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HomeMy WebLinkAboutContract 36182 ^IT"t' SECRETARY01 CITY OF FORT WORTH, TEXAS -'G°'4 FRA T NO & STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Camp Dresser & McKee Inc., (the "ENGINEER"), for a PROJECT generally described as: Northside IV 1.0 Million Gallon Elevated Storage Tank and 24/30" Water Transmission Main. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is 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 to reasonably substantiate the invoices. (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. (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, including interest. 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) � Page 1 of 15 .r�,�r ORDINAL 71 U 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, 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 plastic film sheets, 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. STANDARD ENGINEERING AGREEMENT(REV 10;06105) Page 2 of 15 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, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 3 of 15 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. 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 and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 4 of 15 J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) 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 three (3) 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 subcon-sultant 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. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence STANDARD ENGINEERING AGREEMENT(REV 10106/05) Page 5 of 15 A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and 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) 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. (a) 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. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) 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. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. STANDARD ENGINEERING AGREEMENT(REV 10/06i05) Page 6 of 15 (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) 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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions in writing. (j) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be 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) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably 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. STANDARD ENGINEERING AGREEMENT(REV 10106/05) Page 7 of 15 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 ENGINEER will, if requested, assist the CITY 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. 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. STANDARD ENGINEERING AGREEMENT(REV 10/06105) Page 8 of 15 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 and will provide labor and safety equipment as required by the ENGINEER for such access. 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 in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. STANDARD ENGINEERING AGREEMENT(REV 10/06105) Page 9 of 15 G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article W.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 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 STANDARD ENGINEERING AGREEMENT(REV 10106/05) Page 10 of 15 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 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. 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 5 days of written notice and diligently complete the correction thereafter. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 11 of 15 (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 storage containers, microfilm, 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 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 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 (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 12 of 15 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. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. 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.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 13 of 15 L. 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 14 of 15 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 Exhibit A-1 — Supplemental Scope of Services Attachment B — Compensation Exhibit B-3 — Cost Summary Exhibit B-4 — Engineering Fee Development Attachment C - Amendments to Standard Agreement for Engineering Services (Not Used) Executed this the.--,96 day of% L6 , 2007. ATTEST: CJTY OF FORT WORTH in Marty Hendrix Marc A. Ott City Secretary Assistant City Manager - u y APPROVAL RECOMMENDED Con tracL Au illC .. ..r.ui.,. 