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HomeMy WebLinkAboutContract 27797 06 a , ; CITY SECRETARY CONTRACT NO. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP DRESSER&McKEE FOR TRNITY RIVER SIPHON PROJECT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City of Fort Worth, a municipal corporation situated in Tarrant County, Texas, acting by and through Gary Jackson, its duly authorized City Manager, hereinafter called "CITY" and Camp Dresser & McKee, acting herein by and through Richard W. Sawey, its duly authorized Vice President and Client Officer,hereinafter called"ENGINEER", do enter into the following agreement. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein contained the parties hereto do hereby covenant and agree as follows: ARTICLE I SERVICES Section 1. The City hereby contracts with the Engineer as an independent contractor, and the Engineer hereby agrees to perform the services herein described with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The design of sanitary sewer facilities for the Trinity River Siphon Project(the Project). Section 2. The services to be performed by the Engineer shall include the following, but are not limited to, scope of services listed in Exhibit "A" attached hereto, incorporated herein and made a part hereof for all intents and purposes. ARTICLE II PHASES AND SCHEDULES Engineering work for the Project shall be completed according to the schedule in Exhibit"B". ARTICLE III COMPENSATION A. The Engineer shall be compensated as described in Exhibit "C" and on the basis of the hourly rate schedule included as Exhibit "D" of this Agreement. In addition, the Engineer's compensation shall be on the basis of Salary Cost times a multiplier of 2.35. B. Actual out-of-pocket expenses that are incurred during the progress of the work will be paid at the Engineer's cost plus 10 percent. The actual out-of-pocket expenses include: air fare, automobile rental if required, mileage charges,parking, tolls, taxi,meals, lodging, telephone, printing and reproduction costs, and other miscellaneous costs incurred specifically for this project. G���uGM� C. For additional work done by subconsultants, at the actual cost to the Engineer of such services plus 10 percent. D. The total compensation(inclusive of Paragraphs A, B and C above) for all of the services to be performed by the Engineer as described in Article I, Section 2 shall not exceed$299,629 and shall be described in Exhibit"E". E. It is understood that this Agreement contemplates the full and complete engineering services for the Project including any or all charges necessary to complete the work as outlined in the Scope of Services.Nothing contained herein shall be construed as authorizing any additional fees for services to provide complete plans, specifications, easements, permits, or other services, as necessary for successful completion of the Project. The Engineer acknowledges by execution of this Agreement that such contingencies as may be deemed necessary and proper have been included in the basic fee. ARTICLE IV AUTHORIZATION, PROGRESS AND COMPLETION The City and the Engineer agree that the project is planned to be completed in accordance with the Project Schedule in Exhibit B which is attached hereto and made a part hereof. The Engineer shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, he shall not be responsible for schedule delays resulting from conditions beyond his control. With mutual agreement, the City and the Engineer may modify the project schedule during the course of the project and if such modifications affect the Engineer's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by the City shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation therefore, all as agreed upon by the City and Engineer. It is understood that this Agreement contemplates the full and complete engineering services for the Project including any and all services necessary to complete the work as outlined in Exhibit A and A-1 General and Supplemental Scope of Engineering Services other than Additional Engineering Services. Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for successful completion of the Project other than Additional Services. The Engineer acknowledges by execution of this contract that such contingencies as may be deemed necessary and proper have been included in Exhibit C-Compensation. ARTICLE V PROGRESS REPORTS The Engineer shall submit monthly progress reports to the Director of the Water Department. If the Engineer determines in the course of making design drawings and specifications that the cost estimate of( )will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such facts to the City's Director of the Water Department and, if so instructed by the Director of the Water Department, shall suspend all work hereunder. ARTICLE VI TRANSFER OF AGREEMENT The Engineer shall not assign, sublet or transfer, in whole or part, its interest in this Agreement without the prior