HomeMy WebLinkAboutContract 33664 COMMUNITY FA ILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, One SR, L.P., Sendera Ranch, Ltd., and Two SR L.P. , hereinafter
called "Developer", desires to make certain improvements to Sendera Ranch and
Sendera Ranch East , an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant, Wise, and Denton Counties, Texas, hereinafter called "City", to
do certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through _Mehrdad Moayedi`, its duly
authorized Manager and President , and the City, acting herein by and through Marc
Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants
and conditions contained herein, do hereby agree as follows:
I. General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated
March 2001, approved by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Contract as if copy
herein verbatim. Developer agrees to comply with all provisions of said
Policy in the performance of its duties and obligations hereunder.
B. The requirements of the Policy shall govern this Community Facilities
Agreement, provided, however, that any conflict between the terms of this
Community Facilities Agreement and the Policy shall be resolved in favor
of this Agreement.
C. Developer shall provide financial security in conformance with paragraph
6, Section II, of the Policy.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of they,, y t �; �+1r�y?lu
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA
Revised Form per Legal December 2004
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06-26-06 A03 :48 IN �" '
F. The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify, hold harmless and defend the City, its officers,
agents and employees from all suits, actions or claims of any character,
whether real or asserted, brought for or on account of any injuries or
damages sustained by any persons (including death) or to any property,
resulting from or in connection with the construction, design, performance
or completion of any work to be performed by said Developer, his
contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account
of any act, intentional or otherwise, neglect or misconduct of said
DEVELOPER, his contractors, sub-contractors, officers, agents or
employees, whether or not such injuries, death or damages are caused,
in whole or in part, by the alleged ne"ligence of the City of Fort Worth,
its officers, servants, or employees.
G. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
H. In the event that City participation exceeds $25,000, Developer agrees that
no street construction or storm drainage will begin prior to City Council
approval of this Community Facilities Agreement. (Article 104.100,
Ordinance 7234).
I. Developer agrees that no lot shall be occupied under a certificate of
occupancy until the improvements required herein have been constructed
(Article 104.100, Ordinance 7234).
J. Developer hereby releases and agrees to indemnify and hold the City
harmless for any inadequacies in the preliminary plans, specifications and
cost estimates supplied by the Developer for this contract.
K. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to construct
current and future improvements provided for in this agreement.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA
Revised Form per Legal December 2004
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42" Water Line, Pump Station and Storage Tank (Exhibit A attached);
36"/24"Water Line (Exhibit B attached).
M. City shall not be responsible for any costs that may be incurred by
Developer in the relocation of any utilities that are or may be in conflict
with any of the community facilities to be installed hereunder.
II. Water Facilities
Developer shall design and install the proposed water line(s), fire line(s) and/or
meters as shown on Exhibits A and B, of which the estimated engineering and
surveying cost is $1,579,843.00 , and the estimated construction cost is
$16,747,671.00. The City agrees to record the location of each said service line in
respect to the corner of the lot served, and to retain said records in its possession.
The Developer and the City shall share in the cost of the water improvements as
follows:
WATER FACILITES (ENGINEERING ONLI�
Est. Sendera Estimated City Estimated Total
Developer Cost Cost Cost
Pump Station $ 270,665 $ 230,566 $ 501,231
Ground Storage Tank $ 36,909 $ 31,441 $ 68,350
42"Transmission Main $ 99,068 $ 526,802 $ 625,870
36"/24"Distribution Main $ 175,012 $ 97,586 $ 272,598
Easements* $ -0- $ -0- $ -0-
Sub-Total Water $ 581,654 $ 886,395 $ 1,468,049
Other CFAs** $ 111,794
Total Engineering Contract $ 1,579,843
* Onsite Easements to be dedicated by the Developer, offsite Easements to be obtained
by the City.
** Participation in accordance with Community Facilities Agreement (City of Fort
Worth City Secretary Contract #24319) between the Hillwood Development
Company and the City of Fort Worth.
The Costs sated herein may be based upon construction estimates rather than
actual cost. The final cost to the Developer and City shall be based upon the
breakdown and agreements between the Developer and City as outlines in the
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA �%' 1� ` ! �Uj I.a�
Revised Form er Le al December 2004 ^' � 'E'
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Design and Survey Fees (Exhibit C attached) and the Breakdown Summary(Exhibit D
attached).
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA v�c�ar r,lp 5gjt`n��
Revised Form per Legal December 2004 V'u L �1 L>► 5�iti
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IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager,
attested by its City Secretary,with the corporate seal of the City affixed, and sai Developer
has executed this instrument in quadruplicate,at Fort Worth, Texas this the �71day of
201
Approval Recommended:
Water Department
-VS. Frank Crumb
Director
ATTEST:
City O Worth
City Secretary Assistant City Manager
Marty Hendrix Marc A. Ott
Approv s to Form:
Contract Author). tioit
Assistant lty ttorney at _`
Date
ATTEST:
Corporate Secretary
1 t ��h+JS 1: C:7`J 'J
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA
Revised Form per Legal December 2004
G:\job\013347\corresp\ 9
DEVELOPER FOR SENDERA RANCH:
One SR, L.P. Sendera Ranch, Ltd.
By: Centamtar Terras, L.L.C., its general By: Pars Investments, Inc., sole general
partner partner
By: _ By:
Mehrdad Moaye i, Manager Mehrdad Moayedi, President
DEVELOPER FOR SENDERA RANCH EAST:
Two SR, L.P.
By: Centamtar Terras, L.L.C., sole general partner
By:
Mehrdad MoayedrT4anager
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA it
Revised Form erLegal December 2004 4
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EXHIBIT "C"
DESIGN AND SURVEY FEES
I. PUMP STATION &GROUND STORAGE TANK
BASIC SERVICES FIRM FEES %
PROVIDING
BASIC SERVICES (TSPE CURVE "A")
Construction Documents
Const Cost=$7,127,867 x 6.2% $441,928 77.6%
Includes:
Architectural 6 $70,000
Plumbing/ HVAC 6 $22,000
Elect./ Instrumentation 6 $73,000
Construction Administration 6 $40,000
Civil/Mechanical 1 $236,928
Subtotal $441,928 77.6%
SPECIAL SERVICES
Project Coordination 1 $25,000 4.4%
Platting & Platting Fees 1 $5,000 0.9%
Design Surveying 1 $5,000 0.9%
Geotechnical Investigation 2 $11,103 1.9%
Cathodic Protection 3 $12,400 2.2%
Surge Analysis 4 $15,000 2.6%
Technical Oversight 5 $18,000 3.2%
Storm Water Pollution Prevention Plans 1 $5,000 0.9%
10% Sub Markup 1 $26,150 4.6%
Expenses 1 $5,000 0.9%
Subtotal $127,653 22.4%
TOTAL OF ITEM 1 $569,581 100.0%
FIRMS
1 Carter& Burgess, Inc-Prime
2 MasTek Engineering -Geotechnical (M/WBE)
3 ELK Engineering -Cathodic Protection
4 Advantica -Surge Analysis
5 Chiang, Patel &Yerby-Technical Review(M/WBE)
6 Multatech -Arch./Plumbing/HVAC/Electrical/Instrumentation (M/WBE)
II. 42-INCH WATER TRANSMISSION MAIN
BASIC SERVICES FIRM FEES %
PROVIDING
BASIC SERVICES (TSPE CURVE °°B°°)
Construction Documents
Const Cost=$7,155,009 x 5.2% 1 $372,060 50.4%
Subtotal $372,060 50.4%
SPECIAL SERVICES
Project Coordination 1 $30,000 4.1%
Routing Study 1 $30,000 4.1%
Design Surveying 1 $129,774 17.6%
Easement Preparation 1 $15,000 2.0%
Geotechnical Investigation 2 $31,976 4.3%
Cathodic Protection 3 $21,960 3.0%
Surge Analysis 4 $15,000 2.0%
Permitting 1 $45,000 6.1%
Storm Water Pollution Prevention Plans 1 $15,000 2.0%
Traffic Control Plans 1 $15,000 2.0%
10% Sub Markup 1 $6,894 0.9%
Expenses 1 $10,000 1.4%
Subtotal $365,604 49.6%
TOTAL OF ITEM II $737,664 100.0%
FIRMS
1 Carter& Burgess, Inc-Prime
2 MasTek Engineering - Geotechnical (M/WBE)
3 ELK Engineering-Cathodic Protection
