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HomeMy WebLinkAboutContract 31140 CITY SECRE CONTRACT NO Y1 J CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Turner Collie & Braden, Inc., (the "ENGINEER"), for a PROJECT generally described as: Northwest Water Treatment Plant Site Selection, 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) 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 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 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 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. The CITY shall furnish such surveys, tests, and investigations, 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. ENGINEERING AGREEMENT Page 2of15 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 ENGINEERING AGREEMENT Page 3 of 15 ll maintenance costs; competitive bidding procedures and market conditions; time or qualify 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. ENGINEERING AGREEMENT 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 workspace 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 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 that 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. ENGINEERING AGREEMENT Page 5 of 15 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 claim (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) The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for worker's compensation, all insurers must 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 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. ENGINEERING AGREEMENT Page 6 of 15 py I S .*V.-V (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 such are approved by the CITY. (j) 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 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 subconsultants maintain insurance coverage, 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. ENGINEERING AGREEMENT Page 7 of 15 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. 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 CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEERING AGREEMENT Page 8 of 15 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 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 D. 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 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. ENGINEERING AGREEMENT Page 9 of 15 (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 1V.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. ENGINEERING AGREEMENT Page 10 of 15 ' 0:517';7 T. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed 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 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. 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 ENGINEERING AGREEMENT Page 11 of 15 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. 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). ENGINEERING AGREEMENT Page 12 of 15 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. The term "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. ENGINEERING AGREEMENT Page 13 of 15 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. 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. M. Negotiated Agreement. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E— Location Map ENGINEERING AGREEMENT Page 14 of 15 ATTEST: CITY F FORT WORTH Y e' Marty Hendrix Marc A. Ptt Ll City Secretary Assistant City Manager C-� - "- APP OVAL RECOMMENDED CQT.tL:BCC e�Ut}�03�?.28i-1 �; Date S. Frank Crumb, P.E. Acting Director, Water Department APPROVED AS TO FORM AND LEGALITY Turner Collie & Braden, Inc. ENGINEER By: Assistant Attorney Ann E. Kovic AICP Vice President ENGINEERING AGREEMENT Page 15 of 15 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 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 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 -1- 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 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 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. 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 Specification 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. -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 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. 