written consent of the City. 2 ARTICLE VII SUSPENSION OF SERVICES The City may suspend, in writing,all or a portion of the services provided under this Agreement in the event unforeseen circumstances beyond the control of the City make normal progress in the performance of services impossible. The Engineer may request that the services be suspended by notifying the City, in writing, of circumstances which are interfering with normal progress of the services.The time of completion of the services shall be extended by the number of days the services are suspended. In the event that the period of suspension exceeds ninety(90) days, the terms of this Agreement are subject to renegotiation and both parties are granted the option to terminate services on the suspended portion of the project in accordance with Article VIII. ARTICLE VIII TERMINATION OF AGREEMENT Section 1. The City may terminate this Agreement at any time for convenience or for any cause by notice in writing to the Engineer. Upon receipt of such notice, the Engineer shall immediately discontinue all services and work and the placing of all orders or entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. Section 2. If the City terminates this Agreement under the foregoing Section 1, the City shall pay the Engineer the full amount due for services performed prior to such termination, which payment shall be based upon the billing rates defined in Article 3.A of employees engaged on the project by the Engineer up to the date of termination of the Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Article III herein. Section 3. All completed or partially completed reports prepared under this Agreement, including the original drawings, shall become the property of the City when the Agreement is terminated, and may be used by the City 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 in this agreement. ARTICLE IX SUCCESSORS AND ASSIGNS The City and the Engineer each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR Engineer covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City; that the Engineer shall have the exclusive control of and the exclusive right to control the details of work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between the City and the Engineer, its officers, agents, employees, contractors, subcontractors,and consultants, and nothing herewith shall be construed as creating a partnership or joint enterprise between City and Engineer. 3 ARTICLE XI DISCLOSURE By signature of this Agreement, the Engineer warrants to the City of Fort Worth that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. The Engineer further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. ARTICLE XII INDEMNITY AND INSURANCE Approval by the City of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Engineer, its officers, agents, employees, and subcontractors, for the accuracy and competency of the services performed under this Agreement, including, but not limited to, evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the performance of the Engineer's professional services or in preparation of the evaluations, reports, investigations, surveys, designs, working drawings and specifications or other engineering documents by the Engineer, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. In this connection, the Engineer shall indemnify and hold the City and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all persons, including, but not limited to, officers, agents or employees of the Engineer or subcontractors, and all persons performing any part of the work and improvements which may arise out of negligent act, error or omission in the performance of the Engineer's professional services or in the conduct or preparation of evaluations, investigations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith. The Engineer shall defend at its own expense any suits or other proceedings brought against the City and its officers, agents, servants, and employees or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against the them or any of them, in connection therewith, provided and except, however, that this indemnification provision shall not be construed as requiring the Engineer to indemnify or hold the City or any of its officers, agents, servants, or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in the design criteria and information furnished to Engineer by City, or any deviation in the construction from the Engineer's designs, working drawings, specifications or other engineering documents. Without limiting the above indemnity, Engineer shall provide to City a Certificate of Insurance as proof that the Engineer has obtained a policy of comprehensive general liability coverage(occurrence basis) with carries acceptable to the City, covering all risks relating to the services to be performed under this Agreement, by the Engineer, its subcontractors and subconsultants, such insurance to be in at least the following