4 Advantica-Surge Analysis
9 °
III. 36-INCH &24-INCH WATER TRANSMISSION MAIN
BASIC SERVICES FIRM FEES %
PROVIDING
BASIC SERVICES (TSPE CURVE "B")
Construction Documents
Const Cost=$2,464,795 x 5.4% 1 $133,099 48.8%
Subtotal $133,099 48.8%
SPECIAL SERVICES
Project Coordination 1 $10,000 3.7%
Routing Study 1 $10,000 3.7%
Design Surveying 1 $50,426 18.5%
Easement Preparation 1 $5,000 1.8%
Geotechnical Investigation 2 $12,435 4.6%
Cathodic Protection 3 $8,540 3.1%
Surge Analysis 4 $10,000 3.7%
Permitting 1 $15,000 5.5%
Storm Water Pollution Prevention Plans 1 $5,000 1.8%
Traffic Control Plans 1 $5,000 1.8%
10% Sub Markup 1 $3,098 1.1%
Expenses 1 $5,000 1.8%
Subtotal $139,499 51.2%
TOTAL OF ITEM III $272,598 100.0%
FIRMS
1 Carter& Burgess, Inc- Prime
2 MasTek Engineering-Geotechnical (M/WBE)
3 ELK Engineering-Cathodic Protection
4 Advantica -Surge Ananysis
IV. FEE SUMMARY FEES
BASIC SERVICES $947,087
SPECIAL SERVICES $632,755
GRAND TOTAL $1,579,842
EXHIBIT D
NORTHSIDE 11, III & IV
WATER SYSTEM IMPROVEMENTS
OPINION OF PROBABLE COST
SUMMARY OF PARTICIPATION
32 MGD Pump Station
Percentage of
Construction Construction Percentage of
Cost Cost Engineering Engineering Total Cost
Sendera Ranch $1,331,188 24% $120,296 24% $1,451,484
Sendera Ranch East $1,663,985 30% $150,369 30% $1,814,354
Hillwood $0 0% $0 0% $0
City of Fort Worth $2,551,444 46% $230,566 46% $2,782,010
Total $5,546,617 100% $501,231 100% $6,047,848
5.0 MGD Ground Storage Tank
Percentage of
Construction Construction Percentage of
Cost Cost Engineering Engineering Total Cost
Sendera Ranch $379,500 24% $16,404 24% $395,904
Sendera Ranch East $474,375 30% $20,505 30% $494,880
Hillwood $0 0% $0 0% $0
City of Fort Worth $727,375 46% $31,441 46% $758,816
Total $1,581,250 100% $68,350 100% $1,649,600
42-Inch Waterline
Percentage of
Construction Construction Percentage of
Cost Cost Engineering Engineering Total Cost
Sendera Ranch $0 0% $0 0% $0
Sendera Ranch East $960,917 13% $99,068 13% $1,059,985
Hillwood $1,084,350 J 15% $111,794 15% $1,196,144
City of Fort Worth $5,109,742 72% $526,802 72% $5,636,544
Total $7,155,009 100% $737,664 100% $7,892,573
36-Inch &24-Inch Waterline
Percentage of
Construction Construction Percentage of
Cost Cost Engineering Engineering Total Cost
Sendera Ranch $0 0% $0 0% $0
Sendera Ranch East $1,563,413 63% $175,012 64% $1,738,425
Hillwood $0 0% $0 0% $0
City of Fort Worth $901,382 37% $97,586 36% $998,968
Total $2,464,795 100% $272,598 100% $2,737,393
Overall Total $16,747,671 $1,579,843 $18,327,514
Sendera Ranch $1,847,388
Sendera Ranch East $5,107,645
Hillwood $1,196,144
City of Fort Worth $10,176,338
Exhibit D-1
NORTHSIDE II, III & IV
WATER SYSTEM IMPROVEMENTS
OPINION OF PROBABLE COST
SUMMARY OF CONSTRUCTION COSTS
32 MGD PUMP STATION
Pump Station 1 Lump Sum @ $5,546,617
Engineering $501,231
5.0 MG GROUND STORAGE TANK
Storage Tank 1 Lump Sum @ $1,581,250
Engineering $68,350--
42-INCH WATERLINE
Section"A" 13,045 Feet @ $3,203,057
Section"B" 1,520 Feet @ $373,219
Section "C" 4,370 Feet @ $1,073,006
Section"C" 10,205 Feet @ $2,505,727
Subtotal 29,140 Feet @ $7,155,009
Engineering $737,664
NOTE: USING$110 FOR 30"&$145 FOR 42"--COST RATIO$110/$145=.76
NOTE: USING$45 FOR 12" &$145 FOR 42" --COST RATIO$451$145=.31
36-INCH&24-INCH WATERLINE
Section "A" 9,200 Feet @ $1,780,596
Section"B" 580 Feet @ $132,240
Section"C" 2,520 Feet @ $551,959
Subtotal 12,300 Feet $2,464,795
Engineering $272,598
GRAND TOTAL $18,327,514
NOTE: USING$90 FOR 24"&$125 FOR 36" —COST RATIO$90/$125=.72
NOTE: USING$45 FOR 12" &$90 FOR 24" --COST RATIO$451$90=.50
NOTE: USING$35 FOR 8" &$90 FOR 24"--COST RATIO$35/$90=.39
THESE COSTS DO NOT INCLUDE BRINGING 3-PHASE POWER TO SITE
Exhibit D-2
NORTHSIDE II, III & IV
WATER SYSTEM IMPROVEMENTS
OPINION OF PROBABLE COST
COST SHARING AMOUNTS - SENDERA RANCH
SENDERA RANCH (PUMP STATION)
Cost Cost % Total Sendera
Share Ratio Share Cost Share
32 MGD Station 24% 1 24% $5,546,617 $1,331,188
Engineering 24% 1 24% $501,231 $120,296
SENDERA RANCH (GROUND STORAGE)
Cost Cost % Total Sendera
Share Ratio Share Cost Share
5.0 MG Tank 24% 1 24% $1,581,250 $379,500
Engineering 24% 1 24% $68,350 $16,404
SENDERA RANCH(42" MAIM
Cost Cost % Total Sendera
Share Ratio Share Cost Share
Section"A" 0% x 1 0% $3,203,057 $0
Section"B" 0% x 1 0% $373,219 $0
Section"C" 0% x 1 0% $1,073,006 $0
Section"D" 0% x 1 0% $2,505,727 $0
42"Subtotal $7,155,009 $0
Engineering Subtotal $737,664 $0
PUMP STATION, GROUND STORAGE&42"WATER $15,590,121 $1,847,388
SENDERA RANCH (36"&24"MAIN)
Section"A" 0% x 0.72 0% $1,780,596 $0
Section"B" 0% x 0.50 0% $132,240 $0
Section"C" 0% x 0.39 0% $551,959 $0
36"&24"Subtotal $2,464,795 $0
Engineering Subtotal $272,598 $0
36" &24"WATER $2,737,393 $0
GRAND TOTAL $18,327,514 $1,847,388
Exhibit D-3
NORTHSIDE II, III & IV
WATER SYSTEM IMPROVEMENTS
OPINION OF PROBABLE COST
COST SHARING AMOUNTS - SENDERA RANCH EAST
SENDERA RANCH EAST(PUMP STATION)
Cost Cost % Total Sendera East
Share Ratio Share Cost Share
32 MGD Station 30% 1 30% $5,546,617 $1,663,985
Engineering 30% 1 30% $501,231 $150,369
SENDERA RANCH EAST(GROUND STORAGE)
Cost Cost % Total Sendera East
Share Ratio Share Cost Share
5.0 MG Tank 30% 1 30% $1,581,250 $474,375
Engineering 30% 1 30% $68,350 $20,505
SENDERA RANCH EAST(42"MAIN)
Cost Cost % Total Sendera East
Share Ratio Share Cost Share
Section"A" 30% x 1 30% $3,203,057 $960,917
Section"B" 0% x 1 0% $373,219 $0
Section"C" 0% x 1 0% $1,073,006 $0
Section"D" 0% x 1 0% $2,505,727 $0
42"Subtotal $7,155,009 $960,917
Engineering Subtotal $737,664 $99,068
PUMP STATION,GROUND STORAGE&42"WATER $15,590,121 $3,369,219
SENDERA RANCH EAST(36"MAIN)
Section"A" 100% x 0.72 72% $1,780,596 $1,282,029
Section"B" 100% x 0.50 50% $132,240 $66,120
Section"C" 100% x 0.39 39% $551,959 $215,264
36"&24"Subtotal $2,464,795 $1,563,413
Engineering Subtotal $272,598 $175,012
36"&24" WATER $2,737,393 $1,738,425
GRAND TOTAL $18,327,514 $5,107,644
Exhibit D-4
NORTHSIDE II, III & IV
WATER SYSTEM IMPROVEMENTS
OPINION OF PROBABLE COST
COST SHARING AMOUNTS - HILLWOOD
HILLWOOD(PUMP STATION)
Cost Cost % Total Hillwood
Share Ratio Share Cost Share
32 MGD Station 0% 1 0% $5,546,617 $0
Engineering 0% 1 0% $501,231 $0
HILLWOOD (GROUND STORAGE)
Cost Cost % Total Hillwood
Share Ratio Share Cost Share
5.0 MG Tank 0% 1 0% $1,581,250 $0
Engineering 0% 1 0% $68,350 $0
HILLWOOD(42"MAIN)
Cost Cost % Total Hillwood
Share Ratio Share Cost Share
Section"A" 0% x 1 0% $3,203,057 $0
Section"B" 0% x 1 0% $373,219 $0
Section"C" 100% x 0.31 31% $1,073,006 $332,632
Section"D" 40% x 0.76 -30% $2,505,727 $751,718
42"Subtotal $7,155,009 $1,084,350
Engineering Subtotal $737,664 $111,794
PUMP STATION,GROUND STORAGE&42"WATER $15,590,121 $1,196,144
HILLWOOD(36"MAIN)
Section"A" 0% x 1 0% $1,780,596 $0
Section"B" 0% x 1 0% $132,240 $0
Section"C" 0% x 1 0% $551,959 $0
36"&24"Subtotal $2,464,795 $0
Engineering Subtotal $272,598 $0
36"&24" WATER $2,737,393 $0
GRAND TOTAL $18,327,514 $1,196,144
Exhibit D-5
NORTHSIDE II, III & IV
WATER SYSTEM IMPROVEMENTS
OPINION OF PROBABLE COST
COST SHARING AMOUNTS - CITY OF FORT WORTH
COFW(PUMP STATION)
% Total City
Share Cost Share
32 MGD Station 46% $5,546,617 $2,551,444
Engineering 46% $501,231 $230,566
COFW(GROUND STORAGE)
% Total City
Share Cost Share
5.0 MG Tank 46% $1,581,250 $727,375
Engineering 46% $68,350 $31,441
COFW(42" MAIN)
% Total City
Share Cost Share
Section"A" 70% $3,203,057 $2,242,140
Section"B" 100% $373,219 $373,219
Section"C" 69% $1,073,006 $740,374
Section"D" 70% $2,505,727 $1,754,009
42"Subtotal $7,155,009 $5,109,742
Engineering Subtotal $737,664 $526,802
PUMP STATION, GROUND STORAGE &42"WATER $15,590,121 $9,177,370
COFW(36"&24"MAIN)
Section"A" 28% $1,780,596 $498,567
Section"B" 50% $132,240 $66,120
Section"C" 61% $551,959 $336,695
36"&24"Subtotal $2,464,795 $901,382
Engineering Subtotal $272,598 $97,586
36" &24" WATER $2,737,393 $998,968
GRAND TOTAL $18,327,514 $10,176,338
r
Exhibit D-6
FEE PROPOSAL
for
NORTHSIDE II, III & IV PUMP STATION, GROUND
STORAGE TANK & WATER MAINS
Prepared for:
Two SR, L.P.
One SR, L.P.
Sendera Ranch, Ltd.
3901 Airport Freeway, Suite 200
Bedford, Texas 76021
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
AIL Investment, L.P.
13600 Heritage Parkway, Suite 200
Fort Worth, Texas 76177
Prepared by:
CarteramBurgess
777 Main Street
Fort Worth, Texas 76102
Phone: 817-735-6000
Fax: 817-735-6148
October 2005
Carter & Burgess, Inc. Job No. 013347.000.0.0100
CartermznBurgesss
PROFESSIONAL SERVICES
AGREEMENT
PROJECT Northside II, III & IV Pump Station, Ground PROJECT
NAME: Storage Tank & Water Mains NUMBER: 013347.010
CLIENT: Two SR, L.P., One SR, L.P., Sendera Ranch, Ltd.
