HomeMy WebLinkAboutContract 27797 06 a , ; CITY SECRETARY
CONTRACT NO.
AGREEMENT FOR ENGINEERING SERVICES BETWEEN
THE CITY OF FORT WORTH
AND
CAMP DRESSER&McKEE
FOR
TRNITY RIVER SIPHON PROJECT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That the City of Fort Worth, a municipal corporation situated in Tarrant County, Texas, acting by
and through Gary Jackson, its duly authorized City Manager, hereinafter called "CITY" and Camp Dresser
& McKee, acting herein by and through Richard W. Sawey, its duly authorized Vice President and Client
Officer,hereinafter called"ENGINEER", do enter into the following agreement.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained the parties
hereto do hereby covenant and agree as follows:
ARTICLE I
SERVICES
Section 1. The City hereby contracts with the Engineer as an independent contractor, and the
Engineer hereby agrees to perform the services herein described with diligence and in accordance with the
professional standards customarily obtained for such services in the State of Texas. The professional
services set out herein are in connection with the following described project:
The design of sanitary sewer facilities for the Trinity River Siphon Project(the Project).
Section 2. The services to be performed by the Engineer shall include the following, but are not
limited to, scope of services listed in Exhibit "A" attached hereto, incorporated herein and made a part
hereof for all intents and purposes.
ARTICLE II
PHASES AND SCHEDULES
Engineering work for the Project shall be completed according to the schedule in Exhibit"B".
ARTICLE III
COMPENSATION
A. The Engineer shall be compensated as described in Exhibit "C" and on the basis
of the hourly rate schedule included as Exhibit "D" of this Agreement. In addition, the
Engineer's compensation shall be on the basis of Salary Cost times a multiplier of 2.35.
B. Actual out-of-pocket expenses that are incurred during the progress of the work
will be paid at the Engineer's cost plus 10 percent. The actual out-of-pocket expenses
include: air fare, automobile rental if required, mileage charges,parking, tolls, taxi,meals,
lodging, telephone, printing and reproduction costs, and other miscellaneous costs
incurred specifically for this project.
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C. For additional work done by subconsultants, at the actual cost to the Engineer of
such services plus 10 percent.
D. The total compensation(inclusive of Paragraphs A, B and C above) for all of the
services to be performed by the Engineer as described in Article I, Section 2 shall not
exceed$299,629 and shall be described in Exhibit"E".
E. It is understood that this Agreement contemplates the full and complete
engineering services for the Project including any or all charges necessary to complete the
work as outlined in the Scope of Services.Nothing contained herein shall be construed as
authorizing any additional fees for services to provide complete plans, specifications,
easements, permits, or other services, as necessary for successful completion of the
Project. The Engineer acknowledges by execution of this Agreement that such
contingencies as may be deemed necessary and proper have been included in the basic
fee.
ARTICLE IV
AUTHORIZATION, PROGRESS AND COMPLETION
The City and the Engineer agree that the project is planned to be completed in accordance with the
Project Schedule in Exhibit B which is attached hereto and made a part hereof. The Engineer shall employ
manpower and other resources and use professional skill and diligence to meet the schedule; however, he
shall not be responsible for schedule delays resulting from conditions beyond his control. With mutual
agreement, the City and the Engineer may modify the project schedule during the course of the project and
if such modifications affect the Engineer's compensation, it shall be modified accordingly, subject to City
Council approval.
For Additional Engineering Services, the authorization by the City shall be in writing and shall
include the definition of the services to be provided, the schedule for commencing and completing the
services, and the basis for compensation therefore, all as agreed upon by the City and Engineer.
It is understood that this Agreement contemplates the full and complete engineering services for
the Project including any and all services necessary to complete the work as outlined in Exhibit A and A-1
General and Supplemental Scope of Engineering Services other than Additional Engineering Services.
Nothing contained herein shall be construed as authorizing additional fees for services to provide
complete services necessary for successful completion of the Project other than Additional Services. The
Engineer acknowledges by execution of this contract that such contingencies as may be deemed necessary
and proper have been included in Exhibit C-Compensation.
ARTICLE V
PROGRESS REPORTS
The Engineer shall submit monthly progress reports to the Director of the Water Department. If the
Engineer determines in the course of making design drawings and specifications that the cost estimate of(
)will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the
Engineer shall immediately report such facts to the City's Director of the Water Department and, if so
instructed by the Director of the Water Department, shall suspend all work hereunder.
