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HomeMy WebLinkAboutContract 45530 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and CDM Smith, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Rolling Hills Water Treatment Plant Flocculation Basin Improvements, Phase 6. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall not exceed $ 537,336.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but ZE not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. l (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas � ' Standard Agreement for Engineering Related Design Services OFFICIAL R OD PMO Official Release Date:1/28/2013 s my Page 1 of 16 C1,1y E T r.W ORTK TX I (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. 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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 2 of 16 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. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 3 of 16 observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 4 of 16 H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 5 of 16 reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 6 of 16 officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 7 of 16 e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 8 of 16 equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 9 of 16 ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 10 of 16 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 and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 11 of 16 shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. 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. K. 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 Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 12 of 16 ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER' performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The 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 termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 13 of 16 services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 14 of 16 J. 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. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 15 of 16 Executed and effective this thO day of April, 2014. BY: BY: CITY OF FORT WORTH ENGINEER CDM Smith, Inc. Fernando Costa edglas . Varner, PE Assistant City Manager Vice President Date: " ° ` Date: ZI d APPROVA RECOMMENDED: By. r�4 S. Frank Crumb, PE Director, Water Department APPROVED AS TO FORM AND M&CNo.: C-26732 LEGALITY 4��P— M&CDate: March 25, 2014 By: Douglas W. Black Assistant City Attorney VOR ATTEST: o °p r x,0,0 o :. og 4 Mary J. er City Secretary OF F C L RECORqD City of Fort Worth,Texas w � Standard Agreement for Engineering Related Design Services SECRETARY PMO Official Release Date:1/28/2013 Page 16 of 16 . WORTH, T ATTACHMENT A DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS,PHASE 6 CITY PROJECT NO.:02122 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS, PHASE 6 CITY PROJECT NO.: 02122 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED The following scope of work clarifies and describes the phases of work and associated project tasks to be performed and completed by the ENGINEER. Work includes engineering services associated with the design and construction of the Rolling Hills Water Treatment Plant (RHWTP) Flocculation Improvements Project (Project). The Project will include the modification of the existing RHWTP Flocculation Basins No. 1 — No. 4 to accommodate replacement of the existing three-stage, paddle-wheel flocculation process with a two-stage, vertical-turbine flocculation process. The vertical-turbine process will be an open-basin type configuration. Related electrical, structural, instrumentation and process/mechanical modifications will be performed as required for implementation of the improvements. Additionally, the existing, manual, isolation slide gates located in the hydraulic splitter box of Rapid Mix Basins No. 1 and No. 2 require demolition and replacement. Based on information provided by the City, it is understood that the existing wall thimbles and structure are intact. Drawings, details, and specifications will be developed for replacement of the four slide gates, frames, and related lifting devices. Upon receipt of notice to proceed, ENGINEER shall develop a design memorandum, perform detailed design, prepare construction contract documents, provide assistance during bidding and construction, and provide startup and operations assistance. The work is separated into the following three general Phases and the subsequently defined Tasks: Phase 1 — DESIGN Phase 2—ADVERTISEMENT AND BIDDING Phase 3— CONSTRUCTION SERVICES City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 10 ATTACHMENT A DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 PHASE 1 — DESIGN Under Phase 1, ENGINEER will produce the design for the Project, including development of contract documents for bidding and construction. 