amounts: Bodily Injury Liability $250,000 Each Person $500,000 Each Occurrence Property Damage Liability $300,000 Each Occurrence Contractual Bodily Injury Liability $250,000 Each Person $500,000 Each Occurrence Contractual Property Damage $300,000 Each Occurrence The Engineer shall not commence work under this Agreement until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such 4 insurance shall be in the minimum amount of $2,000,000 and shall include coverage of Contractually Assumed Liability. The Insurance coverage prescribed herein shall be maintained until one (1) year after City acceptance of the construction project and shall not be canceled without prior written notice to the City. In this connection, upon signing and return of this Agreement by the Engineer, a Certificate of Insurance shall be furnish to the City as evidence that the insurance coverage required herein has been obtained by Engineer, and such certificate shall contain the provision that such insurance shall not be canceled or modified without thirty(30) days prior written notice to the City. Engineer shall notify the City within ten(10)days of any modification or alteration in such Professional Liability Insurance. ARTICLE XIII MiWBE COMPLIANCE Upon request, Engineer agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the Project and payment therefore. Engineer further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer will be grounds for termination of the Agreement and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud will result in the Engineer being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3) years. ARTICLE XIV RIGHT TO AUDIT Section 1. Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, 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. The 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 the Engineer reasonable advance notice of intended audits. Section 2. Engineer further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that the 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. The City shall give the subcontractor reasonable advance notice of intended audits. Section 3. Engineer and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Engineer for the cost of the copies as follows: (a). Fifty(50)Copies and Under-Ten(10)cents per page. (b). More than fifty(50) copies-Eighty five(85)cents for the first page plus fifteen cents for each page thereafter 5 ART I C L E XV AGE In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Engineer covenants that neither it nor any of its officers, members, agents, employees, engaged in performing this Agreement, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Engineer further covenants that neither it nor its officers, members, agents, employees, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Agreement, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Engineer warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subconsultants against City arising out of Engineer's and/or its subconsultants' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Agreement. ARTICLE XVI DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Engineer warrants that it and all of its subconsultants will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Engineer or any of its subconsultants. Engineer warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subconsultants against City arising out of Engineer's and/or its subconsultant's alleged failure to comply with the above-referenced law concerning disability discrimination in the performance of this Agreement. ARTICLE XVII VENUE-LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE XVIII EXHIBITS The following exhibits are made part of this Agreement: Exhibit A—General Scope of Services Exhibit A I —Supplemental Scope of Services Exhibit B -Project Schedule Exhibit C-Compensation Exhibit D—Hourly Rate Schedule Exhibit E—Task and Hour Summary 6 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be signed in quintuplet in its name and on behalf,by its Assistant City Manager and attested by its City Secretary, with the Corporate Seal affixed, and the Engineer also has properly executed this instrument in quadruplet copies each of which is deemed an original. EXECUTED in the City of Fort Worth,this day of A.D., 2002. ATTEST CITY OF FORT WORTH t By: 6. By. ,/y-G ria Pearson Garyackso /�{ City Secretary City Manager APPROVAL RECOMMENDED: Camp esser McKee By: B Dale A.Fisseler, P.E. chard W. Sawey,P.E.,DE Water Department Director Vice President APPROVED AS O FORM AND LEGALITY: By: Gary Meinberger Assistant City Attorney Date: ` /V/ Contract Authorization 61 - Ll"0.1 Date AP,I E'V G?EaPy F2 ��TH n) EXHIBIT A TO AGREEMENT FOR ENGINERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC. FOR TRINITY RIVER SIPHON PROJECT GENERAL SCOPE OF SERVICES "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict benwen the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services. " GENERAL 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies to meet their requirements. 