ADDRESS: 3901 Airport Freeway, Suite 200, Bedford, Texas 76021
hereby requests and authorizes Carter & Burgess, Inc. ("C&B") to perform the following Services:
SCOPE: See attachments "A" through "J"
COMPENSATION to be on a basis of:
Lump sum fee.
The parties agree to the Provisions stated on the other side of this authorization.
Accepted for SENDERA RANCH:
One SR, L.P. Sendera Ranch, Ltd.
By: Centamtar, L.L.C., its general partner . By: Pars Inv ents, Inc., sole general partner
By: � By:
Mehrdad Moayedi, Manager Mehrdad Moayedi, Presiden
Date: '4 o Date:
Accepted for SENDERA RANCH EAST Accepted R & BURGESS, IN
One SR, L.P. By
By: Centamtar, L.L.C., sole general partner Name: Thad Brundrett
By: Title: Senior Vice President
N�ehrdad Moayedi, Manager
Date: Date: {
,A/ � I .2 2 S 22C.
G:\JOB\013347\CORRESP\PSA 20051011.doc Revised 4-15-03
PROVISIONS
1. AUTHORIZATION TO PROCEED 11. PAYMENT TO C&B/INTEREST ON PAST-DUE AMOUNTS
Signing this Agreement shall be construed as authorization by CLIENT for Monthly invoices will be issued by C&B for all Services performed under the
C&B to proceed with the Services,unless otherwise provided for in this terms of this agreement. Invoices are due and payable on receipt.CLIENT
Agreement. agrees to pay interest at the rate of 11/2%per month on all past-due
amounts,unless not permitted by law.Any interest charged or collected in
2. LABOR COSTS excess of the highest legal rate will be applied to the principal amount owing
In the event C&B's compensation is calculated by reference to C&B's to C&B,and if such interest exceeds the principal balance of CLIENT's
Labor Costs,Labor Costs shall be the amount calculated by the number of indebtedness to C&B,will be returned to CLIENT.It is the intent of C&B and
hours actually worked by each of C&B's employees on CLIENT's Project, CLIENT to abide by all applicable laws regulating the maximum amount of
multiplied by an amount charged for each such employee's work,which is interest that may be charged.To the greatest extent allowed by applicable
calculated by dividing each such employee's annualized,non-overtime law,CLIENT and C&B agree that in the event CLIENT and C&B enter into
compensation(whether salary or paid to such employee at an hourly rate, any compromise or settlement calling for the payment of past due principal
as the case may be)divided by 2,080 hours per year. and accrued and unpaid interest on any past-due invoice,C&B may charge
and CLIENT agrees to pay interest on such combined past due principal and
3. DIRECT EXPENSES accrued and unpaid interest amount(the"New Principal Balance")at the
C&B's Direct Expenses shall be those costs incurred on or directly for the rate of 1'/2%per month or at the highest rate allowed by law,subject,as
CLIENT's Project,including but not limited to necessary transportation provided herein,to C&B's agreement to credit excess interest or return same
costs including mileage at C&B's current rate when its automobiles are to CLIENT after the New Principal Balance is paid.All payment obligations
used,meals and lodging,laboratory tests and analyses,computer are performable in Tarrant County,Texas,and CLIENT agrees to submit to
services,word processing services,telephone,printing and binding the jurisdiction of the courts of the State of Texas in Tarrant County,Texas
charges. Reimbursement for these EXPENSES shall be on the basis of for enforcement of all obligations created by this Agreement.
actual charges when furnished by commercial sources and on the basis of
usual commercial charges when furnished by C&B 12. TERMINATION FOR NON-PAYMENT OF FEES
C&B may terminate this contract by giving written notice if any C&B invoice
4. OUTSIDE SERVICES remains unpaid for more than 60 days.C&B's right to terminate this contract
When technical or professional services are furnished by an outside shall not be waived by C&B's continued performance during any period of
source,when approved by CLIENT,an additional amount shall be added investigation by C&B to determine the reasons for CLIENT'S nonpayment.
to the cost of these services for C&B's administrative costs,as provided on
the reverse side of this agreement. 13. TERMINATION
Either CLIENT or C&B may terminate this Agreement by giving 30 days'
5. COST ESTIMATES written notice to the other party.In such event CLIENT shall forthwith pay
Any cost estimates provided by C&B will be on a basis of experience and C&B in full for all work previously authorized and performed prior to effective
judgment. Since C&B has no control over market conditions or bidding date of termination.If no notice of termination is given,relationships and
procedures,C&B does not warrant that bids or ultimate construction costs obligations created by this Agreement shall be terminated upon completion
will not vary from these cost estimates. of all applicable requirements of this Agreement.
6. PROFESSIONAL STANDARDS 14. LEGAL EXPENSES
C&B shall be responsible,to the level of competency presently maintained In the event legal action is brought by C&B to enforce any of the obligations
by other practicing professionals in the same type of work in CLIENT's hereunder or arising out of any dispute concerning the terms and conditions
community,for the professional and technical soundness,accuracy,and hereby created,CLIENT shall pay C&B reasonable amounts for fees,costs
adequacy of all design,drawings,specifications,and other work and and expenses as may be set by the court.
materials furnished under this Agreement. C&B makes no warranty,
expressed or implied. 15. ASSIGNMENT TO RELATED ENTITY
Notwithstanding anything in this Agreement to the contrary,in the event C&B
7. ADDITIONAL SERVICES is not qualified and licensed in the relevant jurisdiction to provide any
Services in addition to those specified in Scope will be provided by C&B if services required hereunder,C&B may,without the consent of any other
authorized in writing or otherwise confirmed by CLIENT. Additional party,assign all or any part of its obligation to provide such services to an
services will be paid for by CLIENT as indicated in any Letter of Proposal, entity related to C&B which is qualified and licensed to provide such services
Task Authorization,or such other document as deemed appropriate by in the jurisdiction involved and which is contractually bound to C&B to
CLIENT and C&B.In the absence of an express agreement about provide such services.
compensation,C&B shall be entitled to an equitable adjustment to its
compensation for performing such additional services. 16. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall
8. SALES TAX be held illegal,the enforceability of the remaining provisions contained
Applicable sales tax is not included in the above-proposed fee. Sales tax herein shall not be impaired thereby
at an applicable rate will be indicated on invoice statements.
17. SURVEYING SERVICES
9. LIMITATION OF LIABILITY If the Services include surveying of property located in the State of Texas,
C&B's liability to the CLIENT for any cause or combination of causes is in then in accordance with the Professional Land Surveying Practices Act of
the aggregate,limited to an amount no greater than the fee earned under 1989,CLIENT is informed that any complaints about surveying services may
this Agreement. be forwarded to the Texas Board of Professional Land Surveying,
7701 North Lamar,Suite 400,Austin,Texas 78752,(512)452-9427.Similar
10. DISPUTE RESOLUTION laws in other states may give CLIENT similar rights where surveying services
All disputes arising out of this Agreement shall be mediated by the parties are performed outside the State of Texas. In accordance with applicable
within a reasonable time after the first request for mediation,prior to either sales tax law,certain surveying services may be taxable.
party filing a suit in a court of law,provided,however,that neither party
shall be obligated to mediate prior to requesting injunctive relief.
G:VOB\013347\CORRESP\PSA 20051011.doc Revised 4-15-03
TABLE OF CONTENTS
ATTACHMENT "A" - BASIC SERVICES
ATTACHMENT "B" - SPECIAL SERVICES
ATTACHMENT "B-1" - CHIANG, PATEL, & YERBY, INC. SERVICES
ATTACHMENT "C' - MULTATECK ENGINEERING, INC. SERVICES
ATTACHMENT "D" - MAS-TECK ENGINEERING, INC. SERVICES
ATTACHMENT "E" - ELK ENGINEERING, INC. SERVICES
ATTACHMENT "F" - DESCRIPTION OF PROJECT
ATACHMENT "G" - OPINION OF PROBABLE COST
ATTACHMENT "H" - DESIGN AND SURVEY FEES
ATTACHEMENT "I" - M/WBE PARTICIPATION
ATTACHMENT "J" - PROJECT SCHEDULE
Attachment "A"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK&WATER MAINS
BASIC SERVICES
The following is a clarification of the BASIC SERVICES tasks that the ENGINEER will
perform.
Phase 1 — Conceptual Design
Phase 2 — Preliminary Design
Phase 3 — Final Design
Phase 4— Bidding Services
Phase 5 — Construction Services
100 PHASE 1 — CONCEPTUAL DESIGN
BS 101 Preliminary Conference
The ENGINEER will conduct an initial kick-off meeting with the Developer and the City
staff to introduce project team members, establish protocol and lines of communication,
gather available documents pertinent to the assignment, and discuss project scope and
schedule. The ENGINEER team members to be present will include the Project Manager
and lead engineers for each area. In addition, the lead engineer for each of the major
subconsultants will be present.
BS 102 Data Collection & Research
The ENGINEER will research and obtain data, maps, plans, existing utility information
and/or other information necessary for the design of these projects.
BS 103 Utility Coordination
The ENGINEER will notify and coordinate with the utility companies in the project area,
including utilities'owned by the City. This will include identifing utility conflicts or
adjustments to existing utility lines within the project limits.
BS 104 Pump Station & Ground Storage Tank Design Report
The ENGINEER will prepare a Design Report that presents methodologies,cost estimates,
conclusions and recommendations for the Northside pump station and ground storage
tank. This document will be reviewed by the Developer and the City staff and the
ENGINEER's Technical Review Committee,with their comments being incorporated into a
Final Report. The ENGINEER will provide 10 copies of the Preliminary Report and meet
with the Developer and the City staff to discuss its contents.Ten copies of the Final Report
will be provided to the Developer and the City.
The ENGINEER will conduct a technical review of the study phase upon completion of the
Preliminary Report. Technical Review Committee members will be senior members of
ENGINEER's staff or senior members of a subconsulting engineer's staff who have not
otherwise been involved in the project and have substantial experience in planning and
design of pumping and ground storage facilities. This quality assurance/quality control
review is part of Carter & Burgess's design process which offers the Developer and the
City the equivalent of an internal peer review.
BS 105 Project Management
The ENGINEER will hold progress reporting meetings with the Developer and the City staff
during the conceptual phase to discuss work underway, overall progress, project schedule,
budgets, upcoming work, and address any unresolved issues. This will be a working
dialogue meeting that is not intended to be a formal presentation. The appropriate
ENGINEER team members will attend the meetings. The results of the meetings will be
documented in minutes that will record decisions and work progress.
