HomeMy WebLinkAboutContract 30450 CITY SECRETARY,
CONTRACT NO. �JUU
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH,TEXAS AND CAMP DRESSER& McKEE INC.
FOR
EAGLE MOUNTAIN WATER TREATMENT PLANT—PHASE III EXPANSION
This AGREEMENT is between the City of Fort Worth(the "CITY"), and Camp Dresser&
McKee Inc., (the"ENGINEER"), for a PROJECT generally described as the Eagle Mountain Water
Treatment Plant—Phase III Expansion. This AGREEMENT shall include engineering services related to
preliminary design, detailed design, assistance during bidding and construction, and updating the
operations and maintenance manual and providing record drawings.
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.
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(5) If the CITY fails to make payment in full to ENGINEER for billings contested in food
faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written
notice to CITY, suspend services under this AGREEMENT until paid in full, including
interest. In the event of suspension of services, the ENGINEER shall have no liability to
CITY for delays or damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under this
Agreement,providing professional engineering consultation and advice and furnishing customary
services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of skill and
diligence normally employed in the State of Texas by professional engineers or consultants
performing the same or similar services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work
such as special surveys, tests,test borings, or other subsurface investigations in connection
with design and engineering work to be performed hereunder. The ENGINEER shall also
advise the CITY concerning the results of same. Such surveys,tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,the actual
characteristics may vary significantly between successive test points and sample intervals
and at locations other than where observations, exploration, and investigations have been
made. Because of the inherent uncertainties in subsurface evaluation, 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.
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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 maintenance cost, competitive bidding procedures and market
conditions;time or quality of performance by third parties; quality, type,management, or
direction of operating personnel; and other economic 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.
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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 interest, 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 locations,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. 15550,the City has goals for the participation of
minority business enterprises and woman business enterprises in City contracts. Engineer
acknowledges the M/WBE goal established for this contract and its commitment to meet that goal.
Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission
of fraud by the Engineer may result in the termination of this agreement and debarment from
participating in City contracts for a period of time of not less than three (3)years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final
payment under this contact,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
accesses during normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance
with the provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
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(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 required by
the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
K. ENGINEER'S Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s)of insurance documenting policies of the
following coverage at minimum limits which are to be in effect prior to commencement of work on
the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident(or reasonably equivalent limits of coverage if written
on a split limits basis). Coverage shall be on any vehicle used in the course of the
PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all required
insurance shall be delivered to the CITY prior to ENGINEER proceeding with the
PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional Insured
thereon, as its interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted services.
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(b) Certificate(s)of insurance shall document that insurance overages specified
according to items section K.(1)and K.(2)of this agreement are provided under
applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
(d) A minimum of thirty(30)days notice of cancellation, non-renewal or material
change in coverage shall be provided to the CITY. A ten (10)days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER'S insurance policies. Notice shall be sent to the
respective Department Director(by name), City of Fort Worth, 1000
Throckmorton,Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the CITY; and, such insurers shall be acceptable to the
CITY in terms of their financial strength and solvency.
(f) Deductible limits,or self insured retentions, affecting insurance required herein
may be acceptable to the CITY at its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or letters
of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the PROJECT.
(h) The City shall be entitled,upon its request and without incurring expense, the
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.
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(m) Subconsultants to the ENGINEER shall be required by the ENGINEER to
maintain the same or reasonably equivalent insurance overage as required for the
ENGINEER. When insurance coverage is maintained by Subconsultants,
ENGINEER shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained herein, in the
event a subconsultant's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by ENGINEER of the
Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor,agent,or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any
existing conflicts of interest or potential conflicts of interest,including personal financial interest,
direct or indirect, in property abutting the proposed PROJECT and business relationships with
abutting property cities. The ENGINEER further acknowledges that it will make disclosure in
writing of any conflicts of interest which develop subsequent to the signing of this contract and
prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,the
ENGINEER will stop its own work in the affected portions of the PROJECT to permit
testing and evaluation.
(2) If asbestos or other hazardous substances are suspected,the ENGINEER will, if requested,
assist the CITY in obtaining the services of a qualified subcontractor to damage 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 the 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.
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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 ENGINEER may rely upon the
accuracy,timeliness, and completeness of the information provided by the CITY, except when
verification is necessary to insure the proper delivery of services to be performed.
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 accesses 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.
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F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law,the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims, damages,
losses, and costs, including,but not limited to, attorney's fees and litigation expenses
arising out of or relating to the presence, discharge,release, or escape of hazardous
substances, contaminants, or asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER's negligence or if such hazardous substance,contaminant or asbestos is
brought onto the PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article N.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
contractor 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 any one 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.
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I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures associated
with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the
replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of
the policy or documentation of such on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support,prepare, document,bring, defend, or assist in litigation undertaken or
defended by the CITY. In the event CITY request 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 item 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.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of God,
strikes, lockouts, accidents, or other events beyond the control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on 30 days'
written notice. This AGREEMENT may be terminated by either the CITY or the
ENGINEER for cause if either party fails substantially to perform through no fault of the
other and does not commence correction of such nonperformance with 5 days of written
notice and diligently complete the correction thereafter.
(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).
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G. Assignment
Neither party will assign all or 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 in including negligence, strict or statutory liability, or any other cause of
action, except for willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers,
employees, agents, and subcontractors.