3) Geotechnical Investigations The Engineer's scope of services shall include six (6)test borings to an estimated depth of 40 feet each. In the event it is determined necessary to make additional borings or excavate additional test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the additional borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans in to compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineer and other utilities. Trinih,River-Exhibit A A-I 4/25102 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineer's own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the Agreement shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the Project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of- way sketches,prepare necessary easement description for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of- way, easements,permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4)copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility lines or adjustment to existing utility lines within the Project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the wastewater work, and shall submit such evaluation in writing to the City as part of this phase of the Project. Trinity River-Exhibit A A-2 4/25/02 10) Conceptual Plans The Engineer shall furnish four(4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's Project Manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, profiles and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit fifteen (15)copies of Phase 2 preliminary construction plans and five (5)copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities. The Engineer shall receive written approval of the Phase 2 plans from the City's Project Manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four(4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specifications Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards,bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's Project Manager before proceeding with Phase 4. Trinity River-Exhibit A A-3 4/25/02 PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contacts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the City in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the City as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the City in evaluating bids, or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. 19) Recommendation of Award The Engineer shall assist in the review of all bids received for the construction of the Project and shall make a recommendation of award to the City. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and full/part-time inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the Project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. Tnmtv River-Exhibit A A-4 4/2$/02 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill tests reports on materials and equipment. 24) Instruction to Contractor The Engineer shall provide necessary interpretations and clarifications of Contract Documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare Record Drawings from information submitted by the Contractor. Trinih,River-Exhibit A A-5 3/25/02 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") FOR TRINITY RIVER SIPHON PROJECT The following is a clarification of the tasks that the Engineer will perform under Exhibit "A". Work under this Exhibit"A-1"includes engineering services for design of the new Trinity River Siphon system across the Trinity River for the parallel 96-inch diameter sewer mains entering the Village Creek Wastewater Treatment Plant(VCWWTP), including structural design of the upstream siphon flow proportioning structure. Upon receipt of Notice to Proceed, Engineer will conduct preliminary design studies, perform detailed design,prepare construction Contract Documents, provide assistance during bidding and construction, and coordinate design and construction sequencing with the Engineer's ongoing VCWWTP improvement project. The work is separated into the following five phases: ■ System Evaluation and Preliminary Design Report ■ Preliminary Design ■ Final Design ■ Advertise and Bid ■ Construction Services I. SYSTEM EVALUATION AND PRELIMINARY DESIGN REPORT A. General A.1 Engineer will conduct initial kickoff meeting with the City to introduce project team members, establish protocol and lines of communication, gather all available documents pertinent to the Project, and discuss Project scope and schedule. CDM team members to be present include the project manager(PM),project engineers (PE), and lead structural, electrical and instrumentation engineers. In addition,the lead engineers for each of the major subconsultants will be present. A.2 Engineer will coordinate meetings and required correspondence with the U.S. Corps of Engineers in Fort Worth to discuss the Project and potential requirements by the Corps. It is anticipated that the Trinity River Siphon Project