200 PHASE 2 — PRELIMINARY DESIGN (35% Design Stage)
32 MGD PUMP STATION& 5,000,000 GALLON GROUND STORAGE TANK
BS 201 Acoustics
The ENGINEER will perform an evaluation of the recommended pump station structure to
determine what acoustical treatment, if any, will be necessary in order to make the pump
station compatible with the surrounding land uses and to meet applicable building code
requirements.
BS 202 Standby Power Requirements
The ENGINEER will evaluate the need for (or the risk involved in not having) a standby
power supply, either from an engine generator or a second primary service line for the
pump station. Cost comparisons and advantages/disadvantages will be provided for the
Developer and the City's use in making decisions about this issue.
BS 203 Civil
The ENGINEER will prepare site civil and yard pumping for the pump station and ground
storage tank. This will include grading, drainage, horizontal control, pump station and
ground storage tank piping, etc.
BS 204 Architectural & Structural
The ENGINEER will design and prepare architectural and structural plans and technical
specifications for the pump station. The structural plans for the ground storage tank and its
foundation will also be designed and prepared.
BS 205 Mechanical
The ENGINEER will design and prepare mechanical plans and specifications for the pump
station and ground storage tank.
BS 206 Electrical & Instrumentation
The ENGINEER will evaluate and design an electrical and instrumentation system for the
pump station and the ground storage tank operation that will be compatible with and
interface with the City's SCADA system.
BS 207 Contract Documents
The ENGINEER will perform preliminary engineering design and prepare a preliminary set
of construction plans for the pump station and ground storage tank as one project.
For budgetary purposes the ENGINEER has assumed that the pump station will be
housed in a building (of approximately 10,000 square feet size with the compatible brick
veneer or pre-cast concrete tilt-up panels with appropriate landscaping)with the adjacent
neighborhood. The pump station building will have a bridge crane and appropriate HVAC
and plumbing systems, but no provisions will be made for offices or restrooms.
BS 208 Review Documents
The ENGINEER will provide 10 sets of drawings and 5 sets of the technical specifications
for the Developer and the City's review at the 35 percent completion stage of the project,
and meet with the Developer and the City staff to discuss the documents and incorporate
their comments into the subsequent documents.
BS 209 Technical Review
The ENGINEER will conduct an in-house technical review of the Contract Documents at
the 35 percent completion stage. A technical review will be conducted by the Technical
Review Committee discussed in Task Item BS 104.
BS 210 Construction Cost Estimate
The ENGINEER will prepare a preliminary estimate of probable construction cost based on
the preliminary set of construction plans.
BS 211 Project Management
The ENGINEER will perform project management duties through the design phase,
including budget and schedule tracking, and meeting with the Developer and the City's
Project Manager on a regular basis to keep him aware of the project's status.
The ENGINEER will conduct progress meetings with the Developer and the City staff
during the design phase to review work completed, upcoming work, project schedule,
budgets, unresolved issues and other items. The meeting minutes will be record of action
items, and project decisions.
42-INCH, 36-INCH & 24-INCH WATER MAIN
BS 213 Contract Documents
The ENGINEER will perform preliminary engineering design and prepare sets of
preliminary construction plans for the 42-inch,the 36-inch, and 24-inch water mains. This
will include easements and right-of-way, waterline plan and profiles, cathodic protection,
traffic control, storm water pollution plans, etc.
BS 214 Review Documents
The ENGINEER will provide 10 sets of drawings and 5 sets of the technical specifications
for the Developer and the City's review. Also sets will be delivered to the utility companies
at the 35 percent completion stage of the project for their review and comments. The
ENGINEER will meet with the Developer and the City staff to discuss the documents.
Review comments from the Developer, City and utility companies will be incorporated into
these documents and subsequent documents.
BS 215 Technical Review
The ENGINEER will conduct an in-house technical review of the Contract Documents at
the 35 percent completion stage.
BS 216 Construction Cost Estimates
The ENGINEER will prepare a detailed estimate of probable construction cost based on
the preliminary set of construction plans.
BS 217 Project Management
The ENGINEER will perform project management duties through the design phase,
including budget and schedule tracking, and meeting with the Developer and the City's
Project Manager on a regular basis to keep him aware of the project's status.
The ENGINEER will conduct progress meetings with the Developer and the City staff
during the design phase to review work completed, upcoming work, project schedule,
budgets, unresolved issues and other items. Meeting minutes will be used as record of
action items and project decisions.
300 PHASE 3 — FINAL DESIGN (85 & 100% Design Stages)
32 MGD PUMP STATION & 5,000,000 GALLON GROUND STORAGE TANK
BS 301 Contract Documents
The ENGINEER will prepare the final design and complete contract documents
(construction plans and technical specifications) for use in bidding and constructing the
pump station and ground storage tank as one project.
N�' t, �1
Fpe `vgN, fig.
The ENGINEER will use Developer and the City's Standard General Conditions section of
specifications and modify those as necessary in Supplementary Conditions to fit this
project. Documents will include General and Special Conditions, Bid Proposal Forms,
Instructions to Bidders, and other sections generally considered to be necessary for
solicitation of bids. Coordination of proposed building structures (Pump Station)with City
Building Inspection Department to be sure buildings meet Developer and the City codes
will be included.
The ENGINEER will prepare the final construction plans based on the following sheet
index:
PUMP STATION & GROUND STORAGE TANK
PROPOSED INDEX OF DRAWINGS
General Details
G-1 Cover And Index Of Sheets M-10 Valve Vault(Vault 3) Plan, Sections And
G-2 General Legend And Abbreviations I Detail
G-3 General Legend And Abbreviations 11 M-11 Transit Time Flow Meter Vault
G-4 General Legend And Abbreviations III (Vault 4) Plan, Sections And Details
M-12 Standard Mechanical Details I
Civil M-13 Standard Mechanical Detail 11
C-1 Grading and Drainage Plans HVAC (Multatech)
C-2 Horizontal Control Plan
C-3 Site/Yard Piping Plan and GSR/Yard Piping H-1 HVAC Floor Plan
C-4 New Site/Yard Piping Plan H-2 Pump Station Upper Level Plan
C-5 Civil Details I H-3 Elevations And Schedules
C-6 Civil Details 11 H-4 Meter Vault
Architectural (Multatech) Plumbing (Multatech)
A-1 Pump Station Floor Plan P-1 Pump Station Floor Plan
A-2 Exterior Elevations
A-3 Sections Electrical (Multatech)
A-4 Wall Sections E-1 Electrical Legend &Abbreviations
A-5 Details E-2 Electrical—Site Plan
A-6 Details E-3 Electrical One Line Diagram
A-7 Enlarged Plan Details Door Schedule E-4 Electrical Sections & Details
Room Finish Schedule E-5 Pump Station Electrical Power Plan
A-8 Elevations And Details, Misc. Details E-6 Pump Station Lighting Plan
E-7 Pump Station HVAC & Fire Alarm
Structural Electrical Valve Vault 1 &Valve Vault 2
S-1 General Notes, Abbreviations, Legend And E-8 Valve Vault 1 &Valve Vault 2
Sheet Index Electrical Plan & Section
S-2 Pump Station Foundation Plan E-9 Valve Vault 3 & Meter Vault 4
S-3 Pump Station Slab Plan Electrical Plan &Section
S-4 Pump Station Roof Framing Plan E-10 Electrical Sections & Details
S-5 Pump Station Sections E-11 Meter&Valve Vaults Electrical Details
S-6 Pump Station Sections E-12 Electrical-Site Plan Demolition
S-7 Pump Station Details E-13 Electrical-Partial Site Plan & Details
S-8 Standard Structural Details E-14 Fixture And Panel Schedules
S-9 Standard Structural Details E-15 Instrumentation Interface Diagram
E-16 Electrical Control Schematics— I
Mechanical E-17 Electrical Control Schematics— 11
M-1 Process, Mechanical And E-18 Electrical Control Schematics— III
Instrumentation Diagram E-19 Electrical Control Schematics— IV
M-2 Pump Station Plan E-20 Electrical Standard Details—I
M-3 Pump Station Sections E-21 Electrical Standard Details— 11
M-4 Pump Station Sections And Details Instrumentation (Multatech)
M-5 Ground Storage Reservoir Plan, Sections
And Detail 1-1 Instrumentation Legend
M-6 Ground Storage Reservoir Sections 1-2 Loop Diagrams I
M-7 Ground Storage Reservoir Sections 1-3 Loop Diagrams II
M-8 Turbine Flow Meter Vault (Vault 1) 1-4 Loop Diagrams III
Plan Sections And Detail 1-5 Loop Diagrams IV
M-9 Valve Vault(Vault 2) Plan, Sections And 1-6 Loop Diagrams V
BS 302 Review Documents
The ENGINEER will provide 10 sets of drawings and 5 sets of specifications for the
Developer and the City's review at the 85 percent completion stage of the project, and
meet with the Developer and the City staff to discuss the documents and incorporate their
comments into the subsequent documents. The ENGINEER will finalize the construction
documents and meet with the Developer and the City staff at the 100 percent completion
stage.
BS 303 Technical Review
The ENGINEER will conduct a technical review of the Contract Documents at the 85 and
100 percent completion stage and a constructability review at the 85 percent completion
stage.
BS 304 Construction Cost Estimate
The ENGINEER will prepare a detailed estimate of probable construction cost based upon
the final Contract Documents.
BS 305 Project Management
The ENGINEER will perform project management duties through the design phase,
including budget and schedule tracking, and meeting with the Developer and the City's
Project Manager on a regular basis to keep him aware of the project's status.
The ENGINEER will conduct progress meetings with the Developer and the City staff
during the design phase to review work completed, upcoming work, project schedule,
budgets, unresolved issues and other items. The meeting minutes will be record of action
items, and project decisions.
42-INCH, 36-INCH, & 24-INCH WATER MAINS
BS 306 Contract Documents
The ENGINEER will prepare the final design and complete contract documents
(construction plans and technical specifications)for use in bidding and constructing the 42-
inch, the 36-inch and 24-inch water mains.
The ENGINEER will use Developer and the City's Standard General Conditions section of
specifications and modify those 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 sections generally considered to be necessary for
solicitation of bids.