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.
L. 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.
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M. Observe and Comply
ENGINEER shall at all items 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.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedule, 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—General Scope of Services
Exhibit A-1 —Supplemental Scope of Services
Attachment B—Compensation and Schedule
Exhibit B-3—Cost Summary
Exhibit B-4—Engineering Fee Development
Attachment C -Amendments for Engineering Services(Not Used)
Attachment D— Schedule
Certificate of Insurance
Executed this day of , A.D.
ATTEST: CITY OF FORT WORTH
Marty Hendrix Marc A./Ott
City Secretary Assistant City Manager
J
�q(� � APPROVED:
Cowtract Au hori atioa
Date
S. FrankVrun b,P.E.
Acting Water Director
APPROVED AS TO FORM AND CAMP DRE&SER&McKEE INC.
LEGALITY ENG ER
B
Assistant City Attorney Richard W. Sawey, P.E.
Vice President
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�;� ,
ATTACHMENT "A"
TO
AGREEMENT FOR ENGINERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND CAMP DRESSER&McKEE INC.
FOR
EAGLE MOUNTAIN WATER TREATMENT PLANT -PHASE III EXPANSION
GENERAL SCOPE OF SERVICES
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set
forth in the Supplemental Scope of Services. In cases of conflict between the Supplemental Scope of
Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence
over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the City
regarding the scope of project so that the plans and specifications which are to be developed
hereunder by the Engineer will result in providing facilities which are economical in design and
conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary for the
design of the proposed street, and storm drain and/or water and wastewater
facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information
from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that may be
needed. In the event it is determined necessary to make borings or excavate test holes or pits, the
Engineer shall in coordination with the City and the City's geotechnical engineering consultant,
draw up specifications for such testing program. The cost of the borings or excavations shall be
paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any
and all agreements and/or permits normally required for a project of this size and type. The
Engineer will be responsible for negotiating and coordinating to obtain approval of the agency
issuing the agreement and/or permits and will make any revisions necessary to bring the plans in to
compliance with the requirements of said agency, including but not limited to highways, railroads,
water authorities, Corps of Engineer and other utilities.
Eagle Nlountain"ITP-Phase III Expansion 8/6/2004
Attachment A
A-1
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes,the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes are required
due to changes in the design of the facilities made by the permitting authority. If such changes are
required,the Engineer shall notify the City and an amendment to the contract shall be made if the
Engineer incurs additional cost. If there are unavoidable delays,a mutually agreeable and
reasonable time extension shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic film
sheets, or otherwise approved by the Department of Engineering and shall become the property of
the City. City may use such drawings in any manner it desires; provided, however that the
Engineer shall not be liable for the use of such drawings for any project other than the project
described herein; and further provided,that the Engineer shall not be liable for the consequences
of any changes that are made to the drawings or changes that are made in the implementation of
the drawings without the written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of the project.
Engineer shall determine ownership of such land and furnish the City with the necessary right-of-
way sketches, prepare necessary easement description for acquiring the rights-of-way and/or
easements for the construction of this project. Sketches and easement descriptions are to be
presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-
way, easements,permits and licensing agreements. All materials shall be furnished on the
appropriate City forms in a minimum of four(4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any
proposed utility 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.
Eagle Mountain WTP-Phase III Expansion
Attachment
A-2
10) Conceptual Plans
The Engineer shall furnish four(4)copies of the Phase 1 concept engineering plans which include
layouts,preliminary right-of-way needs and preliminary estimates of probable construction costs
for the Engineer's recommended plan. For all submittals,the Engineer shall submit plans and
documents for street/storm drain and water/wastewater facilities. The Engineer shall receive
written approval of the Phase 1 Plans from the City's project manager before proceeding with
Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections,profiles, drainage calculations, and
preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty(20)copies of Phase 2 preliminary construction plans and five
(5)copies of the preliminary technical specifications for review by the City and for submission to
utility companies and other agencies for the purposes of coordinating work with existing and
proposed utilities. The preliminary construction plans shall indicate location of existing/proposed
utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans
from the City's project manager before proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four(4) copies of detailed estimates of probable construction costs for
the authorized construction project,which shall include summaries of bid items and quantities.
15) Plans and Specifications Approval
The Engineer shall furnish an original cover Mylar for the signatures of authorized City officials.
The Contract Documents shall comply with applicable local, state and federal laws and with
applicable rules and regulations promulgated by local, state and national boards,bureaus and
agencies. The Engineer shall receive written approval of the Phase 3 plans from the City:,s
project manager before proceeding with Phase 4.
Eagle Mountain WTP-Phase III Expansion 8/6/2004
Attachment A
A-3
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and
contract specifications. The approved plans and contract specifications shall be used as authorized
by the City for use in obtaining bids, awarding contacts, and constructing the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding
documents, and assist the owner in determining the qualifications and acceptability of prospective
constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is
allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of
alternate materials and equipment proposed by the prospective constructors.
18) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets
and provide assistance to the owner in evaluating bids, or proposals and in assembling and
awarding contracts for construction, materials, equipment, and Services.
19) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the construction of
the project and shall make a recommendation of award to the City.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the project during
its construction and will set control points in the field to allow City survey crews to stake the
project. The setting of line and grade stakes and route inspection of construction will be
performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe
and report on the progress and the quality of the executed work.
