provided to CITY to be uploaded to E-builder. o ENGINEER will not attend bid openings for either lift station bid package. Task 2.4 Work Products o Pre -bid meeting minutes (electronic .pdf file) o Addenda (electronic .pdf file) o Bid Tab and Recommendation of Award (electronic .pdf file) o Conformed documents (one electronic .pdf file, ten hard copies of half-size plans and specifications and five hard copies of full-size drawing sets). SPECIAL SERVICES SCOPE OF WORK The following services are anticipated to be required for progression of the Project development and execution and to support the work of the Basic Services tasks described above. However, the full definition of the scope of work will be determined based on decisions, outside agency requirements, and specific CITY needs to support and progress the overall Project development. Accordingly, ENGINEER has provided initial fees for such tasks, and as specific work requirements are better defined ENGINEER will document the specific scope of work and cost to complete for CITY review and concurrence prior to execution of such services. Appropriate work deliverables will also be agreed upon based on the specific scope of work. Identified potential Special Services for these tasks of the Project include the following: Phase 1 Study and Report Phase Task 1.6 Surveying Task 1.7 Subsurface Utility Engineering (SUE) Task 1.8 Geotechnical Investigation Task 1.9 Floodplain Study and Stormwater Evaluation Phase 2 — Final Design and Bidding Assistance Task 2.5 ROW/Easement Services Task 2.6 Permitting Attachment A Page 19 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 The specific scope of work for each of the above special services tasks is as follows: TASK 1.6 SURVEYING ENGINEER will perform topographic surveying for both lift station sites. ENGINEER will establish horizontal and vertical control for site. Horizontal control will be based on Texas State Plan Coordinates, NAD83. Vertical control will be based on NAVD 88. Walnut Creek LS Site: The topographic design survey is to include all surface features, with trees 6" and bigger and contours at 1-foot intervals. The limits are as follows, Generally along the West high top bank of Mary's Creek from the South edge of pavement for Wainscot Road to the North ROW line of the old T& P Railroad (Union Pacific Railroad Company) to include aerial sewer crossing on each side of Mary's Creek, thence generally along the North ROW line of said Union Pacific Railroad Company and the South line of Lots 1 and 2, Block 1 Radio & Television Addition, Oncor 0.907 acre tract, to the Southeast corner of the Ronald J. Miller 0.9267 acre tract with the intersection of the North ROW line of said Railroad ROW, thence along the east line of Said Russell tract and the west line of said Lot 1 to the edge of pavement at Wainscot Road, thence generally along the east ROW line of Wainscot Road to the Northeast corner of said Lot 1. Mary's Creek Confluence Site: The topographic design survey is to include all surface features, with trees 6" and bigger and contours at 1-foot intervals. The limits are as follows, approximately 13.33 acres located within the Johnson Sisters Partnership tract. Said 13.33 acres lies approximately 350 feet East along the South Right -of -Way line of Spur 580 (Camp Bowie W BLVD) from the northwest corner of a 57.0995-acre Johnson Sisters Partnership tract (Tax Parcel 04690060) and the northeast corner of a 73.919-acre tract to Donegal Hills LP (Tax Parcel 04098722). Said area for topo is approximately 400 feet along Spur 580 and 350 feet +/- to the South. Task 1.6 Assumptions Topographic survey will include lift station site boundaries and sewer extension alignments at MCCLS site plus an additional up to 50-ft. LiDAR survey will include area outside the property boundaries to cover the overall project elements. Survey of finished floor elevation (FFE) for nearby buildings potentially affected by the 100-year flood includes survey of up to 12 buildings. Task 1.6 Work Products o Topographic survey site plan sheets (electronic .dwg and .pdf file) TASK 1.7 SUBSURFACE UTILITY ENGINEERING (SUE) ENGINEER will perform SUE to obtain location information regarding existing subsurface utility locations within the area of impacts for the Project as follows: • Perform up to ten (10) Quality Level A test holes using hydrovac equipment to confirm the horizontal and vertical location of existing subsurface features that cross proposed project sites or pipeline routing. To the extent possible, the test holes will Attachment A Page 20 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 be performed as close as possible to the anticipated crossing location. The test hole will be coordinated with the applicable utility company and required permissions or permits will be acquired. The location and results of the test holes will be surveyed and incorporated into the Project's base Auto CADD file and relevant information will be reflected in the plan sheets and specifications. ENGINEER will prepare and submit a summary report of the SUE findings, signed, and sealed by a licensed professional engineer in the State of Texas. The report will include site photographs, ground elevation and depth to opt of utility, elevation, horizontal location coordinates and material type of existing utility. It is the responsibility of the SUE provider to perform due diligence with regards to records research (QL "D") and acquisition of available utility records. The due diligence provided for this project will consist of contacting applicable "one call" agencies, visually inspecting the work area for evidence of utilities, and reviewing the available utility record information. Utilities not identified through these efforts will be referred to as "unknown" utilities. SUE personnel will scan the defined work area using electronic prospecting equipment to search for "unknown" utilities. SUE is not responsible for designating and locating "unknown" utilities that were not detected while scanning the work area. Task 1.7 Assumptions o All areas requested for QL-A vacuum excavation will be accessible by truck mounted vac equipment. Any land clearing or other work necessary to gain access to excavation locations is not included in the scope of this proposal. o Permitting and work zone traffic control are not necessary. Task 1.7 Work Products o SUE plan sheets depicting the findings of the investigation. o Test Hole Data Form for each Test Hole performed indicating depth, size, location, and other notable characteristics of the utility. o Summary sheet of test hole information o Electronic files will be provided in AutoCAD format along with PDFs and photos. TASK 1.8 GEOTECHNICAL INVESTIGATION ENGINEER will engage a geotechnical drilling Subcontractor, and