The ENGINEER will prepare the final construction plans based on the following sheet
index:
42-INCH WATER MAIN
PROPOSED INDEX OF DRAWINGS
G-1 through G-4 General Sheets
E-1 through E-15 Easement/Right-of-Way Plans
W-1 through W-30 42"Water Line Plan & Profile
C-1 through C-15 Cathodic Protection Plans
T-1 through T15 Traffic Control Plans
S-1 through S-15 Storm Water Pollution Prevention Plans
D-1 through D-6 Details
36 & 24-INCH WATER MAINS
PROPOSED INDEX OF DRAWINGS
G-1 through G-4 General Sheets
E-1 through E-7 Easement/Right-of-Way Plans
W-1 through W-14 36", &24"Water Line Plan & Profile
C-1 through C-7 Cathodic Protection Plans
T-1 through T-7 Traffic Control Plans
S-1 through S-7 Storm Water Pollution Prevention Plans
D-1 through D-6 Details
BS 307 Review Documents
The ENGINEER will provide 10 sets of drawings and 5 sets of specifications for the
Developer and the City's review at the 85 percent completion stage of the project, and
meet with the Developer and the City staff to discuss the documents and incorporate their
comments into the subsequent documents. The ENGINEER will finalize the construction
documents and meet with the Developer and the City staff at the 100 percent completion
stage.
BS 308 Technical Review
The ENGINEER will conduct a technical review of the Contract Documents at the 85 and
100 percent completion stage and a constructability review at the 85 percent completion
stage.
BS 309 Construction Cost Estimates
The ENGINEER will prepare a detailed estimate of probable construction cost based upon
the final Contract Documents.
BS 310 Project Management
The ENGINEER will perform project management duties through the design phase,
including budget and schedule tracking, and meeting with the Developer and the City's
Project Manager on a regular basis to keep him aware of the project's status.
The ENGINEER will conduct progress meetings with the Developer and the City staff
during the design phase to review work completed, upcoming work, project schedule,
budgets, unresolved issues and other items. Meeting minutes will be used as record of
action items and project decisions.
400 PHASE 4 — BIDDING SERVICES
BS 401 Furnish Bidding Documents
The ENGINEER will provide to the Developer for bidding purposes 20 sets of reduced size
drawings (11"x17" size) and specifications for the pump station and ground storage tank
as one project. The ENGNEER will distribute the documents to prospective bidders and
suppliers and maintain a bidders' list.
BS 402 Bidding Assistance
The ENGINEER will assist the Developer in responding to questions submitted by
prospective bidders and suppliers and prepare necessary addenda.
BS 403 Pre-bid Conference
The ENGINEER will prepare the agenda and assist the Developer at the pre-bid
conferences for each project.
BS 404 Bid Evaluation and Contract Award
The ENGINEER will attend and assist the Developer at the bid openings for each project,
review the bids for completeness and accuracy, prepare bid tabulations, check contractor
references, and provide a recommendation for award of construction contracts.
BS 405 Prepare Formal Contract Documents
The ENGINEER will prepare formal contract documents and agreements to be executed
by the Developer and the Contractor.
500 PHASE 5 — CONSTRUCTION SERVICES
BS 501 Preconstruction Meetings
The ENGINEER will attend and assist the Developer at the preconstruction meetings for
each project to address construction and coordination issues. 7 ----
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BS 502 Submittal Review
The ENGINEER will review Contractor's shop drawings, pay order request, and other
submittals for compliance with the contract documents and design documents.
BS 503 Site Visits
The ENGINEER will visit the project sites at appropriate intervals (12 Maximum) as
construction proceeds to observe and report on the progress and quality of work.
BS 504 Monthly Progress Meetings
The ENGINEER will attend progress meetings between the Contractor,the Developer and
the City's.
BS 505 Instructions to Contractor
The ENGINEER will assist the Developer with interpretation of the contract documents,
answer the contractors questions (RFI), prepare field change and change order
documents.
BS 506 Final Inspection
The ENGINEER will make one (1)final review meeting for each project at the completion of
the construction to make recommendation of acceptance of the projects.
BS 507 Record Drawings
The ENGINEER shall prepare record drawings from information submitted by the contractor
for each project.
Attachment "B"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK&WATER MAINS
SPECIAL SERVICES
The following is a clarification of the SPECIAL SERVICES tasks that the ENGINEER will
perform.
100 PHASE 1 — CONCEPTUAL DESIGN
SS 101 City/Developer Coordination
The ENGINEER will provide project coordination between the Developer and the City and
the Developers of Sendera Ranch,Sendera Ranch East and Hillwood Development for the
pump station, ground storage tank, 42-inch water main, 36-inch water main, and 24-inch
water mains throughout the duration of the project. This will serve to coordinate the best
interest of each party.
SS 102 Waterline Routing Study
The ENGINEER will perform and prepare a routing study for the 42-inch, 36-inch and 24-
inch water mains to identify alternative alignments (3 maximum). This will include using
information and maps of the existing distribution system, field reconnaissance, expected
easement / R.O.W. availability, topography and existing land use, etc. The ENGINEER
will then prepare a report that summarizes its findings with cost estimates and
recommends an alignment for the proposed water mains that will serve as the bases for
final design of the water mains.
200 PHASE 2 — PRELIMINARY DESIGN
SS 201 City/Developer Coordination
The ENGINEER will provide project coordination between the Developer and the City and
the Developers of Sendera Ranch, Sendera Ranch East and Hillwood Development for the
pump station,ground storage tank,42-inch, 36-inch, and 24-inch water mains throughout
the duration of the project. This will serve to coordinate the best interest of each party.
SS 202 Pump Station & Ground Storage Tank Platting
The ENGINEER will prepare a preliminary plat for the pump station and ground storage
tank site (approximately 5 acres). This will include assisting the Developer in obtaining
City approvals.
SS 203 Design Survey
The ENGINEER will obtain boundary and topographic design survey information for the
pump station and ground storage tank necessary for design and platting of the site. The
ENGINEER will obtain topographic design survey information necessary for the design of
the 42-inch, 36-inch, and 24-inch water mains.
SS 204 Easement Preparation
The ENGINEER will prepare temporary and permanent easement documents with exhibits
necessary for the construction of the 42-inch, 36-inch, and 24-inch water mains. The
Developer will be responsible for obtaining all easements.
SS 205 Geotechnical Investigation
The ENGINEER will provide geotechnical investigation information, recommendations and
reports for the pump station, ground storage tank, 42-inch, 36-inch and 24-inch water
mains as described in the attached proposal by the subconsultant of Mas-Tek
Engineering, Inc.
SS 206 Surge Analysis
The ENGINEER will conduct a surge analysis of the proposed pump station and its water
transmission pipeline system. The purpose of such an analysis will be the determination of
the expected magnitude of surge pressures resulting from uncontrolled shutdowns and/or
power failures occurring at the pump station, and how to best attenuate the resultant
pressures in order to protect the pumping equipment and piping system.Appropriate surge
protection technologies will be incorporated into the final design. The surge analysis will
be preformed by the subconsultant of Chiang, Patel &Yerby.
SS 207 Permitting
The ENGINEER will prepare permit applications with exhibits and submit to TxDOT,
Tarrant County, the City of Haslet, the City of Fort Worth and the BNSF Railroad for the
42-inch, 36-inch and 24-inch water mains for the project. This does not include Corp of
Engineers or wetlands permits which are not anticipated at this time.
301 PHASE 3 — FINAL DESIGN
SS 301 City/Developer Coordination
The ENGINEER will provide project coordination between the Developer and the City and
the Developers of Sendera Ranch, Sendera Ranch East and Hillwood Development for the
pump station, ground storage tank, 42-inch, 36-inch and 24-inch water main throughout
the duration of the project. This will serve to coordinate the best interest of each party.
SS 302 Platting
The ENGINEER will prepare a final plat for the pump station and ground storage tank site
(approximately 5 acres). This will include assistance in obtaining Developer and the City
approvals. This will include boundary and topographic information as obtained by the
ENGINEER in the preliminary stage.
SS 303 Cathodic Protection
The ENGINEER will provide plans and specifications for cathodic protection for the pump
station, ground storage tank, 42-inch, 36-inch, and 24-inch water mains as described in
the attached proposal by the subconsultant of ELK Engineering, Inc.
SS 304 Storm Water Pollution Prevention Plan (SWPPP)
The ENGINEER will prepare storm water pollution prevention plans for the pump station,
ground storage tank, 42-inch, 36-inch and 24-inch water mains in accordance with the
requirements of the Texas Commission on Environmental Quality's (TCEQ) TPDES
General Permit TXR 150000 to be used during construction.
SS 305 Traffic Control
The ENGINEER will prepare traffic control and management plans for the 42-inch, 36-inch
and 24-inch water mains for the movement of vehicular and pedestrian traffic through the
area while under construction.
400 PHASE 4 — BIDDING SERVICES
SS 401 City/Developer Coordination
The ENGINEER will provide project coordination between the CITYand the Developers of
Sendera Ranch, Sendera Ranch East and Hillwood Development for the pump station,
ground storage tank,42-inch, 36-inch, 24-inch water mains throughout the duration of the
project. This will serve to coordinate the best interest of each party.
500 PHASE 5 — CONSTRUCTION SERVICES
SS 501 City/Developer Coordination
The ENGINEER will provide project coordination between the CITY and the Developers of
Sendera Ranch, Sendera Ranch East and Hillwood Development for the pump station,
ground storage tank,42-inch, 36-inch, 24-inch water mains throughout the duration of the
project. This will serve to coordinate the best interest of each party.
Attachment "B-1 "
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK & WATER MAINS
CHIANG, PATEL, & YERBY, INC. SERVICES
CarterN Burgess AGREEMENT FOR
SUBCONSULTANT SERVICES
Consultant: Carter & Burgess, Inc.
Address: 777 Main Street
Fort Worth, Texas 76102
PROJECT: North Side II, III & IV Pump Station PROJECT NUMBER: 013347.000.0.0100
Ground Storage Tank & Water
Mains
Subconsultant: Chiang, Patel & Yerby Contact:
1820 Regal Row, Suite 200 Randal Romack, P.E.
Dallas, Texas 75235 (21.4) 638-0500
Address:
Carter & Burgess, Inc. ("C&B" or "Consultant') has entered, or will enter, into an agreement ("Prime Agreement') with
One SR, L.P. & Two SR, L.P. ("Client") and desires to employ Chiang, Patel & Yerby, Inc. ("Sub" or"Subconsultant") to
perform certain professional services required of C&B according to the Prime Agreement.
SCOPE of SERVICES :
A:Provide technical review of conceptual design report and 35% Design phase by senior members of staff.