I . 1,
Eagle Mountain WTP-PhaseIll Expansion
Attachment A
A-4
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for compliance
with design concepts. The Engineer shall review laboratory, shop, and mill tests reports on
materials and equipment.
24) Instruction to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract documents,
review change orders and make recommendations as to the acceptability of the work, at the request
of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field conditions
encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the Contractor.
END OF ATTACHMENT "A"
Eagle Mountain 6VTP-Phase III Expansion 8/6/2009
Attachment A
A-5
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
FOR
EAGLE MOUNTAIN WATER TREATMENT PLANT -PHASE III EXPANSION
The following is a clarification of the tasks that the Engineer will perform under Attachment "A". Work
under this attachment includes engineering services for water treatment plant expansion at the Eagle
Mountain Water Treatment Plant (EMWTP).
Upon receipt of notice to proceed, Engineer shall conduct preliminary design studies,perform detailed
design, prepare construction contract documents,provide assistance during bidding and construction, and
update the operations and maintenance manual for the expansion of the EMWTP. The work is separated
into the following four phases:
■ I—Preliminary Design
■ II-Design
■ III-Construction Services
■ IV -O&M Services
The design and construction phases will include up to two separate packages. These include:
■ 35-MGD Plant Expansion
■ Clearwells and High Service Pump Station
Additional design and construction packages will be performed as additional services to the engineering
agreement.
I. PRELIMINARY DESIGN PHASE
A. General
A.I Engineer shall conduct initial kickoff meeting with the City at the EMWTP to introduce
project team members, establish protocol and lines of communication, gather all available
documents pertinent to the Assignment, and discuss project scope and schedule.
Engineer's team members to be present include the project manager (PM),project
engineer(PE), and lead structural, electrical, HVAC, architectural and instrumentation
engineers.
A.2 Engineer shall meet with the Texas Commission on Environmental Quality(TCEQ)in
Austin to discuss the project and the potential for obtaining exceptions for the expanded
plant sedimentation basins and filters, similar to the existing plant facilities. Engineer's
PM shall attend this meeting in Austin.
1.
Eagle Mountain WTP—Phase III Expansion A 1-I
Exhibit A-1 ���"�
A.3 Engineer shall conduct an on-site plant reconnaissance to evaluate the existing plant,
verify the plant's conformance with the record drawings and discuss concerns and changes
with the plant operations staff. This subtask will include Engineer's design engineers and
subconsultants as necessary.
AA Engineer shall hold monthly progress meetings during the Preliminary Design Phase with
the City staff to discuss aspects of the project presently underway,project schedule, and
upcoming issues. These meetings will generally be about four hours duration and are not
intended to be formal presentations. The appropriate Engineer team members shall attend
the meetings to discuss pertinent issues.
A.5 Technical Memoranda(TM)shall be prepared to present results of the various issues and
topics of the Preliminary Design Phase. They will outline the issues involved, alternatives
considered, and make recommendations. Appropriate graphics, charts, diagrams, and
tables will supplement the text to provide a complete working summary document. Fifteen
copies of each TM will be provided to the City.
Following submission of the TMs and a minimum of one week for City staff review,
Engineer shall present the TM material and recommendations to City staff at a project
meeting. City shall provide written comments to all technical memoranda within five
working days from the project meeting. Engineer shall respond to City's review comments
and, after agreement is reached, incorporate agreed upon changes into the final TM.
A.6 A Peer Review of the preliminary design effort shall be conducted by the City's Program
Manager. Engineer shall brief the Program Manager as necessary and respond to their
questions and comments. Engineer shall prepare a written response to the Peer Review.
A.7 Engineer shall assist City's Program Manager in conducting two public information
meetings for the project. Engineer shall provide presentation material and assist during
the presentation.
A.8 Project Management. Engineer shall prepare a written project management plan which
outlines the project scope and protocol for conducting the project. This work plan shall be
prepared in preliminary format for internal review and submitted to the City at the Kickoff
Meeting for review and comment. A final work plan will be prepared which incorporates
review comments. The final work plan shall be distributed to Engineer and City staff and
will include the following items:
■ Objectives of Project
■ Scope of Services
■ Schedule
■ Deliverables
■ Communication Plan
■ Project Workshops
■ Engineer Technical Reviews
■ City Reviews
■ Project Team Directory
■ Correspondence
Eagle Mountain WTP—Phase III Expansion A1-2 8/6/2004
Exhibit A-1
■ Inventory of Baseline Information and Data
■ Invoicing Information
■ Management Status Reports
■ Filing System
Engineer shall track the budget and schedule on a weekly basis. Engineer shall meet with
City's project manager weekly to update the schedule, progress of work, and potential
changes to the scope of work.
B. Project Workshops
Engineer shall conduct a series of workshops during the preliminary design and design
phases with City staff to develop project direction for various items related to plant
expansion. Engineer shall provide the services of senior staff, experienced in the
individual topics, to participate in each workshop. Engineer shall provide a summary
document following each of the workshops, documenting the outcome and presenting
action items to be completed.