07 fjLS Crumb, Director Water Department APPRO D AS T OR AND LEGALITY Amy J. m�ey Assist t Ci Attorney CAMP DR.23S15R & McKEE INC ENGI ER By: ,L:z Richard W. Sawey, P.E. Vice President STANDARD ENGINEERING AGREEMENT(REV 10/06i05) Page 15 of 15 II 71 r � i • 57 l G r,' �I •0 p ATTACHMENT "A" TO AGREEMENT FOR ENGINERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP DRESSER&McKEE INC. FOR NORTHSIDE IV 1.0 MILLION GALLON ELEVATED STORAGE TANK AND 24/30"WATER TRANSMISSION MAIN 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 between 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 street,and storm drain and/or water and 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 shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate 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 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. Northside W EST and Water Transmission Main 10/31/2007 Attachment A A-1 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 Engineers 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 contract 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 City of Fort Worth 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 City of Fort Worth 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 liens 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 water,wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. Northside IV EST and Water Transmission Main 10/31/2007 Attachment A A-2 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 street/storm drain and 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, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty(20)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 and storm drain lines. 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. Northside IV EST and Water Transmission Main 10/31/2007 Attachment A A-3 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 owner 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 owner 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 owner 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 tabulation and 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 route 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. Northside IV EST and Water Transmission Main 10/31/2007 Attachment A A-4 l 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. END OF ATTACHMENT "A" Northside N EST and Water Transmission Main 10/31/2007 Attachment A A-5 ATTACHMENT `B" TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP DRESSER& McKEE INC. FOR NORTHSIDE IV 1.0 MILLION GALLON ELEVATED STORAGE TANK AND 24/30" WATER TRANSMISSION MAIN COMPENSATION AND SCHEDULE I. BASIC ENGINEERING SERVICES For engineering services provided under Attachment"A", the City shall pay the Engineer on a Salary Cost Method an amount not to exceed $580,079.00, 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 2.3 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% 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%. D. 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 work performed and expenses incurred during the period covered by said invoice. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. Payment will be subject to the certification of the Director of the Water Department or his duly authorized representative that such work has been performed. Vorthside IV EST and Water Transmission Main B-1 10 31 1007 %ttachment B I1. ADDITIONAL SERVICES For Additional Services provided outside the scope defined in Attachment"A"and 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. SCHEDULE Exhibit "A-1"(Supplemental Scope of Services) shall be completed in accordance with the project schedule as presented in Exhibit"A-1". END OF ATTACHMENT "B" Vorthside 1V EST and Water Transmission Main 'l 10 11 1007 Attachment _ B B G w EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") FOR NORTHSIDE IV 1.0 MILLION GALLON ELEVATED STORAGE TANK AND 24/30"WATER TRANSMISSION MAIN The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for improvements to the Northside IV pressure plane. Upon receipt of notice to proceed, the ENGINEER will shall conduct data collection, complete a preliminary engineering report, perform detailed design, prepare construction contract documents and provide assistance during bidding and construction. The work is separated into the following three phases: ■ Preliminary Design ■ Final Design ■ Construction Services The design and the construction phases will have two (2) separate packages: ■ 1.0 MG Elevated Storage Tank ■ 14,000 linear feet of 24-inch/ 30-inch Transmission line I. PRELIMINARY DESIGN PHASE A. General A.I ENGINEER shall 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 Assignment, and discuss project scope and schedule. A.2 ENGINEER shall meet with the Federal Aviation Administration (FAA) to discuss