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HomeMy WebLinkAboutContract 62961CSC No. 62961 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and Carollo Engineers, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: Resident Project Representation Services for the Village Creek Water Reclamation Facility Primary Clarifiers Improvements ("Project") — Project No. 103295 . Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $3,977,400.00 ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: December 8, 2023 Page 1 of 9 VCWRF Primary Clarifiers Improvements 103295 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant 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. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 3 of 9 (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII 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 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), Consultant acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Consultant'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 Consultant 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. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 4 of 9 provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI 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 Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 5 of 9 Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn- Chris Harder, P.E., Director Water Department 100 Fort Worth Trail Fort Worth, TX 76102 Consultant: Carollo Engineers, Inc. Attn: Hutch Musallam, P.E. 100 E. 15th St. Suite 540 Fort Worth, TX 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts 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 Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 8 of 9 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Carollo Engineers, Inc. op�l Jesica McEachern Hutch Musallam, P.E. Assistant City Manager Vice President Date: 03/14/2025 Date: 3/6/2025 d�voun � ATTEST: apF FORT °a BY: °°°° °°°%vo°0d CONSULTANT �� o.1d 1 pro exo Carollo Engineers, Inc. d10 'o° o°*, ° Jannette Goodall aa�� Qezpsap� City Secretary ��- APPROVAL RECOMMENDED: Troy Laman, P.E. Vice President CGt���lto,�Gte� tfa��fe� ByChristopher Harder (Mar 10, 2025 06:52 CDT) Christopher Harder, P.E. Date: 3/6/2025 Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.:25-0105 By: Dougla,F 1025 11:17 CDT) M&C Date:2/11/2025 Douglas W Black Sr. Assistant City Attorney Form 1295 No.: 2024-1244402 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Fa,ruoLa, Go-o . qa, 3/6/2025 Farida Goderya, P.E. Sr. Project Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas VCWRF Primary Clarifiers Improvements Standard Agreement for Professional Services 103295 Revision Date: December 8, 2023 Page 9 of 9 ATTACHMENT RESIDENT PROJECT REPRESENTATION SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PRIMARY CLARIFICATION PROJECT CITY PROJECT NO.: 103295 ATTACHMENT A SCOPE OF SERVICES RESIDENT PROJECT REPRESENTATION SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PRIMARY CLARIFICATION PROJECT CITY PROJECT NO.: 103295 GENERAL DESCRIPTION This Scope of Services provides the Scope of Work, the Payment Provisions, and Schedule for professional services associated with the resident engineering and inspection services during construction. Carollo Engineers, Inc. (ENGINEER) will support the construction phase of the project as detailed below. Carollo will serve as the Resident Project Representative (RPR and liaison between the Design Engineer (CDM Smith), the Construction Contractor (Eagle Contracting, LLC) and the City's Project Manager of the VCWRF Primary Clarification Project (Project). ENGINEER does not guarantee the CONTRACTOR'S performance, nor is ENGINEER responsible for supervision of the CONTRACTOR'S operation or employees. ENGINEER is not responsible for the means, methods, techniques, sequences, or procedures of construction selected by the CONTRACTOR, or any safety precautions and programs relating in any way to the condition of the premises, the work of the CONTRACTOR or any SUBCONTRACTOR and will not be responsible for CONTRACTOR failure to carry out the work in accordance with the construction documents. ENGINEER is not responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work on the Project. The tasks below detail Carollo's Resident Engineering and Inspection Services role as the City's liaison for the Project, herein identified as the Scope of Work, for an estimated duration of 40 months from Notice To Proceed. Carollo shall be entitled to use and reasonably rely upon all such information provided by City or others in performing Carollo's services under this Scope of Work. TASK SERIES 100 GENERAL ADMINISTRATION & COORDINATION 