B.1 Workshop 1 —Project Goals and Expansion Issues. A one-day workshop shall be
conducted to discuss initial and future process selection, control issues, initial and future
expansion site layout, and value engineering for cost control. This workshop,to be
conducted in the beginning stage of the project, will set the direction for expansion
alternative evaluation and preliminary design.
B.2 Workshop 2—Instrumentation and Control. A one-day workshop shall be conducted to
cover the project I&C topics including: existing and future system architecture; control
strategies; communications network and SCADA system;hardware, software and
programming issues; standard equipment; security issues; system maintenance and
staffing; procurement; integrating new system with existing system. This workshop will
be conducted early during preliminary design.
C. Power Delivery Evaluation
C.1 A new power delivery system will be required for both the existing 70-mgd EMWTP
facilities and the proposed 35-mgd expansion to ensure sufficient reliable power to the
plant. Engineer shall conduct an evaluation of alternatives for power delivery to both the
Eagle Mountain WTP and the raw water pump station. Engineer shall review the existing
electrical loads developed the program manager and update as necessary. Alternatives to
be considered include: use of existing TXU substation with modifications; a new TXU
substation at the plant; and build a new City-owned substation at the plant.
C.2 Engineer shall coordinate and with TXU(ONCOR)in developing the feasible alternatives
and the potential cost implications of each,both construction and maintenance costs and
potential rate savings. Engineer shall conduct meetings with ONCOR and City staff
throughout the evaluation process.
C.3 Upon completion of the evaluation, Engineer shall prepare a technical memorandum
summarizing the alternative evaluation and recommending the proposed alternative.
Eagle Mountain WTP—Phase III Expansion A1-3 8/6/2004
Exhibit A-I
D. Plant Scale Testing Verification
D.1 If required by TCEQ for obtaining exceptions to the Rules and Regulations, Engineer shall
develop protocols and testing programs for in-plant testing of the sedimentation basins and
filters to evaluate their capabilities of effectively treating higher flow rates, thus resulting
in exceeding TCEQ design criteria. The testing would most likely be performed at the
Rolling Hills WTP.
D.2 Engineer shall evaluate the results of the testing and recommend the appropriate course of
action.
D.3 Engineer shall produce a technical memorandum that describes the testing results and
submit to TCEQ for approval.
DA It is not anticipated that filter pilot testing will be required by TCEQ. If such pilot testing
is required, it would be performed as an additional service to the contract.
E. High Service Pump Station—Pump Selection and Layout
Engineer shall use previously developed system head curves for the Northside 11,Northside III,
and Northside N pressure for various operating conditions to size the future high service pumps
for current and future demands and determine transmission pipeline sizes for the plant.
E.1 Engineer shall meet with City to review scope and obtain copies of system head curves
developed from the most recent distribution system model for northside pressure planes.
These system curves will be used to evaluate recommended size and number of pumps for
the new high service pump station,working in conjunction with the existing high service
pump stations.
E.2 Engineer shall prepare technical memorandum recommending initial size and number of
pumps for the new high service pump station and for the next plant expansion.
F. Permit and Code Review
F.1 Engineer/Architect shall conduct a preliminary assessment of all project related code and
permit requirements and develop a memorandum outlining the issues to be included
during the design phase of the project.
F.2 Engineer shall conduct preliminary meetings with City Development Department to
present project and develop protocol for obtaining permits.
Eagle Mountain WTP—Phase III Expansion A14
Exhibit A-I �'
-------------
i
G. State Revolving Fund Assistance
G.1 Engineer shall meet with the Texas Water Development Board(TWDB) in Austin
concerning issues related to obtaining SRF funding for the project and correspond with
TWDB on the City's behalf during the application process..
H. Instrumentation &Control Evaluation
H.I Engineer shall review the existing plant I&C system and the current networking with the
SCADA System and determine issues that need to be addressed in implementing the new
I&C System.
H.2 Engineer shall evaluate alternative plant I&C systems for the expanded plant and means
for procurement of the new system. Coordination and communication with the existing
plant I&C system shall also be evaluated.
H.3 Engineer shall assist City in the I&C procurement process, including reviewing and
evaluating proposals from I&C system integrator firms.
HA Engineer shall provide a technical memorandum presenting the I&C alternative evaluation
and recommending the system to be incorporated for the plant expansion.
J. Preliminary Design
J.l Engineer shall perform design topographical surveying for the water treatment plant site.
Engineer shall verify existing permanent control points and bench marks to USGS datum.
J.2 Engineer shall conduct geotechnical investigation for design of the EMWTP facilities.
J.3 Engineer shall evaluate process modifications necessary for improving performance and
operation of the EMWTP and develop preliminary Process Mechanical Diagrams (PMDs)
for each design package of the proposed EMWTP project. A technical memorandum will
be presented for the following plant facilities:
■ Raw Water Screening and Holding Basin
■ Ozonation Facilities
■ Rapid Mix and Flocculation
■ Sedimentation and Sludge Removal
■ Filtration and Backwashing
■ Washwater Recovery
■ Chemical Storage and Feed Facilities
■ Sludge Handling
■ Clearwells and High Service Pump Station
■ Facility Site/ Civil
■ Process Control System
Process Mechanical Drawings shall be prepared for each process and chemical system.
