Loading...
HomeMy WebLinkAboutContract 28082 -11, ETA n CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY'), and RJN Group, Inc., (the "ENGINEER"), for a PROJECT generally described as Wholesale Customer Wastewater Meter Stations Site Selection and Design. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article 11 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) Monthly invoices will be issued by the ENGINEER 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 1, 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 seven (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. ........ ORIGINAL 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 CITYs 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 famished 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. -2- 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 CI-lYs 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 conditions; time or qualify of performance by third parties; quaIqy,,., p te tggge F" ........ 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. 1. Minority and Woman Business Enterprise (MI BE) participation In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, 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. 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 -4- ......... 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 hour's to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy 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 which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee Professional Liability $1,000,000 each claimlannual aggregate (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 coverages specified according to items section K(1) and K(2) of 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 thirty(30) days notice of cancellation, non-renewal 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. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at 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 CITYs discretion, the ENGINEER may be required to provide proof of insurance premium payments. (1) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective -6- PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which 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. ........ -7- 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 The CITY will make available to the ENGINEER all technical data in the CITYs possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services 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 CITYs facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITYs 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 D. -8- 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 ENGINEERS services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and 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 such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEERS Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractors 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. -9- (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. 1. C17Ys 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/[ristallation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article V1 General Legal Provisions Amendments to Article V1, 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 -10- t be at the CITYs sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. 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. Tennination (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 five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b) Out-of-pocket expenses for purchasing 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. ll 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 will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 1. 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 attorneys 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 .......... -12- 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.G. 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 nova 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 unenforceabifty 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 VIJ shall survive termination of this AGREEMENT for any cause. 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. -13- Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment A-1 - Supplemental Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Schedule ATTEST: CITY OF FORT WORTH /P z Rv Gloria Pearson Mar Oft City Secretary Assistant City Manager ��¢� APPRO VED A cottral Authorization "t I ,7 Dalle'Fisseler, P.bl 'Li_q ��� _ bate Director, Water Department APPROVED AS TO FORM AND LEGALITY RJN GROUP, INC. ENGINEER By: Assistant City Attorney Hugh 14. Kelso Regional Vice President -14- ATTACHMENT"A" 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 coriffict 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. GENERA[ 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 Engineers 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 into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 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. -1- 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as 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 descriptions 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 fumish 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. 