1.0 GENERAL TASKS 1.01. Project Management ENGINEER will prepare project work plan that outlines the project scope and establishes procedures and protocol for executing the Project. The project work plan will include: the scope of work; schedule; organizational structure; communications plan; document management procedures; quality management procedures; outstanding issues and decision list; action item list; and list of deliverables. The project work plan will be dynamic in nature and therefore periodically updated. ENGINEER will also maintain complete Project files from project commencement through design and construction for review, maintaining the project work plan, and filing and storing documents. ENGINEER will track the budget and schedule on a weekly basis and meet with the City's project manager as necessary to update the schedule, progress of work, and potential changes to the scope of work. ENGINEER will provide a project status report to the City with the monthly invoice. ENGINEER will provide a monthly M/WBE Report to the City documenting work performed by and payment to the M/WBE subconsultants. DELIVERABLES A. An electronic (PDF) copy of the draft and final Project Work Plans, monthly invoices and project status reports, and monthly M/WBE Reports. 1.02. Project Meetings Project and Design Review Meetings will be held during the Design Phase with the City's Project Manager and applicable City staff to discuss aspects of the Project presently underway, project schedule, upcoming issues and review design milestone submittals. These meetings will generally be about two hours in duration and are not intended to be formal presentations. The appropriate ENGINEER team members shall attend the meetings to discuss pertinent issues. The first project meeting will be utilized to kick-off the Project, and will include introduction of the design team to the City's representatives, review the project scope, schedule, and deliverables, and present the previously developed flocculation improvement design concepts. A primary decision for the first meeting will be confirmation of the conceptual direction for design development. The previous design concept will be distributed to the City for review in advance of the meeting. Additional project meetings (4) will be held following delivery of each design milestone submittal — Design Memorandum (DM) and the 60%, 90%, and final submittals—to address City comments. These design review meetings will be held approximately one week following submittal of the design milestone submittals to City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 2 of 10 ATTACHMENT DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 provide time for review. Following their review, City staff will provide written comments to ENGINEER. ENGINEER will provide written responses to these questions. A total of five project meetings are planned for this phase of the Project. DELIVERABLES A. Original design concept memorandum. B. Meeting agendas and minutes. C. Design review response memorandum for each milestone meeting. 1.03. Process Control, Instrumentation, SCADA and Electrical Development A half-day workshop will be conducted to cover the Project I&C and electrical topics. As the RHWTP I&C and Electrical Facilities have been modified since the previous design effort, the Workshop will include: system architecture; control strategies; communications network and SCADA system; hardware, software and programming issues; standard equipment; procurement; power distribution, and electrical facilities. The scope of work does not include an evaluation process for pre-selecting a process control system. DELIVERABLES A. Workshop agenda and minutes. 1.04. Quality Assurance/Quality Control The DM will be submitted to the ENGINEER's Technical Review Committee (TRC) for review. The TRC will be comprised of senior level engineers not specifically involved with the Project. The review will provide comments and suggestions concerning process design. An internal, two-hour review meeting will be held to discuss the Project and the associated TRC comments. The 60% complete plans and specifications will be submitted for review to the same TRC utilized for the DM. The review will include process and technical feasibility, constructability, discipline coordination, and plans and specification coordination. A two hour design team review meeting will be conducted to discuss the Project and the associated TRC comments. The 100% complete plans and specifications will be submitted to the TRC for a "red-yellow-green" quality check to ensure coordination and constructability. DELIVERABLES A. TRC Comment Response Memoranda for each TRC review. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 3 of 10 ATTACHMENT A DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 1.1 REGULATORY AND PERMITTING TASKS 1.11. TCEQ Coordination ENGINEER will review documents to ensure compliance with TCEQ rules and regulations. ENGINEER will correspond with the Texas Commission on Environmental Quality (TCEQ) in Austin to review proposed design modifications for the Project to ensure timely review and approval. ENGINEER will submit 100% complete plans and specifications to TCEQ for review. Upon receipt of plan review comments, ENGINEER will respond in writing and make necessary changes to the contract documents. DELIVERABLES A. Letter response to TCEQ review comments. 1.12. Texas Department of Licensing and Regulation (TDLR) Coordination For the project defined herein, it is understood that the proposed design and construction components/facilities are considered exempt from the Texas Accessibility Standards (2012). However, as required for compliance with TCEQ requirements ENGINEER will coordinate necessary documentation with TCEQ and TDLR for the project. DELIVERABLES A. Copies of submitted documentation 1.13. Miscellaneous Permits ENGINEER will assist the City's Project Manager with their application for any necessary permits required for construction of the Project. DELIVERABLES A. Requested documentation for permit applications 1.14. Stormwater Pollution Prevention Plan (SWPPP) ENGINEER will provide information to the Contractor for their development of the SWPPP, which they will use during construction of the Project. 1.2 PROJECT DESIGN TASKS The design services for the Project include those tasks necessary to design the flocculation process and related modifications. The flocculation process design will include the following items: • Demolition of existing flocculation process equipment, instrumentation, electrical and structural components. • Design of the new, vertical-turbine flocculation process facilities, basin flow isolation features, and basin wash-down equipment. • Modification of existing and design of new electrical facilities and infrastructure. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 4 of 10 ATTACHMENT DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 • Design and coordination of associated plant SCADA and instrumentation modifications. • Design for demolition and replacement of the Rapid Mix splitter box four slide gates. 1.21. Design Memorandum ENGINEER will prepare a DM for the Project that will incorporate the items evaluated in the Design Phase and present the proposed plans associated with the Project improvements. The DM will include all process design criteria and the proposed list of major equipment, preliminary layouts of facilities, structures and buildings as applicable, process mechanical diagrams, and electrical facilities. As per Task 1.02, a design review meeting will be held with the City. Based on the comments received, the ENGINEER will update the draft DM accordingly and issue the final. ENGINEER will coordinate with TCEQ as required for submittal and approval of the DM. DELIVERABLES A. Electronic PDFs of draft and final Design Memorandum 1.22. 60% Plans and Specifications The plans and specifications for the Project will be completed to a 60% level and submitted to City for review and comment. For this project, the ENGINEER will use City's standard General Conditions section of specifications and modify as necessary in Supplementary Conditions to fit this Project. As such, the 60% documents will not include General and Special Conditions, Bid Proposal Forms, Instructions to Bidders, and all other sections generally considered to be necessary for solicitation of bids. ENGINEER will provide an electronic PDF set and five (5) half-size, hardcopy sets of 60% sealed documents to City for review. DELIVERABLES A. Electronic PDF and five sets of half-size 60% plans and specifications 1.23. 