possible tank site locations to expedite the approval/permit process. The elevated storage tank will be located in the vicinity of Hicks airfield. A.3 In addition to data obtained from the City, ENGINEER will identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, and property ownership as available from the Tax Assessor's office. Northside IV EST and Water Transmission Main EA1-1 10/31/2007 Exhibit A-1 AA ENGINEER will perform field investigations necessary to evaluate the proposed tank site locations and proposed pipeline alignments. The City's Northside IV Pressure Plane hydraulic model will be obtained for evaluation of tanks sites and pipeline routes. Additional information to be collected shall include; zoning maps, Geographic Information Systems (GIS) information, digital aerial photo maps, and photographic record of tank sites and proposed pipeline routes. A.5 ENGINEER shall hold monthly progress meetings during the Preliminary Design Phase with the City staff to discuss aspects of the project presently underway, project schedule, and upcoming issues. These meetings will generally be about one (1) hour duration and are not intended to be formal presentations. The appropriate ENGINEER team members shall attend the meetings to discuss pertinent issues. ENGINEER shall prepare meeting minutes documenting the meetings. A.6 During the preliminary design phase, ENGINEER shall coordinate with all utilities, including utilities owned by the City and franchise utility companies. ENGINEER will coordinate with Texas Department of Transportation (TxDOT) and railroads as necessary for project. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. ENGINEER shall complete all forms necessary for City to obtain crossing permits from TxDOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. B. Preliminary Design B.1 ENGINEER shall conduct a tank site evaluation to locate possible locations for the tank. ENGINEER shall evaluate a maximum of two tank sites locations. Both sites will be evaluated for hydraulic, geotechnical, and FAA constraints. ENGINEER will select options for the final tank site location. ENGINEER will meet with the City to discuss the results and receive the City's comments. ENGINEER will make revisions to the proposed tank site location as requested by the CITY and revise the document as deemed appropriate. B.2 ENGINEER shall conduct an alignment study to evaluate possible locations for the water transmission line. ENGINEER shall evaluate a maximum of two pipeline routes for each proposed tank location. The following items will be evaluated for each proposed pipeline route: access for main, pavement repair if necessary, conditions requiring bore/tunneled construction, availability of future development, construction access for pipeline, and obstacles such as creeks, railroads, highways, parks, schools, cemeteries, etc. Water Distribution System Network Modeling will be conducted using City's existing computer model to evaluate the impact of the pipeline alternative routes. The modeling will be used to confirm the appropriate pipeline size, and review system operating pressures under each scenario evaluated. Peak day conditions over a 24- hour period will be evaluated for operation of the Northside W EST and Water Transmission Main EA1-2 10/31/2007 Exhibit A-1 tank and re-filling. ENGINEER will select options for the final pipeline location. ENGINEER will meet with the City to discuss the results and receive the City's comments. B.3 ENGINEER shall prepare a Site Evaluation Memorandum that will address both the proposed site location of the elevated storage tank and the alignment of the proposed transmission line. BA Once the tank site and pipeline route have been established, ENGINEER shall turn over site locations for CITY to meet individually with affected landowners to negotiate the acquisition of the tank site property and pipeline easement. If the negotiations are not successful and condemnation is required, ENGINEER will assist the City through the condemnation process. B.5 Geotechnical investigations including soil borings, field and laboratory tests, and related engineering analyses and recommendations will be performed for the elevated storage tank site and along the pipeline alignment. For purposes of establishing a level of effort for this task, it has been assumed that four(4)borings to 50-foot depth for the elevated tank, three (3) borings to 25-feet depth for the bore crossings and nine (9) borings to fifteen-feet (15) depth along the pipeline will be taken. Two (2) copies of the geotechnical report will be provided to the City. B.6 ENGINEER shall perform topographical surveys to collect horizontal and vertical elevations and other information that will be needed for use by ENGINEER