N„
Eagle Mountain WTP-Phase III Expansion Al-5
Exhibit A-1
~-i t
J.4 Engineer shall evaluate the plant hydraulics for the Eagle Mountain WTP Expansion. A
model for the plant shall be developed so that the impact of various flow scenarios can be
evaluated and structures and piping properly sized. Hydraulic gradelines through the plant
at various flows shall be prepared.
J.5 Engineer shall prepare a preliminary cost estimate for each proposed design package for
the EMWTP project.
J.6 Engineer shall prepare a Preliminary Design Report(PDR)for each proposed design
package of the EMWTP project that will incorporate the items evaluated in the
Preliminary Design Phase and present the proposed plans for expansion. The PDRs will
include all plant design criteria and the proposed list of equipment. Twenty(20)copies
shall be submitted to the City.
II. DESIGN PHASE
A. General
A.1 Engineer shall perform TRC review of contract documents at the 70% complete stage and
a constructability review of completed documents.
A.2 Engineer shall cooperate with City's Program Manager during his Peer Review and
Constructability Review of completed documents,respond to comments, and meet with
City to decide which recommendations will be incorporated into the project and make
changes accordingly.
A.3 Engineer shall conduct monthly progress meetings during the Design Phase with City
Staff to review work completed to date, project schedule, and other issues. These
meetings will be approximately four hours in duration.
A.4 Engineer shall conduct review meetings with City staff for the 70% and 95% complete
submittals. Review meetings will be conducted by discipline, including civil/process-
mechanical; structural-architectural; and electrical-instrumentation.
A.5 Engineer shall perform project management duties through the design phase, including
tracking budget and schedule and meeting with City's project manager on a weekly basis
for project updates.
A.6 Workshop 3 —Equipment Selection and Maintenance. A V2-day workshop will be
conducted with plant O&M staff to discuss issues related to proposed equipment and
facility maintenance. The purpose of this workshop is to ensure that City standards are
maintained, while keeping the project bid competitive, and to minimize operational and
maintenance requirements. This workshop will be conducted upon completion of
preliminary design.
A.7 Workshop 4—Electrical Facilities. A %i-day workshop will be conducted with the City
electrical group to ensure that City standards are being followed and to reach consensus on
equipment manufacturers and materials used for the new facilities.
Eagle Mountain WTP—Phase III Expansion Al-6 86!2004
Exhibit A-1
B. Plans and Specifications
Engineer shall prepare complete contract documents (plans and specifications)for use in bidding
and constructing the work. The work will be designed,bid and constructed in two packages:
■ 35-MGD Plant Expansion
■ Clearwells and High Service Pump Station
Separate sets of contract documents will be provided for each package.
Engineer shall use City's standard General Conditions section of specifications and modify as
necessary in Supplementary Conditions to fit this project. Documents shall include General and
Special Conditions, Bid Proposal Forms, Instructions to Bidders, and all other sections generally
considered to be necessary for solicitation of bids. Engineer shall coordinate all proposed building
structures with City Building Inspection Department to ensure buildings meet City codes.
Engineer shall prepare necessary documentation and applications for submittals and permits
required for both construction projects from:
■ Development Department(Building Permits)
■ Texas Commission on Environmental Quality(Plan Review/Approval)
■ Texas Department of Licensing and Regulation (Accessibility Review)
■ Texas Department of Transportation(Right of Way or Easement)
■ TXU Electric (Right of Way or Easement)
■ Stormwater Pollution Prevention Plan
B.1 35-MGD Plant Expansion
The design services under Task II.B.1 include those tasks necessary for expanding the
Eagle Mountain Water Treatment Plant capacity from 70-mgd to 105-mgd with a parallel
35-mgd treatment module and associated facilities. This design will include:
■ One raw water screen structure
■ Ozone contact basins
■ Ozone generation building(to house equipment only—no restrooms,offices, etc.)
■ Treatment structure (similar to existing)to include rapid mix basins, flocculation
basins, sedimentation basins, filters, filter pipe gallery and filter control room.
Basement area will house chemical feed pumps, backwash pumps, and blowers.
■ One circular washwater recovery basin with recycle pump station
■ New chlorine and ammonia storage and feed building
■ Chemical storage tank farm
■ New raw water holding reservoir(similar to existing)
This project will also include: yard piping, including new raw water pipeline from
property line to plant facility; plant roadways and sidewalks; new entrance off of Boat
Club Road with security facilities; site grading and drainage; telephone system;
landscaping; miscellaneous meter vaults and valve vaults; new electrical building; plant
electrical; high voltage power supply system; plant I&C system; fire protection and
sprinkler systems; and necessary HVAC and plumbing.
Eagle Mountain W P—Phase I Expansion
1-
'46 20(J4�•=: .
Exhibit A-1
B.2 Clear-wells and High Service Pump Station
The design services under Task II.B.2 include those tasks necessary for providing two new
3.5-MGaI clear-wells and high service pump station to serve the Northside II, Northside III,
and Northside IV pressure planes. The clearwell and high service pump station design
will include:
■ Two 3.5 MGaI concrete clearwells
■ A concrete wet well structure connected to the new clearwells with vertical turbine
pumps, valves, and piping
This project will also include:yard piping, including treated water transmission pipelines
from the pump station to the west property line; plant roadways and sidewalks; site
grading and drainage;miscellaneous meter vaults and valve;plant electrical;high voltage
power supply system; and I&C system.