a geotechnical subsurface investigation will conducted as defined below. Field Exploration: Select appropriate locations within the site of the proposed lift station facilities and other features for exploratory borings. Site clearing for drill rig access will be required at the MCC LS site. ENGINEER will notify/coordinate as required by the TROE on the Johnson Sister's site prior to site visits. It is assumed that this can be performed within 4 days and all cleared vegetation can be stockpiled onsite. Subcontract with a drilling contractor to drill a total of up to 22 (twenty-two) borings for the proposed improvements between the MCC LS and WC LS sites. The borings are anticipated to range in depth from 10 feet to 70 feet below the ground surface. Attachment A Page 21 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 Soil samples will be collected continuously from the ground surface to a depth of 10 feet and at 5-foot intervals thereafter. When intact bedrock is encountered in the test borings, rock coring will be performed. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. Additionally, 2 (two) groundwater piezometers will be installed (one at each site) to allow collection of longer -term groundwater levels throughout the design phases of the project. At the completion of drilling and sampling, the borings will be backfilled with auger cuttings and bentonite chips. The piezometers will remain in place for use or removal during construction. Laboratory Testing: Laboratory testing will be performed on soil and rock samples obtained from the borings to classify soils and determine index, strength, and compressibility engineering properties of the subsurface materials. Corrosion testing and lime series testing are also anticipated to be performed. The ENGINEER will select samples for laboratory testing, assign tests, and review the test results. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration. Analvsis & Reporting: Geotechnical analyses will be performed for the proposed improvements at each site. It is anticipated that the analyses may include consolidation/settlement, bearing capacity, shrink/swell, and deep foundation (axial and lateral capacity) design. A single (1) geotechnical report will be prepared for the design team that includes both project sites. The report will summarize the field exploration, laboratory testing, engineering analyses and foundation design recommendations. Construction considerations will also be included for use in the development of the project specifications as they relate to the proposed improvements. Two (2) geotechnical data reports (one for each site) will be prepared that includes the field and laboratory data collected for each site. These data reports will be provided as part of the project specifications for reference by the project bidders. Task 1.8 Assumptions o 22 geotechnical borings at depths up to 70 feet below ground surface are anticipated for this project. o Access to the lift station sites to be provided by CITY. o The lift station sites are accessible (when dry) to truck -mounted drilling equipment. o If a new underground crossing of Camp Bowie Road is required at the MCCLS site, it is assumed to be an auger bore crossing (no microtunneling, etc.) o No traffic control is required to access the boring locations. o It is assumed that up to 2 (two) mobilizations for the field work may be required. o Site clearing is only assumed to be required at the MCCLS site as described above. o Draft Geotechnical Report will be submitted for the CITY's review and comments at 30% Design Milestone. Attachment A Page 22 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 o Final Geotechnical Report will be submitted after addressing the CITY's and other design team member's comments at 90% Design Milestone. o Final Geotechnical Data Reports (one for each site) will be submitted as part of the 90% Design Milestone. Ifle�fti�:l ir[.TI.T ..� o Preliminary Geotechnical Report (one report for both lift station sites) (.pdf format). o Final Geotechnical Report (one report for both lift station sites) (pdf format). o Final Geotechnical Data Reports (one report per lift station site) (pdf format). TASK 1.9 FLOODPLAIN STUDYAND STORMWATER EVALUATION ENGINEER will perform floodplain and hydraulic studies for both lift station sites. Walnut Creek Site Hvdraulic Study: For WCLS site, ENGINEER will reach out to FEMA about the previously approved LOMR 21-06-2442P hydraulic modeling that shows the natural ground of the WCLS site above 100-year flood elevation, but it is not being revised in the FIRM panel 48439CO280K with this LOMR 21-06-2442P effective January 20, 2022, no additional LOMR report, mapping and/ hydraulic modeling will be included in this scope of work. ENGINEER will submit a request to have the FIRM revised per the approved hydraulic modeling from LOMR 21-06-2442P. If the request is denied by FEMA, ENGINEER will perform the scope listed below: o Perform one field visit of the site to identify and photograph the existing site. o Obtain the current digital effective hydraulic model for Mary's Creek from the CITY or FEMA Engineering Library. o Obtain the digital hydraulic modeling by Halff as stated in the Floodplain Reclamation Feasibility Study along Mary's Creek dated June 28, 2021. o FEMA peak flow discharges from the most updated Flood Insurance Study (FIS) will be used in this hydraulic modeling analysis. This does not include any hydrologic modeling analysis for fully developed condition for the entire drainage basin. o Prepare Duplicate Effective model. o Prepare Corrected Effective model, if necessary. ■ Examine the topographic survey to see if there are any discrepancies between the current existing ground elevations and cross -sections provided in the Effective/ Duplicate Effective. ■ Corrected Effective model is required when the current existing ground elevations are different than the Effective/ Duplicate Effective model from the City/ FEMA. Attachment A Page 23 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 o Prepare existing conditions hydraulic model: ■ Expand the Corrected Effective model (if any). Realign and add cross sections as necessary to represent the current existing ground elevation condition. ■ Utilize the best available topography to revise cross section geometry for the added/realigned sections. o Prepare conceptual proposed conditions hydraulic model. Using the Existing condition model, input the proposed conceptual grading. Examine the proposed Q100 water surface elevation based on Q100 discharges from FEMA FIS to see if there is any rise compared with the Effective, Duplicate Effective, Corrected Effective and Existing condition models. ■ Up to two (2) mitigation alternatives will be analyzed (minimum of