10) Conceptual Plans The Engineer shall fumish four(4) copies of the Phase I 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 Citys project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall fumish 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 Specification Approval The Engineer shall fumish 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. -3- PHASE 4 16) Final Approved Construction Plans The Engineer shall fumish 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 contracts, 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) 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. 19) 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. 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. -4- 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 test reports on materials and equipment. 24) Instructions 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. -5- EXHIBIT "A-11" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT"A") Wholesale Customer Wastewater Meter Stations Site Selection and Design Project No. P171-070171250010 PHASE I - DESIGN SERVICES: PIPELINE REHABILITATION The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT"A". Upon receipt of Notice to Proceed, the ENGINEER will perform the following tasks: BACKGROUND The City of Fort Worth Water Department has identified the need for wholesale customer wastewater meters for the following entities: Customer City Number of Meter Stations Edgecliff Village I Benbrook 5 Haltom City 2 Everman 3 River Oaks 2 Forest Hill 3 Total 16* For the purpose of this proposal it is assumed that 13 of the meter sites will be siphons and 3 of the sites will be meter installations. It is assumed that two bid packages will be prepared based on criteria established by the City of Fort Worth. The City has provided the following: • City of River Oaks Temporary Flow Monitoring— Final Report—March 2001 —Severn Trent Services • Temporary Flow Monitoring Report: Everman, Kennedale and Edgecliff Village Customer Cities—Final Report—July 1999— Byrd/Forbes Associates, Inc. • Study of Wholesale Customer Wastewater Meter Standardization for City of Fort Worth —May 1996—Carter Burgess, Inc. • Construction Plans for Standardized Customer Cities Wastewater Flowmeter Station, Full Pipe Meter—July 1999—Carter Burgess, Inc. 9/17/22002 Al-1 • Construction Plans for Standardized Customer Cities Wastewater Flowmeter Station, Area Velocity Meter—July 1999—Carter Burgess, Inc. • City of Fort Worth, Exhibit B, Land Use Assumptions, Wastewater Facilities 1999-2019 Final Report, May 1999—Camp Dresser& McKee, Inc. • Capital Improvements Plan for Westworth Village, October 2000 —Freese and Nichols, Inc. • Sanitary sewer maps for the Cities of Benbrook, Edgecliff Village, Everman, Forest Hill, Haltom City, and Westworth Village • 2002 Current Population Estimates dated April 2002, published by the North Central Texas Council of Governments (NCTCOG). For the purposes of this scope, it is assumed that the City of Fort Worth will provide maps of the City's wastewater collection system, any flow information beyond the reports above that may impact this design, modeling information, existing and future land use information, and pipe inspection information (including videos if available). It is also assumed that the construction plans prepared by Carter Burgess will serve as the basis of design for these meter locations. The designs will be site adapted based on the flows and the site conditions (depth, parcel size and shape, other utilities). Significant changes to the concepts presented in these plans are beyond the scope of this project. PART A— PRE-ENGINEERING I Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project. For purposes of establishing a level of effort, two (2) meetings are anticipated. These include the following: • One (1) pre-design kick-off meeting (including the CITY's Water Department, Customer Cities, and other departments that are impacted by the project). • One (1) review meeting at completion of the CITY'S review of the Design Summary Report. b. Coordination with Other Agencies During the concept phase, the ENGINEER will consult with all utilities, including utilities owned by the City, Customer Cities, and others. These entities shall also be contacted as required, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of 9/17/2002 A1-2 the proposed utility lines, existing utility