101. Project Management ENGINEER will provide project management for services described in this scope of services, including staffing and resources, subconsultant administration, monthly invoicing. Project management is based on a duration of uo to 40 months from notice to proceed. City of Fort Worth, Texas Attachment A — July 18, 2022 PMO Release Date: 08.1.2014 Page 1 of 5 ATTACHMENT RESIDENT PROJECT REPRESENTATION SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PRIMARY CLARIFICATION PROJECT CITY PROJECT NO.: 103295 102. Pre -construction Conference ENGINEER staff will attend the pre -construction conference and prepare the agenda, record, and distribute meeting minutes to all attendees. Up to 3 people will attend for a total of 5 hours per person, including travel time and meeting documentation. TASK SERIES 200 RESIDENT PROJECT REPRESENTATIVE AND RESIDENT ENGINEERING SERVICES DURING CONSTRUCTION ENGINEER will provide the services of full-time Resident Project Representative (RPR) and a part-time Resident Engineer (RE) for up to 40 months. A total of 14,000 hours are budgeted for the RPR, RE for this effort. This includes the services of a full time on -site resident project representative average 40 hours per week, and part-time resident engineering and administration services. In addition, electrical, instrumentation and control specialty inspection will be conducted beginning the last half of the project. It is assumed that up to 1500 hours are budgeted for this effort. The details of the efforts are summarized below. 201. Web -based Electronic Document Control RPR / RE will host and facilitate the use of the City's e-Builder web -based electronic document control system for all construction related project documents, including shop drawing review, operation and maintenance manual review, meeting agendas and minutes, inspection logs, photos, requests for information (RFI), RFI log, change orders, change order log, decision log, action log, pay applications, operation and maintenance manuals, maintenance of plant operation procedures (MOP), test reports, and all other project documentation. 202. Construction Observation RPR / RE will observe Work and construction activities for conformance to contract documents, RFI responses, work change directives, field orders, and approved change orders. Daily inspection logs will be prepared and stored in the web -based construction document management system. 203. Coordinate Materials Testing Laboratory Activities Review test reports for compliance with Contract Documents. Log, track and retain test reports in the web -based electronic document control system. Review results with Contractor. Monitor any corrective action and re -test for compliance. Maintain compliance with Contract Documents. 204. Construction Progress Meetings RPR / RE will attend monthly scheduled construction progress meetings. RPR / RE will prepare meeting agendas and meeting minutes to be stored in the web -based electronic document control system. It is assumed the regular meetings will be held monthly for a duration of City of Fort Worth, Texas Attachment A — July 18, 2022 PMO Release Date: 08.1.2014 Page 2 of 5 ATTACHMENT RESIDENT PROJECT REPRESENTATION SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PRIMARY CLARIFICATION PROJECT CITY PROJECT NO.: 103295 40 months. RPR / RE will attend other meetings that occur on site as part of the construction as well, including coordination meetings with plant staff, safety or task specific meetings conducted by the Contractor, coordination meetings and site visits with Design Engineer, and other impromptu meetings that take place on site. 205. Plant Operations Coordination RPR / RE will facilitate coordination between Contractor, design Engineer and Owner. Coordination includes but is not limited to shutdowns and operational interruptions to facilitate construction, temporary piping and facilities, deliveries, staging, and access. The purpose of this task is to facilitate construction needs without adversely impacting plant operations. 