one working alternative, with an anticipated second working alternative in addition for evaluation, two total) to meet the no rise (0.00 feet) in floodway caused by the project. Proposed grading will meet TCEQ access requirements. If challenges occur in the hydraulic modeling analysis to meet the requirement of no rise (0.00 feet) in floodway, additional survey along the channel and/ or finished floor elevation of the surroundings affected buildings may be required. This does not include in the current survey scope and will be an additional service. o Delineate limits of the selected conceptual floodway, 100-year, and 500- year floodplains. o Meet with CITY to discuss the findings of the conceptual hydraulic model. MCCLS Site Hvdraulic Study: • Perform one field visit of the site to identify and photograph the existing sites. • Obtain the current digital effective hydraulic model for Mary's Creek from the CITY or FEMA Engineering Library. • Obtain the digital hydraulic modeling by Plummer as stated in the Technical Memorandum for Mary's Creek Confluence Lift Station Sites Selection — Stormwater Evaluation Site #7 (Addendum 1) dated February 2024. • Two (2) different types of flood discharges will be used in the hydraulic modeling analyses: (1) FEMA 10-, 50-, 100- and 500- year peak flow discharges from the most updated Flood Insurance Study (FIS), and (2) 100- year peak flow Attachment A Page 24 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 discharges for fully developed condition from the CITY. This does not include any hydrologic or split flow analysis or any hydrologic analysis for fully developed condition for the entire drainage basin. • Prepare Two (2) Duplicate Effective models: (1) FEMA 10-, 50-, 100- and 500- year peak flow discharges from the most updated Flood Insurance Study (FIS), and (2) 100- year peak flow discharges for fully developed condition from the CITY. • Prepare Corrected Effective model, if necessary. Prepare two (2) Corrected Effective model: (1) FEMA 10-, 50-, 100- and 500- year peak flow discharges from the most updated Flood Insurance Study (FIS), and (2) 100- year peak flow discharges for fully developed condition from the CITY. - Examine the topographic survey to see if there are any discrepancies between the current existing ground elevations and cross -sections provided in the Effective/ Duplicate Effective. • Corrected Effective model is required when the current existing ground elevations are different than the Effective/ Duplicate Effective model from the City/ FEMA. • Prepare two (2) existing conditions hydraulic models: (1) FEMA 10-, 50-, 100- and 500- year peak flow discharges from the most updated Flood Insurance Study (FIS), and (2) 100- year peak flow discharges for fully developed condition from the CITY. - Expand the Corrected Effective model (if any). Realign and add cross sections as necessary to represent the current existing ground elevation condition. - Utilize the best available topography to revise cross section geometry for the added/realigned sections. • Prepare two (2) proposed conditions hydraulic model. Using the Existing condition model, input proposed conceptual grading. Examine the proposed Q100 WSEL from both FEMA FIS and the CITY fully developed discharges to see if there is any rise compared with the Effective, Duplicate Effective, Corrected Effective and Existing condition models. Up to two (2) mitigation alternatives per site will be analyzed (minimum of one working alternative, with an anticipated second working alternative in addition for evaluation, two total to meet the no rise (0.00 feet) in floodway caused by the project. Proposed grading will meet TCEQ access requirements. If challenges occur in the hydraulic modeling analysis to meet the requirement of no rise (0.00 feet) in floodway, additional survey along the channel and/ or finished floor elevation of the surrounding affected buildings may be required. Finished floor elevation of surrounding effective building are included as part of topographic survey. Additional survey Attachment A Page 25 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 along the channel is not included in the current survey scope and will be an additional service. • Delineate limits of the selected conceptual floodway, 100-year, and 500-year floodplains based on FEMA FIS discharges. • Meet with CITY to discuss the findings of the conceptual hydraulic model. Conditional Letter of Map Revision For MCCLS, ENGINEER will prepare a CLOMR report, including digital files of hydraulic modeling and submit to FEMA. Hydraulic modeling submittal to FEMA will be using discharges from Flood Insurance Study (FIS) by FEMA. ENGINEER will be corresponding with FEMA and addressing any comments FEMA has for the approval of this CLOMR. For WCLS, there was a previously approved LOMR 21-06-2442P in the area. The approved hydraulic modeling from this LOMR 21-06-2442P has shown the natural ground of the WCLS site is above 100-year flood elevation, but it is not being revised in the FIRM panel 48439CO280K with this LOMR 21-06-2442P effective January 20, 2022. ENGINEER will submit a request to FEMA to have the FIRM revised per the approved hydraulic modeling from LOMR 21-06-2442P, no additional LOMR report, mapping, and/ hydraulic modeling will be included in this request. If the request is denied by FEMA, ENGINEER will find out from FEMA what is required. The two options considered by ENGINEER are: o Option A — use topographic survey for the WCLS site to show the natural ground is higher and above 100-year flood elevation to submit a LOMR based on the more updated topographic survey. LOMR based on more updated topographic survey usually has no fee and is assumed to be additional services. This option is feasible only if the entire proposed site is within the high natural ground and there is no cut or fill in the floodplain or floodway and/ or no rise in 100- year water surface elevation. o Option B — if additional cut or fill in the floodplain or floodway is performed, and/ or rise in 100- year water surface elevation more than 0.00 feet is shown, a full CLOMR submittal to FEMA before construction is required. Letter of Map Revision For WCLS site, ENGINEER will reach out to FEMA about the previously approved LOMR 21-06-2442P hydraulic modeling that shows the natural ground of the WCLS site above 100-year flood elevation, but it is not being revised in the FIRM panel 48439CO280K with this LOMR 21-06-2442P effective January 20, 2022, no additional LOMR report, mapping, and/ hydraulic modeling will be included in this request. ENGINEER will submit a request to have the FIRM revised per the approved hydraulic modeling from LOMR 21-06-2442P. If the request is denied by FEMA, ENGINEER will find out from FEMA what is required. The