ARTICLE VI
TRANSFER OF AGREEMENT
The Engineer shall not assign, sublet or transfer, in whole or part, its interest in this Agreement
without the prior written consent of the City.
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ARTICLE VII
SUSPENSION OF SERVICES
The City may suspend, in writing,all or a portion of the services provided under this Agreement in
the event unforeseen circumstances beyond the control of the City make normal progress in the performance
of services impossible. The Engineer may request that the services be suspended by notifying the City, in
writing, of circumstances which are interfering with normal progress of the services.The time of completion
of the services shall be extended by the number of days the services are suspended. In the event that the
period of suspension exceeds ninety(90) days, the terms of this Agreement are subject to renegotiation and
both parties are granted the option to terminate services on the suspended portion of the project in
accordance with Article VIII.
ARTICLE VIII
TERMINATION OF AGREEMENT
Section 1. The City may terminate this Agreement at any time for convenience or for any
cause by notice in writing to the Engineer. Upon receipt of such notice, the Engineer shall immediately
discontinue all services and work and the placing of all orders or entering into contracts for supplies,
assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
Section 2. If the City terminates this Agreement under the foregoing Section 1, the City
shall pay the Engineer the full amount due for services performed prior to such termination, which payment
shall be based upon the billing rates defined in Article 3.A of employees engaged on the project by the
Engineer up to the date of termination of the Agreement and for subcontract and reproduction in accordance
with the method of compensation stated in Article III herein.
Section 3. All completed or partially completed reports prepared under this Agreement,
including the original drawings, shall become the property of the City when the Agreement is terminated,
and may be used by the City 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 in this agreement.
ARTICLE IX
SUCCESSORS AND ASSIGNS
The City and the Engineer each bind themselves, their successors and assigns, to the other party to
this Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
ARTICLE X
INDEPENDENT CONTRACTOR
Engineer covenants and agrees that it will perform the work hereunder as an independent
contractor, and not as an officer, agent, servant, or employee of the City; that the Engineer shall have the
exclusive control of and the exclusive right to control the details of work performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not
apply as between the City and the Engineer, its officers, agents, employees, contractors, subcontractors,and
consultants, and nothing herewith shall be construed as creating a partnership or joint enterprise between
City and Engineer.
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ARTICLE XI
DISCLOSURE
By signature of this Agreement, the Engineer warrants to the City of Fort Worth that it has made
full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interests, direct or indirect, in property abutting the proposed project and business
relationships with abutting property owners. The Engineer further warrants that it will make disclosure in
writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to
final payment under this Agreement.
ARTICLE XII
INDEMNITY AND INSURANCE
Approval by the City of this Agreement shall not constitute or be deemed to be a release of the
responsibility and liability of the Engineer, its officers, agents, employees, and subcontractors, for the
accuracy and competency of the services performed under this Agreement, including, but not limited to,
evaluations, reports, surveys, designs, working drawings and specifications, and other engineering
documents.
Such approval shall not be deemed to be an assumption of such responsibility and liability by the
City for any negligent act, error or omission in the performance of the Engineer's professional services or in
preparation of the evaluations, reports, investigations, surveys, designs, working drawings and
specifications or other engineering documents by the Engineer, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by the City signifies the City's approval of
only the general design concept of the improvements to be constructed. In this connection, the Engineer
shall indemnify and hold the City and all of its officers, agents, servants, and employees harmless from any
loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all
persons, including, but not limited to, officers, agents or employees of the Engineer or subcontractors, and
all persons performing any part of the work and improvements which may arise out of negligent act, error or
omission in the performance of the Engineer's professional services or in the conduct or preparation of
evaluations, investigations, reports, surveys, designs, working drawings, specifications and other
engineering documents incorporated into any improvements constructed in accordance therewith. The
Engineer shall defend at its own expense any suits or other proceedings brought against the City and its
officers, agents, servants, and employees or any of them on account thereof, and shall pay all expenses and
satisfy all judgments which may be incurred by or rendered against the them or any of them, in connection
therewith, provided and except, however, that this indemnification provision shall not be construed as
requiring the Engineer to indemnify or hold the City or any of its officers, agents, servants, or employees
harmless from any loss, damages, liability or expense, on account of damage to property or injuries to
persons caused by defects or deficiencies in the design criteria and information furnished to Engineer by
City, or any deviation in the construction from the Engineer's designs, working drawings, specifications or
other engineering documents.