lines, and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permits and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. C. Easement/ROW Research The ENGINEER shall review information to determine the extent of existing easements and Rights-of-Way. 2. Monthly Progress Report and Meetings a. The ENGINEER shall host, attend and participate in progress meetings as requested by the CITY. The ENGINEER shall submit a progress schedule after the design contract is fully executed. PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering a. Obtain/Review System Maps RJN will obtain and review collection system maps from the six customer cities as well as the City of Fort Worth. This includes obtaining record drawings for lines immediately upstream and downstream of proposed meter sites. Based on these record drawings, capacities of the mains will be calculated as a check for maximum design flows through the meter station. b. Review Current Flow Monitoring Reports RJN will review the flow monitoring reports provided by the City of Fort Worth (listed above). This information will be reviewed with City staff to confirm the adequacy of the data for design of the meter vault. C. Flow Metering Site Selection As noted above, there are six customer cities that will be monitored as part of this project. Some of these locations (Everman, Forest Hills, River Oaks) have multiple connection points to the City of Fort Worth systems. Edgecliff Village and Westworth Village appear to only have one connection point to the City's collection system. Utilizing the system maps, RJN will identify potential locations for the customer meters. If possible, multiple connection points will be evaluated in terms of re- 9/17/2002 A1-3 piping the flow to minimize the number of meters required. For the purposes of this proposal, it is assumed that 15 new meter locations (12 siphons and 3 flow meters) are required and that one (1) siphon type meter location in Haltom City will be removed and replaced. The Haltom City meter location design will include provisions for removal of an existing tree along with the existing siphon meter. 1) Field Investigation RJN will provide field investigation to confirm the location and configuration of mains in the area of the proposed meter sites. It is assumed that 40 hours of field investigation will be required to supplement the record drawings. 2) Cleaning and CCTV Inspection RJN will provide comprehensive cleaning and CCTV Inspection of sewer mains to confirm record drawing information and establish pipe conditions in the area of the proposed meters. A maximum of 8,000 linear feet is included in the cost proposal, including the 3,000 foot section, M-199-C located in Westworth Village. d. Flow Projections Accurate low and high design flows for both existing and future conditions are required to properly design each metering station. Low flow conditions will be determined by installing temporary flow meters at each site for one week during the summer dry season. Peak design flows for each meter site will be based on flows provided by the City or from determining the peak theoretical capacity of the sanitary sewers upstream and downstream of the proposed permanent flow meter site. 1 Wastewater Flow Metering RJN will provide flow monitoring for the identified customer cities as follows- Edgecliff Village - I meter week Everman - 3 meter weeks (1 week, 3 locations) Forest Hill - 6 meter weeks (3 locations, 2 weeks each, 2 times in the year) Benbrook - None River Oaks - I meter week Westworth Village- 4 meter weeks Haltom City - I meter week 9/17/2002 A1-4 Totaling 16 meter weeks at 8 locations. RJN will provide all labor, equipment, and materials to install, calibrate, maintain, and retrieve portable flow meters suitable for the size of main identified. Diurnal patterns will be developed for a full week under dry-weather conditions. The minimum and maximum flows will be compared to the entire data set to confirm the validity of the data. This will also be evaluated with the size and characteristics of the contributing basin. 2) Projected Design Flow Development The design of the wholesale customer meter locations will be based on the flow monitoring performed as part of this contract, review of available information on recent modeling and population projections and upstream and downstream pipe capacities. No additional flow projections or population projections are included as part of this contract. e. Evaluation of the Existing Haltom City West Metering Station The ENGINEER will conduct an evaluation of this station to determine what actions are necessary to correctly measure flow. The tasks associated with this evaluation include the following: 1 Conduct a site visit to evaluate the design of the existing station. 2) During site visit determine elevation of flow lines upstream and downstream of the existing station. 