in design and preparation of plans for both projects. Additional information to be obtained through the survey will include: ■ Meets and bounds of the elevated tank site. ■ Topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. B.7 ENGINEER shall consult with the City's Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities and government agencies to determine the approximate location of underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. B.8 Locations of existing utilities which require Subsurface Utility Engineering (SUE) Level A will be identified in the pipeline project. For purposes of establishing a level of effort for this task, it has been assumed that there will be approximately 10 locations for quality level A SUE services in the pipeline proj ect. Northside W EST and Water Transmission Main EAl-3 10/31/2007 Exhibit A-1 B.9 ENGINEER shall locate horizontal position of existing underground utilities (by using geophysical prospecting equipment) that cross or are in a close proximity of the proposed 24-inch/ 30-inch transmission line. B.10 ENGINEER shall prepare a preliminary opinion of probably construction cost for each proposed design package: ■ 1.0 MG Elevated Storage Tank ■ 14,000 linear feet of 24-inch/ 30-inch Transmission line II. DESIGN PHASE A. General A.1 ENGINEER shall conduct monthly progress meetings during the Design Phase with City Staff to review work completed to date, project schedule, and other issues. These meetings will be approximately two hours in duration. ENGINEER shall prepare meeting minutes documenting the meetings. A.2 ENGINEER shall conduct review meetings with City staff for the 60% and 90% complete submittals. A.3 ENGINEER shall perform project management duties through the design phase, including tracking budget and schedule and meeting with City's project manager for project updates. B. Plans and Specifications ENGINEER shall prepare complete contract documents (plans and specifications) for use in bidding and constructing the work. The work will be designed, bid and constructed in two separate packages. ■ 1.0 MG Elevated Storage Tank ■ 14,000 linear feet of 24-inch/30-inch Transmission line Separate sets of contract documents will be provided for each package. ENGINEER shall use City's standard General Conditions section of specifications and modify as necessary in Supplementary Conditions to fit these projects. Documents shall include General and Special Conditions, Bid Proposal Forms, Instructions to Bidders, and all other sections generally considered to be necessary for solicitation of bids. Northside IV EST and Water Transmission Main EA1-4 10/31/2007 Exhibit A-1 ENGINEER shall prepare necessary documentation and applications for submittals and permits required for both construction projects from: ■ Texas Commission on Environmental Quality(Plan Review/Approval) ■ Federal Aviation Administration ■ Union Pacific Railroad ■ Texas Department of Transportation (Right of Way or Easement) ■ TXU Electric (Right of Way or Easement) ■ Storm Water Pollution Prevention Plan ■ Texas Department of Licensing and Regulation (Accessibility review) B.1 1.0 MG Elevated Storage Tank The design services under Task ILB.1 include those tasks necessary for designing a 1.0 MG elevated storage tank and the associated appurtenances. This design will include: ■ Proposed tank location, plans, profiles, cross-sections and details of the 1.0 MG elevated storage tank and the associated piping. ■ Site plan including, grading, drainage, paving and parking, fencing, landscaping and irrigation, as required by the City code. ■ Electrical for site power and lighting ■ Instrumentation for the City SCADA system. ■ A passive sacrificial anode type of corrosion protection system ■ Production of Plans and Specifications B.2 24-inch/30-inch Transmission Pipeline The design services under Task H.B.2 include those tasks necessary for designing approximately 14,000 linear feet of 24-inch and 30-inch water transmission line from Avondale Haslet Road to the proposed 1.0 MG elevated storage tank in the Northside IV pressure plane. This design will include: ■ Proposed water line plan and profile ■ Recommended pipe size, fire hydrants, water lines, gate valves, isolation valves, air release valves and blow-off valves, related appurtenances and all pertinent information needed to construct the pipeline ■ Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. ■ Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are planned that may impact the proj ect. ■ A passive sacrificial anode type of corrosion protection system ■ Production of Plans and Specifications Northside IV EST and Water Transmission Main EA1-5 10/31/2007 Exhibit A-1 B.3 ENGINEER shall provide the City ten (10) sets of review documents