90% Plans and Specifications The plans and specifications for the Project will be completed to a 90% level and submitted to City for review and comment. ENGINEER will use City's standard General Conditions section of specifications and modify as necessary in Supplementary Conditions to fit this Project. Documents will include General and Special Conditions, Bid Proposal Forms, Instructions to Bidders, and all other sections generally considered to be necessary for solicitation of bids. ENGINEER will provide an electronic PDF set and five (5) half-size, hardcopy sets of 90% sealed documents to City for review. DELIVERABLES A. Electronic PDF and five sets of half-size 90% plans and specifications City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 5 of 10 ATTACHMENTA DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 1.24. Final Plans and Specifications The plans and specifications for the Project will be finalized based on comments from City and ENGINEER reviewers. ENGINEER will seal and sign the completed documents. ENGINEER will provide an electronic PDF set and five (5) half-size, hardcopy sets of 100% sealed documents to City for final review. These documents will also be submitted to TCEQ and other agencies for review/approval per Tasks 1.11, 1.12, 1.13, and 1.14. ENGINEER shall update plans and specifications with any final comments prior to bidding. DELIVERABLES A. Electronic PDF and five half-size sets of final documents 1.25. Opinions of Probable Construction Cost ENGINEER will prepare opinions of probable construction cost (OPCC) for the Rolling Hills WTP Flocculator Project construction based upon the Design Memorandum and the 90% complete documents. Prior to advertisement the ENGINEER will update the 90% OPCC based on the final documents. DELIVERABLES A. Opinions of Probable Construction Cost PHASE 2—ADVERTISEMENT AND BIDDING Under Phase 2 of the Project, ENGINEER will provide assistance during advertisement and bidding. 2.0 GENERAL TASKS 2.01 Project Management ENGINEER will perform project management duties, similar to those in Phase 1, throughout the Advertisement and Bidding Phase of the Project. DELIVERABLES A. Monthly invoices and status reports, and monthly MMBE Reports. 2.1 BIDDING TASKS 2.11 Advertisement and Document Distribution ENGINEER will prepare Advertisement for Bid for use by the City in advertising the Project. ENGINEER will reproduce and distribute contract documents to prospective bidders and vendors and maintain a log of distribution for the Project. ENGINEER will provide 10 sets of half-size drawings and specifications for the Project for distribution. Five (5) of these sets will be designated for City use. In addition, ENGINEER will provide 3 sets of full size drawings for distribution, two of these sets will be for Contractor use, and 5 electronic (PDF) versions of the drawings and specifications on CD. ENGINEER will submit documents to plan rooms, including those for M/WBE contractors. ENGINEER will maintain a list of plan holders for distribution. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 6 of 10 ATTACHMENT A DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 DELIVERABLES A. Advertisement for Bid, Plans and Specifications for Distribution, Plan Holders List. 2.12 Pre-Bid Conference ENGINEER will attend the pre-bid conference and answer, by written addenda, contractors' and suppliers' functional and technical questions during bidding phase. DELIVERABLES A. Pre-bid meeting agenda and meeting minutes. 2.13 Clarifications and Addenda ENGINEER will provide clarifications and answer questions from prospective bidders and vendors during the bidding phase. If necessary, such clarifications will be included in addenda. Two (2) addenda are assumed as part of the project scope. DELIVERABLES A. Addenda. 2.14 Bid Openings and Evaluation ENGINEER will attend bid opening, review bids, and assist with recommendation of contract award. DELIVERABLES A. Bid tabulations and recommendations of award. 2.15 Conformed Documents ENGINEER will prepare conformed documents for the construction Project, incorporating addenda items into the plans and specifications, and provide five (5) sets of half-size plans and the contract specifications, two (2) sets of full-size plans, and five (5) CD copies of electronic PDFs for use by City staff and Contractor during construction. DELIVERABLES A. Conformed documents. 2.16 Contract Documents ENGINEER shall prepare four (4) sets of contract documents for the construction contract, with appropriate bonds, insurance, contracts, M/WBE documentation and other forms, for contracts between the City and Contractor. DELIVERABLES A. Construction contract documents. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 7 of 10 ATTACHMENT DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 PHASE 3—CONSTRUCTION SERVICES Under Phase 3 of the Project, ENGINEER will provide general services during construction. Additionally, the ENGINEER will assist the City in the start-up of the flocculator improvements. It is understood that the City Inspector will perform day-to-day field inspection activities and he/she will communicate with the ENGINEER as needed for resolution of construction issues and management of the construction phase activities. 