Without limiting the above indemnity, Engineer shall provide to City a Certificate of Insurance as
proof that the Engineer has obtained a policy of comprehensive general liability coverage(occurrence basis)
with carries acceptable to the City, covering all risks relating to the services to be performed under this
Agreement, by the Engineer, its subcontractors and subconsultants, such insurance to be in at least the
following amounts:
Bodily Injury Liability $250,000 Each Person
$500,000 Each Occurrence
Property Damage Liability $300,000 Each Occurrence
Contractual Bodily Injury Liability $250,000 Each Person
$500,000 Each Occurrence
Contractual Property Damage $300,000 Each Occurrence
The Engineer shall not commence work under this Agreement until it has obtained Professional
Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such
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insurance shall be in the minimum amount of $2,000,000 and shall include coverage of Contractually
Assumed Liability. The Insurance coverage prescribed herein shall be maintained until one (1) year after
City acceptance of the construction project and shall not be canceled without prior written notice to the
City. In this connection, upon signing and return of this Agreement by the Engineer, a Certificate of
Insurance shall be furnish to the City as evidence that the insurance coverage required herein has been
obtained by Engineer, and such certificate shall contain the provision that such insurance shall not be
canceled or modified without thirty(30) days prior written notice to the City. Engineer shall notify the City
within ten(10)days of any modification or alteration in such Professional Liability Insurance.
ARTICLE XIII
MiWBE COMPLIANCE
Upon request, Engineer agrees to provide to Owner complete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise
(WBE) on the Project and payment therefore. Engineer further agrees to permit an audit and/or
examination of any books, records or files in its possession that will substantiate the actual work performed
by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer will be grounds for termination of the Agreement and/or initiating
action under appropriate federal, state or local laws or ordinances relating to false statements; further, any
such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud will result in
the Engineer being determined to be irresponsible and barred from participating in City work for a period of
time of not less than three(3) years.
ARTICLE XIV
RIGHT TO AUDIT
Section 1. Engineer agrees that the City shall, until the expiration of three (3) years after
final payment under this Agreement, 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. The Engineer agrees that the City shall have access during normal working hours to all necessary
Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The City shall give the Engineer reasonable advance notice
of intended audits.
Section 2. Engineer further agrees to include in all its subcontracts hereunder a provision to
the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers and records of such subcontractor, involving transactions to the
subcontract, and further, that the City shall have access during normal working hours to all subcontractor
facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article. The City shall give the subcontractor reasonable advance
notice of intended audits.
Section 3. Engineer and subcontractor agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Engineer for the cost of the copies as follows:
(a). Fifty(50)Copies and Under-Ten(10)cents per page.
(b). More than fifty(50) copies-Eighty five(85)cents for the first page plus fifteen cents
for each page thereafter
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ART I C L E XV
AGE
In accordance with the policy ("Policy") of the Executive Branch of the Federal Government,
Engineer covenants that neither it nor any of its officers, members, agents, employees, engaged in
performing this Agreement, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age except on the basis of a bona fide occupational qualification,retirement
plan or statutory requirement.
Engineer further covenants that neither it nor its officers, members, agents, employees, or persons
acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this
Agreement, a maximum age limit for such employment unless the specified maximum age limit is based
upon a bona fide occupational qualification,retirement plan or statutory requirement.
Engineer warrants it will fully comply with the Policy and will defend, indemnify and hold City
harmless against any claims or allegations asserted by third parties or subconsultants against City arising out
of Engineer's and/or its subconsultants' alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this Agreement.
ARTICLE XVI
DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
Engineer warrants that it and all of its subconsultants will not unlawfully discriminate on the basis of
disability in the provision of services to the general public,nor in the availability, terms and/or conditions of
employment for applicants for employment with, or current employees of Engineer or any of its
subconsultants. Engineer warrants it will fully comply with ADA's provisions and any other applicable
federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against
any claims or allegations asserted by third parties or subconsultants against City arising out of Engineer's
and/or its subconsultant's alleged failure to comply with the above-referenced law concerning disability
discrimination in the performance of this Agreement.
ARTICLE XVII
VENUE-LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County,
Texas. This agreement shall be construed in accordance with the laws of the State of Texas.
ARTICLE XVIII
EXHIBITS
The following exhibits are made part of this Agreement:
Exhibit A—General Scope of Services
Exhibit A I —Supplemental Scope of Services
Exhibit B -Project Schedule
Exhibit C-Compensation
Exhibit D—Hourly Rate Schedule
Exhibit E—Task and Hour Summary
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IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be signed in
quintuplet in its name and on behalf,by its Assistant City Manager and attested by its City Secretary, with
the Corporate Seal affixed, and the Engineer also has properly executed this instrument in quadruplet copies
each of which is deemed an original.