B:Conduct surge analysis of the proposed pump station and its water transmission pipeline system. Provide determination of the expected magnitude
of surge pressures resulting from uncontrolled shutdowns and/or power failures at the pump station and how best to attenuate the resultant pressures
in order to protect the pumping equipment and piping system.Surge analysis will be performed on:131)pump station,B2)42-inch water line,and
B3)36/24-inch water lines.
COMPENSATION to be on a basis of:
Al: Lump Sum $18,000.00
131: Lump Sum $15,000.00
132: Lump Sum $15,000.00
133: Lump Sum $10,000.00
Total: $58,000.00
THE TERMS & CONDITIONS ATTACHED HERETO ARE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, C&B and Sub have executed this Agreement for Subconsultant Services ("Agreement"), to be
effective as of , 200_
CHIANG, PATEL &YERBY, INC., a Texas corporation CART R BURGESS, INC., a Texas corporation
By: y:
a�ame: �'1lil�Q� G. C,a/"7B' Name:�6 � �7.
Title: l/ / e 14912Sden Title: e::�- y ICL
Revised 9-9-05
Terms and Conditions to Agreement for Subconsultant Services
1.1 Sub covenants with C&B to cooperate with Client's other consultants in furthering the interests of Client and C&B. Sub agrees to furnish to C&B all
services provided for herein, consistent with the terms of the Prime Agreement and applicable professional standards in such professional manner
as will permit C&B to perform all of its obligations to Client as provided in the Prime Agreement,with respect to the services for which Sub is hereby
employed. Sub shall endeavor to promote furtherance of the Project in an expeditious and economical manner consistent with the interests of
Client and C&B and the requirements of this Agreement and the Prime Agreement.
1.2 Sub agrees to work under the general direction of C&B and, if applicable, work with other consultants of Client. In no event shall C&B's general
direction be construed as C&B's assumption of Sub's duties. Sub is solely responsible for the professional quality, technical accuracy and timely
completion of its services.
1.3 Sub agrees to undertake reasonable efforts to perform its services,so that each phase of the Project can be substantially completed within the time
periods required by the Prime Agreement. Neither Sub nor C&B shall be deemed to be in breach of this Agreement for delays caused by
circumstances beyond their reasonable control,provided such circumstances also excuse performance by C&B under the Prime Agreement. In the
event of such delays,the affected party must give timely notice to the other party and Client and undertake reasonable efforts to mitigate any delay.
1.4 Sub shall proceed with sufficient qualified personnel necessary to fully complete all services.Sub's personnel assigned to this Agreement shall be
subject to C&B's and Client's periodic review and approval. Sub's key personnel shall not be replaced without C&B's prior written consent. C&B
retains the right to request replacement, for reasonable cause, of any employee assigned by Sub to the Project. C&B's decisions in this regard
shall not be the basis for any claim for additional compensation by Sub or be construed as an assumption of Sub's duties.
1.5 Sub shall complete each phase of its services within the time and budget limits prescribed therefore unless C&B authorizes changes to the scope
of work.
2.1 Payment by C&B shall be subject to receipt of detailed invoices and subject to approval of C&B's Project Manager. Acceptance by Sub of final
payment shall operate as a release of C&B from all claims against C&B for additional compensation arising from services provided under this
Agreement.
2.2 Sub's listed rates shall not increase during its performance of services hereunder unless specifically approved by C&B in writing.
2.3 Sub shall pay all applicable fees,charges and expenses necessary for performance of its services.
2.4 Sub shall submit partial payment invoices no later than the tenth (10th)day of each month, based on actual work accomplished and expenses
incurred during the preceding month. The format of the invoices shall be as approved by C&B and shall describe tasks accomplished, including
percentage of task completion, list hours expended by person and list expenses with receipts. Upon approval of each invoice, C&B shall submit it
to Client along with C&B's regular monthly billing.
2.5 Approval of an invoice by C&B shall not constitute a release of the responsibility and liability of Sub, its officers, agents, employees and
subcontractors for the accuracy and competency of their work; nor shall such approval be deemed an assumption of responsibility by C&B for any
defect in the work prepared by Sub, its officers,agents,employees and subcontractors.
2.6 C&B's obligation to compensate Sub is a "pay-when-paid" obligation. C&B shall pay Sub ten (10) business days after C&B's receipt of payment
from Client.
I (a) It may be necessary for performance of this Agreement for a party (the "Disclosing Party") to disclose Confidential Information (as defined
below) to the other party (the "Receiving Party"). In such event, and to the extent allowed by the applicable law governing this Agreement, the
Receiving Party agrees to (i) maintain in strict confidence all Confidential Information disclosed to it by the Disclosing Party; (ii) limit access to the
Confidential Information solely to the Receiving Party's officers, directors, employees and agents who have the need to review the information in
connection with the undertakings of this Agreement; (iii) insure that persons with proper access to the Confidential Information will abide by the
terms of this Section 3.1;and(iv)use the Confidential Information solely in furtherance of this Agreement.
(b) For the purposes of this Section 3.1, "Confidential Information" shall mean (1) any information or material which is proprietary, sensitive or
confidential to the Disclosing Party, to any related entity of the Disclosing Party, or to any entity doing business with the Disclosing Party, and (ii)
any material designated as"Confidential Information"by the Disclosing Party, of which the Receiving Party may obtain knowledge or access as a
result of this Agreement.
(c) The Receiving Party shall continue to observe the requirements of this Section 3.1, notwithstanding the termination of this Agreement,for so
long as the Confidential Information remains proprietary and sensitive.
(d) In the event of a breach of this Section 3.1 by the Receiving Party, the Disclosing Party shall be entitled to injunctive relief in addition to any
other remedy, including claims for damages that it might otherwise have.
4.1 All of Sub's documentary work product, reports and correspondence to C&B under this Agreement and the intellectual property rights imbedded
therein, including without limitation all copyrights, shall be the property of C&B and, upon completion of this Agreement, such documentary work
product shall be promptly delivered to C&B in a reasonably organized form,without restriction on its future use by Client on any additional work
associated with the Project. Notwithstanding anything to the contrary herein,the provisions of the Prime Agreement shall govern the ownership of
the documentary work product and the intellectual property rights embedded therein. Sub acknowledges that this agreement as to ownership rights
is supported by independent and sufficient consideration.
5.1 Sub shall not be considered an employee of C&B or Client, but shall occupy the status of independent contractor as a professional consultant to
C&B. Sub shall perform its tasks and duties consistent with such status, and will make no claim or demand for any right or privilege applicable to
an agent, servant or employee of C&B or Client, including, but not limited to,worker's compensation,disability benefits,tax withholding,accident or
health insurance, unemployment insurance,social security or retirement benefits.
6.1 Without limiting Sub's indemnification of C&B, Sub shall, at all times during the term of this Agreement, and for not less than two (2) years after
completion of all work performed hereunder, provide and maintain solely at its own expense,the following types of insurance,written by companies
authorized or approved in the state in which the Project is located or meeting surplus lines requirements of the state in which the Project is located
and acceptable to C&B, protecting the interests of C&B, with limits of,liability not less than those specified hereafter: (a)Worker's Compensation
Insurance as required by law for the state in which the Project is located and in the states in which the Sub is domiciled,insuring against any and all
judgments arising out of workers'compensation claims in the amounts required by the statutes of such states, and Employer's Liability Insurance
with minimum coverage of $500,000 Each Accident, $500,000 Disease-Policy Limit, and $500,000 Disease-Each Employee. (b) Commercial
General Liability("CGL") Insurance, including Personal Injury Liability and Contractual Liability covering, but not limited to, this Agreement, with a
combined bodily injury (including death) and property damage minimum limit of $5,000,000 per occurrence, $5,000,000 annual aggregate.
Coverage shall be on an "occurrence" basis. These limits may be satisfied by a combination of general and umbrella liability policies.
(c)Automobile Liability Insurance including hired and non-owned automobile liability coverage in an amount not less than $1,000,000 combined
single limit for any hired, owned or non-owned vehicle used in the performance of work hereunder. These limits may be satisfied by a combination
of automobile and umbrella liability policies. (d)Professional Liability Insurance in an amount not less than $1,000,000 per claim and annual
aggregate insuring Sub for professional errors or omissions in the performance of work hereunder.
6.2 Each insurance policy shall include the following conditions by endorsement to the policy:
(a) CGL and Automobile Liability policies shall be endorsed to name C&B, its officers, employees,and agents as additional insureds with respect
to operations performed by or on behalf of Sub in the performance of this Agreement. Each policy shall require that thirty(30)days prior to the
2-;-1 o.o.ni
expiration, cancellation, non-renewal or any material change in coverage, a notice therefor shall be given to C&B by U.S.first class mail. Sub shall
also notify C&B within three(3)business days after receipt of any notices of expiration,cancellation, non-renewal or material change in coverage it
receives from its insurer. Coverage shall be continuous(by renewal or extended reporting period)until completion of all work required by this
Agreement,and acceptance by C&B. (b)All policies shall contain a waiver of subrogation against C&B and Client. (c)The insurance shall be
evidenced by delivery to C&B of certificates of insurance,executed by the insurer or agent, listing coverage and limits,expiration date and term of
policy. C&B will not process payments to Sub until satisfactory evidence of all insurance coverage is received. (d)Companies issuing the
insurance policies shall have no recourse against C&B for payment of any premiums or assessments for any deductibles which all are the sole
responsibility and risk of Sub.
6.3 Sub shall provide copies of the insurance policies to C&B or Client, upon request.
7.1 SUB AGREES TO DEFEND, INDEMNIFY AND HOLD C&B, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY
DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE RELATED TO SUB'S
SOLE NEGLIGENT ACT OR OMISSION, ITS OFFICERS,AGENTS, EMPLOYEES OR SUBCONSULTANTS, IN THE PERFORMANCE OF SUB'S
DUTIES HEREUNDER; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF C&B, ITS OFFICERS, EMPLOYEES OR SEPARATE CONSULTANTS AND CONTRACTORS,
AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH SUB AND C&B, RESPONSIBILITY, IF ANY, SHALL BE
APPORTIONED COMPARATIVELY WITHOUT WAIVING ANY DEFENSES OF THE PARTIES. THE PROVISIONS OF THIS PARAGRAPH
SHALL SURVIVE THE COMPLETION OR TERMINATION OF THIS AGREEMENT AND ARE SOLELY FOR THE BENEFIT OF THE PARTIES
HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR
ENTITY.