3) Obtain and evaluate existing as-built drawings of station. 4) Perform temporary flow monitoring for a period of two to three days. 5) Based on evaluation of site visit data, review of as-builts and flow data, develop alternatives for accurately measuring flow. 6) Prepare brief letter report of evaluation and recommendations and submit to Water Department for review. 7) Incorporate City's comments and submit final report. 9/17/2002 A1-5 f. Design Summary Report Based on the completion of the above tasks, the ENGINEER will prepare one summary report for each customer city (6 total) that includes recommendations for the locations of the metering stations and any relocating of sewer mains for the respective customer city. The report will also summarize the design parameters for each metering station. 1) Prepare Design Summary Report and submit to the CITY and to the respective customer city. Five (5) copies of the design summary report shall be submitted. The design summary report will be submitted within 90 days from the Notice to Proceed. After approval of the Conceptual Design, ENGINEER, will prepare final plans and specifications. It is anticipated that two (2) sets of construction plans and specifications will be prepared. 2. Surveys for Design a. Topographic/Design Survey for Meter Stations Provide a topographic design survey for 16 separate meter station sites in the Fort Worth area. The topographic survey for each site shall be approximately 50 feet by 100 feet and shall include all improvements to be tied in an X, Y & Z format. The topographic survey shall show all existing features including, but not limited to, water valves, fire hydrants, storm drains, manholes, streets, driveways, curbs, trees, signs, etc. along with the property line of the affected parcel and one foot interval contours. Provide benchmark data on each meter station site based on the City of Fort Worth vertical datum. Set temporary benchmarks located so they will not be destroyed during the construction project. Provide all field work in a digital format, field sketches, and vertical field notes. All existing features shall be shown on the digital Autocad file. b. Sanitary Sewer Line Survey* Tie all improvements X, Y & Z (water valves, fire hydrants, storm drains, manholes, streets, driveways, curbs, trees, signs, etc.) along the proposed route. Provide flowline elevations of all storm drainage inlets and manholes along the route. The area of topo is a 50-foot wide strip being 25 feet left and right of the 9/17/2002 A1-6 proposed route. Tie property corners and determine property lines of affected tracts of land. The total linear feet of route surveying required is approximately 7,500 linear feet. Provide benchmark data on each section based on the City of Fort Worth vertical datum. Set temporary benchmarks located so they will not be destroyed during the construction project. Provide all field work in a digital format, field sketches, and vertical field notes. All existing features shall be shown on the digital Autocad file. C. Roadway Survey Tie all improvements X, Y & Z (water valves, fire hydrants, storm drains, manholes, streets, driveways, curbs, trees, signs, etc.) along the proposed route. Provide flowline elevations of all storm drainage inlets and manholes along the route. The area of topo is a 50-foot wide strip being 25 feet left and right of the proposed route. Tie property corners and determine property lines of affected tracts of land. The total linear feet of route surveying required is approximately 1,200 linear feet. Provide benchmark data on each section based on the City of Fort Worth vertical datum. Set temporary benchmarks located so they will not be destroyed during the construction project. Provide all field work in a digital format, field sketches, and vertical field notes. All existing features shall be shown on the digital Autocad file. d. Public Notification Prior to conducting design survey, ENGINEER will notify affected residents of the project in writing. The notification letter shall be on company letterhead and shall include the following: project name, limits, City project no., Consultant's project manager and phone number, scope of survey work and design survey schedule. The letter will be reviewed and approved by the City prior to distribution. 