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-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") SITE SELECTION STUDY FOR NORTHWEST WATER TREATMENT PLANT WATER PROJECT NO. P162-060162141130 Turner Collie & Braden (ENGINEER) and its subconsultants (Gorrondona & Associates, Inc., and James Daniels &Assoc.) will perform the tasks described in this Supplemental Scope of Services under ATTACHMENT "A". Work under this attachment includes engineering services for the following: ENGINEER will conduct a site selection study for a 35 MGD initial phase (70 MGD Ultimate) membrane water treatment plant to serve the Westside III and IV pressure planes. Generally, the ENGINEER will provide the following: • WTP Site Selection Study. ENGINEER will prepare a site selection study for a 35 MGD Initial Phase (70 MGD Ultimate) membrane water treatment plant (Northwest WTP). • Land Acquisition. Following final selection of the future WTP site, ENGINEER will proceed with land acquisition activities, including boundary surveys, appraisals, and negotiation. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A. SITE SELECTION STUDY FOR NORTHWEST WTP, CLEARWELL, AND HSPS ENGINEER will conduct a site selection study for a 35 MGD initial phase (70 MGD Ultimate) membrane water treatment plant to serve the Westside III and IV pressure planes. The purpose of this study is to select a site for the proposed Northwest WTP. Site development and conceptual plant design is not included in this scope of work. The CITY plans to purchase property near the western city limits of Fort Worth generally located south of Lake Worth, west of Loop 820, and north of White Settlement Rd. This general area was defined in the Water Distribution Improvements study, conducted by Freese and Nichols. Four potential general areas for the plant site are shown in Attachment E. For the Northwest Water Treatment Plant Site Selection Study, The ENGINEER will perform the following: 1) Objectives Meeting: Attend one (1) meeting with the CITY to define and reaffirm the project 10/29/04 EA1-1 conditions and objectives for the Site Selection Study. 2) Background Review and Coordination: As provided by the CITY, ENGINEER will review background reports and studies relating to the siting of the Northwest WTP. ENGINEER will coordinate with other agencies and consultants as necessary to obtain additional background information in relation to the siting of the plant. ENGINEER will attend up to two (2) meetings with City staff and other consultants to coordinate this siting study with previous distribution system and treatment study and design efforts. 3) Evaluate Proposed Area Adequacy: Evaluate the adequacy of the proposed WTP site area for initial and projected ultimate capacity siting. 4) Initial Site Evaluation: Conduct an initial review of potential plant sites within the designated areas. For this review, ENGINEER will examine readily available aerial mapping, and topographic mapping, tax appraisal records and mapping, conduct field investigations and interview City staff. Based on this initial review, ENGINEER will provide a recommendation for further evaluation of two specific sites. The initial site evaluation will be based on a broad overview of each site in relation to the following criteria: • Site elevation and ability to integrate with adjacent pressure planes. • Site accessibility • Proximity to raw water • Projected site development requirements • Expected land availability The evaluation and recommendation will be provided to the CITY through a brief letter report. Following issuance of this report, ENGINEER will attend one meeting with the CITY to review its contents and receive comments. Following this meeting, a final letter report and recommendation of two specific sites to be studied will be issued. 5) Site Evaluation: Using the information previously obtained and augmenting that information with further investigation, the ENGINEER will evaluate the two selected sites for adequacy of a WTP site. For this evaluation, the following items will be evaluated and reviewed: • Site elevation that will allow integration with the adjacent pressure planes and ability to supply the initial and ultimate required treated water to these intended pressure planes. • Compatibility with the existing and proposed City water system • Accessibility from existing and proposed thoroughfares and impacts on traffic - � 10/29/04 EA1-2 �, 'J .^ , • Access to existing utilities and needs for service • Availability of expected required power • Accessibility to intended raw water source(s) • Preliminary projection of potential environmental impacts • Expected land availability and associated projected site costs • Projected site development costs • Sanitary sewer requirements • Proximity to rail services Following evaluation of the above items, ENGINEER will provide a comparison of each site through an evaluation matrix. In this matrix, each factor examined will receive a weighted assignment of priority and each site will receive a ranking. Based on this evaluation, ENGINEER will provide a recommendation for the preferred WTP site. General costs will be considered in the evaluation of the sites; however, overall