Re: Agreement for Hydraulic Analysis for 30-Inch Turtle Creek Sewer Interceptor

Transcription

1 August 15, 2012 Bud Smallwood, P.E. Meran Dadgostar, P.E., R.S. Public Works Director Town Engineer City of University Park, Texas Town of Highland Park, Texas 3800 University Blvd MacArthur Ave., Suite 265B University Park, Texas Highland Park, Texas Re: Agreement for Hydraulic Analysis for 30-Inch Turtle Creek Sewer Interceptor Dear Mr. Smallwood and Mr. Dadgostar: In response to our meeting with you on July 18, 2012 regarding the issues the City of University Park and the Town of Highland Park are experiencing with the 30-inch Turtle Creek sewer interceptor, we are pleased to submit this proposal for providing professional engineering services to the City of University Park and the Town of Highland Park. We understand that this is a joint project for the City of University Park and the Town of Highland Park, but that our contract will be with the City of University Park. Specifically, we propose to provide the following Scope of Services: SCOPE OF SERVICES Project Intent: The City of University Park and the Town of Highland Park share a 30-inch sanitary sewer interceptor in Turtle Creek. The interceptor and associated siphons were originally constructed in the 1930s and flow from this interceptor is received by Dallas Water Utilities (DWU) through a meter south of Wycliff Avenue. The interceptor has historically experienced sanitary sewer overflows (SSOs) immediately upstream of the siphon on Armstrong Avenue during rain events. This scope of work will consist of a review of permanent flow meter data (for both the City and Town) and drainage basin contributing areas to develop wastewater flow assumptions for the interceptor. This analysis will consist of developing projected flows for each individual wastewater line in Highland Park and University Park that contributes to the 30-inch Turtle Creek interceptor by defining the contributing subbasin area and calculating resulting wastewater flows. This scope of services will also consist of development of an InfoWorks CS sanitary sewer model of the Turtle Creek interceptor and contributing sub-basins from McFarlin Avenue to the DWU Point of Entry. Recent survey data collected by C&P Engineering will be utilized for model development. The model will be calibrated to a historical wet weather event, develop a hydraulic grade profile for existing conditions, and used to evaluate improvement alternatives to reduce the potential for SSOs. The assumptions, analysis, and recommendations will be summarized in a technical report.

2 Page 2 Our proposed schedule for this effort is 90 calendar days from Notice to Proceed. Every effort will be made to complete these services in a timely manner, as we know the importance of this project to the City and the Town. We believe that the meetings outlined in the Scope of Services will be necessary to ensure adequate communication and buy-in from all stakeholders. However, we have structured this proposal as a not-to-exceed contract so that if, during the course of the project, it is determined that one or more of the progress meetings are not necessary, the City and Town will not be charged for these meetings. In addition, meetings will be attended only by necessary FNI personnel and will be productive in nature consisting of necessary project interaction, presentation and discussion of results, input from all stakeholders, decision-making, and determination of a path forward. 1. Project Kick-Off Meeting: Freese and Nichols, Inc. (FNI) will meet with the Town of Highland Park (Town) and the City of University Park (City) to review project goals, scope, team, schedule, and data requirements. 2. Data Collection and Review: FNI will compile and review information from the Town and City related to the 30-inch Turtle Creek sewer line including GIS files, drawings, flow data, CCTV data, previous reports, survey data collected by C&P Engineering, and any other pertinent data. 3. Review Permanent Flow Metering Data and Develop Wastewater Flows: FNI will review webbased wastewater flow data for the four permanent flow meters to develop typical average dry weather and peak wet weather wastewater flows. FNI will use available data to identify contributing areas and quantify infiltration and inflow allowances and flows from wastewater lines that flow into the 30-inch turtle Creek interceptor. FNI will develop weekday and weekend diurnal patterns. 4. Construct Model of 30-inch line and Contributing Sub-basins: FNI will construct a hydraulic model of the 30-inch Turtle Creek sewer line in InfoWorks CS software (by Innovyze) using GIS mapping, survey data, as-built drawings, schematics, and other available data. Flow from contributing sub-basins and entry points along the 30-inch line will be represented in the model. Wastewater lines, siphons, manholes, and other structures will be included in the model. FNI will perform a one-day site visit to view the configuration and layout of critical structures on the 30- inch Turtle Creek sewer line. 5. Coordination meeting with Dallas Water Utilities (DWU): FNI will attend one coordination meeting with DWU to collect data and discuss assumptions related to the HGL/flows at the DWU connection point and planned downstream improvements. 6. Calibrate InfoWorks CS Model to Existing Conditions: FNI will calibrate the InfoWorks CS model to a selected recent rainfall event using on-line flow metering and rainfall gage data by comparing model output to recorded values for flow, depth, and velocity. 7. Progress Meeting Wastewater Flows and Model Calibration: FNI will meet with the Town and City to review wastewater flows and model calibration. 8. Hydraulic Analysis for Existing Dry Weather and Peak Wet Weather Flow Conditions: FNI will run the InfoWorks model under existing dry weather and wet weather flow conditions for a 5-year 6-hour design storm to develop HGL profiles of the 30-inch Turtle Creek sewer interceptor. FNI will review model output to identify areas where the HGL may be higher than the ground elevation, indicating a potential capacity restriction. FNI will develop an HGL profile graph and mapping.