at 60% and 90% completion. An additional Sixteen (16) sets of review documents will be made for the transmission line project for distribution to the utility companies that will be affected by the projects. BA ENGINEER shall provide five sets of 100% complete documents to City for final review. These documents shall also be submitted to TCEQ for review/approval. ENGINEER shall update plans and specifications with any final comments prior to bidding. C. Cost Estimate C.I ENGINEER shall prepare opinions of probable project cost for each construction project based upon 90% complete documents and the final documents. D. Bidding D.I ENGINEER shall reproduce and sell contract documents to prospective bidders and vendors and maintain a log of distribution. For each of the two construction projects, ENGINEER shall produce forty (40) sets of half-size drawings and specifications for distribution. Fifteen (15) of these sets will be designated for City use. D.2 ENGINEER shall attend the pre-bid conference for each of the two construction projects and answer, by written addenda, contractors' and suppliers' functional and technical questions during bidding phase. D.3 ENGINEER shall provide clarifications and answer questions from prospective bidders and vendors during the bidding phase. If necessary, such clarifications will be included in addenda. DA ENGINEER shall attend bid openings, review bids, and assist with recommendations for contract awards. D.5 ENGINEER shall prepare eight (8) sets of contract documents, with appropriate bonds, insurance, contracts, M/WBE documentation and other forms, for contracts between the City and Contractor. Northside IV EST and Water Transmission Main EA1-6 10/31/2007 Exhibit A-1 III. CONSTRUCTION PHASE A. General A.1 ENGINEER shall attend monthly construction progress meetings with City, Construction Manager (selected and contracted by City), and Contractor. ENGINEER shall provide, on average, two (2) persons per meeting. For purposes of establishing a level of effort for this task, it has been assumed that each construction project will have 15-month durations. It is assumed the meetings will last about 2 hours. A.2 ENGINEER shall make periodic visits to project site to observe the progress and quality of the various aspects of the contractors' work. ENGINEER shall participate in substantial completion and final completion inspections. A.3 ENGINEER shall perform project management related duties, such as submittal review and answering RFIs, throughout construction. A.4 ENGINEER shall prepare exhibits, provide the City with the database listing the names and addresses of all residents and businesses to be affected by the proposed projects, and attend a public meeting to help explain the proposed projects to the residents. This City shall select a suitable location and mail the invitation letter to the affected customers. B. Submittal Review B.1 ENGINEER shall perform technical and functional review of all shop drawings and other submittals. B.2 ENGINEER shall respond to all RFIs, as requested by the Construction Manager. It is anticipated that the Construction Manager will respond to simple clarification type questions and will provide copies of responses to ENGINEER. B.3 ENGINEER shall review and comment on all Change Order requests and initiate Change Order requests when appropriate. B.4 ENGINEER shall log-in, track, and distribute submittals to the various disciplines and sub consultants. B.5 ENGINEER shall prepare Record Drawings using Contractor's and City's Construction Manager's field plans as a basis for making changes. The Record Drawings shall be produced on AutoCAD files. B.6 Electronic files of the Record Drawings shall be delivered to the City on computer diskette. In addition, one set of mylar reproducible drawings shall be provided to the City for each of the projects. Northside W EST and Water Transmission Main EA1-7 10/31/2007 Exhibit A-1 N. SCHEDULE A. The City and the ENGINEER recognize the need to complete the Preliminary 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. ENGINEER will generally follow this schedule so as to complete the Design Phases of the project as follows: ■ 1.0 MG Elevated Storage Tank December 31, 2008 ■ 24 / 30—inch transmission line December 31, 2008 END OF EXHIBIT "A-1" Northside IV EST and Water Transmission Main EA1-8 10/31/2007 Exhibit A-] EXHIBIT "B-3" NORTHSIDE IV ELEVATED TANK AND PIPELINE PROJECT Project Engineering M1WBE M/WBE °Phase Description Fee FEES /o 1 Pipeline Routing Study/Tank Site Evaluation $60,469 $0 0.0% 2 Preliminary Design $296,474 $116,596 39.3% 3 Final Design $136,333 $45,875 33.6% 4 Bid Phase $14,779 $0 0.0% 5 Construction Administration/Record Drawings $49,014 $0 0.0% 6 On-Site Resident Representative $23,010 $0 0.0% TOTAL $580,079 $162,471 28.0% -r — - M/WBE Engineering Services Proposed M/WBE Sub-Consultant Services Fee % Gupta&Associates, Inc. Electrical/Instrumentation $22,805 19% Engineering Design Gorrondona &Associates, Inc. Surveying $96,000 16.5% Metha West Brashear Site Plan,Drainage, $9,500 1.6% Irrigation Mas-Tek Engineering Geotechnical $21,746 3.7% I Jim Daniels Assoicates Right-of-way Services $12,420 2.1% TOTALI $162,471 1 28.0% P:t0515-FWWDtNS IV Elevated Tank\Contracts\NSIV EST Engineering Services Agreement\Exhibit B-3.xls 2 a 0 0 of 0 0 N 0) O) 0 ,1- O Cl) N (D COI O OI O O N N O 0) 00 r, Cn CC) O O t- 0) "t Cf i 00 00 t- 00 CDNt O � 00 C`') J t� r (O f� N tf7 ',;tM (.0 d' ItO N O O O CS7 7 00 N t� O (V "It O 00 N t- M N M M t� �_ (D N LO N O CO M.: N 4 N N N CO Lo CO (fl N (fl N I N OJ 69 (f? 69 Efl CO Cn C) 69 6 3 Efl 69 69 r69 69 (fl Efl 0 0 0 0 0 O O O LO CA O O O I 0 0 0 0 0 CA L to y O 69 co 00 00 O It CO O N N (V CC)1 O O 6q co CC) N 00 ` O 00 00 00 6S t- 69 N r 00:N Lf) N N f� Lq U) f� CO f� O Ch 00 M _ 69 Efl 00 (q m C (fl'69 69 N r CN f� E9 Cl) yd EF3r (fl (fl US,CL 69 6 W � (O 00 O CO O O N t N M O N (0 CO N M M C tl) M e- r V r cM 00 M Y�Q x O O O O O O O N 'Y O N N O N N LL') M lC) 00 to O CO 00 Cl) N, 7 r CA 0 U) CO t N � •- 00 V = III et m O a+ Cn U7 0 0LO c i 0 Cn N O N ' COI N O S 00 't O N N !� V C) N CD CO CO M Cn N 't N V 00 41 a c x x � W W cr a+ 00 O N O O O 00 V' M N N -tlzr '�t CO CO OD ,I- O ti G1 W OD 'zT � N O O O �t 00 m Q y m i r N rcv O m _ C a � i CO 00 w 00 00 O M M r LO O d O G� CL 0 N W Q a III V V C > > I N I.L. 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L r aoam o CL mop Y m - z 3:m~ ~ Q a E Y Q U C9 u) a cn G1 Q o 0 000o U1 000000 U W 1— �i m (n co ti ao Ci City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/9/2007 - Ord. No. 17688-08-2007 DATE: Thursday, August 09, 2007 LOG NAME: 60NORTHSIDE IV REFERENCE NO.: **C-22296 SUBJECT: Authorize Execution of Engineering Agreement with Camp Dresser and McKee, Inc., for the Northside IV 1.0 Million Gallon Elevated Storage Tank and 24/30" Water Transmission Main and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $580,079.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$580,079.00 from available funds; and 3. Authorize the City Manager to execute an engineering agreement with Camp Dresser & McKee, Inc., in the amount of$580,079.00, for the Northside IV 1.0 Million Gallon Elevated Storage Tank and 24/30" Water Transmission Main. DISCUSSION: On March 13, 2002, (M&C C-19013) the City Council authorized the execution of an engineering agreement for the update to the Water System Master Plan. This study provided schedules for major water capital improvement projects through the year 2025. The update to the water master plan contains projections for both population growth and corresponding potable water demands of each pressure zone within the Water Department's service area, including the rapidly growing Northside service area. The Water Master Plan recommended that a 1.0 Million Gallon Elevated Storage Tank be constructed to provide service to the Northside IV pressure plane along with the installation of approximately 14,000 linear feet of 24/30" water main, connecting the proposed elevated storage tank with a proposed developer installed 24" line, located at the intersection of Avondale Haslet Road and US 287. The proposed elevated storage tank will be located approximately one mile west of the intersection of Tinsley and Business 287. This proposed elevated storage tank, along with the city and developer installed Northside IV transmission pipelines and proposed Sendera Ranch pump station will provide potable water service to the higher elevations within far north Fort Worth. As part of the scope of work within this agreement, the engineer will assist in acquisition and platting of the elevated storage tank property, perform all engineering and design functions necessary for the preparation of plans and specifications for the elevated storage tank project and the pipeline project, provide construction estimates, provide bidding services and shop drawing review, and perform the construction management for the construction of the elevated storage tank. This project is located in COUNCIL DISTRICT 7 and Northwest Tarrant County. Camp Dresser & McKee, Inc., is in compliance with the City's MWWBE policy by committing to 31 percent MWBE participation. The City's goal on this project is 19 percent. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) $580,079.00 1)PE45 538070 0609020 $580,079.00 P264 472045 607140037033 3 P264 531200 607140037033 $580,079.00 21 $580,079.00 P264 531200 607140037033 Submitted for City Manager's Office bx; Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207)