opinions of probable cost are not included in this scope of work. The evaluation conducted will be summarized in a Technical Memorandum (TM) and provided to the CITY. ENGINEER will attend one meeting with the CITY to review the TM and receive comments. Following this meeting, ENGINEER will provide a final TM. For purposes of establishing level of effort, it is anticipated that the TM will follow the general expanded outline as shown below, however the final outline may be revised during the course of the study: I. Executive Summary— This will give a brief overview of the study background and findings. ll. Introduction a. Goals and Objectives— Definition of project goals and objectives as outlined in this scope of work and as determined through subsequent meetings with the CITY. b. Site Selection Process— Provide an overview of the process used in determining the final recommended site. Ill. Proposed Site Area (Initial and Ultimate) a. Treatment unit capacity requirements and general footprint. b. Backwash and backwash recovery area needs. c. Finish water storage and high service pumping area needs. d. Miscellaneous site/plant requirements i. Bulk chemical storage ii. Parking iii. Office space iv. Laboratory space v. Equipment storage vi. Buffer zones e. Plant footprint area - By accounting for the required area needs in a-d above, an overall minimum required area is determined to accommodate both initial and ultimate site needs. 10/29/04 EA1-3 IV. Initial Site Review and Selection a. Potential areas—A brief overview description of the proposed areas from which the two specific sites will be derived. b. Initial site selection criteria —A brief overview of the process utilized in selecting the specific sites recommended to be studied in more detail. c. Site 1 Description and justification — Specific Site 1 description and justification of its selection. d. Site 2 Description and justification— Specific Site 2 description and justification of its selection. V. Evaluation of Sites—A brief discussion of the selection criteria and their applicability to each of the two sites. In general, items a j below will be included in the discussion. a. Elevations for plant elements and potential for integration with adjacent pressure planes for both the initial and ultimate scenarios. b. Location of sites in relation to existing and planned future roadways along with impacts on traffic. c. Existence of required utilities near to each site and required infrastructure upgrades and improvements to those utilities. d. Potential power requirements and the availability of existing infrastructure to meet those requirements. e. Proximity to raw water and raw water transport needs. f. Potential environmental issues such as the possible presence of wetlands, possible required tree mitigation, potential endangered species, etc. g. Existing and planned development near each potential site and the expected land availability. h. Required site improvements such as access, general earthwork, and the potential for required aesthetic features and sound barriers. i. Adequacy of existing and proposed sanitary sewer service near to the site to meet the required plant needs. j. Proximity to rail service and the potential for construction of a rail spur to serve the plant. VI. Site Evaluation Matrix and Ranking a. Criteria weighting assignments—A table will be presented showing how each selection criterion is weighted and applied to the selection process. b. Evaluation matrix and results— This item will give the final ranking of the two studied sites. VII. Recommendations and Conclusions—A recommendation will be made as to which site the CITY should select to purchase for the future Northwest VVTP. VIII. Figures a. Site 1 Area Map—A map showing the general location of Site 1 and potential points of access. b. Site 2 Area Map—A map showing the general location of Site 2 and potential points of access. c. Site 1 Plan —An exhibit showing the limits of Site 1 with applicable background such as aerial photography, topography, etc. 10/29/04 EA 1-4 d. Site 2 Plan -An exhibit showing the limits of Site 2 with applicable background such as aerial photography, topography, etc. e. Evaluation Matrix—A table showing the final results of the evaluation matrix derived from this study. Upon CITY concurrence with proposed site selection, ENGINEER shall begin land acquisition process. PART B. LAND ACQUISITION This scope of work is based on the acquisition of one (1) site. A preliminary overview of the potential areas indicates that the site may be acquired from multiple parcels and owners, two (2) each in most scenarios. This scope of work and fee estimate is based on acquisition from two (2) owners. Should selected site require acquisition from more than two (2) owners and/or two (2) parcels, ENGINEER shall be entitled to additional compensation. The acquisition process shall include the following: 1) Boundary Survey ENGINEER shall prepare up to two (2) boundary surveys (one (1) survey per parcel) for the proposed site. Each survey shall include a metes and bounds description and exhibit. The proposed site shall also be staked in the field. The surveys will be used for land appraisal and acquisition services. 