3 Page 3 9. Evaluate Improvement Alternatives: FNI will utilize the InfoWorks CS model to evaluate up to three (3) separate improvement alternatives to address problem areas and improve the hydraulic capacity of the 30-inch Turtle Creek interceptor. Improvement alternatives will provide the necessary capacity to handle flows from a 5-year 6-hour storm event with no overflows. The improvement alternative will be evaluated with and without planned downstream improvements in DWU s system. 10. Progress Meeting Hydraulic Analysis and Improvement Alternatives: FNI will meet with the Town and City to review the results of the hydraulic modeling and improvement alternatives analysis. 11. Develop Cost Estimates: FNI will develop planning level cost estimates for the three improvements alternatives including construction, contingency, and engineering/survey costs. 12. Develop Draft Report: FNI will develop a draft report that summarizes the assumptions, methodology, results, and recommendation of the hydraulic analysis. FNI will submit the draft report in electronic PDF format. 13. Progress Meeting Review Draft Report: FNI will meet with the Town and City to review the draft report and solicit comments from Town and City staff. 14. Develop Final Report: FNI will incorporate Town and City comments and finalize the report. FNI will deliver an electronic PDF copy and ten (10) hard copies of the report. ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, shall be computed based on a negotiated fee. TIME OF COMPLETION FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services within 90 calendar days of Notice to Proceed. If FNI s services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. RESPONSIBILITIES OF CLIENT Client will perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as Client s representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define Client s policies and decisions with respect to FNI s services for the Project. B. Assist FNI by placing at FNI s disposal all available information pertinent to the Project including previous reports and any other data relative to the Project.

4 Page 4 C. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. E. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as Client may require or FNI may reasonably request with regard to legal issues pertaining to the Project. DESIGNATED REPRESENTATIVES FNI and CLIENT designate the following representatives: CITY s Designated Representative: Bud Smallwood, P.E., 3800 University Blvd, University Park, Texas 75205; Phone ; bsmallwood@uptexas.org CITY s Accounting Representative: FNI s Designated Representative: Scott Cole, P.E., 1701 N. Market St., Suite 500, Dallas, Texas, 75202; Phone ; Fax ; sac@freese.com FNI s Accounting Representative: Jana Collier, 4055 International Plaza, Ste. 200, Fort Worth, Texas 76109; Phone ; Fax ; jvc@freese.com COMPENSATION FNI proposes to furnish our services as described herein in accordance with Attachment CO, Compensation. The total fee for Basic Services shall be computed on the basis of Attachment CO but shall be a not-to-exceed fee of: Project Kick-Off Meeting (Task 1): $ 1,300 Data Collection and Review (Task 2): $ 3,200 Review Metering Data and Develop Flows (Task 3): $ 5,700 Construct Model (Task 4): $ 9,400 Meeting with Dallas Water Utilities (DWU) (Task 5): $ 1,300 Calibrate InfoWorks CS Model (Task 6): $ 6,800 Progress Meeting Flows and Calibration (Task 7): $ 1,300 Hydraulic Analysis (Task 8): $ 7,900 Evaluate Improvement Alternatives (Task 9): $11,000 Progress Meeting Improvement Alternatives (Task 10): $ 1,300 Develop Cost Estimates (Task 11): $ 4,400 Develop Draft Report (Task 12): $ 5,900 Progress Meeting Review Draft Report (Task 13): $ 1,300 Develop Final Report (Task 14): $ 4,200 Total Fee Not to Exceed: $65,000