falls under the U.S. Army Corps of Engineers (USACE) Regional General Permit(RGP)to authorize work pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbors Act of 1899. The Engineer's work includes preparation of the application for authorization under the RGP (CESWF-99-RGP-2), but does not include services for a Section 404 Permit, which may include an Environmental Assessment. Trinity River Exhibit A-I EAl-1 4/25/02 A.3 Engineer will conduct an on-site upstream sewer system reconnaissance to evaluate the existing sewer main siphon boxes and upstream splitter structures to verify conformance with the Record Drawings and discuss concerns, operability and desired changes with the plant operations staff. This subtask will include CDM's design engineers and subconsultants as necessary. A.4 Engineer will conduct a formal Technical Review Committee (TRC) meeting regarding the Study/Pre-Design Phase Recommendations. TRC members will be senior members of Engineer's staff who have not otherwise been involved in the Project. City staff shall also be part of the TRC. A.5 Engineer will hold one progress meeting during the Study/Pre-Design Phase with the City staff to discuss aspects of the Project presently underway, project schedule, and upcoming issues. This meeting will generally be about two hours duration and is not intended to be a formal presentation. The appropriate CDM team members will attend the meeting to discuss pertinent issues. A.6 Project Management. Engineer will prepare a written project management plan which outlines the project scope and protocol for conducting the project. This work plan will be prepared in preliminary format for internal review and submitted to the City at the Kickoff Meeting for review and comment. A final work plan will be prepared which incorporates review comments. Engineer will track the budget and schedule on a weekly basis. Engineer will meet with City's Project Manager monthly to update the schedule, progress of work, and potential changes to the scope of work. A.7 A Technical Memoranda(TM)will be prepared to present results of the various issues and topics of the entire Study/Phase. It will outline the issues involved, alternatives considered, include preliminary cost estimates, and make recommendations. Appropriate graphics, charts, diagrams, and tables will supplement the text to provide a complete working summary document. The TM document will not be formally printed and report bound. Ten copies of the TM will be provided to the City. In order for the Engineer to maintain his project schedule, the City shall revise and respond in writing to all Technical Memoranda within 72 working hours of time such papers are received by the City. Engineer shall respond to City's review comments and, after agreement is reached, incorporate agreed upon changes into the final status paper. B. Siphon System Design Analysis B.1 Engineer in conjunction with City staff will establish the maximum allowable flow through the Trinity River Siphon based on input from Village Creek Plant and Field Operations Staff and present the proposed alternative(s) for limiting and/or controlling the flow rate through the Siphon system. Prepare calculations for base hydraulics for dual 96- inch mains in relation to base plant flow. The hydraulic calculations will take into account the upstream backwater impact of the siphon on the dual 96-inch mains,junction structures and the Walker Branch main. Trinity River Exhibit A-1 EA 1-2 4,'25/02 B.2 Perform field investigation of upstream structures, including the Walker Branch Flow Proportioning Structure and upstream manholes in conjunction with City staff. Collect field data of water surface elevations and flow rates. Based on the above information, the Engineer will determine the required size and arrangement of the new siphon. B.3 Engineer will evaluate alternatives for diversion of flow from the two existing 96-inch mains for distribution to the two existing proposed siphon systems. Constructability and maintenance of flow issues will be discussed in the evaluation. Costs associated with each alterative will be presented. B.4 Engineer will present operational flexibility related to the siphon system for feedback from the City staff. System hydraulics will be summarized. B.5 Preliminary permanent and temporary easement requirements will be presented for discussion. B.6 Engineer will perform aerial orthographic survey of proposed siphon location and portion of the VCWWTP site imparted by the project. The scaled digital photograph will be used as background in the construction drawings. B.7 A Technical Memorandum will be prepared and distributed discussing the siphon system. Preliminary plan views and sections will be presented depicting the upstream siphon structure, proposed siphon system design,and tie-in downstream siphon box to be located at VCWWTP. C. Construction Sequencing and Coordination with VCWWTP Improvements C.1 Engineer will present construction