two options considered by ENGINEER are: Attachment A Page 26 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 o Option A — use topographic survey for the WCLS site to show the natural ground is higher and above 100-year flood elevation to submit a LOMR based on the more updated topographic survey. LOMR based on more updated topographic survey usually has no fee and is assumed to be additional services. This option is feasible only if the entire proposed site is within the high natural ground and there is no cut or fill in the floodplain or floodway and/ or no rise in 100- year water surface elevation. o Option B — if additional cut or fill in the floodplain or floodway is performed, and/ or rise in 100- year water surface elevation more than 0.00 feet is shown, a full CLOMR submittal to FEMA before construction is required. This will be followed up with a LOMR submittal to FEMA post construction as part of the subsequent construction services amendment. • For the MCCLS site, a FEMA Letter of Map Revision (LOMR) will be submitted to FEMA post construction as part of subsequent construction services amendment. Citv of Benbrook Integrated Stormwater Management (iSWM) Downstream Assessment along Marv's Creek ENGINEER will: • Locate the existing conditions Mary's Creek hydrologic model and watersheds. Adjust the existing watershed for the proposed site to include outfalls from the site to Mary's Creek. • Compute time of concentration and percent impervious for the 2024 conditions (pre - construction condition) for the project area. • Delineate the proposed conditions watersheds for the project area for the outfalls to Mary's Creek • Compute proposed conditions time of concentration and percent impervious values for the proposed site only. • Compute the existing and proposed conditions hydrologic models for the proposed site only. Determine the increase in discharge from the site. • If needed, determine the amount of detention required to maintain the existing site runoff conditions. This includes the onsite detention pond design with outfall system. • If needed, utilize existing proposed hydraulic models for Mary's Creek to show no adverse impacts. • Prepare a brief report describing the methodology and findings of the studies described above. • Deliver 2 digital copies of the Downstream Assessment Report with a digital copy of the report, hydrologic models, and hydraulic models (1 copy each for the City of Benbrook and CITY). • Submit the Report to City of Benbrook. • Coordinate and respond to comments from the City of Benbrook. Citv of Fort Worth Integrated Stormwater Management Plan (iSWM) Downstream Assessment ENGINEER will: Attachment A Page 27 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 • Locate the existing conditions Mary's Creek hydrologic model and watersheds. Adjust the existing watershed for the proposed site to include outfalls from the site to Mary's Creek. • Compute time of concentration and percent impervious for the 2024 conditions (pre - construction) for the project area. • Delineate the proposed conditions watersheds for the project area for the outfalls to Mary's Creek. • Compute proposed conditions time of concentration and percent impervious values for the proposed site only. • Compute the existing and proposed conditions hydrologic models for the proposed site only. Determine the increase in discharge from the site. • If needed, determine the amount of detention required to maintain the existing site runoff conditions. This includes the onsite detention pond design with outfall system. • If needed, utilize existing proposed hydraulic models for Mary's Creek to show no adverse impacts. • Prepare a brief report describing the methodology and findings of the studies described above. • Deliver 2 digital copies of the Downstream Assessment Report with a digital copy of the report, hydrologic models, and hydraulic models. • Submit the Report to City of Fort Worth. • Coordinate and respond to comments from the City of Fort Worth. Task 1.9 Assumptions o LOMR application for MCCLS will be submitted post -construction as part of construction services amendment and is not included in this scope of work. Task 1.9 Work Products o Conceptual hydraulic models for each site. o Floodplain report for each site (electronic .pdf file). o iSWM Downstream Assessment Report for each site (electronic .pdf file). o CLOMR application for MCCLS site and possibly WCLS site. o LOMR application for WCLS site. TASK 2.5 ROW/EASEMENT AND PLATTING SERVICES ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY. Preparation of easement documents (not including acquisitions) will be performed and final documents to be provided to the CITY. Right-of-Wav Research ENGINEER will determine ROW easements needed for construction of the project. All temporary and permanent easements will be identified based on available information and recommendations will be made for approval with the City. This research does not include title research or appraisals. Right-of-Wav/Easement Preparation and Submittal Attachment A Page 28 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 ENGINEER will prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. ENGINEER will submit the right-of-way and/or easement documents to CITY PM for real property acquisition. Documentation will be provided in conformance with the checklists and templates available on the CITY's E-BUILDER site. ENGINEER will submit the following prepared documents to the Owner for acquisition: For the WCLS site, ENGINEER will prepare: Up to (4) total permanent easements. These are related to sanitary sewer, electrical on -site service, driveway permit (Benbrook), and potable water service to the proposed lift station. Up to (5) total temporary easement/encroachment agreements for TCE, transmission OHE encroachment, franchise utility encroachments (gas & communications), and temporary bypass pumping. For the MCCLS site, ENGINEER will prepare: Up to (6) total permanent easements. These are related to site access, sanitary sewer easements, potable water service, diversion structure, and electrical service to the proposed lift station including an additional encroachment fee and permit. Up to (5) total temporary easement/encroachment agreements for TCE (site and access roadway), franchise utility encroachments (gas & communications), and temporary bypass pumping. Temporary Riqht of Entry Preparation and Submittal Prior to construction, the ENGINEER will prepare and submit Temporary Right of Entry documents for landowners to CITY for real property acquisition. It is assumed that letters will only be required for landowners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. The documentation will be provided in conformance with the checklists and templates