B.3 Engineer shall provide City ten(10)sets of review documents at 70% and 95%
completion.
B.4 Engineer shall provide five sets of 100% sealed documents to City for final review. These
documents shall also be submitted to TCEQ for review/approval. Engineer shall update
plans and specifications with any final comments prior to bidding.
C. Cost Estimate
C.1 Engineer shall prepare opinions of probable project cost for each construction project
based upon 70% complete documents and the final documents.
III. CONSTRUCTION PHASE
A. General
A.1 Engineer shall attend monthly construction progress meetings with City, Construction
Manager, and Contractor. Engineer shall provide, on average, 2 persons per meeting over
a 24-month construction period. It is assumed the meetings will last about 4 hours.
A.2 Engineer shall make periodic visits to project site to observe the progress and quality of
the various aspects of the contractors'work. Engineer shall participate in substantial
completion and final completion inspections.
A.3 Engineer shall perform project management related duties, similar to those in the previous
phases, throughout construction.
Eagle Mountain WTP—Phase III Expansion Al-8 3.02004
Exhibit A-1
B. Bidding
B.1 Engineer shall reproduce and distribute contract documents to prospective bidders and
vendors and maintain a log of distribution. For each of the two EMWTP construction
projects, Engineer shall provide 150 sets of half-size drawings and specifications for
distribution. Twenty(20) of these sets will be designated for City use. In addition,
Engineer shall provide 30 sets of full size drawings for distribution. Ten of these sets will
be for Contractor use.
B.2 Engineer shall attend the pre-bid conference for each of the two EMWTP construction
projects and answer, by written addenda, contractors' and suppliers'functional and
technical questions during bidding phase.
B.3 Engineer shall provide clarifications and answer questions from prospective bidders and
vendors during the bidding phase. If necessary, such clarifications will be included in
addenda.
B.4 Engineer shall attend bid openings, review bids, and assist with recommendations for
contract awards.
B.5 Engineer shall prepare conformed documents, incorporating addenda items into the plans
and specifications and provide 40 sets of%2 size plans and specifications and 10 sets of full
size plans for use by City staff and Contractor during construction.
B.6 Engineer shall prepare eight sets of contract documents, with appropriate bonds,
insurance, contracts, M/WBE documentation and other forms, for contracts between the
City and Contractor.
C. Submittal Review
C.1 Engineer shall perform technical and functional review of all shop drawings and other
submittals.
C.2 Engineer shall respond to all RFIs, as requested by the Construction Manager. It is
anticipated that the Construction Manager will respond to simple clarification type
questions and will provide copies of responses to Engineer.
C.3 Engineer shall review and comment on all Change Order requests and initiate Change
Order requests when appropriate.
CA Engineer shall log-in, track, and distribute submittals to the various disciplines and
subconsultants.
D. Testing
D.l Engineer shall provide instrumentation and control system coordination and testing during
construction. Testing will include the Witness Factory Tests, Functional Demonstration
Tests, and I&C assistance during construction.
Eagle Mountain WTP-Phase III Expansion Al-9 V&20041 U 7-,
Exhibit A-I - L; U 6
D.2 Engineer shall perform ozone performance testing for the new ozone generators to verify
that the power efficiency and water usage requirements are met.
D.3 Engineer shall attend high service pump factory tests to verify the pumps meet the design
conditions and efficiencies.
IV. O&M SERVICES
A. General
A.1 Engineer shall provide up to 40 hours of assistance during plant start up.
A.2 Engineer shall consult with the City's plant and engineering staff on a monthly basis, for a
period not to exceed 12 months, to review outstanding issues,problems with plant and
related matters, and advise on possible solutions and actions to be undertaken by the City.
A.3 Engineer shall perform project management related duties, similar to those in the previous
phases,throughout the O&M Services phase.
B. O&M Manual
Engineer shall update the existing O&M Manual for the Eagle Mountain Water Treatment Plant in
the multi-media electronic format. The individual sections of the existing O&M Manual will be
revised as necessary for the new and/or revised plant facilities. The O&M Manual will be
delivered to the City in draft and final form.
C. Record Drawings
C.1 Engineer shall prepare Record Drawings using Contractor's and City's Construction
Manager's field plans as a basis for making changes. The Record Drawings shall be
produced on Autocad files.
C.2 The AutoCad files for the Record Drawings shall be delivered to the City on computer
diskette. In addition, one set of mylar reproducible drawings shall be provided to the City
for each of the EMWTP projects.
Eagle Mountain WTP-Phase III Expansion Al-10 8/6/2004
Exhibit A-I
V. SCHEDULE
A. The City and the Engineer recognize the need to complete the Preliminary Design and Design
Phases of this project in a timely manner. The Engineer shall initiate work prescribed hereunder
immediately upon the execution of the Agreement and upon issuance by City of Notice to Proceed.
A schedule including all project tasks and deliverables is presented in Attachment "D". Engineer
will generally follow this schedule so as to complete the Preliminary Design and Design Phases of
the project as follows:
■ Preliminary Design Report November 15, 2004
■ 100%Complete Design Plans &Specifications June 30, 2005
END OF EXHIBIT "A-1"
Eagle Mountain WTP-Phase III Expansion Al-11 8/6/2004
Exhibit A-1
ATTACHMENT "B"
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC.