3. Preliminary Engineering The design of each meter station will consist of site adapting the standard drawings prepared by Carter Burgess to each subject site based on the flow information developed in the tasks above. This will require some modification to the piping layout, the access structure and the electrical design, in addition to sizing of the meter and pipe 9/17/2002 Al-7 size. Since the standard drawings are not sealed by a licensed professional engineer, a thorough review of these plans will be completed prior to issuance. The design services will include: • Preparation of construction plans in both full size (22"x34") and half size {11"x17'), signed and sealed by a licensed professional engineer. • Review plan sets at 60% and 90% design stage. • Design meetings throughout the design process with City Staff review progress, review design questions and review city concerns. • Estimate of Probable Construction Cost at the 60% and 100% completion stage. • Construction specifications utilizing City of Fort Worth, or other applicable standards of customer cities. • Printing of up to 45 sets of Final Construction documents for distribution to potential bidders. The construction documents for each site will consist of the following: a. Station Design / Layout The ENGINEER will prepare a dimensioned plan showing pipe layout and size, topography, structure locations and other utilities for each location. The site plan will include dimensional control, profile of both the siphon and bypass, surface topography/grading, and utility connections. b. Customize Standard Drawings/ Electrical Design The ENGINEER will modify the Carter Burgess standard plans to accommodate field conditions as required. This task includes sizing the siphon and bypass as well as layout modifications, manhole design, electrical and telecommunications, etc. C. System Modification Design The ENGINEER will, as part of the site selection, identify any collection system modifications that may be beneficial to location of the metering station. For this scope, it is assumed that approximately 7,500 linear feet of sewer main relocation will be required to accommodate meter locations. The ENGINEER will prepare plan/profile construction documents for the relocation of this sewer main as part of the design of the metering station. All sewer main design shall conform to City of Fort Worth standards. 9/17,12002 A1-8 d. Coordinate with Utilities The ENGINEER will coordinate this construction with other utilities in the area. This includes contacting both electric and telephone utilities for connection to the metering station. e. Access Road It is assumed that all weather access roads will be required at some of the sites. For this scope, the ENGINEER assumes that 6 locations will require a drive of up to 200 feet long from an existing public right of way. The ENGINEER will provide complete construction documents for this roadway as part of the meter station construction documents. The road construction documents will consist of a view of the roadway showing topography and geometrics and any details required. It is assumed that no drainage system will be required due to the nature of the road. f. Right-of-Way/ Property Acquisition/Easement Preparation and Submittal The ENGINEER shall conduct preliminary research for availability of existing easements where construction is probable. Temporary and permanent easements and property acquisition requirements will be approximated based on available information. Legal descriptions and plot maps will be prepared on 8.5" x 14" standard sheets for all necessary temporary and permanent easements required construction. Descriptions shall be prepared in standard format as directed by the City. Temporary and permanent easements shall be delineated on plan sheets. Legal descriptions shall be submitted to CITY for review and final acquisition. The CITY will secure easements as necessary. A total of twenty (20) easements are included. 9. Utility Clearance Phase The ENGINEER will 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 above and 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. 911712002 Al-9 The ENGINEER shall deliver 13 sets of approved preliminary construction plans to the CITY's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. h. Preliminary Construction Plan Submittal 1) Preliminary plans and specifications shall be submitted to City nine months (9 mos) after approval of Part B, Section 1. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) sets of specifications and contract documents to CITY for review. Generally, plan sheets shall be organized as follows: - Cover Sheet - Easement Layout (if applicable) for Each Site - Plan & Profile Sheets - Meter Site Plan Sheets - Drive Sheets - Standard Construction Details - Special Details (if applicable) 2) The ENGINEER will prepare a preliminary estimate of probable construction cost with the preliminary plans submitted. i. Review Meetings with CITY The ENGINEER shall meet with CITY and Customer Cities to discuss their review comments for preliminary submittal. The City shall direct the ENGINEER in writing to proceed with Final Design for Final Review. 4. Final Engineering Plan Submittal a. Final Construction Documents shall be submitted to CITY sixty (60) days after approval of Part B, Section 2. Following CITY approval of the preliminary plans, the ENGINEER shall prepare final plans, specifications and contract documents (each sheet shall be stamped, dated, and signed by the ENGINEER) and submit two (2) sets of plans and construction contract documents within 15 days of CIIYs final approval. Plan sets shall be used for Part C activities. 