8.1 This Agreement may be terminated by C&B, by written notice to Sub, or at such time as the Prime Agreement is terminated. C&B may also
terminate this Agreement, upon five (5) days written notice to Sub, for C&B's convenience or upon Sub's failure to substantially perform in
accordance with the terms of this Agreement.On the effective date of any such termination,Sub shall cease all work on the Project.Within 30 days
after termination, Sub shall submit to C&B all files, calculations, exhibits, and other Project related documents and a final billing for all work
performed prior to the effective date of termination. Upon a termination based on Sub's failure to substantially perform in accordance with the terms
of this Agreement, (i)C&B may finish,the work required hereunder by whatever reasonable method C&B may deem expedient; (ii)Sub shall not be . `�
entitled to receive further payment until the work required hereunder is finished; "' 1.�c
and(v)subject to (ii), (iii)and (iv), above, Sub shall be entitled to receive only compensation for all work
done prior to the effective date of termination. Sub shall not be paid for loss of anticipated profits or revenues or other economic loss arising out of
or resulting from termination, regardless of the cause of termination.
8.2 In no event shall C&B's action of terminating this Agreement,whether for cause or otherwise, be deemed an exclusive election of C&B's remedies,
nor shall such termination limit, in any way,at law or at equity, C&B's right to seek damages from or otherwise pursue Sub for any default or breach
hereunder or other action.
^1 This Agreement shall be binding on the parties hereto, their successors, assigns and representatives. Sub shall not transfer or assign this
Agreement or Sub's interest in or to this Agreement or any part hereof,without having first obtained C&B's and, if necessary, Client's prior written
consent.
9.2 This Agreement shall be governed by and construed solely in accordance with the laws of the State of Texas, except with respect to its conflicts of
law provision. This Agreement shall be performable in Fort Worth, Texas and exclusive venue for any legal action shall lie in Tarrant County, Fort
Worth,Texas.
9.3 Sub covenants and represents that Sub, its officers, employees, agents, and subconsultants will have no substantial financial interest, direct or
indirect, in product,materials or equipment that will be specified for the design or construction of the Project.
9.4 Any and all representations and conditions made by Sub under this Agreement shall survive the execution, delivery and termination of this
Agreement.
9.5 In the event of default by Sub herein, C&B shall have all rights and remedies afforded to it at law or in equity to recover damages and interpret or
enforce the terms hereof. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy
allowed at law or in equity.
9.6 Each provision and clause required by law or the Prime Agreement to be inserted into this Agreement shall be deemed to be included herein and
this Agreement shall be read and enforced as though each were physically included herein.
9.7 The failure on the part of C&B at any time to require the performance by Sub of any portion of this Agreement shall not be deemed a waiver of,or in
any way affect, C&B's rights to enforce such provision or any other provisions. Any waiver by C&B of any provision hereof shall not be taken or
held to be a waiver of any other provisions hereof or any other breach hereof.
9.8 This Agreement and the Exhibits, if any, referenced herein are incorporated herein for all purposes and, together, constitute the entire Agreement
and supersede all prior agreements and understandings between the parties conceming the subject matter hereof.
9.9 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other
provision of this Agreement.
9.10 Sub represents to C&B that Sub has full power and authority to execute, deliver and perform this Agreement, and-the execution, delivery, and
performance hereof has been duly authorized by its management and governing board and no other action is or was required to be taken to permit
the execution, delivery and performance of this Agreement by Sub.
9.11 If allowed by the Prime Agreement and subject to Section 3.1 hereof, Sub shall have the right to include representations of, and information
regarding, Sub's work on the Project among Sub's professional materials, provided proper credit is given to C&B,which shall be identified as the
"Executive Lead Architect/Engineer", in all materials.
9.12 Any notice required hereunder will be in writing, addressed to the appropriate party at its address on the first page of this Agreement and given
personally, or by certified mail, postage prepared,or by a commercial courier service. All notices shall be effective upon the date of receipt.
Revised 9-9-05
Attachment "C"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK &WATER MAINS
MULTATECK ENGINEERING, INC. SERVICES
Carters: Burgess AGREEMENT FOR
SUBCONSULTANT SERVICES
Consultant: Carter & Burgess, Inc.
Address: 777 Main StreetsuYAS�.
Fort Worth, Texas 76102
PROJECT: PROJECT NUMBER: 013347.010
Subconsultant: Multatech Engineering, Inc. Contact: Victor A. Weir II, P.E.
Address: 1407 Texas St. #200
Fort Worth, TX 76102
Carter & Burgess, Inc. ("C&B" or "Consultant') has entered, or will enter, into an agreement ("Prime Agreement') with
("Client') and desires to employ Multatech Engineering, Inc. ("Sub" or "Subconsultant') to perform
certain professional services required of C&B according to the Prime Agreement.
SCOPE of SERVICES :
Reference:
FINAL FEE PROPOSAL
for
NORTHSIDE II, III & IV PUMP STATION, GROUND STORAGE
TANK &WATER MAINS
October 2005
COMPENSATION to be on a basis of:
Reference:
$205,000.00 per Attachment"C" of
FINAL FEE PROPOSAL
for
NORTHSIDE 11, 111 & IV PUMP STATION, GROUND STORAGE
TANK & WATER MAINS
October 2005
THE TERMS & CONDITIONS ATTACHED HERETO ARE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, C&B and Sub have executed this Agreement for Subconsultant Services ("Agreement'), to be
effective as of -<,k,.,.,)oj I I- , 2005.
MULT CH ENGWEERING4 INC., a Texas Corporation CARTER INC., a Texas corporation
By: e'er 00 By:
Name: /C A - {`✓C ale , .1� Name:-�� UAt_
Title: OCE Title: 1iL,N r,a V
DEC lle dbg`
Terms and Conditions to Agreement for Subconsultant Services
1.1 Sub covenants with C&B to furnish its best skill and judgment and to cooperate with Client's other consultants in furthering the interests of Client
and C&B. Sub agrees to furnish to C&B all services provided for herein, consistent with the terms of the Prime Agreement and applicable
professional standards in such professional manner as will permit C&B to perform all of its obligations to Client as provided in the Prime
Agreement,with respect to the services for which Sub is hereby employed. Sub shall endeavor to promote furtherance of the Project in the most
expeditious and economical manner consistent with the interests of Client and C&B and the requirements of this Agreement and the Prime
Agreement.
1.2 Sub agrees to work under the general direction of C&B and, if applicable, work with other consultants of Client. In no event shall C&B's general
direction be construed as C&B's assumption of Sub's duties. Sub is solely responsible for the professional quality, technical accuracy and timely
completion of its services.
1.3 Time is of the essence, and Sub agrees to undertake all necessary efforts to expedite the performance of its services,so that each phase of the
Project can be substantially completed within the time periods required by the Prime Agreement. Neither Sub nor C&B shall be deemed to be in
breach of this Agreement for delays caused by circumstances beyond their reasonable control, provided such circumstances also excuse
performance by C&B under the Prime Agreement. In the event of such delays, the affected party must give timely notice to the other party and
Client and undertake reasonable efforts to mitigate any delay.
1.4 Sub shall proceed with sufficient qualified personnel necessary to fully complete all services.Sub's personnel assigned to this Agreement shall be
subject to C&B's and Client's periodic review and approval. Sub's key personnel shall not be replaced without C&B's prior written consent. C&B
retains the right to request replacement, for reasonable cause, of any employee assigned by Sub to the Project. C&B's decisions in this regard
shall not be the basis for any claim for additional compensation by Sub or be construed as an assumption of Sub's duties.
1.5 Sub shall complete each phase of its services within the time and budget limits prescribed therefor.
2.1 Payment by C&B shall be subject to receipt of detailed invoices and subject to approval of C&B's Project Manager. Acceptance by Sub of final
payment shall operate as a release of C&B from all claims against C&B for additional compensation arising from services provided under this
Agreement.
2.2 Sub's listed rates shall not increase during its performance of services hereunder unless specifically approved by C&B in writing.
2.3 Sub shall pay all applicable fees,charges and expenses necessaryerformance of its services.
2.4 Sub shall submit partial payment invoices no later than the(t�7 day of each month, based on actual work accomplished and expenses incurred
during the preceding month. The format of the invoices shall be as approved by C&B and shall describe tasks accomplished, including percentage
of task completion, list hours expended by person and list expenses with receipts. Upon approval of each invoice, C&B shall submit it to Client
along with C&B's regular monthly billing.
2.5 Approval of an invoice by C&B shall not constitute a release of the responsibility and liability of Sub, its officers, agents, employees and
subcontractors for the accuracy and competency of their work; nor shall such approval be deemed an assumption of responsibdulty by C&B for any
defect in the work prepared by Sub,its officers,agents,employees and subcontractors. cv__,�O
2.6 C&B's obligation to compensate Sub is a "pay-when-paid"obligation. C&B shall have no obligation to pay Sub until business days
after C&B's receipt of payment from Client.
3.1 (a) It may be necessary for performance of this Agreement for a party (the "Disclosing Party") to disclose Confidential Information (as defined
below) to the other party (the "Receiving Party"). In such event, and to the extent allowed by the applicable law governing this Agreement, the
Receiving Party agrees to(i)maintain in strict confidence all Confidential Information disclosed to it by the Disclosing Party; (ii) limit access to the
Confidential Information solely to the Receiving Party's officers, directors, employees and agents who have the need to review the information in
connection with the undertakings of this Agreement; (iii) insure that persons with proper access to the Confidential Information will abide by the
terms of this Section 3.1;and(iv)use the Confidential Information solely in furtherance of this Agreement.
(b) For the purposes of this Section 3.1, "Confidential Information" shall mean (i) any information or material which is proprietary, sensitive or
confidential to the Disclosing Party,to any related entity of the Disclosing Party, or to any entity doing business with the Disclosing Party, and (ii)
any material designated as"Confidential Information"by the Disclosing Party, of which the Receiving Party may obtain knowledge or access as a
result of this Agreement.
(c) The Receiving Party shall continue to observe the requirements of this Section 3.1, notwithstanding the termination of this Agreement,for so
long as the Confidential Information remains proprietary and sensitive.
(d) In the event of a breach of this Section 3.1 by the Receiving Party,the Disclosing Party shall be entitled to injunctive relief in addition to any
other remedy,including claims for damages that it might otherwise have.
4.1 All of Sub's documentary work product, reports and correspondence to C&B under this Agreement and the intellectual property rights imbedded
therein, including without limitation all copyrights, shall be the property of C&B and, upon completion of this Agreement, such documentary work
product shall be promptly delivered to C&B in a reasonably organized form, without restriction on its future use by Client on any additional work
associated with the Project. Notwithstanding anything to the contrary herein,the provisions of the Prime Agreement shall govern the ownership of
the documentary work product and the intellectual property rights embedded therein. Sub ackno�ges that this agreement as to ownership rights
is supported by independent and sufficient consideration.