206. Texas Water Development Board Coordination Coordinate with TWDB to comply with the Texas Water Development Board (TWDB) Clean Water State Revolving Fund (CWSRF) requirements during construction and for construction documentation, including: Prepare monthly reports summarizing construction progress. It is assumed that RPR / RE will submit monthly reports to the Owner and Design Engineer for review and approval prior to submission to the TWDB. Review monthly certified payrolls from the Contractor for compliance with the Davis Bacon labor wage requirements. This review will include quarterly wage -rate verification interviews with the hourly employees of the CONTRACTOR and subcontractors to determine if reported wages are following labor wage requirements. Review Contractor's monthly application for payment. RPR / RE will review Contractor payment requests and make recommendations for payment. Based on a project duration of 40 months, it is assumed that a total of 40 Davment requests will be reviewed including each month of construction, initial mobilization and bonds/insurance pay request, and final closeout pay application with release of retainage. Pay application review will include review of Contractor's compliance with TWDB minimum wage rate requirement and compliance with American Iron and Steel Requirement and Davis -Bacon Wage Rate Requirements. 207. Construction Schedule Review and Monitoring RPR / RE will review baseline schedule and monthly schedule updates for conformance to contract schedule and schedule logic requirements. RPR / RE will review construction progress for compliance with the approved schedule and contract requirements. City of Fort Worth, Texas Attachment A — July 18, 2022 PMO Release Date: 08.1.2014 Page 3 of 5 ATTACHMENT RESIDENT PROJECT REPRESENTATION SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PRIMARY CLARIFICATION PROJECT CITY PROJECT NO.: 103295 208. Electrical, Instrumentation and Control Inspection ENGINEER will provide staff to conduct electrical, instrumentation and control inspection required to complete the work in accordance with the Contract Documents. For special inspections that are required by codes or the contract documents to be performed by the City or third party, RPR / RE will coordinate with the designated entity to complete the inspections and associated documentation. 209. Change Order Review ENGINEER will process, administer and make recommendations for construction modification and change order requests. ENGINEER will coordinate the review of contract modification and change order requests by Owner and Design Engineer. It is assumed that Design Engineer will have primary responsibility for technical review and will also make recommendations or that coordination between ENGINEER and Design Engineer will result in a consensus recommendation to Owner regarding disposition of contract modification and change order requests. ENGINEER will provide technical staff (engineering and process) in support of RPR / RE as needed to review contract modification requests. The level of effort associated with this task is based on ua to 10 contract modification requests. 210. Training and Start-up Coordination RPR / RE will coordinate training, in accordance with the Contract Documents, with Design Engineer and VCWRF plant staff for newly installed equipment. 211. Record Drawing Review RPR / RE will review Contractor as -built record drawings regularly to confirm completeness. 212. Project Closeout RPR / RE will coordinate with Owner and Design Engineer to review Contractor request for substantial completion and make recommendation regarding substantial completion. RPR / RE will develop and track status of punch list items that are required to be addressed to reach final completion. Upon completion of punch list items, RPR / RE will coordinate with Owner and Design Engineer to build consensus and make a written recommendation for final completion. ASSUMPTIONS The scope of services and associated level of effort and fee are based on the following assumptions: Electrical and Instrumentation inspection effort is assumed to be required only during the later stages of construction after electrical infrastructure has been installed. Design Engineer will provide all typical engineering services during construction (ESDC) including City of Fort Worth, Texas Attachment A — July 18, 2022 PMO Release Date: 08.1.2014 Page 4 of 5 ATTACHMENT RESIDENT PROJECT REPRESENTATION SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PRIMARY CLARIFICATION PROJECT CITY PROJECT NO.: 103295 shop drawing review, RFI review, all other submittals required by the contract documents as well as review of contract modifications and change order requests for conformance with contract documents and will provide responses according to the established project workflow within the web based electronic document management system. • RPR / RE is not responsible for the design of the project. It is assumed that the Design Engineer will review and respond to any errors and/or omissions identified during construction and will coordinate and issue the corrective actions or revisions with Owner • RPR / RE shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the Design Engineer. RPR / RE shall not exceed the limitation of Owner's Representative authority as set forth in the Agreement of the Contract Documents. • RPR / RE