EXECUTED in the City of Fort Worth,this day of A.D., 2002.
ATTEST CITY OF FORT WORTH
t
By: 6. By.
,/y-G ria Pearson Garyackso
/�{ City Secretary City Manager
APPROVAL RECOMMENDED: Camp esser McKee
By: B
Dale A.Fisseler, P.E. chard W. Sawey,P.E.,DE
Water Department Director Vice President
APPROVED AS O FORM AND LEGALITY:
By:
Gary Meinberger
Assistant City Attorney
Date:
` /V/
Contract Authorization
61 - Ll"0.1
Date
AP,I E'V G?EaPy
F2 ��TH
n)
EXHIBIT A
TO
AGREEMENT FOR ENGINERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC.
FOR
TRINITY RIVER SIPHON PROJECT
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 benwen 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 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's scope of services shall include six (6)test borings to an estimated depth of 40 feet
each. In the event it is determined necessary to make additional borings or excavate additional 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 additional
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.
Trinih,River-Exhibit A
A-I 4/25102
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 Engineer's 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 Agreement 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 lines 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 wastewater work,
and shall submit such evaluation in writing to the City as part of this phase of the Project.
Trinity River-Exhibit A
A-2 4/25/02
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 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, profiles and preliminary estimates of probable
construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit fifteen (15)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. 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.
Trinity River-Exhibit A A-3 4/25/02
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 City 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 City 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 City 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 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 full/part-time 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.
Tnmtv River-Exhibit A A-4 4/2$/02
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.
Trinih,River-Exhibit A
A-5 3/25/02
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
FOR
TRINITY RIVER SIPHON PROJECT
The following is a clarification of the tasks that the Engineer will perform under Exhibit "A". Work under
this Exhibit"A-1"includes engineering services for design of the new Trinity River Siphon system across
the Trinity River for the parallel 96-inch diameter sewer mains entering the Village Creek Wastewater
Treatment Plant(VCWWTP), including structural design of the upstream siphon flow proportioning
structure.
Upon receipt of Notice to Proceed, Engineer will conduct preliminary design studies, perform detailed
design,prepare construction Contract Documents, provide assistance during bidding and construction, and
coordinate design and construction sequencing with the Engineer's ongoing VCWWTP improvement
project. The work is separated into the following five phases:
■ System Evaluation and Preliminary Design Report
■ Preliminary Design
■ Final Design
■ Advertise and Bid
■ Construction Services
I. SYSTEM EVALUATION AND PRELIMINARY DESIGN REPORT
A. General
A.1 Engineer will conduct initial kickoff meeting with the City to introduce project team
members, establish protocol and lines of communication, gather all available documents
pertinent to the Project, and discuss Project scope and schedule.
CDM team members to be present include the project manager(PM),project engineers
(PE), and lead structural, electrical and instrumentation engineers. In addition,the lead
engineers for each of the major subconsultants will be present.
A.2 Engineer will coordinate meetings and required correspondence with the U.S. Corps of
Engineers in Fort Worth to discuss the Project and potential requirements by the Corps. It
is anticipated that the Trinity River Siphon Project falls under the U.S. Army Corps of
Engineers (USACE) Regional General Permit(RGP)to authorize work pursuant to
Section 404 of the Clean Water Act and Section 10 of the River and Harbors Act of 1899.
The Engineer's work includes preparation of the application for authorization under the
RGP (CESWF-99-RGP-2), but does not include services for a Section 404 Permit, which
may include an Environmental Assessment.
Trinity River Exhibit A-I EAl-1 4/25/02
A.3 Engineer will conduct an on-site upstream sewer system reconnaissance to evaluate the
existing sewer main siphon boxes and upstream splitter structures to verify conformance
with the Record Drawings and discuss concerns, operability and desired changes with the
plant operations staff. This subtask will include CDM's design engineers and
subconsultants as necessary.
A.4 Engineer will conduct a formal Technical Review Committee (TRC) meeting regarding
the Study/Pre-Design Phase Recommendations. TRC members will be senior members of
Engineer's staff who have not otherwise been involved in the Project. City staff shall also
be part of the TRC.