FOR
EAGLE MOUNTAIN WATER TREATMENT PLANT— PHASE III EXPANSION
COMPENSATION AND SCHEDULE
I. BASIC ENGINEERING SERVICES
For engineering services provided under Attachment "A", the City shall pay the Engineer on a
Salary Cost Method an amount not to exceed$4,645,213.00, according to paragraphs A, B and C
below.
A. Labor. The engineer shall be compensated for the services of his personnel on the basis of
Salary Cost times 2.3 for the time such personnel are directly utilized on the work.
Salary Cost is defined as the cost of salaries (including sick leave,vacation, and holiday
pay applicable thereto)plus unemployment, excise, and payroll taxes; and contributions
for social security, employment compensation insurance, retirement benefits, and medical
and other insurance benefits.
The salaries of any personnel assigned are subject to reasonable modification by the
Engineer throughout the term of this Agreement;however, such modifications will not
affect the upper limit value of this Agreement.
B. Other Incidental Direct Costs. The Engineer shall be compensated at his cost plus 10%
for all costs other than salary costs that are incurred pursuant to this Agreement,but which
are not normally included as part of the Engineer's overhead. These costs include, but are
not limited to: air fare, automobile rental, mileage charges, parking, tolls, taxi, meals,
lodging, telephone,printing and reproduction costs, computers and word processors,
postage and mailing costs, and other miscellaneous costs incurred specifically for this
project.
C. Subconsultant Services. For all subconsultant services the Engineer shall be compensated
at his actual subconsultant cost plus 5%.
D. Partial Payment shall be made monthly upon receipt of an invoice from the Engineer,
prepared from the books and records of the Engineer outlining the amount of hours
worked by each employee, the employee's name and classification, and the employee's
salary rate, along with itemized charges for any subcontract work performed and expenses
incurred during the period covered by said invoice. Each invoice is to be verified as to its
accuracy and compliance with the terms of this contract by an officer of the Engineer.
Payment will be subject to the certification of the Director of the Water Department or his
duly authorized representative that such work has been performed.
Eagle Mountain W-1 P—Phase fit Expansion B-1 8;6/2004
II. ADDITIONAL SERVICES
For Additional Services provided outside the scope defined in Attachment "A"and Exhibit "A-1
as approved by an amendment to this Agreement,the City will pay the Engineer for Labor,Other
Incidental Direct Costs and Subconsultants on the same basis as described in Paragraph I of this
Attachment"B".
III. SCHEDULE
Exhibit "A-1"(Supplemental Scope of Services)shall be completed in accordance with the project
schedule—Attachment"D".
END OF ATTACHMENT`B"
ro ren- , eo
Eagle Mountain VJTP-Phase III Expansion
B-2 �, Sr6iigij f U'
EXHIBIT "B-3"
COST SUMMARY
FOR
EAGLE MOUNTAIN WATER TREATMENT PLANT - PHASE III EXPANSION
Project Engineering MIWBE MIWBE
Phase Description Fee FEES %
I PRELIMINARY DESIGN $528,186 $158,000 29.9%
II-1 DESIGN-PLANT EXPANSION $2,478,374 $764,000 30.8%
II-2 DESIGN-HIGH SERVICE PUMP STATION $497,060 $146,300 29.4%
III-1 CONSTRUCTION-PLANT EXPANSION $699,459 $85,000 12.2%
111-2 CONSTRUCTION -HIGH SERVICE PUMP STATION $268,552 $17,700 6.6%
IV O&M SERVICES $173,582 $15,000 8.6%
TOTAL $4,645,213 $1,186,000 25.5%
M/WBE Engineering Services
Proposed M/WBE Sub-Consultant Services Fee %
Multatech Engineering, Inc. HVAC,Architectural,and $453,000 9.8%
Mr.Al Saenz Electrical Engineering Design
1407 Texas Street,Suite 200 Fort Worth,Texas 76102
Phone:817-877-5571
Gupta&Associates, Inc. Electrical Engineering Design $515,000 11.1%
Mr.V.K.Gupta
5430 Alpha Road,Suite 200,Dallas,Texas 75235
Phone:972-490-7661
Chiang,Patel&Yerby, Inc. Site Civil Engineering Design $138,000 3.0%
Mr. William Carroll
15100 Trinity Blvd.,Suite 200,Fort Worth,Texas 76155
Phone:817-354-0189
Gorrondona&Associates, Inc. Surveying $30,000 0.6%
Mr.Brad Gorrondona
6707 Brentwood Stair Road,Suite 50, Fort Worth,Texas 76112
Phone:817-496-1424
KADD Associates AutoCAD Design Services $50,000 1.1%
Mr.Steven Tucker
1901 Central Drive,Bedford,Texas 76201
Phone:817-355-1777
TOTAL $1,186,000 25.5%
Eagle Mountain WTP-Phase III Expansion
Exhibit"B-3- 816P2004
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A CORDrr TIFICATE OF LIABILITY INSU AMCt
DATE(MM/DD/YY)
08/19/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Services, Inc. of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
99 High Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY Zurich American Ins Co
PHONE- (866) 266-7475 FAX. (866) 467-7847 A
INSURED COMPANY Lloyds Of London u
Camp Dresser & McKee Inc. B
one Cambridge Place COMPANY a
50 Hampshire Street v
Cambridge MA 021390000 USA C x
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF LNSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY) N
A GENERAL LIABILITY GL08376632-08 01/01/04 01/01/05 GENERAL AGGREGATE $1,000,000
commercial General Liability oho
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S1,000,000 n
O
CLAIMS MADE OCCUR PERSONAL&ADV INJURY S1,000,000 Q
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 n
FIRE DAMAGE(AnV one fire) $100,000 C
MED EXP(Anv one person) $10,000 'Z