trailer, offices, furniture, conference room for use during meetings, restroom facilities with consumables shall be provided for the project duration with shared use by the City and other project team members. • It is understood that ff there is additional scope or effort required to complete the construction observation then ENGINEER will be requesting additional services or amendment to the contract. • ENGINEER shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, ENGINEER shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Carollo's subconsultants, that impact project completion and/or success. City of Fort Worth, Texas Attachment A — July 18, 2022 PMO Release Date: 08.1.2014 Page 5 of 5 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 I d ATTACHMENT B COMPENSATION RESIDENT ENGINEERING AND INSPECTION SERVICES DURING CONSTRUCTION FOR VILLAGE CREEK WATER RECLAMATION FACILITY (VCWRF) PRIMARY CLARIFICATION PROJECT City Project No. 103295 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: i. Field Personnel Time. Field Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.00. Field personnel are identified as those who are dedicated full time at the project site. ii. Personnel Time. Personnel time (other than field personnel) shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.25 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. iii. 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. PECE (project equipment and communications expense) will be billed at a rate Of $ 15.00 per hour charged to the PROJEC. iv. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). v. 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. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 LIM ATTACHMENT B COMPENSATION If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. 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 AM IV. Summary of Total Project Fees Firm Prime Consultant Carollo Engineers, Inc ATTACHMENT B COMPENSATION Primary Responsibility Construction Observation (except electrical and I&C) Proposed MWBE Sub -Consultants Mbroh Engineering Electrical and I&C Construction Observation Fee Amount % $ 3,672,900.00 92.3% $ 304,500.00 7.7% TOTAL $ 3,977,400.00 100% Project Number & Name Total Fee MWBE Fee MWBE % City Project Number: 103295 $_3,977,400.00 $_304,500.00_ _7.7_% Resident Engineering and Inspection Services During Construction for Village Creek WRF Primary Clarification Project City MWBE Goal = _% Consultant Com mtted Goal = _7.7_ % City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 LIM EXHIBIT B-1 Resident Project Representation Services For Village Creek WRF Primary Clarifier Project City of Forth Project No.: 103295 Project Project Professional/ Manager/ Part Time Project Resident Resident Project Category Principal Engineer Representative Admin AVG Raw Rate (2026 midpoint) $ 1050d $ n-od $ 70-od $ 4s 00 Direct Labor Rates (Multiplier 3.0 for full time RPR, 3.25 for others) $ 341 $ 250 $ 228 $ 146 Total Hours 1926 4746 7006 820 Task Carollo Hours Sub Hours Carollo Labor $ Subtotal Carollo LABOR Subtotal Carollo PECE@ $15.00 per hour Mileage/Car Mbroh (SBE) Mark-up on Subs Subtotal Hours $ $ 14498 100 GENERAL ADMINISTRATION & COORDINATION 326 146 6 20 498 $152,100 $7,470 $100 $0 152,200 101 102 Project Management (12 hours per month for 40 months Pre -Construction Con erence includes minutes (6 hours pp, for 3 people) 320 6 140 6 6 20 480 18 S 147,160.00 S 4,917.00 200 SERVICES DURING CONSTRUCTION (Total Time) 1600 4600 7000 800 14000 1500 $ 3,410,150.00 $3,410,150 $210,000 1 $80,100 $304,500 1 $30,450 $3,825,200 Carollo Upto 14,000 hours and 40 months tlectrlcal & I&G Inspection (Sub) upto 16UU hours 1600 4600 7000 800 1500 $304,500 $30,450 $3,562,250 $217,470 $80,200 1 $304,500 $30,450 $3,977,400 MWBE/SBE% 7.7% Version 4 15-Nov-24 Professional Services Invoice Project: I Village Creek Water Reclamation City Project #: 1103295 PO # City Sec Number: IN/A Company Name: Icarollo Engineers, Inc. Consultant's PM: Paul Dossett Supplier Invoice #: Payment Request M Service Date:From Service Date:To Invoice Date: Clarifiers Farida Summa Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start eBuilder and Add your invoice to the Consultant folder within Project's folder. email: M882-0528 om Office Address:et, Suite 540, Fort Worth, TX 76102 Telephone: Fax: Remit Address: Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Sheet FID and Work Type Description Amount Amount Date Amount Spent Previously Invoice Balance Work Type 1 Sewer Design $3,977,400.00 $3,977,400.00 $3,977,400.00 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice $3,977,400.00 $3,977,400.00 $3,977,400.00 Overall Percentage Complete: Professional Services Invoice Project Manager. Fanda