3.0 GENERAL TASKS 3.01 Project Management ENGINEER will perform project management duties, similar to those in previous phases, throughout the Construction Services Phase of the Project. DELIVERABLES A. Monthly invoices and status reports, and monthly M/WBE Reports. 3.02 Construction Meetings ENGINEER will attend construction progress meetings with City, City Inspector, and Contractor for the Project. ENGINEER will provide, on average, one person per meeting over a 12-month construction period (assumed for coordination of plant operations and construction) for the Project. It is assumed that twelve (12) meetings will be held, one per month, and each will last 2 hours, including pre and post meetings with the City and City Inspector. ENGINEER will be responsible for documentation of meetings and distribution of meeting minutes. DELIVERABLES A. Monthly meeting minutes 3.03 Site Visits ENGINEER will make as needed visits (6 total) to the Project site in addition to the construction meetings to observe the progress and quality of various aspects of the construction contractors' work for the Project. ENGINEER will participate in substantial completion and final completion inspections. DELIVERABLES A. Field notes, as required. 3.1 SUBMITTAL REVIEW TASKS 3.11 Submittal Log ENGINEER will log-in, track, and distribute submittals to the various disciplines and subconsultants. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 8 of 10 ATTACHMENT DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 DELIVERABLES A. None 3.12 Shop Drawings ENGINEER will perform technical and functional review of all shop drawings and other submittals. It is estimated that sixty (60) individual shop drawings and operation and maintenance manuals will be submitted for review and comment. Additionally, it is estimated that fifteen (15) resubmittals will be required. DELIVERABLES A. Shop drawing review comments 3.13 RFIs ENGINEER will respond to all RFIs, as requested by the City Inspector and Contractor. It is anticipated that the City Inspector will respond to simple clarification type questions in the field and will provide notification of responses to ENGINEER. It is estimated that fifteen (15) RFIs will be received from the contractor. DELIVERABLES A. RFI responses 3.14 Change Order Requests ENGINEER will review and comment on all Change Order requests and initiate Change Order requests when appropriate. It is estimated that two (2) change orders will be developed for the Project. DELIVERABLES A. Change request documents 3.2 TESTING TASKS 3.21 Instrumentation and Control Testing ENGINEER will provide instrumentation and control system coordination and testing during construction. Testing will include the Functional Demonstration Test and I&C ENGINEER assistance during construction. DELIVERABLES A. Documentation memoranda for approved tests 3.3 START-UP, O&M, AND PROJECT RECORDS TASKS 3.31 Plant Start-Up ENGINEER will provide up to 16 hours of assistance during plant start-up to ensure the plant is operating as designed. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 9 of 10 ATTACHMENT DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT FLOCCULATION BASIN IMPROVEMENTS PHASE 6 CITY PROJECT NO.:02122 DELIVERABLES A. None 3.32 Record Drawings ENGINEER will prepare Record Drawings for the Project using Contractor's and City Inspector's field plans as a basis for making changes. The Record Drawings will be produced with AutoCAD. The Record Drawings will be delivered to the City in electronic file PDF format on DVD. DELIVERABLES A. Electronic Copies of Record Drawings SCHEDULE The City and ENGINEER recognize the need to complete the Design Phase of this Project in a timely manner. The ENGINEER shall initiate work prescribed hereunder immediately upon the execution of the Agreement and upon issuance by City of Notice to Proceed. ENGINEER will generally conduct the Project to complete the Design Phase of the Project as shown in Attachment D. END OF ATTACHMENT A City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 10 of 10 ATTACHMENT B COMPENSATION Design Services for Rolling Hills Water Treatment Plant Flocculator Improvements Project, Phase 6 City Project No. 02122 Time and Materials with Rate Schedule Project 1. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour Principal $260 Project Manager $185 Engineer 7 $205 Engineer 6 $173 Engineer 5 $155 Engineer 4 $138 Engineer 3 $120 Engineer 2 $103 Engineer 1 $90 Drafter 8 $145 Drafter 7 $135 Drafter 6 $124 Drafter 5 $112 Drafter 4 $100 Drafter 3 $85 Admin 7 $118 Admin 6 $108 Admin 5 $98 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 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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. 