5 Page 5 If FNI sees the Scope of Services changing so that additional services are needed, FNI will notify the City s representative for approval before proceeding. Additional services shall be computed based on the Schedule of Charges found in Attachment CO. Payment of the services shall be due and payable upon submission of a statement for services. Statements for services shall not be submitted more frequently than monthly. TERMS AND CONDITIONS OF AGREEMENT We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and Conditions of Agreement". We appreciate this opportunity to submit this proposal. If additional information or clarification is desired, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files. Yours very truly, FREESE AND NICHOLS, INC. Approved: City of University Park Brian Coltharp, P.E. Principal By: Name: Print or Type Scott Cole, P.E. Principal Title: Date: L:\Resources\cbs\U\University Park\Hyland Park Hydraulic Analysis Turtle Crk\Let Agree

6 COMPENSATION ATTACHMENT CO Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed Sixty Five Thousand Dollars ($65,000.00). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charges: Position PRINICIPAL GROUP MANAGER ENGINEER VIII ENGINEER VII ENGINEER VI ENGINEER V ENGINEER IV ENGINEER III ENGINEER II ENGINEER I ELECTRICAL ENGINEER VI ELECTRICAL ENGINEER V ELECTRICAL ENGINEER IV ELECTRICAL ENGINEER III ELECTRICAL ENGINEER II ELECTRICAL ENGINEER I MECHANICAL ENGINEER VI MECHANICAL ENGINEER V MECHANICAL ENGINEER IV MECHANICAL ENGINEER III MECHANICAL ENGINEER II MECHANICAL ENGINEER I PROGRAM MANAGER II PROGRAM MANAGER I CONSTRUCTION CONTRACT ADMIN III CONSTRUCTION CONTRACT ADMIN II CONSTRUCTION CONTRACT ADMIN I CONSTRUCTION MANAGER V CONSTRUCTION MANAGER IV CONSTRUCTION MANAGER III CONSTRUCTION MANAGER II CONSTRUCTION MANAGER I Min Max Position Min Max D VISUALIZATION COORDINATOR O&G ENGINEER VI O&G ENGINEER V O&G ENGINEER II O&G ENGINEER - TRANSITION ENVIRONMENTAL SCIENTIST VII ENVIRONMENTAL SCIENTIST VI ENVIRONMENTAL SCIENTIST V ENVIRONMENTAL SCIENTIST IV ENVIRONMENTAL SCIENTIST III ENVIRONMENTAL SCIENTIST II ENVIRONMENTAL SCIENTIST I ARCHITECT VI ARCHITECT V ARCHITECT IV ARCHITECT III ARCHITECT II ARCHITECT I LANDSCAPE ARCHITECT V LANDSCAPE ARCHITECT INTERN II LANDSCAPE ARCHITECT INTERN I PLANNER VII PLANNER VI PLANNER V PLANNER IV PLANNER III PLANNER II PLANNER I HYDROLOGIST VI HYDROLOGIST V HYDROLOGIST IV HYDROLOGIST III DOCUMENT CONTROL SPECIALIST II HYDROLOGIST II DOCUMENT CONTROL SPECIALIST SR DESIGNER DESIGNER II DESIGNER I SR CADD DESIGNER CADD DESIGNER TECHNICIAN IV TECHNICIAN III TECHNICIAN II TECHNICIAN I GIS ANALYST V GIS ANALYST IV GIS ANALYST III GIS ANALYST II GIS ANALYST I SENIOR GEOLOGIST GEOTECHNICAL ENGINEER VI RIGHT OF WAY AGENT PUBLIC INVOLVEMENT COORDINATOR WORD PROCESSING/SECRETARIAL OPERATIONS ANALYST CONTRACT ADMINISTRATOR PROJECT CONTROL SPECIALIST INFORMATION SERVICES CLERK III INFORMATION SERVICES CLERK II INFORMATION SERVICES CLERK I CO-OP The ranges and individual salaries will be adjusted annually. RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter Print Shop PC CAD Stations $10.00 per hr. Bond $2.50 per plot Color Copies & Printing $0.50 per single side copy Other $5.00 per plot $1.00 per double side copy Color $5.75 per plot Black & White Copies & Printing $0.10 per single side copy Testing Apparatus $0.20 per double side copy Density Meter $ per month Gas Detection $20.00 per test Binding $5.75 per book OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-fni employees and CAD services performed In-house by non-fni employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. ggp0360:3/7/2012 FNI OWNER

7 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the City of University Park, Texas. The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers' Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability (Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Page 1of 2 FNI OWNER

8 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI s experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges. 13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict. Page 2of 2 FNI OWNER