Goderya Project: Village Creek Water Reclamation Facility Primary Clarifiers Improvements City Project #: 103295 Work Type Desc: supplier Instructions: FID: City Sec Number: NIA Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close, start eBuilder and Add your invoice to the Consultant folder within Project's folder. Company Name: Carollo Engineers, Inc. Supplier's PM: Paul Dossett email: pdossett@carollo.com Supplier Invoice #: Office Address: 100 East lsth Street, Suite 540, Fort Worth, Tx 76102 Payment Request #: Telephone: (817) 882-0528 Service Date:From Fax: (817)882-9975 Service Date:To Invoice Date: Remit Pay Items Agreement LTD Agreement Amendment Amendment Amount to Completed Description Amount Number Amount Date Amount 30- Study Sewer Desiqn $3,977,400.00 $3,977,400.00 Totals This Unit: $3,977,400.00 $3,977,400.00 Overall Percentage Complete: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance $43,977,400.0 $3,977,400.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Resident Project Representation Services for Village Creek Water Reclamation Facility Primary Clarifier Project City Project No. 103295 No Changes City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE Master Project Schedule The project schedule will follow the construction contract documents (by others) and is estimated at 40 months. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 Az J- - -Ask. ATTACHMENT 7" CERTIFICATE OF INSURANCE Resident Project Representation Services for Village Creek Water Reclamation Facility (VCWRF) Primary Clarification Project City Project No. 103295 City of Fort Worth, Texas Attachment F Atraclimenl C:rsdc: D573119 111 21432917 POLICY NUMBER. 0313.9010 ENDORSEMENT NOTICE OF CANCELLATION TO DESIGNATED UNTITY(IrS) Policy No. 0313-9010 Issued to Carollo rEngineers, Inc. Issued by Allied World Surplus Lines Insurance Company In consideration of the premium charged, it is hereby agreed that Section VIII. CONDITIONS, Subsection H. is amended to include the following: In the event of cancellation or lion -renewal of this Policy, the Company will provide Er thirty -day notice to the entity with whom the Named Insured has agreed, pursuant to a prior written contract, to provide to such entity with a notice of cancellation or non -renewal, Provided, however, that in the event of cancellation for non-payment of prerniutrr, the Company shall provide to such entity a ten-day notice of cancellation before the effective dater of cancellation. In addition, .in. the event of a reduction in the Limits of Liability of this Policy not resulting from payment of Damages or Defense Expenses, tho Company will provide a sixty-day notice to the entity with whom the Named Insured has agreed with, pursuant to a prior written contract, to provide such entity with a notice of such reduction in limits. As a condition precedent to providing the notices specified above, the Named Insured will provide the Company, within ten (10) business days of the Cantpany's request, the names and addresses of the entities with whom the Named Insured agreed to provide the notices specified above. In the event the Named Insured omits or fails to provide the foregoing information, the Company shall not provide such notices, The Company's failure to provide such notices will not extend the Folicy cancellation date, negate cancellation, non -renewal or reduction in limits, or this Policy. Nor shall such failure be cause: Cor legal action against the Company. All other terms, conditions and limitations of this Policy shall .remain unchanged, CE1 Manu (06/23) Atlachmcnt C:odc: D586787 Currifiroic 11); 21452917 POLICY NUMBER: GLO 9730569 Notification to Others of Cancellation, Nonrenewal or Deduction of Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Prod uctslCompleted Operations Liability Coverage Part A. If we cancel or non -renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prlor to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice If indicated in the Schedule below. B. if we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown In the Schedule below at least 10 days prior to the effective date of such cancellation, C. if coverage afforded by this Coverage Part(s) Is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mall or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. R. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) Number of 1 Organization($): [lays Notice: All certificate holders where notice of cancellation is required by written contract with the Named 30 Insured_ _ All olher terms and condifions of this policy remain unchanged. U-Gt-1447-A Cw (4511 pa Includes copyrighted material of Insurance Services Office, Mr., with Its permission, Attachment Cade: D573129 C:ertiliaate ID: 2145291/ POLICY NUMBER: GLO 9730569 COMMERCIAL GENERAL LIABILITY GG 20 37 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization, other than an architect, Any Location or project, other than a wrap-up or other engineer or surveyor, whom you are required to add as consolidated insurance program location or project for an additional Insured under this policy under a written which Insurance is otherwise separately provided to contract mark or written agreement executed prior to you by a wrap-up or other consolidated Insurance loss. program Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section 11— 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". 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. CG 20 37 12 19 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance, Artnchmenr C,odc: 0573191 C'erlilicale ID. 21452917 POLICY NUMBER: GLO 9730569 G. With respect to the Insurance afforded to these additional Insureds, the following is added to Section III —Limits Of Insurance: 2. Available under the applicable Lirnits of Insurance; whichever Is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance. will pay on behalf of the additional insured Is the amount of insurance: 1. Required by the contract or agreement; or CG 20 10 12 19 Atluchnirrit Code: D573125 C:ortiFicalu ID- 21452917 POLICY NUMBER: BAT' 9730571 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REACT 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. E.Y4l:1�i1111l= Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional Insured status or additional insured status on a primary, non-contributory basis, In a written contract or written agreement executed prior to loss, except where such contract or agreement Is prohibited by law. 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 parson or organization qualities as an "Insured" under the Who Is An Insured provision contained In Paragraph A.I. 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 Allactlineill Code: D573128 CCTIiFlGaW ID; 21452917 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreemeni from us.) This agreement shall not operate directly or indirectly to benefit anyone riot named In the Schedule. Schedule Any person or organization you are required to waive your rights of recovery in o written contract, agreement or permit with the Named Insured. This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise stated - (The information below Is required only when this endorsement is issued subsequent to preparation ❑f the policy.) P❑llcy N❑. WC 9730570 Insured CAIROLLO ENGINEERS, INC. Insurance Company Zurich American Insurance Company We000313 Altaclunent Cade. D573178 Certificale 117: 214521117 POLICY NUMBER: GLO 9730569 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY, PLf;ASI= READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PRojECT WHERE THE INSURED IS PERt±ORMING OPERATIONS; HOWEVER, ONLY ONE GENERAL AGGREGATE LIMIT WILI, RPPLY TO ALL CONSTRUCTION PROJECTS WHERE THE INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP—UP OR ANY OTHCR COMBINED, CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above, will be shown In the declarations, A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -- Coverage A, and for all medical expenses caused by accidents under Section I -- Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above; 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily Injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. claims made or "suits" brought; or o. Persons or organizations making claims or bringing "suits". Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated constructlan project shown in the Schedule above. The limits shown in the ❑eclarations for Each Occurrence. Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 05 09 Insurance Services Office, Inc., 2006 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 11, 2025 REFERENCE NO.: **M&C 25-0105 LOG NAME: 60VCWRF PRIMARY CLARIFIERS RPR-CAROLLO SUBJECT: (CD 5) Authorize Execution of a Professional Services Agreement with Carollo Engineers, Inc. in the Amount of $3,977,400.00 for Resident Project Representation Services for the Village Creek Water Reclamation Facility Primary Clarifiers Improvements, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Professional Services Agreement with Carollo Engineers, Inc. in the amount of $3,977,400.00 for Resident Project Representation Services for the Village Creek Water Reclamation Facility Primary Clarifiers Improvements; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Village Creek Primary Clarifiers Replacements Phase 1 project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the Village Creek Primary Clarifier Replacements Phase 1 