9117/2002 Al-10 b. Engineer's Estimate of Probable Construction Cost The ENGINEER shall prepare a final estimate of probable construction cost with the final plans submitted. 5. Public Outreach / Presentations The ENGINEER shall prepare presentation materials such as slide show presentations and handouts for dissemination of information to interested parties. ENGINEER shall conduct meetings as directed by the CITY. For this proposal, it is assumed that three meetings will be conducted by ENGINEER. PART C - PRE-CONSTRUCTION ASSISTANCE 1. Administration a. Deliver Bid Documents The ENGINEER will make available for bidding, upon request by the CITY, up to forty-five (45) sets of the final approved and dated plans, specifications and contract documents to the CITY for distribution to potential bidders. Proposal will be delivered in electronic format. b. Bidding Assistance The ENGINEER shall assist the CITY during bidding phase including preparation and delivery of addenda to plan holders and responses to questions submitted to the CITY by prospective bidders. ENGINEER shall attend the schedule pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening(s) and develop bid tabulations in hard copy and electronic format and submit four (4) copies of the bid tabulation. C. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. The ENGINEER shall attend the substantial completion and final inspection meetings for this project, review any post-construction television inspection video tapes, and prepare a brief final report for the completed project as to compliance with the ENGINEER's design. A-I+-W Wholesale Customer Waste"ter Meter Station-FINAL 9/17/2002 Al-11 EXHIBIT"B" COMPENSATION Wholesale Customer Wastewater Meter Stations Site Selection and Design Sewer Project No. P171-070171250010 1. Compensation A. The Not-to-Exceed fee for services related to this project is $399,527 as summarized in Exhibit "B-1". Payment of total lump sum fee shall be considered full compensation for the services described in Exhibit "A-1"for all labor, materials, supplies, and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-2" upon receipt of invoices from the Engineer as described in Exhibit"B-2" Section I -Method of Payment. C Subcontractor costs for any Additional Services, which are approved in advance by the City, shall be reimbursed at the actual invoice cost plus 10%. B (1) • I Celli-.4 Iva ZT-A 1114,A01 V iTTIRMURMIND M- 111.11169. Phase I -Design Services 1. Initial Data Collection a. Predesign Coordination Meetings b. Coordination with Benbrook c. Coordination with other Agencies d. Easement/ROW Research 2 Monthly Progress Reports 1, Conceptual Engineering a. Obtain/Review System Maps c. Flow Metering Site Selection 1) Field Investigation 2) CCTV Inspection 2) Population Projections 3) Modeling Results 2. Survey for Desiqn UWAI b. Sanitary Sewer Line Survey c. Road"a Surveys 3. Preliminary Engineering a. Station Design/Layout NOMMUMEM33= ra c. System Modification Design d Coordinate with Utilities o. Utilitv Clearance Phase h, Preliminary Construction Plan Submittal 1) Prelim lans/Specs 2) Estimate of Probable Const.Cost 1. Review Meetings with Cities a. Fin;%'Construction Plans b. Estimate of Probable Const,Cost 5. Public Outreach/Presentations 1. Administration W�WW#111114 010-111-Iff i M. 11. RMINW.-SUMON"UM, b. Biddinq ance 5 1 # c, Assistance During Construction EXHIBIT"B-2" (SUPPLEMENT TO EXHIBIT B) METHOD OF COMPENSATION Sewer Project No. P171-070171250010 Compensation for Flow Monitoring and Cleaning/CCTV Inspection shall be on a unit price basis as follows: Unit Total Task Description Unit Quantity Cost Cost Flow Monitoring Week 9 $ 1,224.11 $11,017.00 Flow Monitoring Month 2 $3.070.00 $ 6,140.00 Cleaning/CCTV Inspection LF 8,000 $ 3.20 $25,600.00 Subtotal $42,767.00 Compensation for all other services shall be based on a time and material basis. Labor costs shall be billed based on a direct labor cost times a multiplier of 3.01. The multiplier includes all overhead, fringe cost, and profit. Direct expenses shall be invoiced at cost plus 10 percent. Task Description Total Estimated Cost Design Meter Station Design $ 191,169.00 Sewer System Modifications $ 65,360-00 Roadway/Driveway Design $ 11,008.00 Subtotal Design $ 267,537.00 Servey Design Survey for Meter Stations $ 36,960.00 Sewer System Modification Survey $ 28,875.00 Roadway/Driveway Survey $ 3,960.00 Easements $ 6,600.00 Subtotal Survey $ 76,395.00 Construction Phase Services Pre Construction Assistance $ 12,838.00 Subtotal Construction Phase 1 12,838.00 Subtotal $ 356,770.00 Total Not-to-Exceed Fee $ 399,627.00 B-2(1) 0612012002 15:48 9724372707 