2) Appraisal ENGINEER shall provide an appraisal of each property to be approved by the CITY prior to negotiations with the property owners. All appraisals will be prepared by State Certified appraisers in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and shall be suitable for use in condemnation proceedings if necessary. 3) Negotiation The ENGINEER shall negotiate on behalf of the CITY. The offer to purchase the properties will be based on the appraisals performed. The CITY shall establish the value to be used in negotiation and the range of negotiation authority to be given to the ENGINEER. ENGINEER will provide a good faith effort to acquire the property through a negotiation process, which will generally consist of no less than three contacts with the property owner or his authorized representative. Generally, no more than five contacts will be necessary to reach an agreement with the property owner or to determine that further negotiations will be non productive and that eminent domain actions will be necessary to acquire the property. If absentee owners are involved, the negotiations may be conducted via telephone, fax, or by mail. Should travel outside the project area be required and authorized by the CITY, all expenses incurred shall be considered an additional service. The initial offer made to the property owner will be based on a value previously approved by the CITY. All counter-offers by the property owner along with the ENGINEER's recommendations will be presented to the CITY for their_ ----- consideration. The CITY shall approve such counter offers before the 10/29/04 EA1-5 o "✓ i ENGINEER will be authorized to agree to the requested changes. All monetary offers made to the property owners will be within the limits authorized by the CITY. In the event that the good faith efforts fail to produce satisfactory negotiated property, the ENGINEER will recommend to the CITY that the CITY use its power of Eminent Domain to acquire said property. Assisting the CITY in condemnation procedures is not included in this scope of work and shall be considered an additional service. 4) Closing Procedures After reaching an agreement with the landowner on the consideration and all other terms of the transaction, the ENGINEER will forward to the CITY a Memorandum of Agreement (M/A) executed by the property owner to be ratified by the CITY. This M/A sets forth the compensation and any other terms and conditions agreed upon. The CITY shall be responsible for obtaining approval and returning the M/A to the ENGINEER. The ENGINEER will then inform the Title Company that the parcel is ready for closing. The ENGINEER will coordinate contacts with the CITY to deliver any payments to the property owner and record the documents. The documents will be returned to the CITY after recording. 10/29/04 - EA1-6 _- ATTACHMENT B COMPENSATION AND SCHEDULE NORTHWEST WTP SITE SELECTION STUDY Water Project No. P162-060162141130 I. COMPENSATION A. Payment for services will be computed on the basis of Salary Costs times a multiplier of to determine the payment due for services. The multiplier is a factor which compensates the Engineer for fringe benefits, overhead and profit. B. Payments shall also include Direct Non-Labor Expenses which, in general, include expenses for supplies, transportation, equipment, travel, communication, subsistence and lodging away from home, and similar incidentals. The Direct Non-Labor expenses shall be reimbursable at actual invoice cost plus 10%, except for living and travel expenses when away from the office on business connected with the Project. All travel outside of the Dallas/Fort Worth Metropolitan Area to be made, which are reimbursable at actual invoice cost, by the Engineer in connection with the Project must first be approved in writing by the City Engineer. C. Subcontractor cost shall be reimbursed at the actual cost plus 10%. D. Payment for expenses, costs and services as described in Attachment "A" and summarized in Exhibit "B-3*' shall not exceed $102,800. Il. SCHEDULE A. Part A— Site Selection Study for Northwest WTP will be submitted within 60 calendar days after "Notice to Proceed". B. Part B—Land Acquisition will be completed an estimated 90 calendar days after the City's approval of the Site Selection