A.5 Engineer will hold one progress meeting during the Study/Pre-Design Phase with the City
staff to discuss aspects of the Project presently underway, project schedule, and upcoming
issues. This meeting will generally be about two hours duration and is not intended to be
a formal presentation. The appropriate CDM team members will attend the meeting to
discuss pertinent issues.
A.6 Project Management. Engineer will prepare a written project management plan which
outlines the project scope and protocol for conducting the project. This work plan will 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.
Engineer will track the budget and schedule on a weekly basis. Engineer will meet with
City's Project Manager monthly to update the schedule, progress of work, and potential
changes to the scope of work.
A.7 A Technical Memoranda(TM)will be prepared to present results of the various issues and
topics of the entire Study/Phase. It will outline the issues involved, alternatives
considered, include preliminary cost estimates, and make recommendations. Appropriate
graphics, charts, diagrams, and tables will supplement the text to provide a complete
working summary document. The TM document will not be formally printed and report
bound. Ten copies of the TM will be provided to the City.
In order for the Engineer to maintain his project schedule, the City shall revise and
respond in writing to all Technical Memoranda within 72 working hours of time such
papers are received by the City. Engineer shall respond to City's review comments and,
after agreement is reached, incorporate agreed upon changes into the final status paper.
B. Siphon System Design Analysis
B.1 Engineer in conjunction with City staff will establish the maximum allowable flow
through the Trinity River Siphon based on input from Village Creek Plant and Field
Operations Staff and present the proposed alternative(s) for limiting and/or controlling the
flow rate through the Siphon system. Prepare calculations for base hydraulics for dual 96-
inch mains in relation to base plant flow. The hydraulic calculations will take into account
the upstream backwater impact of the siphon on the dual 96-inch mains,junction
structures and the Walker Branch main.
Trinity River Exhibit A-1 EA 1-2 4,'25/02
B.2 Perform field investigation of upstream structures, including the Walker Branch Flow
Proportioning Structure and upstream manholes in conjunction with City staff. Collect
field data of water surface elevations and flow rates.
Based on the above information, the Engineer will determine the required size and
arrangement of the new siphon.
B.3 Engineer will evaluate alternatives for diversion of flow from the two existing 96-inch
mains for distribution to the two existing proposed siphon systems. Constructability and
maintenance of flow issues will be discussed in the evaluation. Costs associated with each
alterative will be presented.
B.4 Engineer will present operational flexibility related to the siphon system for feedback from
the City staff. System hydraulics will be summarized.
B.5 Preliminary permanent and temporary easement requirements will be presented for
discussion.
B.6 Engineer will perform aerial orthographic survey of proposed siphon location and portion
of the VCWWTP site imparted by the project. The scaled digital photograph will be used
as background in the construction drawings.
B.7 A Technical Memorandum will be prepared and distributed discussing the siphon system.
Preliminary plan views and sections will be presented depicting the upstream siphon
structure, proposed siphon system design,and tie-in downstream siphon box to be located
at VCWWTP.
C. Construction Sequencing and Coordination with VCWWTP Improvements
C.1 Engineer will present construction sequencing and coordination alternatives. Provisions
for maintenance of sewer main flows to the treatment plant during construction will be
summarized. Coordination of construction sequencing for the project with the ongoing
VCWWTP improvements project will be presented to the City.
C.2 A Technical Memorandum will be prepared and distributed discussing the construction
sequencing and coordination with VCWWTP improvements.
II. PRELIMINARY DESIGN PHASE
D.1 Engineer will perform design topographical surveying for the siphon project site. Engineer
will verify existing permanent control points and bench marks to USGS datum. The
survey work will be performed by Gorrondona&Associates, Inc.
D.2 Engineer will conduct geotechnical investigation for design of the siphon (6 soil borings).
The geotechnical work will be performed by Terra-Mar, Inc.
D.3 Engineer will prepare a preliminary cost estimate for the proposed Trinity River Siphon.
D.4 Engineer will prepare a preliminary set of drawings and outline specifications that
incorporate the items evaluated in the Study/Phase and present the proposed plan for the
siphon. Fifteen (15)copies will be submitted to the City.
Trinity River Exhibit A-1 EA 1-3 4/25/02
III. FINAL DESIGN PHASE
A. General
A.1 Engineer will perform TRC review of contract documents at the 60% complete stage and a
constructability review of completed documents.
A.2 Engineer will conduct monthly progress meetings during the Final Design Phase with City
Staff to review work completed to date,project schedule, and other issues. These
meetings will be approximately one hour in duration.