sequencing and coordination alternatives. Provisions for maintenance of sewer main flows to the treatment plant during construction will be summarized. Coordination of construction sequencing for the project with the ongoing VCWWTP improvements project will be presented to the City. C.2 A Technical Memorandum will be prepared and distributed discussing the construction sequencing and coordination with VCWWTP improvements. II. PRELIMINARY DESIGN PHASE D.1 Engineer will perform design topographical surveying for the siphon project site. Engineer will verify existing permanent control points and bench marks to USGS datum. The survey work will be performed by Gorrondona&Associates, Inc. D.2 Engineer will conduct geotechnical investigation for design of the siphon (6 soil borings). The geotechnical work will be performed by Terra-Mar, Inc. D.3 Engineer will prepare a preliminary cost estimate for the proposed Trinity River Siphon. D.4 Engineer will prepare a preliminary set of drawings and outline specifications that incorporate the items evaluated in the Study/Phase and present the proposed plan for the siphon. Fifteen (15)copies will be submitted to the City. Trinity River Exhibit A-1 EA 1-3 4/25/02 III. FINAL DESIGN PHASE A. General A.1 Engineer will perform TRC review of contract documents at the 60% complete stage and a constructability review of completed documents. A.2 Engineer will conduct monthly progress meetings during the Final Design Phase with City Staff to review work completed to date,project schedule, and other issues. These meetings will be approximately one hour in duration. A.3 Engineer will perform project management duties through the design phase, including tracking budget and schedule and meeting with the City's project manager on a monthly basis for project updates. B. Plans and Specifications Engineer will prepare complete contract documents (plans and specifications) for use in bidding and constructing the work. 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 technical specification sections generally considered to be necessary for defining the work and solicitation of bids. B.1 Engineer will provide City ten(10) sets of review documents at 60% and 90% completion. B.2 Engineer will provide reduced size (11" x 17")drawings and specifications for bidding purposes. Engineer will furnish ten(10)full size sets and twenty(20)reduced size (11" x 17")sets of all documents for City's use during construction. B.3 Engineer will submit completed documents to the required agencies for review/approval and respond to their comments. C. Cost Estimate C.1 Engineer will prepare opinions of probable project cost for the construction project based upon 60% complete documents and the final documents. IV. CONSTRUCTION PHASE A. General CDM anticipates providing Construction Management services for the VCWWTP improvements project and anticipates the Siphon Project to be built concurrently. CDM will facilitate coordination communications and project requirements between the construction contractors for the Trinity River Siphon Project and VCWWTP Improvement Project. A.1 Engineer will attend pre construction and construction progress meetings with City, Construction Manager, and Contractor. Up to 8 meetings will be attended. Trinity River Exhibit A-I EA 1-4 4/25/02 A.2 Engineer will make periodic visits to project site to observe the progress and quality of the various aspects of the contractors' work. Up to 10 site visits will be made. Engineer will participate in Substantial Completion and Final Completion inspections. A.3 Engineer will perform project management related duties, similar to those in the previous phases, throughout construction. B. Bidding B.1 Engineer will reproduce and distribute contract documents to prospective bidders and vendors and maintain a log of distribution. For the siphon project, Engineer will provide 40 sets of half-size drawings and specifications for distribution. In addition, Engineer will provide 30 sets of full size drawings for distribution. B.2 Engineer will attend the pre-bid conference for the siphon construction project and answer,by written Addenda, contractors' and suppliers' functional and technical questions during bidding phase. B.3 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. B.4 Engineer will attend bid opening,review bids,prepare bid tabulation,and assist with recommendations for contract awards. C. Submittal Review C.1 Engineer will perform technical and functional review of all shop drawings and other submittals. C.2 Engineer will respond to all RFIs. CDM will respond to simple clarification type questions and will provide copies of responses to Engineer. C.3 Engineer will review and comment on all Change Order requests and initiate Change Order requests when appropriate. CA Engineer will log-in, track, and distribute submittals to the various disciplines and subconsultants. D. Startup and Warranty Period D.1 Engineer will provide up