A AUTOMOBILE LIABILITY BAP837663108 01/01/04 01/01/05 COMBINED SINGLE LIMIT $1,000,000
u
X ANY AUTO BUSINESS AUTO COVERAGE 4
L
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Pew) U
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY: .z y
EACH ACCIDENT
AGGREGAT
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
A WORKER'S COMPENSATION AND WC837663309 01/01/04 01/01/05 X TORY WC STAT
LIMITS
EMPLOYERS'LIABILITY WORKERS COMPENSATION EL EACH ACCIDENT
THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $1,000,000
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $1,000,000
B QK0401367 01/01/04 01/01/05 Each Claim/Aggregate 31,000,000
ARCHITECTS & ENGINEERS E&O
X Archit&Eng Prof
�J
DESCRIPTION OF OPRATK)NS/LOCATIONSIVEHICLESISPECIAI ITEt�3
Project TF a Mountain Water Treatment P ant - Phase III Expansion / Design and Services during Construction of a
35-MGD Water Treatment Plant expansion to the existing 70 MGD plant. The City of Fort Worth, its employees,
officers, officials, agents and volunteers are included as additional insured as their interest may appear with
CIRC CAt rx CANdWx ok
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORTO MAIL
Attn: Chris P. Harder, P.E. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3C
1000 Th rockmorton BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Fort Worth TX 76102 USA
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. �=
AUTHORIZED REPRESENTATIVE
I.
ACC .., R
W
Attachment to ACORD Certificate for camp Dresser & McKee inc.
The terms,conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s).This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy.
INSURED COMPANY
camp Dresser & McKee Inc. COMPANY
one Cambridge Place
50 Hampshire street COMPANY
Cambridge MA 021390000 USA
COMPANY
COMPANY
ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD
certificate form for policy limits.
CO POLICY NUMBER POLICY POLICY
TYPE OF INSURANCE EFFECTIVE EXPIRATION LIMITS
LTR POLICY DESCRIPTION DATE DATE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
respect to General and Auto Liability. waiver of subrogation applies.
Certificate No: 570010786605 ,.
� �i?ru �n� ��c.�
., City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/24/2004
DATE: Tuesday, August 24, 2004
LOG NAME: 60CDMEAGLE REFERENCE NO.: C-20235
SUBJECT:
Engineering Agreement with Camp, Dresser & McKee, Inc. for the 35 Million Gallon per Day
Expansion of the Eagle Mountain Water Treatment Plant and High Service Pump Station
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Camp, Dresser& McKee, Inc. in the amount of$4,645,213.00 for the design of the 35 million gallon per
day (MGD) expansion of the Eagle Mountain Water Treatment Plant and High Service Pump Station.
DISCUSSION:
The Eagle Mountain Water Treatment Plant (EMWTP) is an approximately 60 MGD water treatment
plant. The original 30 MGD plant was completed in 1992 and a 30 MGD expansion was completed in 2001.
On March 13, 2002 (M&C C-19013), City Council authorized the execution of an engineering agreement
with Freese & Nichols for the update to the Water Distribution System Master Plan. This study provided
both cost estimates and schedules for major water capital improvement projects through the year 2025.
The update to the water master plan contains projections for continued high rate of population growth and
corresponding potable water demands within the Fort Worth service area. Specifically, within the North
Side pressure planes, the population is expected to increase from approximately 64,000 to 104,000 people
by 2007. North Side pressure planes include the rapidly growing Alliance Airport, Park Glen, Lake Country
areas, and wholesale customers such as the cities of Keller and Southlake.
The Water Master Plan recommends that, as the first phase, the rated capacity at the EMWTP be
expanded by a minimum of 35 MGD by the summer of 2007 in order to meet the projected water demands
of the retail and wholesale customers located in the northern part of the city.
The Fort Worth Water Department solicited proposals from engineering firms for the design of the 35 MGD
Expansion of the Eagle Mountain Water Treatment Plant and High Service Pump Station. All firms
submitting proposals were interviewed. Camp, Dresser & McKee was selected for the design of this
project.
As part of the scope of work contained within this engineering agreement, Camp, Dresser & McKee will
design a new 35 MGD expansion of the existing Eagle Mountain Water Treatment Plant with unit processes
consisting of screening, ozonation, flocculation, sedimentation, and filtration. The scope includes the
design of new clearwells and high service pump station. Camp, Dresser & McKee will coordinate with the
program manager as well as the two consultants selected to design the raw water pump station and intake
structure and the raw water pipeline.
This project is located in COUNCIL DISTRICT 7.
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Camp, Dresser & McKee, Inc., is in compliance with the City's M/WBE Ordinance by committing to 26%
M/WBE participation. The City's goal on this project is 21%.
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
P164 531200 060164052003 $4.645.213.00
Submitted for City Manager's Office by; Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
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