A.3 Engineer will perform project management duties through the design phase, including
tracking budget and schedule and meeting with the City's project manager on a monthly
basis for project updates.
B. Plans and Specifications
Engineer will prepare complete contract documents (plans and specifications) for use in bidding
and constructing the work.
Engineer will use City's standard General Conditions section of specifications and modify as
necessary in Supplementary Conditions to fit this project. Documents will include General and
Special Conditions, Bid Proposal Forms, Instructions to Bidders, and all other technical
specification sections generally considered to be necessary for defining the work and solicitation of
bids.
B.1 Engineer will provide City ten(10) sets of review documents at 60% and 90% completion.
B.2 Engineer will provide reduced size (11" x 17")drawings and specifications for bidding
purposes. Engineer will furnish ten(10)full size sets and twenty(20)reduced size (11" x
17")sets of all documents for City's use during construction.
B.3 Engineer will submit completed documents to the required agencies for review/approval
and respond to their comments.
C. Cost Estimate
C.1 Engineer will prepare opinions of probable project cost for the construction project based
upon 60% complete documents and the final documents.
IV. CONSTRUCTION PHASE
A. General
CDM anticipates providing Construction Management services for the VCWWTP improvements
project and anticipates the Siphon Project to be built concurrently. CDM will facilitate
coordination communications and project requirements between the construction contractors for
the Trinity River Siphon Project and VCWWTP Improvement Project.
A.1 Engineer will attend pre construction and construction progress meetings with City,
Construction Manager, and Contractor. Up to 8 meetings will be attended.
Trinity River Exhibit A-I EA 1-4 4/25/02
A.2 Engineer will make periodic visits to project site to observe the progress and quality of the
various aspects of the contractors' work. Up to 10 site visits will be made. Engineer will
participate in Substantial Completion and Final Completion inspections.
A.3 Engineer will perform project management related duties, similar to those in the previous
phases, throughout construction.
B. Bidding
B.1 Engineer will reproduce and distribute contract documents to prospective bidders and
vendors and maintain a log of distribution. For the siphon project, Engineer will provide
40 sets of half-size drawings and specifications for distribution. In addition, Engineer will
provide 30 sets of full size drawings for distribution.
B.2 Engineer will attend the pre-bid conference for the siphon construction project and
answer,by written Addenda, contractors' and suppliers' functional and technical questions
during bidding phase.
B.3 Engineer will 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 will attend bid opening,review bids,prepare bid tabulation,and assist with
recommendations for contract awards.
C. Submittal Review
C.1 Engineer will perform technical and functional review of all shop drawings and other
submittals.
C.2 Engineer will respond to all RFIs. CDM will respond to simple clarification type
questions and will provide copies of responses to Engineer.
C.3 Engineer will review and comment on all Change Order requests and initiate Change
Order requests when appropriate.
CA Engineer will log-in, track, and distribute submittals to the various disciplines and
subconsultants.
D. Startup and Warranty Period
D.1 Engineer will provide up to 24 hours of assistance during construction phasing required to
bring the siphon online.
D.2 Engineer will 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 and related
matters, and advise on possible solutions and actions to be undertaken by the City.
D.3 Engineer will perform project management related duties, similar to those in the previous
phases, throughout the Startup and Warranty Period.
Trinity River Exhibit A-l EA 1-5 4/25/02
E. Record Drawings
E.1 Engineer will prepare Record Drawings using Contractor's and CDM's field plans as a
basis for making changes. The Record Drawings will be produced on AutoCad files.
E.2 The AutoCad files for the Record Drawings will be delivered to the City on computer
diskette. In addition, one set of mylar reproducible drawings will be provided to the City.
V. SCHEDULE
A. The City and the Engineer recognize the need to complete the Pre-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"B". Engineer
will generally follow this schedule so as to complete the Pre-Design and Design Phases of the
project by November 11, 2002.
END OF EXHIBIT "A-1"
Trinity River Exhibit A-1 EA 1-6 4,'25/02
EXHIBIT B
TO AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF FORT WORTH AND CAMP, DRESSER, & MCKEE,
INC.
FOR
THE TRINITY RIVER SIPHON PROJECT
SCHEDULE'
• Award of Contract June 2002
• Study Phase June 2002 —August 2002
• Deliver Study Phase Memorandum August 19,2002
• Review Meeting August 26, 2002
• Submit Section 10 USACOE Permit App. September 9, 2002
• Deliver Preliminary Design Documents September 23, 2002
• Review Meeting October 7, 2002
• Deliver Final for Review Documents October 28, 2002
• Review Meeting November 4, 2002
• Advertise Project November 11, 2002
• Open Bids December 16, 2002
• Begin Construction March 2003
• Complete Construction December 2003
All dates are given as"the week of..."