available on the CITY's E-BUILDER site. Plattinq Services ENGINEER will generate re -zoning and platting related documents for MCC lift station site and submit to the CITY Development Department and County for processing. Task 2.5 Assumptions: o 10 easements or right-of-way documents will be necessary. o 10 temporary right -of -entry documents will be necessary. o Right -of -Way research and mapping includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e., iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements Attachment A Page 29 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. o The MCCLS site will be procured by Others. Task 2.5 Work Products: o Easement exhibits and meets and bounds provided on CITY forms. TASK 2.6 PERMITTING ENGINEER will provide permitting and plan support for the CITY to obtain agreements and/or permits normally required for a project of this size and type as follows: Texas Department of Transportation (TxDOT) Permit • Meet, negotiate, and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests • It is assumed that if the WCC LS project is constructed at lift station site 7 then a 1058 will be needed to connect to Camp Bowie (Spur 580) Texas Department of Licensinq and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR. • Completing all TDLR forms/applications necessary. • Obtain the Notice of Substantial Compliance from the TDLR. • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests. • All costs associated with TDLR plan review and inspections are included under this contract. Storm Water Pollution Prevention Plans For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. Urban Forestry Permits Attachment A Page 30 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 • ENGINEER will coordinate with the CITY Urban Forestry Management Department and submit and obtain approval of an Urban Forestry Permit when required. • Prepare CITY Urban Forestry Plan Checklist and coordinate with CITY during the review process. Permit and inspection fees are included under this contract. • Urban Forestry Plans will include all Tree Mitigation Planting and Irrigation plans required for the construction of the project. Plans will be incorporated into the PS&E set and issued for bid. • Additional coordination efforts will be made with the FM project Engineer (Plummer) regarding tree selection for both sites. This will be an iterative process between the FM Engineer and the CITY. - FM Engineer (Plummer) will require select trees to be removed from both proposed LS sites. These selected trees to be removed (selected by FM Engineer and provided to ENGINEER) will be included with this Contract Urban Forestry Permit, in addition to the selected trees to be removed for the proposed LS's. - ENGINEER will assume up to (8) total 1 hour coordination meetings for both proposed LS sites. Gradinq and Building Permits • ENGINEER will prepare all necessary forms and submit through Accela along with required documentation. • ENGINEER will respond and coordinate with the various CITY staff issuing comments and obtain approval of a Grading and Building Permit. • Prepare CITY Grading and Building Permit Application and Checklist. Application fee is included under this contract. • Work included is applicable per City of Fort Worth and the City of Benbrook. Floodplain Development Permits (FDP) ENGINEER will: • Utilize models developed during the hydraulic modeling phase. • Update the proposed conditions model with the grading plan prepared based on recommendations during the Hydraulic Modeling Phase. • Confirm the proposed conditions model meets City and FEMA requirements for water surface elevation impacts to floodplain and floodway. • Execute the fully developed 100-year flood discharges from the CITY for the duplicate effective, corrected effective (if any), existing conditions, and proposed conditions floodplain and floodway models. • Prepare the 100- year water surface elevation computation based on the CITY fully developed 100- year peak flow discharges. Computed 100- year water surface elevation based on fully developed conditions will be used to set minimum finished floor elevation in compliance with the CITY floodplain criteria. • Prepare a brief report describing the methodology and findings of the hydraulic study. • Prepare the City of Benbrook, City of Fort Worth, or Tarrant County Floodplain Development Permit Application Forms as needed. Attachment A Page 31 of 32 ATTACHMENT A DESIGN SERVICES FOR MARY'S CREEK CONFLUENCE LIFT STATION AND WALNUT CREEK LIFT STATION CITY PROJECT NO.: 104944 Deliver 2 digital copies of the Floodplain Development Permit Application with a digital copy of the report, application, and hydraulic models (1 copy each for the City/County and CITY). Submit Floodplain Development Applications. Coordinate and respond to comments from the City of Fort Worth and Benbrook. USACE Permit Coordination ENGINEER will coordinate with USACE if Mary's Creek and the Unnamed Trib to Mary's Creek are under their jurisdiction. • Review requirements/ limits of USACE Nationwide Permit. • Meet with USACE to discuss findings, requirements and types of Nationwide Permit. • If USACE Nationwide Permit is required for the MCCLS site, ENGINEER will prepare a USACE Nationwide Permit (NWP). • A NWP is not anticipated for the WCLS site and will be considered additional services if required. • An Individual Permit is not anticipated for WCLS and/or MCCLS and will be considered additional services if required. Task 2.6 Assumptions: o Permit/Application preparation will begin after approval of the 30% design. o One (1) meeting is assumed for the TxDOT 1058 Permit. o One (1) meeting is assumed for the TDLR project registration, plan review submittal, and inspections. o Three (3) meetings are assumed for the Floodplain Development Permit. o Two (2) meetings with Fort Worth to discuss Drainage, FDP, CLOMR, and LOMR for the MCCLS site. o One (1) meeting with Benbrook to discuss driveway, water, sewer, and drainage permit requirements, and FDP, CLOMR, and LOMR for the WCLS site. o Two (2) meetings are assumed for the Urban Forestry Permit. o Two (2) meetings are assumed for the Grading Permit. Task 2.6 Work Products: o TxDOT Permit Application for driveway and encroachment for sewer line extension at MCCLS site. o City of Benbrook driveway permit for WCLS site. o TDLR Forms and Application for both sites. o iSWM Construction Plan for Contractor's SWPPP for both sites. o Urban Forestry Permit for both sites. o Grading and Building Permit for both sites. o Floodplain development applications for each site. o USACE Nationwide Permit application for MCCLS site only. Attachment A Page 32 of 32 ATTACHMENT B COMPENSATION Design Services for Mary's Creek Confluence Lift Station and Walnut Creek Lift Station City Project No. 104944 Time and Materials with Multiplier Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.2. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll -related taxes, payments, premiums, and benefits. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant CDM Smith Inc. Project Management, Civil Geotechnical, Architectural, Process -Mechanical, Building Mechanical Design Proposed MWBE Sub -Consultants Gupta & Associates, Inc. Electrical & Instrumentation Design JQ Infrastructure, LLC Structural Design Non-MWBE Consultants Terracon Geotechnical Drilling TEAM Geotechnical Lab Testing Spooner & Associates, Surveying/Easements/Platting Inc. Cobb, Fendley & SUE Associates, Inc. Verdantas Physical Modeling Project Number & Name 104944 Walnut Creek & Mary's Creek Confluence Lift Stations City MWBE Goal = 8% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 TOTAL Total Fee $3,745,826 Fee Amount % $2,510,172 67% $533,246 14% $328,016 9% $77,067 2% $19,464 1 % $89,536 2% $28,325 1 % $160,000 4% $3,745,826 100% MWBE Fee MWBE % $861,262 23% Consultant Committed Goal = 23% B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 B-4 Professional Services Invoice Project Manager: Suzanne Abbe Project: Walnut Creek & Mary's Creek Confluence Lift St; City Project #: 104944 Work Type Desc: iSanitary Sewer Lift Station Desi Supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: when your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Company Name: CDM Smith Inc. Supplier's PM: Amy Robinson email: robinsonar@cdmsmith.com Supplier Invoice #: Amy Robinson Office Address: 801 Cherry Street, Unit 33, Suite 1820, Fort Worth, Texas 76102 Payment Request #: Telephone: 817-332-8727 Service Date:From Fax: n/a Service Date:To Invoice Date: Remit PO Box 74594 Dep 44, Chicago, IL 60696 Pay Items Agreement LTD Agreement Amendment Amendment Amount to Completed Description Amount Number Amount Date Amount 31 - Conceptual Design Phase I Study & Report Phase $764,144.00 $3.745,826.00 Totals This Unit: $3745826.00 $3,745,826.00 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Remaining Invoice Balance $3,745,826.00 $3,745,826.00 Professional Services Invoice Project Manager: ISuzanneAbbe Project: Walnut Creek & Mary's Creek Confluence Lift Stations City Project #: �104944 1 City Sec Number: Company Name: ICDM Smith Inc. Supplier's PM: Amy Robinson Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Summary Suppliers Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: Irobinsonar(a)cdmsmith.com I Office Address:1801 Cherry Street, Unit 33, Suite 1820, Fort Worth, Texas 76102 1 Telephone: 1817-332-8727 Fax: I n/a Remit 1P0 Box 74594 Dep 44, Chicago, IL 60696 1 Sheet FID and Work Type Description Work Type 1 Sanitary Sewer Lift Station Design Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Amount Amount Date Amount Spent Previously Invoice $3,745,826.00 $3,745,826.00 $3.745.826.00 $3.745.826.00 Overall Percentage Spent: Remaining Balance $3,745,826.00 $3.745.826.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Mary's Creek Confluence Lift Station and Walnut Creek Lift Station City Project No. 104944 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 8 1 Mode Council Action 0 days Tue 2/25/25 Tue 2/25/25 Fe /2 �� j��i Aor Mnv lun lul Aun Seo Ort Nnv 2 + NTP 0 days Tue 3/4/25 Tue 3/4/25 `4 3 -. Design Schedule per Contract 18 mons Wed 3/5/25 Tue 7/21/26 4 Project Setup 6 days Wed 3/5/25 Wed 3/12/25I 5 Project Kickoff/PQM 0 days Tue 3/18/25 Tue 3/18/25 3 18 6 -. Enrollment, PO's, Prepare PXP 30 days Thu 3/13/25 Wed 3/26/25I 160 7 -, PXP Mtg 0 days Wed 3/26/25 Wed 3/26/25I 8 Field Work 100 days Wed 3/19/2°Tue 8/5/25 L'�/26 . 9 -, Right -of -Entry 5 days Wed 3/19/25Tue 3/25/25 10 -. Topo Survey/SUE 20 days Wed 3/26/25Tue 4/22/25 11 -. Geotechnical Investigation 60 days Wed 5/14/2°Tue 8/5/25 . 12 iil Field Investigation, Testing 40 days Wed 5/14/25Tue 7/8/25 13 -. Prepare Draft Report 20 days Wed 7/9/25 Tue 8/5/25-i 14 -. Floodplain/Stormwater Eval 360 days Wed 4/23/2!Tue 9/8/26 15 -. Hydraulic Studies (WC, MCC sites) 30 days Wed 4/23/2!Tue 6/3/25 16 -. Hydraulic Modeling, Mtg w/ Cities 6 wks Wed 4/23/25Tue 5/3/25 17 -, CLOMR/LOMR 330 days Wed 6/4/25 Tue 9/8/26 .n 18 -, Prepare CLOMR (MCC) 2 mons Wed 6/4/25 Tue 7/29/25 19 -. LOMR (WCC, if req'd) 2 mons Wed 6/4/25 Tue 7/29/25 20 -. City Review/Update/Approval 6 wks Wed 7/30/25Tue 9/9/25 21 -, FEMA Review, Update, Approval 13 mons Wed 9/10/25Tue 9/8/26 22 23 -. -. iSWM Assessment 60 days Complete Models, Prepare/Submit Repo 6 Wks Wed 6/4/25 Tue 8/26/25 Wed 6/4/25 Tue 7/15/25 24 -, City Reviews, Update, Approval 6 wks Wed 7/16/25Tue 8/26/25 25 Permitting 340 days Tue 7/1/25 Tue 30/20/21I 26 -. PDC Conference 0 days Tue 7/1/25 Tue 7/1/25 7/1 27 -. TOOT Permit 3 mons Mon 9/8/25 Fri 11/28/25 28 -. TDLR 2 mons Thu 12/25/2! Wed 2/18/26 29 -, SWPPP - iSW M Construction Plan 3 wks Tue 3/31/26 Mon 4/20/261 30 Urban Forestry/PARD Tree Removal Permit 1 mon Thu 12/25/2! Wed 1/21/26I 31 -, Floodplain Development Permit 6 Wks Wed 8/12/26Tue 9/22/26 32 -. Grading/Bldg Permits 1 mon Wed 9/23/26Tue 30/20/2(l 33 -. USACE Permit Coord 3 mons Mon 8/18/25 Fri 11/7/25 34 Conceptual Evaluation 78 days Wed 3/19/2! Fri 7/4/25 35 -, Data Collection 10 days Wed 3/19/25Tue 4/1/25 36 -, Flow Mgmt & Diversion Evaluation 30 days Wed 4/2/25 Tue 5/13/25 37 ., Evaluate Flow Mgmt, Diversions 20 days Wed 4/2/25 Tue 4/29/25-, 38 Submit Flow Mgmt & Diversion TM 0 days Tue 4/29/25 Tue 4/29/25 9 39 -, Review Workshop 0 days Tue 5/13/25 Tue 5/13/25 5% 40 -, Hydraulic Modeling 78 days Wed 3/19/2! Fri 7/4/25 41 -a Coordination with FM Design Consultant 15 days Wed 3/19/25Tue 4/8/25 42 -, Hydraulic Evaluations (WCLS, UCFLS, MC 30 days Wed 3/26/25Tue 5/6/25 - 43 -. Submit LS Hydraulic Evaluations TM 0 days Tue 5/6/25 Tue 5/6/25 ` 6 44 -, Review Workshop 0 days Tue 5/20/25 Tue 5/20/25 20 45 -. Pump Selection & Wet Well Sizing 15 days Wed 4/2/25 Tue 4/22/25 46 -, Identify pumps and evaluate wet well 10 days Wed 4/2/25 Tue 4/15/25 - 47 -. Develop wet well configuration 5 days Wed 4/16/25Tue 4/22/25 48 -. Air Valve Analysis 45 days Wed 4/23/2!Tue 6/24/25 49 -, Coordination with FM Design Consulte 15 days Wed 4/23/25Tue 5/13/25 f 50 Surge Analysis & Air Valve Recs 15 days Wed 5/21/25Tue 6/10/25 1�2 Submit Air Valve TM -, City R viiew Workshop 0 days Tue 6/24/25 Tue 6/24/25 ♦ 6/24 Project: MCC LS-WCLS SCHEDU Task Summary �� Inactive Milestone Duration -only Start -only Date: Thu 2/20/25 Split ............... Project Summary r --------1 Inaarve Summary Manual Summary Rollup Finish -only Milestone ♦ I—t—Task Manual Task Manual Summary r ---------- I EMemal Tasks Page 1 Mar Aor Mav Inn lul Aun Seo Oc* 'I I I ' I i I � I I I C EAernal Milestone O 7 Deadline 1 Progress Manual Progress Nnv ID (Task (Task