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 PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Project Management; Process/Mechanical and CDM Smith, Inc Structural Engineering Design $ 331,556.00 62% and Construction Phase Services Proposed MBE/SBE Sub-Consultants Gupta and Associates Electrical and Instrumentation 38 % Design and Construction $ 205,780.00 Phase Services Non-MBE/SBE Consultants TOTAL $ 537,336.00 100 % Project Number& Name Total Fee MBE/SBE Fee MBE/SBE City Project No. 02122 Rolling Hills Water Treatment $ 537,336.00 $ 205,780.00 38 % Plant Flocculation Basin Improvements, Phase 6 City MBE/SBE Goal = 25% Consultant Committed Goal = 38 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 Wt 1 q on ri 69 o 69� v)� on a) (n rn UP on Ci ei , C" ' cry h- CD 11 'R CA 0 on W QU Flo .0 Cd C6 (,i (14 0 E�) 0 12 F-t q 1p. Ow 4°jg R 29;B �Cq C4 ci CO) CIA N on Im UJ E > ca t 0 W CI as-Ml -vg J1 UJ x 3 , W 0 E z LU co V 19 1'14 Go v v -A F ? er cL on OL '0 if 99 1: 8 Ou- "IUD E C- j � 0 00 U. E V a vi do C R a C� 0 '00 c: :2 il CL z'- a 2 0 CA�a or I ra IL 1,8 0-!,�, tm s k I C ti'III - '0"' I I�"912 1 1 5-9 , 1 . a C If F- 0) C (L 0- CD 0 I I I I I I K I I I I 1 101 1 0 19 U- E 0 0 a) Iq o1i Ci (I 11Z7 C11 cli i14 dl V I m;Qxvj 111 1 "1 1-1 lIZ7,11,11 11 m 0) CL(L ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Rolling Hills Water Treatment Plant Flocculation Basin Improvements, Phase 6 City Project No. 02122 No changes nor amendments to the Standard Agreement. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D-Project Schedule This PROTECT requires a Tier 2 schedule as directed btj the Cittl s Project Manager, and as de 'ned herein and per t1w Citil's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Microsoft Project (Version 2003/2007 or later or approved by CITY)(Pl-IASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments,if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities,key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Pagel of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/25/2014 DATE: Tuesday,March 25,2014 REFERENCE NO.: **C-26732 LOG NAME: 60RH WTP FLOCCULATION BASINS IMPROVEMENTS PH6 SUBJECT: Authorize Execution of an Engineering Agreement with CDM Smith,Inc., in the Amount of$537,340.00 for the Design of the Rolling Hills Water Treatment Plant Flocculation Basins Improvements,Phase 6 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Agreement with CDM Smith, Inc.,in the amount of$537,340.00 for the design of the Rolling Hills Water Treatment Plant flocculation basins improvements,Phase 6. DISCUSSION: On June 6,2000, (M&C C-18062) City Council authorized the execution of an Engineering Agreement with Camp Dresser and McKee,Inc., (CDM)in the amount of$4,598,833.00.Under this Agreement,CDM prepared construction plans and specifications for the upgrade of existing treatment facilities and the installation of new ozonation,backwash, filtration and high service pumping facilities to increase the plant capacity to 200 MGD from the current 160 MGD at the Rolling Hills Water Treatment Plant(Rollling Hills). The design and construction phases of the project were separated into six packages: Phase 1 —Ozonation Facilities,Phase 2—Backwash Supply,Phase 3 —Plant Process Improvements,Phase 4—High Service Pump Station,Phase 5—Chemical Facilities Improvements and Phase 6—Flocculation Basins Improvements.The first five phases of the original contract are now complete. The work in this phase includes engineering services associated with the design and construction of the Rolling Hills Flocculation Basins Improvements,Phase 6.The work includes the modification of the existing Rolling Hills Flocculation Basins No. 1 to No.4, and replacement of the existing three—stage,paddle—wheel flocculation process with a two—stage,vertical—turbine flocculation process.The vertical—turbine process will be an open basin type configuration. Related electrical, structural,instrumentation and process/mechanical modifications will be performed as required for implementation of the improvements. Additionally, drawing details and specifications will be developed for replacement of the four isolation slide gates,located in the hydraulic splitter box of Rapid Mix Basins Nos.I and 2. M/WBE Office—CDM Smith,Inc.,is in compliance with the City's BDE Ordinance by committing to 38 percent SBE participation. The City's SBE goal on this project is 25 percent. This project serves the entire City and is located in COUNCIL DISTRICT 8,Mapsco 92S. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 601510212230 $537.340.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S.Frank Crumb (8207) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1. 02122 MSBE Design Goal Request.pdf 2.FAR-00001 CIP#02122 P265.12df 3.P265 99901 3-3-14.12df 4.Rolling Hills WTP SBE COmpliance—CDM Design.pdf 5. RollingHillsWTP LocationMap.pdf