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
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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
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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
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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
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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
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.*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
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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
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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
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(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
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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
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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
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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
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ATTEST: CITY F FORT WORTH
Y e'
Marty Hendrix Marc A. Ptt Ll
City Secretary Assistant City Manager
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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