to 24 hours of assistance during construction phasing required to bring the siphon online. D.2 Engineer will consult with the City's plant and engineering staff on a monthly basis, for a period not to exceed 12 months, to review outstanding issues,problems and related matters, and advise on possible solutions and actions to be undertaken by the City. D.3 Engineer will perform project management related duties, similar to those in the previous phases, throughout the Startup and Warranty Period. Trinity River Exhibit A-l EA 1-5 4/25/02 E. Record Drawings E.1 Engineer will prepare Record Drawings using Contractor's and CDM's field plans as a basis for making changes. The Record Drawings will be produced on AutoCad files. E.2 The AutoCad files for the Record Drawings will be delivered to the City on computer diskette. In addition, one set of mylar reproducible drawings will be provided to the City. V. SCHEDULE A. The City and the Engineer recognize the need to complete the Pre-Design and Design Phases 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. A schedule including all project tasks and deliverables is presented in Attachment"B". Engineer will generally follow this schedule so as to complete the Pre-Design and Design Phases of the project by November 11, 2002. END OF EXHIBIT "A-1" Trinity River Exhibit A-1 EA 1-6 4,'25/02 EXHIBIT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP, DRESSER, & MCKEE, INC. FOR THE TRINITY RIVER SIPHON PROJECT SCHEDULE' • Award of Contract June 2002 • Study Phase June 2002 —August 2002 • Deliver Study Phase Memorandum August 19,2002 • Review Meeting August 26, 2002 • Submit Section 10 USACOE Permit App. September 9, 2002 • Deliver Preliminary Design Documents September 23, 2002 • Review Meeting October 7, 2002 • Deliver Final for Review Documents October 28, 2002 • Review Meeting November 4, 2002 • Advertise Project November 11, 2002 • Open Bids December 16, 2002 • Begin Construction March 2003 • Complete Construction December 2003 All dates are given as"the week of..." EXHIBIT C TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC. FOR THE TRINITY RIVER SIPHON PROJJECT COMPENSATION I. BASIC ENGINEERING SERVICES For engineering services provided under Exhibit "A-1", the CITY shall pay the ENGINEER on a Salary Cost Method an amount not to exceed $299,629.00, according to Paragraphs A, B and C below. A. Labor. The ENGINEER shall be compensated for the services of his personnel on the basis of Salary Cost times 2.35 for the time such personnel are directly utilized on the work. Salary Cost is defined as the cost of salaries(including sick leave,vacation, and holiday pay applicable thereto)plus unemployment, excise, and payroll taxes; and contributions for social security, employment compensation insurance, retirement benefits, and medical and other insurance benefits. The salaries of any personnel assigned are subject to reasonable modification by the ENGINEER throughout the term of this Agreement; however, such modifications will not affect the upper limit value of this Agreement. B. Other Incidental Direct Costs. The Engineer shall be compensated at his cost plus 10 percent for all costs other than salary costs that are incurred pursuant to this Agreement, but which are not normally included as part of the ENGINEER's overhead. These costs include, but are not limited to: air fare, automobile rental, mileage charges, parking,tolls, taxi, meals, lodging, telephone, printing and reproduction costs,computers and word processors,postage and mailing costs, and other miscellaneous costs incurred specifically for this project. C. Subconsultant Services. For all subconsultant services the ENGINEER shall be compensated at his actual subconsultant cost plus 10 percent. Trinity River Siphon EXHIBIT C C-1 425/2002 II. ADDITIONAL SERVICES A. For Additional Services provided outside the scope defined in Exhibit"A-1", as approved by an amendment to this Agreement, the CITY will pay the ENGINEER for Labor, Other Incidental Direct Costs and Subconsultants on the same basis as described in Paragraph I of this Attachment"B". III. INVOICE AND PAYMENT PROCEDURES A. Invoice and payment procedures shall be in accordance with Article III of the Agreement and Paragraph B below. B. Partial payment shall be made monthly upon receipt of an invoice from the ENGINEER,prepared from the books and records of the ENGINEER, outlining the amount of hours worked by each employee, the employee's name and classification, and the employee's salary rate along with itemized charges for any subcontract and Other Incidental Direct Costs work performed during the period covered by said invoice. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by the ENGINEER's Project Manager. Payment according to statements will be subject to certification by the Director of Engineering or his duly authorized representative that such work has been performed. END OF EXHIBIT C Trinity River Siphon EXHIBIT C C-2 4/25/2002 EXHIBIT D TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP, DRESSER, & MCKEE, INC, FOR TRINITY RIVER SIPHON PROJECT SCHEDULE OF HOURLY BILLING RATES HOURLY CATEGORIES RATES PROFESSIONAL SERVICES: OFFICER $ 210.00 SENIOR PROFESSIONAL $ 180.00 PROFESSIONAL II $ 130.00 PROFESSIONAL I $ 80.00 PROFESSIONAL SUPPORT SERVICES SENIOR SUPPORT SERVICES $ 85.00 STAFF SUPPORT SERVICES $ 70.00 PROJECT SUPPORT SERVICES PROJECT ADMINISTRATION $ 50.00 All subconsultant and other project related expenses are subject to a minimum handling/administrative charge of 10%. EHXHIBIT E Task and hour Summary City of Fort Worth Trinity River Siphon Project BASIC SERVICES CO PM OC S—.M SO-1 CAD SItw.1 Ad r Sai En r.Ste En SwvTwh Drdtw Adan 100 Ph—I-Sy—Evduak, 0 0 0 0 0 0 0 0 0 0 0 0 0 101 klltd ark Plw6iq 28 0 2 01 0 2 3 0 9 0 102 M-.U...6 7 0 0 0 0 1 0 0 0 0 0 103 DdS CdbA..1dRdd k."020- 61 0 3 2 0 0 0 0 104 NtdYe MOd-i t#+4kSwn SO—ww PAPOt ICS a 11°! 18 3 0 1 K 40 121 16 40 0 w 105 RaM Mnev W CNy 20 1 4 0 0 0 0 4 4 0 0 4 0 ' 201 Mw V—k 3 5 1 4 0 0 0 0 0 0 0 0 0 2 5 202 Mom Pred.Wp 357 1 34 5 65 u is 60 28 80 16 6 0 203 Rw11w M�lkp Id Cay 20 4 4 4 0 0 0 4 0 0 0 4 0 27 as 12 4 102 319 0 39 1 301 MwmeOwnmt 135 3 Sr 0 0 0 0 0 0 0 0 0 25 302 Soh.D.0 605 10 86 19 97 0 0 100 50 315 0 16 0 r 3n3 City R&A— a6 4 Is a a 12 4 2 a 4 a 20 0 401Furnish Bid D—t, 53 0 3 0 3 0 0 0 3 32 4 8 0 402 Bid S-6— 99 0 34 2 a 4 3 6 4 6 0 30 0 501 Cmsiructm Services 187 4 B6 2 12 0 6 61 0 502 Prdsl CL44oA 51 2 a 0 2 0 03 08 60 00 .1 6 4 TOLL DAM EFFORTS 2091 45 449 59 202 60 27 229 147 568 65 235 9 $9,360 $57,02 $7,562 $29,068 $5.760 $1.299 50.632 $11.760 $46.200 64224 510.526 $SII KWIC SERVICES-EXPENSE COSTS REM ITEM DESCRIPTION - UNIT CITY AMT 1 Postage 6 Freight LS $ 125 125 7 Phorte LS S 50 50 3 ReproduClOn(MWBE) LS, $ 2,450 2,450 1 Mileage 0.385 Lrrnb 500 160 5 T." LS S 2,450 2,450 6 Geotech(6 h01eS at 40 fl)(MWBE) S40 $ 240 9,600 7 Aerial PhOlas(MWBE) LS 5 3,650 3,650 0 Su MRV $ 6,000 61000 RDawTotals 700% $ 0 24.505 9 Expense Markup 2,451 TOTAL DIRECT EXPENSES $26,951 50 Basic Services Total - $257,2S3.10 SPECIAL SERVICES SPECIAL SERVICES TOTALS 60 6 16 4 0 0 0 4 4 12 0 12 0 $6.67].60 $1664 S2.046 $512 50 so $0 $832 $.320 $960 50 5536 50 SPECIAL SERVICES-EXPENSES REM ITEM DESCRIPTION UNIT UNIT QTY AMT 1 Postage 5 Freight LS $ 30 30 2 Ph, L9 $ 50 50 3 Reproduction(MVII LS S 1,025 1,025 4 Mileage 0.365 S/mNe 192 70 5 Perritittirrig Assistance(NIVI Ls $ 31,100 31,100 Raw Totals 32,275 5 Dkect nse Markup10.0% $ 0 3,226 TOTAL DIRER EXPENSES $35,5-0-2-N-1 ISpecial Ssrlvices Total - $42,376.19 T TAL EFFORTS $21111,629 MAYBE PARTICIPATION 1 Reproducmn(MWBE) Trevkn $3,475 1.2% 2 Geotech(6 hoes al 40 ft)(MWBE) T4nwnr $9.600 3.2% 3Aerial PhMn(MWBE) ADS $3.650 1.2% 4 Surveyig(MWBE) OerrerlderSn 58,000 2.0% 5 USAGE Pwm1 A4ablwc4 MWBE TWm $31,100 10.4% TOTAL MWBE PARTICIPATION $53,825 18.0% SWw6atWapeed042302 CDM City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5!7!02 **C-19076 60CAMP 1 of 2 SUBJECT EXECUTE A CONTRACT WITH CAMP DRESSER & MCKEE, INC. TO CONDUCT A WHOLESALE WATER RATE STUDY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Camp Dresser & McKee, Inc. in an amount not to exceed $96,000 to conduct a study for wholesale water rates. DISCUSSION: The uniform wholesale water contracts presently in effect between the City and wholesale customers require annual rate revisions with an extensive cost of service study to be performed by a consultant every three years. By contract, the wholesale customers provide the City with the names of qualified firms and the City selects a firm. Through an evaluation process, which included involvement of representatives from the wholesale customers, it was recommended that Camp Dresser & McKee, Inc. be retained to perform the cost of service study for the FY2002-2003 wholesale water rates. Camp Dresser & McKee, Inc. has significant background in rate development and is capable of meeting time schedules established in the wholesale contracts. Under the proposed study, Camp Dresser & McKee, Inc. will: • Review and analyze "test year" data; • Establish revenue requirement; • Allocate costs of service to customer classes; • Design water rates; • Conduct periodic status meetings with the Wholesale Water Advisory Committee and City staff; and • Update the rate model and user manual. M/WBE - Camp Dresser & McKee, Inc. is in compliance with the City's M/WBE Ordinance by committing to 29% M/WBE participation. The City's goal on this project is 10%. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/7/02 **C-19076 60CAMP 2 of 2 SUBJECT EXECUTE A CONTRACT WITH CAMP DRESSER & MCKEE, INC. TO CONDUCT A WHOLESALE WATER RATE STUDY FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. BG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Bridgehe Garratt(A ctmg) 6140 Originating Department Head: Dale Fisseler 8207 (from) APPROVED 05/07/02 PE45 539120 0609010 $96,000.00 Additional Information Contact: Dale Fisseler 8207