Study. B-1 10/29/2004 EXHIBIT "B-1" METHOD OF PAYMENT (SUPPLEMENT TO ATTACHMENT B) NORTHWEST WTP SITE SELECTION STUDY Water Project No. P162-060162141130 I. METHOD OF PAYMENTS The ENGINEER shall be paid in monthly partial payments as outlined below: The ENGINEER shall be paid monthly upon receipt of the individual invoices on the basis of statements prepared from the books and records of account of the ENGINEER, based on the ENGINEER'S estimate of the percentage of completion of the project, such statements to be verified as to accuracy and compliance with the terms of this contract by an officer of ENGINEER. Payment according to statements will be subject to certification by the Director of the Department of Engineering or his authorized representative that such work has been performed. 1I. PROGRESS REPORT The ENGINEER shall submit to the designated representative of the Director of the Water Department monthly progress reports covering all phases of the project by the 15`h of every month in the format required by the City. f?J"via C5 EBI-1 10/29/2004 :,�hh EXHIBIT "B-2" HOURLY RATE SCHEDULE (SUPPLEMENT TO ATTACHMENT B) NORTHWEST WTP SITE SELECTION STUDY Water Project No. P162-060162141130 CATEGORY Billing Rate Ranges* Principal $150 - $190 Project Manager $100 - $160 Project Engineer $ 78 - $130 Environmental Specialist $ 55 - $125 Senior Technician $ 55 - $125 Clerical $ 45 - $75 *The above billing rates are based upon "Salary Cost" times a multiplier of 2.25. As used herein, the term "Salary Cost" shall be established at 1 .40 times "Direct Salary." Effective January 1, 2003 to January 1 , 2005. Hourly rates are subject to revision after January 1 , 2005. EB2-1 10/29/2004 EXHIBIT B-3 (SUPPLEMENT TO ATTACHMENT 8) NORTHWEST WTP SITE SELECTION STUDY WATER PROJECT NO.P162-060162141130 DESIGN FEE SUMMARY ENGINEERING SERVICES PHASE FEE FIRM M/WBE WESTSIDE WTP/PS SITE SELECTION STUDY(EXHIBIT B-3A) $ 76,950 TCB WTP LAND ACQUISITION NEGOTIATION $ 13,500 JAMES DANIELS&ASSOC. YES WTP LAND ACQUISITION BOUNDARY SURVEY $ 10,000 GORRONDONA&ASSOC. YES TOTAL ENGINEERING SERVICES $ 100,450 10%MARK-UP FOR SUBCONTRACTORS $ 2,350 TOTAL ENGINEERING FEE $ 102,800 MIWBE ENGINEERING SERVICES FIRM %M/VVBE GORRONDONA&ASSOCIATES,INC. 9.7% $ 10,000 JAMES DANIELS&ASSOC. 131% $ 13,500 TOTAL%M/WBE 22.9% $23,500 CITY'S M/WBE GOAL 18 0% $ 18,504 NON MIWBE SUBCONSULTANTS FIRM NONE 0.0% $ - 2 SEE EXHIBIT B-2 FOR TCB HOURLY FEE SCHEDULE EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) NORTHWEST WTP SITE SELECTION STUDY WATER PROJECT NO.P162-060162141130 10/29/04 DETAILED TASK LIST Project Project Project EITISenior TASK LISTING Director Maria er En ineer Technician Technician Clerical TOTAL Site Selection Study for Northwest WTP Objectives Meeting General Background Review/Meeting Prep 4 4 $1,140 Attend Meeting 4 4 $1,140 Prepare and Distribute Meeting Minutes 2 4 $470 Background Review Obtain and Review Available Reports and Studies 4 8 $1,600 Coordination Meetings 2 with City Staff and Other Consultants 8 8 $2,280 Evaluate Proposed Area Adequacy Determine Approximate Treatment Unit(s Footprint Size 2 12 4 $2,120 Backwash/Backwash Recovery Needs Initial and Ultimate 1 8 2 $1,290 Clearwell 1 HSPS Size Requirements Initial and Ultimate 1 8 4 $1,490 Miscellaneous Requirements(Parking,Office Chem Storage,Etc. 1 4 4 $1,030 Determine Site Area Requirements/General Site Footprint 1 2 8 4 $1,660 Initial Site Review and Selection Field Investigation of Area 1 4 4 $660 Field Investigation of Area 2 4 4 $860 Field Investigation of Area 3 4 4 $860 Field Investigation of Area 4 4 4 $860 Obtain and Review TAD Records 2 2 $430 Obtain and Review Aerial Mapping 4 4 $860 Obtain and Review Topographic Mapping 4 4 $860 Interview City Staff to obtain Specific Requirements 4 4 $1,140 Compile Information and Determine Two Specific Sites 4 16 8 $3.320 Prepare Letter Report 2 12 4 4 $2,360 Meet with City and Issue Final Report 4 8 $1,600 Evaluate Two Selected Sites Based on the Criteria Below Identify Required Elevations for Plant Elements 12 8 - $2,180 Investigation Location of Sites in Relation to MTP Improvements 2 2 $430 Investigate Potential General Routes to the Site Hazmat B 4 $1,320 Coordinate Potential Needs for Phone Gas Etc. 4 2 $660 Investigate Utilities in Proximity/Required Upgrades 8 4 $1.320 Investigate Potential Power Requirements 8 4 $1,320 Investigate Proximity to Power Infrastructure 4 1 2 $660 Coordinate with Power Company 2 $230 Investigate Proximity of Proposed Raw Water Line 2 $230 Investigate Raw Water Transport Needs 3 3 $645 Coordination with TRWD on Intended Raw Water Line Operation 4 4 $1,140 investigate Potential Environmental Issues Based on Site Visit/Aerial 4 4 SS60 Determine Property Ownership TAD 2 