Name (Duration (Start (Finish e Mode 53 -, Odor Control Evaluation/Recs 33 days Wed 5/21/2!Fri 7/4/25 54 S Odor Sampling 1 wk Wed 5/21/25Tue 5/27/25 55 Odor Control Modeling & Evaluation 18 days Wed 5/28/25 Fri 6/20/25 56 -. Submit Odor Control Evaluation TM 0 days Fri 6/20/25 Fri 6/20/25 57 -, City Review Workshop 0 days Fri 7/4/25 Fri 7/4/25 58 Preliminary Design 78 days Wed 5/14/2! Fri 8/29/25 59 -, Draft PDR 58 days Wed 5/14/25 Fri 8/1/25 60 -4 Develop 30% Drawings 30 days Wed 5/21/25Tue 7/1/25 61 4 CA/QC 5 days Mon 8/4/25 Fri 8/8/25 62 -, Update PDR, Drawings & Submit 5 days Mon 8/11/25 Fri 8/15/25 63 -, Prepare 30% OPCC 10 days Wed 6/18/25Tue 7/1/25 64 -4 City Review 2 wks Mon 8/18/25 Fri 8/29/25 65 City Review Workshop 0 days Fri 8/29/25 Fri 8/29/25 66 -, Final Design 189 days Mon 9/1/25 Thu 5/21/26 67 Final Design NTP 0 days Fri 9/5/25 Fri 9/5/25 68 -G 60% Design Development 83 days Mon 9/1/25 Wed 12/24/:I 69 -4 Site Visits, Coordination 20 days Mon 9/8/25 Fri 10/3/25 70 -, Surge Analysis & Recommendations 15 days Mon 9/8/25 Fri 9/26/25 71 . Develop Dwgs, Specs 60 days Mon 9/1/25 Fri 11/21/25 72 . Constructability Review 5 days Mon 11/24/2 Fri 11/29/25 73 -. 60%TRC 10 days Mon 10/13/2 Fri 10/24/25 74 -. 60%RYG 5 days Mon 11/24/2 Fri 11/28/25 75 -, Update Pkg 8 days Mon 12/1/25 Wed 12/30/2I 76 -. Prepare 60%OPCC 10 days Mon 12/1/25 Fri 12/12/25 77 -, Submit to City 0 days Wed 12/10/2 Wed 12/10/2I 78 -, Review Workshop 0 days Wed 12/24/2 Wed 12/24/2I 79 -. 90% Final Design 68 days Thu 12/25/2! Mon 3/30/2fl 80 -. Update Dwgs, Specs 45 days Thu 12/25/2! Wed 2/25/26I 81 iin 90% RYG 5 days Thu 2/26/26 Wed 3/4/26 I 82 -, Update Pkg 8 days Thu 3/5/26 Mon 3/16/26I 83 Prepare 90% OPCC 30 days Thu 2/26/26 Wed 3/11/26I 84 -, Submit to City 0 days Mon 3/16/26 Mon 3/16/26I 85 -, Review Workshop 0 days Mon 3/30/26 Mon 3/30/26I 86 -, 100% Design/IFB 38 days Tue 3/32/26 Thu 5121/26 87 Update Dwgs, Specs 25 days Tue 3/31/26 Mon 5/4/26 88 100% RYG 5 days Tue 5/5/26 Mon 5/11/26I 89 -, Update Pkg 5 days Tue 5/12/26 Mon 5/18/26I 90 -, Prepare Final 100% OPCC 8 days Tue 5/12/26 Thu 5/21/26 91 -, Submit IFB Set 0 days Thu 5/21/26 Thu 5/21/26 92 Bid Phase 98 days Fri 6/5/26 Tue 10/20/21I 93 -, Advertise Projects 28 days Fri 6/5/26 Tue 7/14/26 94 -, Pre -Bid Mtgs 0 days Thu 6/18/26 Thu 6/18/26 95 ->, Issue Clarifications, Addenda 21 days Fri 6/12/26 Fri 7/10/26 96 -. Bid Opening 0 days Tue 7/14/26 Tue 7/14/26 97 . Evaluate/Award Rec 10 days Wed 7/15/26Tue 7/28/26 98 -, Prepare Conformed Docs 15 days Wed 7/15/26Tue 8/4/26 99 4 Council Award 0 days Tue 10/20/2ETue 10/20/2EI 100 iin Construction 500 days Tue 12/15/21Tue 11/14/21l 101 NTP 0 days Tue 12/15/2ETue 12/15/2EI 102 -, Construct LS 25 mons Wed 12/16/2Tue 11/14/2fl Project: MCC LS-WCLS SCHEDU Task Date: Thu 2/20/25 spl't Milestone ATTACHMENT D Mar I Aor I MGM I Inn Jill Agin Seo 0" Nnv I Dnr 6/20 j 7/4 l /29 9/5 � I Summary r­­­­l Inactive Milestone Duration -only Start -only Project Summary r — — — — — — —1 In. —a Summary f I Manual Summary Rollup Funsh-only ♦ Inactive Task Manual Task I Manual Summary r — — — — — — — — — I Extemal Tasks Page 2 2026 Ian I Feb Mar Aor External Milestone O Manual Progress Deadlme 1 Progress ATTACHMENT E - LOCATION MAP Mary's Creek Water Reclamation Facility i �I L I �I r J 1- / I ' T L- � . S/LVER �' o �> N Q o I w CLIFFORD o� , > ST L-- 3;.z p I Z WHITE j SETTLE_MENTgRD Will— - - Z fn Z j •VF J r 3: it J STp ! w > Oa a OVNTe<V w </ o m W Q = WEATHERFORD RD LU vUj NNORMAND CALMONT AVE Lr-lJ� L/L/lJ IY/U ton N Q OO LU \E y T41- o GP�P�g6 O w N �N- � W 1 IN CHAPIN � O/ Mary's !Creek Confluence ft Station I R ALEDO RD FORTWORTH. Cn J O O Ir L✓ I �= o I m Y a 0 z LU \t �� T MRgNDh F o O II I �# Walnut Creek k Lift Station W,77--- SW LOOP oil820820 820 i i JQ MERCED 00 Q� VERNUN Z CASTLE AVE § 1y" ATTACHMENT 7" CERTIFICATE OF INSURANCE Mary's Creek Confluence Lift Station and Walnut Creek Lift Station City Project No. `[1ZLolEI City of Fort Worth, Texas Attachment F POLICY NUMBER: 08 CSE QU4161 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization for whom you have agreed in All locations as required by a written contract or a written contract or agreement, prior to an "occurrence" agreement entered into prior to an 'occurrence' or or offense, that such person or organization on be added offense as an additional insured to your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: 08 CSE QU4161 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 08 CSE QU4161 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Where required by written contract of agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 08 CSE QU4161 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form IH 03 13 06 11 Page 1 of 1 © 2011, The Hartford POLICY NUMBER: 08 UEN QU4162 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CDM Smith, Inc Endorsement Effective Date: 01 / 01 / 2 0 2 5 SCHEDULE Name Of Person(s) Or Organization(s): BLANKET AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 08 UEN QU4162 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CDM Smith, Inc. End orsement Effective Date: 01 / 01 / 2 0 2 5 SCHEDULE Name(s) Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 08 UEN QU4162 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of Days Notice: Name of Certificate Holder: BLANKET AS REQUIRED BY WRITTEN CONTRACT Part A: 30 Part B: 10 Part C: 30 This policy is subject to the following additional Conditions when a number of days are shown in the Schedule for any of the above Parts. A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided to the certificate holder in the Schedule, at least the number of days in advance of the cancellation effective date, as shown in Part A. B. If this policy is cancelled by the Company for nonpayment of premium, notice of such cancellation will be provided to the certificate holder in the Schedule within the number of days notice of the cancellation effective date, as shown in Part B. Mailing Address: C. If this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the Schedule, within the number of days notice of the cancellation effective date, as shown in Part C. If notice is mailed, proof of mailing notice to the certificate holder's mailing address as shown in the Schedule will be sufficient proof of notice. If the number of days notice in the Schedule for any Part is left blank or is shown as zero, no notice will be provided to the Scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 08 06 11 Page 1 of 1 © 2011, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 08 WBR QU4163 Endorsement Number: Effective Date: 01/01/2025 Effective hour is the same as stated on the Information Page of the po licy. Named Insured and Address: CDM Smith, Inc. 75 State Street, Suite 701 Boston, MA 02109 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. ENDORSEMENT IS NOT APPLICABLE IN KY, NH, NJ OR ANY MO CONSTRUCTION RISK. Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 08 WN QU4160 Endorsement Number: Effective Date: 01/01/2025 Effective hour is the same as stated on the Information Page of the po licy. Named Insured and Address: CDM Smith, Inc. 75 State Street, Suite 701 Boston, MA 02109 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. ENDORSEMENT IS NOT APPLICABLE IN KY, NH, NJ OR ANY MO CONSTRUCTION RISK. Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER Policy Number: 08 WN QU4160 Endorsement Number: Effective Date:01/01/2025 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: CDM Smith, Inc. 75 State Street, Suite 701 Boston, MA 02109 This policy is subject to the following additional Conditions when a number of days are shown in the schedule for any of the below Parts: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule, at least the number of days in advance of the cancellation effective date, as shown in Part A. B. If this policy is cancelled by the Company for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule within the number of days notice of the cancellation effective date, as shown in Part B. C. If this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the schedule, within the number of days notice of the cancellation effective date, as shown in Part C. If notice is mailed, proof of mailing notice to the certificate holder's mailing address as shown in the schedule will be sufficient proof of notice. If the number of days notice in the schedule for any Part is left blank or is shown as zero, no notice will be provided to the scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the company or its agents or representatives. Schedule Number of Days Notice: Name and Mailing Address of Certificate Holder Part A: 90 BLANKET AS REQUIRED BY WRITTEN CONTRACT Part B: 10 Part C: 90 Form WC 99 05 28 Printed in U.S.A. Process Date: Policy Expiration Date: © 2011, The Hartford City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 25, 2025 REFERENCE NO.: **M&C 25-0155 LOG NAME: 60MCCLSANDWCLS-CDM SUBJECT: (CD 3 and City of Benbrook) Authorize Execution of an Engineering Agreement with CDM Smith, Inc. in the Amount of $3,745,826.00 for the Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Design Project, Adopt Resolution Expressing Official Intent to Reimburse Expenditures from Proceeds of Future Debt Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with CDM Smith, Inc. in the amount of $3,745,826.00 for the Mary's Creek Confluence Lift Station and Walnut Creek Lift Station Design project; 2. Adopt the attached resolution expressing Official Intent to Reimburse expenditures with proceeds of future enterprise fund debt for the Mary's Creek & Walnut Creek LS project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer Commercial Paper Fund by increasing appropriations in the Mary's Creek & Walnut Creek Lift Station Design project (City Project No. 104944) in the amount of $4,717,426.00 and decreasing appropriations in the Commercial Paper project (City Project No. UCMLPR) by the same amount, to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize a contract with CDM Smith, Inc. in the amount of $3,745,826.00 for the preparation of plans and specifications for Walnut Creek and Mary's Creek Confluence Lift Stations to allow conveyance of wastewater to the proposed Mary's Creek Water Reclamation Facility on the westside of Fort Worth. In addition to the contract amount, $971,600.00 is required for project management, real property acquisitions, utility coordination, and material testing. This project will have no impact on the Water Department's operating budget when completed. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached reimbursement resolution. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds. 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's portion of the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvement Program, as follows: 60MCCLSANDWCLS-CDM Capital project Fund Name Name Fund 104944 56023 - —Mary's W&S Creek & Commercial Walnut Paper Creek LS FY2025 CIP Authority Appropriations $0.00 This M&C Budget Change (Increase/Decrease) Revised FY2025 Budget $4,717,426.00 $4,717,426.00 Funding is budgeted in the Commercial Paper project within the W&S Commercial Paper Fund for the purpose of funding the Mary's Creek & Walnut Creek LS project. Funding for the Mary's Creek & Walnut Creek LS project is depicted below: Fund Existing Additional project Total* Appropriations Appropriations Fund 56023 - W&S $0.00 Commercial Paper Project Total I $0.00I1 $4,717,426.00 $4,717,426.00 $4, 717,426.00II$4, 717,426.00 1 *Numbers rounded for presentation purposes. BUSINESS EQUITY OFFICE: The Business Equity Division placed an 8 percent business equity goal on this solicitation/ contract. CDM Smith, Inc., will be exceeding the goal at 23 percent, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. The project is located in COUNCIL DISTRICT 3 and the City of Benbrook. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are 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 Mary's Creek & Walnut Creek LS project to support the above recommendations and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project Program ctivity' Budget Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Accounts Project Programctivity Budget Reference # AmountID I ID I Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by_ William Johnson (5806) Originating Department Head: Chris Harder (5020) Additional Information Contact: Suzanne Abbe (8209) ATTACHMENTS 1. 60MCCLSANDWCLS-CDM FID Table (WCF 01.23.25).xlsx (CFW Internal) 2. 60MCCLSANDWCLS-CDM Map.pdf (Public) 3. Commercial Paper Balance as of 01.23.25 V2.xlsx (CFW Internal) 4. PBS CPN 104944.pdf (CFW Internal) 5. Res.60MCCLSANDWCLS-CDM.docx (Public) 60MCCLSANDWCLS-CDM FID TABLE 2 and 3) 56023 0700430 5110101 104944 003130 9999 $262,600.00 Water Staff Cost 2 and 3) 56023 0700430 5550102 104944 003130 9999 $4,000.00 Public Outreach 1 56023 0700430 5330500 104944 003130 9999 $3,745,826.00 Contract 2 and 3) 56023 0700430 5710010 104944 003140 9999 $400,000.00 Easement Acquisition 2 and 3) 56023 0700430 5110101 104944 003140 9999 $60,000.00 Easement Acquisition 2 and 3) 56023 0700430 5330500 104944 003140 9999 $40,000.00 Easement Acquisition 2 and 3) 56023 0700430 5740010 104944 003180 9999 $100,000.00 Easement Acquisition 2 and 3) 56023 0700430 5310350 104944 003170 9999 $4,000.00 Utility Coordination 2 and 3) 56023 0700430 5330500 104944 003184 9999 $80,800.00 Soil Lab Consultant 2 and 3) 56023 0700430 5310350 104944 003184 9999 $20,200.00 Soil Lab TPW Staff 2 and 3) 56023 2060000 104944 RETAIN Retainage Combo Code