EXHIBIT C
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC.
FOR
THE TRINITY RIVER SIPHON PROJJECT
COMPENSATION
I. BASIC ENGINEERING SERVICES
For engineering services provided under Exhibit "A-1", the CITY shall pay the ENGINEER
on a Salary Cost Method an amount not to exceed $299,629.00, 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 2.35 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 percent for all costs other than salary costs that are incurred pursuant to this
Agreement, but which are not normally included as part of the ENGINEER's
overhead. These costs include, but are not limited to: air fare, automobile rental,
mileage charges, parking,tolls, taxi, meals, lodging, telephone, printing and
reproduction costs,computers and word processors,postage and mailing costs, and
other miscellaneous costs incurred specifically for this project.
C. Subconsultant Services. For all subconsultant services the ENGINEER shall be
compensated at his actual subconsultant cost plus 10 percent.
Trinity River Siphon EXHIBIT C C-1 425/2002
II. ADDITIONAL SERVICES
A. For Additional Services provided outside the scope defined in 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. INVOICE AND PAYMENT PROCEDURES
A. Invoice and payment procedures shall be in accordance with Article III of the
Agreement and Paragraph B below.
B. 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 and
Other Incidental Direct Costs work performed during the period covered by said
invoice. Each invoice shall be verified as to its accuracy and compliance with the
terms of this Agreement by the ENGINEER's Project Manager. Payment according
to statements will be subject to certification by the Director of Engineering or his
duly authorized representative that such work has been performed.
END OF EXHIBIT C
Trinity River Siphon EXHIBIT C C-2 4/25/2002
EXHIBIT D
TO
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF
FORT WORTH AND CAMP, DRESSER, & MCKEE, INC, FOR TRINITY
RIVER SIPHON PROJECT
SCHEDULE OF HOURLY BILLING RATES
HOURLY
CATEGORIES RATES
PROFESSIONAL SERVICES:
OFFICER $ 210.00
SENIOR PROFESSIONAL $ 180.00
PROFESSIONAL II $ 130.00
PROFESSIONAL I $ 80.00
PROFESSIONAL SUPPORT SERVICES
SENIOR SUPPORT SERVICES $ 85.00
STAFF SUPPORT SERVICES $ 70.00
PROJECT SUPPORT SERVICES
PROJECT ADMINISTRATION $ 50.00
All subconsultant and other project related expenses are subject to a
minimum handling/administrative charge of 10%.
EHXHIBIT E
Task and hour Summary
City of Fort Worth
Trinity River Siphon Project
BASIC SERVICES
CO PM OC S—.M SO-1 CAD SItw.1 Ad r Sai En r.Ste En SwvTwh Drdtw Adan
100 Ph—I-Sy—Evduak, 0 0 0 0 0 0 0 0 0 0 0 0 0
101 klltd ark Plw6iq 28 0 2 01
0 2 3 0 9 0
102 M-.U...6 7 0 0 0 0 1 0 0 0 0 0
103 DdS CdbA..1dRdd k."020- 61 0 3 2 0 0 0 0
104 NtdYe MOd-i t#+4kSwn SO—ww PAPOt ICS a 11°! 18 3 0 1 K 40 121 16 40 0
w
105 RaM Mnev W CNy 20 1 4 0 0 0 0 4 4 0 0 4 0
'
201 Mw V—k 3 5 1 4 0 0 0 0 0 0 0 0 0 2 5
202 Mom Pred.Wp 357 1 34 5 65 u is 60 28 80 16 6 0
203 Rw11w M�lkp Id Cay 20 4 4 4 0 0 0 4 0 0 0 4 0
27 as 12 4 102 319 0 39 1
301 MwmeOwnmt 135 3 Sr 0 0 0 0 0 0 0 0 0 25
302 Soh.D.0 605 10 86 19 97 0 0 100 50 315 0 16 0
r
3n3 City R&A— a6 4 Is a a 12 4 2 a 4 a 20 0
401Furnish Bid D—t, 53 0 3 0 3 0 0 0 3 32 4 8 0
402 Bid S-6— 99 0 34 2 a 4 3 6 4 6 0 30 0
501 Cmsiructm Services 187 4 B6 2 12 0 6 61 0
502 Prdsl CL44oA 51 2 a 0 2 0 03 08 60 00 .1 6 4
TOLL DAM EFFORTS 2091 45 449 59 202 60 27 229 147 568 65 235 9