2 $430 Investi ale Planned Development of Site and Surrounding Areas 8 4 $1,320 Investigate Site Access 12 8 $2,180 Investigate General Earthwork Requirements 4 2 $660 Investigate Perimeter Fencing Requirements 2 1 $230 Investigate Potential Required Aesthetics/Sound Barriers Eta 4 $460 Investigate Existing and Planned Sewer Service 4 $460 Investigate Backwash Water Disposal Requirements 4 2 N$2800 Investigate SanitarySewer Requirements 2 2 Investigate Rail Service and Possible General Spur Alignment 4 2 Site Evaluation Matrix and Rankin Prepare Evaluation Matnx 4 8 2 Coordination with Ci on Matnx 2 4 Compile and Review Evaluation Information 6 12 4 Com lete Rankin of Each Site Based on Criteria Established 2 4 4 Technical Memorandum Prepare TM Outline and List of Figures 4 8 $1.600 Prepare TM Text 4 24 4 $3,680 Prepare TM Figures 4 16 12 $2,780 Review Meetin Meet with City to Review Comments on TM 4 4 $1,140 Address Comments on TM and Submit Final Version 3 10 $1,660 Land Acquisition Coordination/Oversight Coordination/Oversight for Gorrondona 2 4 $800 Coordination/Oversight for Daniels 6 12 E2.400 QA/QC Admin. 40 10 12 $6,670 TOTAL HOURS 0 122 343 137 0 36 638 LABOR EXPENSE TOTALS $0 1 $20740 $39445 $13,700 s0 1 $2,160 576,045 TC&B NON-LABOR ESTIMATE Plotting $100 Reproduction Bluelines Reproduction(Specifications) Deliveries $100 Postage $75 Mileage 6 tris Q$3751mde x 20 miles per tri $45 Com uter Use $500 Administrative 10.00% $82 NON-LABOR TOTAL $90211 SUBCONTRACTOR SERVICES Labor Admin. Subtler Subcontract Subcontractor Task b Ex . 10.00% Contracts Ex rise James Daniels 8 Associates,Inc. Land Appraisal/Acquisition See B-3 See B-3 See B-3 Gorrondona&Associates Inc. BoundarySurveySee B-3 See B-3 See B-3 TOTALS TOTAL ESTIMATE 576, 0 `lt f �Yf 1•r '111 UI ATTACHMENT C AMENDMENTS TO STANDARD CONTRACT AND GENERAL SCOPE OF SERVICES NORTHWEST WTP SITE SELECTION STUDY Water Project No. P162-060162141130 NONE 10/29/2004 C-1 ATTACHMENT D SCHEDULE NORTHWEST WTP SITE SELECTION STUDY Water Project No. P162-060162141130 START END NOTICE TO PROCEED 11/15/04 PART A— SITE SELECTION STUDY 11/15/04 1/10/05 PART B—LAND ACQUISITION 1/24/05 4/25/05 10/29/2004 D-1 ---- ---- City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/7/2004 DATE: Tuesday, December 07, 2004 LOG NAME: 60TURNER REFERENCE NO.: **C-20432 SUBJECT: Authorize Execution of Engineering Agreement with Turner Collie & Braden, Inc. for the Northwest Water Treatment Plant Site Selection RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Turner Collie & Braden, Inc. in the amount of $102,800.00 for the Northwest Water Treatment Plant Site Selection. DISCUSSION: On March 13, 2002 (M&C C-19013), the City Council authorized the execution of an engineering agreement with Freese & Nichols, Inc. for the update to the Water System Master Plan. The resulting Master Plan provided both schedules and cost estimates for major water capital improvement projects through the year 2025 to meet the present demand and future growth within the rapidly developing service area of Fort Worth. The Water Master Plan recommends that a water treatment plant be constructed by 2011 based on projections for both population growth and corresponding potable water demands in the fast growing Westside of Fort Worth. In addition, the master plan recommends the construction of a water storage facility on the proposed water treatment plant site in 2009. The Tarrant Regional Water District (TRWD) plans to construct a 90-inch conduit to convey raw water from Lake Benbrook, Eagle Mountain Lake and this proposed water plant by January 2008. The Master Plan recommends that the proposed plant be located in the northwest part of Fort Worth in the vicinity of the new 90-inch conduit. Due to the fast pace of growth in Northwest Fort Worth and the limited locations available, it is crucial to secure a site for the proposed Northwest Water Plant as early as practical. As part of the work, Turner Collie & Braden, Inc. will perform a plant footprint evaluation to determine land requirements, perform an evaluation of four potential plant sites, make a formal recommendation regarding the site, perform a boundary survey of the recommended site, perform a formal appraisal of the recommended site, assist in the negotiation for purchase of the site and assist in the property closing procedures. This project is located in COUNCIL DISTRICT 7. Turner Collie & Braden, Inc., is in compliance with the City's M/WBE Ordinance by committing to 23% M/WBE participation. The City's goal on this project is 18%. Logname: 60TURNER Papae 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P162 531200 060162141130 $102,800.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) Logname: 60TURNER Paize 2 of 2