RJN GROUP, INC PAGE 02/02 ;017 Age 176,4 GORRONVONA 8r ASSOCIATES, INC. REGISTERED PROFESSIONAL LAND SURVEYORS FORT WORTH,TEXAS 76112 PHOKE 6171496-1424 FAX 817JUS-171118 STO-7 gRENTWOOO STAIR ROAD SUITE 60 August 20,2002 RJJN Group,Inc., Attn-Mr.Hugh Kelso 7524 Mosier View Court, Suite 110 Fort Worth,Texas 76118 Re: CITY OF FORT WORTH,WHOLESALE,CUSTOMER WASTEWATER MF,TER STATION SITE SELECTION&DESIGN Dear Mr. Kelso: Gorroadona & Associates, Lac, is committed to completing between $48,000.00 and $73,950.00 of professional land surveying services for the above referenced project. If you have any questions or need additional information please contact me at(817)496-1424. Sincerely, GORRONFDONAOCIATE$,IN Brad J.G ona,RPLS President VIA FACSIMILE 1-97�/437-2707 3 GAI Gupta & Associates Inc. Consulting Engineers 5430 Alpha Road,Suite 200 Dallas,Texas 75240 Tel: 972 490—'7661 Fax-972 490—7125 August 6, 2002 Mr. Michael G. McKay, P.E. Senior Project Manager RJ'N Group 12160 Abrams Road, Suite 206 Dallas, Texas 75243 Re: Whole Sale Wastewater Customer Cities Meter Stations. Project#: P170-7017025001 M/WBE Participation Dear Mr. Mckay: The purpose of this letter is to confirm our participation in the referenced project. Our firm will be providing Electrical &Instrumentation services for study and design of the metering stations for the customer cities as a Subconsultant to RJN Group. Our fee for these services will be $48,000.00. We appreciate that you included us as part of your design team and look forward to working with you on the project. If on have any questions,please give me a call at(972)-490-7661. I Very truly yours, GUPTA AND ASSOCIATES V- r V.K. Gupta, P.E. President ATTACHMENT C Amendments to Standard Agreement For Engineering Services There are no amendments to this engineering agreement. to CD / / y - Co �\ / 10; � ® ƒ y k \ ? � ƒ f %� $ \ � 4 � � or : o; a� z \ § :«! / E ; $ 7 ) 3 ± LL o: c;n _C'4 % CL ® ± « / / 2 2 m & ( ) _ � k k CL k f f \ 7 / 2 2 E E . . 0 _ c c c S ( 2 k / 0 / f / c 2 m E t c o +t m 2 ; § k } k c c \ j ;o } $ Z o , t 7 e : a / r / 2 _ $ : \ /. < 12 = 0 J ƒ U. u 7 © | o m m $ ® f f $ CL CL CL | / / \- - 02 , ® 42 to § : 2 \ E %�:.....�..�����..... _ � : � \\ ° ^ /\ City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER � LOG NAME PAGE 9110/02 **C_19234 60METEF 1 of 2 SUBJECT ENGINEERING AGREEMENT WITH RJN GROUP, INC. FOR WHOLESALE I WASTEWATER CUSTOMER METER STATIONS SITE SELECTION AND DESIGN RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with RJN Group, Inc. in the amount of $399,527 for the Wholesale Wastewater Customer Meter Stations Site Selection and Design. DISCUSSION:- The City of Fort Worth provides wholesale wastewater services to twenty-three communities. On April 7, 1987 (M&C C-10266), the City Council approved a uniform wastewater contract for two methods to calculate the volume portion of each monthly billing. It can be based on permanent metering or multiplying the number of active connections of each wholesale customer by 10,500 gallons per month per connection. The majority of wholesale wastewater customers are meters, but some remain on a per connection volume basis. As part of the overall effort to enhance the accuracy of billing, the Water Department has adopted standards for meter station design and conducted temporary flow monitoring at different wholesale customers to identify areas for possible permanent wastewater meter installation. Under this agreement the consultant will conduct field activities such 'as cleaning, closed circuit television inspection, additional flow monitoring, and meter site survey at sixteen points of entry into the wastewater collection system from Benbrook, Edgecliff Village, Everman, Forest Hill, Haltom City, River Oaks and Westworth Village. The engineer will also prepare plans, and easement and permit documentation for construction of wholesale wastewater meter stations. This project is an integral part of the Fort Worth Wastewater program to comply with U.S. Environmental Protection Agency proposed regulations known as Capacity, Management, Operations and Maintenance. In addition to the contract amount, $12,000 is required for survey work by the Engineering Department. This project is located in COUNCIL DISTRICTS 3, 4, 6, 7 and 8. MIWBE - RJN Group, Inc. is in compliance with the City's MWBE Ordinance by committing to 24% MWBE participation. The City's goal on this project is 20%. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9110102 **C-19234 � 60METER_ 2 of 2 SUBJECT ENGINEERING AGREEMENT WITH RJN GROUP, INC. FOR WHOLESALE WASTEWATER CUSTOMER METER STATIONS SITE SELECTION AND DESIGN FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. MO:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Dale Fisseler 8207 (from) APPROVED 09/10/02 P171 531200 070171250010 $399,5-27.00 Additional Information Contact: Dale Fisseler 8207