$9,360 $57,02 $7,562 $29,068 $5.760 $1.299 50.632 $11.760 $46.200 64224 510.526 $SII
KWIC SERVICES-EXPENSE COSTS
REM ITEM DESCRIPTION - UNIT CITY AMT
1 Postage 6 Freight LS $ 125 125
7 Phorte LS S 50 50
3 ReproduClOn(MWBE) LS, $ 2,450 2,450
1 Mileage 0.385 Lrrnb 500 160
5 T." LS S 2,450 2,450
6 Geotech(6 h01eS at 40 fl)(MWBE) S40 $ 240 9,600
7 Aerial PhOlas(MWBE) LS 5 3,650 3,650
0 Su MRV $ 6,000 61000
RDawTotals 700% $
0 24.505
9 Expense Markup
2,451
TOTAL DIRECT EXPENSES $26,951 50 Basic Services Total - $257,2S3.10
SPECIAL SERVICES
SPECIAL SERVICES TOTALS 60 6 16 4 0 0 0 4 4 12 0 12 0
$6.67].60
$1664 S2.046 $512 50 so $0 $832 $.320 $960 50 5536 50
SPECIAL SERVICES-EXPENSES
REM ITEM DESCRIPTION UNIT UNIT QTY AMT
1 Postage 5 Freight LS $ 30 30
2 Ph, L9 $ 50 50
3 Reproduction(MVII LS S 1,025 1,025
4 Mileage 0.365 S/mNe 192 70
5 Perritittirrig Assistance(NIVI Ls $ 31,100 31,100
Raw Totals 32,275
5 Dkect nse Markup10.0% $ 0 3,226
TOTAL DIRER EXPENSES $35,5-0-2-N-1 ISpecial Ssrlvices Total - $42,376.19
T TAL EFFORTS $21111,629
MAYBE PARTICIPATION
1 Reproducmn(MWBE) Trevkn $3,475 1.2%
2 Geotech(6 hoes al 40 ft)(MWBE) T4nwnr $9.600 3.2%
3Aerial PhMn(MWBE) ADS $3.650 1.2%
4 Surveyig(MWBE) OerrerlderSn 58,000 2.0%
5 USAGE Pwm1 A4ablwc4 MWBE TWm $31,100 10.4%
TOTAL MWBE PARTICIPATION $53,825 18.0%
SWw6atWapeed042302 CDM
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5!7!02 **C-19076 60CAMP 1 of 2
SUBJECT EXECUTE A CONTRACT WITH CAMP DRESSER & MCKEE, INC. TO CONDUCT A
WHOLESALE WATER RATE STUDY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Camp
Dresser & McKee, Inc. in an amount not to exceed $96,000 to conduct a study for wholesale water rates.
DISCUSSION:
The uniform wholesale water contracts presently in effect between the City and wholesale customers
require annual rate revisions with an extensive cost of service study to be performed by a consultant
every three years.
By contract, the wholesale customers provide the City with the names of qualified firms and the City
selects a firm. Through an evaluation process, which included involvement of representatives from the
wholesale customers, it was recommended that Camp Dresser & McKee, Inc. be retained to perform
the cost of service study for the FY2002-2003 wholesale water rates.
Camp Dresser & McKee, Inc. has significant background in rate development and is capable of meeting
time schedules established in the wholesale contracts. Under the proposed study, Camp Dresser &
McKee, Inc. will:
• Review and analyze "test year" data;
• Establish revenue requirement;
• Allocate costs of service to customer classes;
• Design water rates;
• Conduct periodic status meetings with the Wholesale Water Advisory Committee and City staff; and
• Update the rate model and user manual.
M/WBE - Camp Dresser & McKee, Inc. is in compliance with the City's M/WBE Ordinance by
committing to 29% M/WBE participation. The City's goal on this project is 10%.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/7/02 **C-19076 60CAMP 2 of 2
SUBJECT EXECUTE A CONTRACT WITH CAMP DRESSER & MCKEE, INC. TO CONDUCT A
WHOLESALE WATER RATE STUDY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Water and Sewer Fund.
BG:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgehe Garratt(A ctmg) 6140
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 05/07/02
PE45 539120 0609010 $96,000.00
Additional Information Contact:
Dale Fisseler 8207