project (City Project No. 103295) in the amount of $3,977,400.00 and decreasing appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) by the same amount. DISCUSSION: The Village Creek Water Reclamation Facility (VCWRF), a 166 million gallons per day (MGD) plant, comprised of primary, secondary and tertiary treatment, chlorine disinfection and de -chlorination. The VCWRF produces anaerobically digested biosolids, which is processed at the Biosolids Dewatering and Processing Facility. The VCWRF currently has 18 primary clarifiers, consisting of 12 small 80-foot diameter clarifiers and 6 large 160-ft diameter clarifiers, located in the southeast corner of the plant. On October 15, 2024, Mayor and Council Communication (M&C) 24-0855, the City Council authorized a contract with Eagle Contracting, LLC in the amount of $98,319,734.00 for the Village Creek Water Reclamation Facility Primary Clarifiers Improvements project consisting of the replacement of the 12 small clarifiers, which were constructed in 1956, 1963, and 1971 and have outlived their useful lives. This M&C will allow Carollo Engineers, Inc. to provide resident project representation services during construction of the project. Staff considers the proposed fee to be fair and reasonable. This project will have no impact on the Water Department's operating budget when complete. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority 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 from tax-exempt bond proceeds. It is the practice of the Water Department to appropriate its Capital Improvement Program (CIP) plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The action 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. Funding for VCWRF Primary Clarifier Replacements Phase 1 project is depicted below: 60VCWRF PRIMARY CLARIFIERS RPR-CAROLLO Capital Project Revised FY2025 CIP Budget Change Fund Name Appropriations Authority (Increase/Decrease) FY2025 Name Budget 56023 — 103295 — W&S VC Commercial Primary $30,676,608.36 This M&C $3,977,400.00 $34,654,008.36 Paper Fund Clarifies REPLPH1 Funding is budgeted in the Commercial Paper project within the W&S Commercial Paper Fund, for the purpose of funding the Village Creek Primary Clarifiers Replacement Phase 1 project. Funding for the Village Creek Primary Clarifiers Replacement Phase 1 project is depicted below: Fund Existing Additional Project Total* Appropriations Appropriations Fund 56020 - Water & Sewer Revenue $1,623,300.00 $0.00 $1,623,300.00 Bonds Series 2022 Fund 56022 - W&S Rev $4,035,605.00 $0.00 $4,035,605.00 Bonds Series 2024 Fund 56024 — W&S Rev Bonds Series $57,000,000.00 $0.00 $57,000,000.00 2024B Fund 56023 — W&S Commercial $307676,608.36 $3,977,400.00 $34,654,008.36 Paper Fund 56018 — WS Capital $1,839,596.94 $0.00 $1,839,596.94 Project 2020 Fund 57003 — Sewer Impact $11,068,124.00 $0.00 $11,068,124.00 Fee Project Total � $106,243,234.30 � $3,977,400.00 �$110,220,634.30 *Numbers rounded for presentation. Business Equity: The Business Equity Division placed a 7.41 percent business equity goal on this solicitation/contract. Carollo Engineers, Inc., will be exceeding the goal at 7.66 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 5, VCWRF serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the UCMLPR 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 VC Primary Clarifier REPL PH project to support the above recommendations and execution of the construction contract. 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 ProgramActivityl Budget Reference # Amount ID ID I , Year (Chartfield 2) FROM Fund Department Account Project Programctivityl Budget Reference # Amount ID 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: Farida Goderya (8214) ATTACHMENTS 1. 24-103295(VCWRF Primary Clarifiers Replace ment)CM-NS.pdf (CFW Internal) 2. 60VCWRF PRIMARY CLARIFIERS RPR-CAROLLO FID Table (WCF 01.08.25).xlsx (CFW Internal) 3. 60VCWRF PRIMARY CLARIFIERS RPR-CAROLLO funds avail.docx (CFW Internal) 4. 60VCWRF PRIMARY CLARIFIERS RPR-CAROLLO Map.pdf (Public) 5. Commerical Paper Balances as of 01.08.25.xlsx (CFW Internal) 6. Form 1295 Certificate 101297711 signed.pdf (CFW Internal) 7. ORD.APP 60VCWRF PRIMARY CLARIFIERS RPR-CAROLLO 56023 A025(r3).docx (Public) 8. PBS CPN 103295.pdf (CFW Internal) 9. RES.60VCWRF PRIMARY CLARIFIERS RPR-CAROLLO 1.15.25.docx (Public) 10. SAM.gov search Carollo.Ddf (CFW Internal) FIDs Bud et Rec # I Fund Dept # Account Project ID Activity Budget CF 2 Program Amount Purpose Year Rec # Fund Dept # Account Project ID Activity Budget CF 2 Program Amount Purpose Year riVb IMEVEMUC Uf CJlYC19.7C MU 1%1% Uf <7L CI7LFICb 19CCUCU Rec # Fund Dept # Account Project ID Activity Budget CF 2 Program Amount Purpose Year Xfer Xfer Xfer