4.2 Client and C&B shall have access during the time this Agreement is in effect, and for_<17 3)years after the expiration of this Agreement,to all
of Sub's records and documents covering reimbursable expenses, actual base hourly rates, time cards and annual salary escalation records,
maintained in connection with this Agreement for purposes of auditing same at the sole cost of C&B or Client. Refusal by Sub to comply with this
Section 4.2 shall entitle C&B to withhold further payments to Sub until compliance is obtained
5.1 Sub shall not be considered an employee of C&B or Client, but shall occupy the status of independent contractor as a professional consultant to
C&B. Sub shall perform its tasks and duties consistent with such status, and will make no claim or demand for any right or privilege applicable to
an agent,servant or employee of C&B or Client,including, but not limited to,worker's compensation,disability benefits,tax withholding, accident or
health insurance, unemployment insurance,social security or retirement benefits.
6.1 Without limiting Sub's indemnification of C&B, Sub shall, at all times during the term of this Agreement, and for not less than two (2) years after
completion of all work performed hereunder,provide and maintain solely at its own expense,the following types of insurance, written by companies
authorized or approved in the state in which the Project is located or meeting surplus lines requirements of the state in which the Project is located
and acceptable to C&B, protecting the interests of C&B, with limits of liability not less than those specified hereafter: (a)Worker's Compensation
Insurance as required by law for the state in which the Project is located and in the states in which the Sub is domiciled, insuring against any and all
judgments arising out of workers' compensation claims in the amounts required by the statutes of such states, and Employer's Liability Insurance
with minimum coverage of $500,000 Each Accident, $500,000 Disease-Policy Limit, and $500,000 Disease-Each Employee. (b) Commercial
General Liability("CGL") Insurance, including Personal Injury Liability and Contractual Liability covering, but not limited to, this Agreement,with a
combined bodily injury (including death) and property damage minimum limit of $5,000,000 per occurrence, $5,000,000 annual aggregate.
Coverage shall be on an "occurrence" basis. These limits may be satisfied by a combination of general and umbrella liability policies.
(c)Automobile Liability Insurance including hired and non-owned automobile liability coverage in an amount not less than $1,000,000 combined
single limit for any hired,owned or non-owned vehicle used in the performance of work hereunder. These limits may be satisfied by a combination
Revised 9-9-0�
of automobile and umbrella liability policies. (d)Professional Liability Insurance in an amount not less than $1,000,000 per claim and annual
aggregate insuring Sub for professional errors or omissions in the performance of work hereunder.
6.2 Each insurance policy shall include the following conditions by endorsement to the policy:
(a) CGL and Automobile Liability policies shall be endorsed to name C&B, its officers,employees,and agents as additional insureds with respect
to operations performed by or on behalf of Sub in the performance of this Agreement. Each policy shall require that thirty(30)days prior to the
expiration,cancellation, non-renewal or any material change in coverage, a notice therefor shall be given to C&B by U.S.first class mail. Sub shall
also notify C&B within three(3)business days after receipt of any notices of expiration, cancellation, non-renewal or material change in coverage it
receives from its insurer. Coverage shall be continuous(by renewal or extended reporting period)until completion of•all'wdrk roquired by this
Agreement,and acceptance by C&B. (b)All policies shall contain a waiver of subrogation against C&B and Client. (c)The insurance shall be
evidenced by delivery to C&B of certificates of insurance,executed by the insurer or agent,listing coverage and limits,expirati0 date and term of
policy. C&B will not process payments to Sub until satisfactory evidence of all insurance coverage is received. (d)Companies issuing the
insurance policies shall have no recourse against C&B for payment of any premiums or assessments for any deductibles which all are the sole
responsibility and risk of Sub.
6.3 Sub shall provide copies of the insurance policies to C&B or Client, upon request.
7.1 SUB AGREES TO DEFEND, INDEMNIFY AND HOLD C&B, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY
DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE RELATED TO SUB'S
BREACH OF ANY OF SUB'S OBLIGATIONS HEREUNDER, OR BY ANY OTHER ACT OR OMISSION OF SUB, ITS OFFICERS, AGENTS,
EMPLOYEES OR SUBCONSULTANTS, IN THE PERFORMANCE OF SUB'S DUTIES HEREUNDER; EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF C&B, ITS
OFFICERS, EMPLOYEES OR SEPARATE CONSULTANTS AND CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH SUB AND C&B, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE COMPLETION OR TERMINATION OF THIS
AGREEMENT AND ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY
RIGHTS,CONTRACTUAL OR OTHERWISE,TO ANY OTHER PERSON OR ENTITY.
8.1 This Agreement may be terminated by C&B, by written notice to Sub, or at such time as the Prime Agreement is terminated. C&B may also
terminate this Agreement, upon five (5) days written notice to Sub, for C&B's convenience or upon Sub's failure to substantially perform in
accordance with the terms of this Agreement.On the effective date of any such termination,Sub shall cease all work on the Project.Within 30 days
after termination, Sub shall submit to C&B all files, calculations, exhibits, and other Project related documents and a final billing for all work
performed prior to the effective date of termination. Upon a termination based on Sub's failure to substantially perform in accordance with the terms
of this Agreement, (i)C&B may finish the work required hereunder by whatever reasonable method C&B may deem expedient; (ii) Sub shall not be
entitled to receive further payment until the work required hereunder is finished; (iii) if the unpaid balance due to Sub exceeds C&B's costs of
finishing the work required hereunder ("C&B's Completion Cost"), including compensation for necessary design professionals' services and
expenses and other damages incurred by C&B,such excess shall be paid to Sub; (iv)if C&B's Completion Costs exceed the unpaid balance due to
Sub,Sub shall pay the difference to C&B; and (v)subject to(ii), (iii)and(iv),above,Sub shall be entitled to receive only compensation for all work
done prior to the effective date of termination. Sub shall not be paid for loss of anticipated profits or revenues or other economic loss arising out of
or resulting from termination, regardless of the cause of termination.
8.2 In no event shall C&B's action of terminating this Agreement,whether for cause or otherwise, be deemed an exclusive election of C&B's remedies,
nor shall such termination limit, in any way, at law or at equity,C&B's right to seek damages from or otherwise pursue Sub for any default or breach
hereunder or other action.
9.1 This Agreement shall be binding on the parties hereto, their successors, assigns and representatives. Sub shall not transfer or assign this
Agreement or Sub's interest in or to this Agreement or any part hereof,without having first obtained C&B's and, if necessary,Client's prior written
consent.
9.2 This Agreement shall be governed by and construed solely in accordance with the laws of the State of Texas, except with respect to its conflicts of
law provision.This Agreement shall be performable in Fort Worth,Texas and exclusive venue for any legal action shall lie in Tarrant County, Fort
Worth,Texas.
9.3 Sub covenants and represents that Sub, its officers, employees, agents, and subconsultants will have no substantial financial interest, direct or
indirect, in product,materials or equipment that will be specified for the design or construction of the Project.
9.4 Any and all representations and conditions made by Sub under this Agreement shall survive the execution, delivery and termination of this
Agreement.
9.5 In the event of default by Sub herein, C&B shall have all rights and remedies afforded to it at law or in equity to recover damages and interpret or
enforce the terms hereof. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy
allowed at law or in equity.
9.6 Each provision and clause required by law or the Prime Agreement to be inserted into this Agreement shall be deemed to be included herein and
this Agreement shall be read and enforced as though each were physically included herein.
9.7 The failure on the part of C&B at any time to require the performance by Sub of any portion of this Agreement shall not be deemed a waiver of,or in
any way affect, C&B's rights to enforce such provision or any other provisions. Any waiver by C&B of any provision hereof shall not be taken or
held to be a waiver of any other provisions hereof or any other breach hereof.
9.8 This Agreement and the Exhibits, if any, referenced herein are incorporated herein for all purposes and, together, constitute the entire Agreement
and supersede all prior agreements and understandings between the parties concerning the subject matter hereof.
9.9 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other
provision of this Agreement.
9.10 Sub represents to C&B that Sub has full power and authority to execute, deliver and perform this Agreement, and the execution, delivery, and
performance hereof has been duly authorized by its management and governing board and no other action is or was required to be taken to permit
the execution,delivery and performance of this Agreement by Sub.
9.11 If allowed by the Prime Agreement and subject to Section 3.1 hereof, Sub shall have the right to include representations of, and information
regarding, Sub's work on the Project among Sub's professional materials, provided proper credit is given to C&B, which shall be identified as the
"Executive Lead Architect/Engineer", in all materials.
9.12 Any notice required hereunder will be in writing, addressed to the appropriate party at its address on the first page of this Agreement and given
personally,or by certified mail,postage prepared,or by a commercial courier service. All notices shall be effective upon the date of receipt.
iFF1 JL
CRYM.),E 11
``"i i
!d 9- .0.
June 13, 2005
Terry L. Foyt, P.E.
Senior Project Manager
Garter Burgess
MULTATECH P.O. Box 901058
ENGINEERING, INC. Fort Worth, TX 76101-2058
Re: Proposed NS II Ground Storage Tank
ALFRED SAENZ and NS III & IV Pump Station
WILLIAM A.MANNING,P.E.
VICTOR A.WEIR,II,P.E.
JACK A.OTTESON,P.E. Dear Mr. Foyt:
LAURENCE J.MALONEY,P.E.
Multatech Engineering, Inc. is pleased to re-submit an updated fee for professional
architectural, plumbing, HVAC, electrical & instrumentation design engineering on
the above referenced project. Based upon our prior meetings and MEI's
understanding of the project scope, the proposed revised fee is as follows:
I. Design Services
Architectural(10 sheets) $ 70,000
Plumbing/HVAC(3 sheets) $ 22,000
Electrical/Instrumentation(20 sheets) 73,000
Sub-Total Fee: $165,000
II. C/A Services $ 40,000
Grand Total: $205,00
Please note this fee is for complete engineering design services through bidding
including site concept layouts of pump station and ground storage tank and one
presentation perspective. C/A services covers shop drawing reviews,periodic site
visits, and record drawings.
Due to the fact that our original fee is almost 2 years old, we have increased the fee to
1407 TEXAS STREET cover past increases of salary expenses and future increase in expenses which will
SUITE 200
FORT WORTH,TEXAS occur during the project design, bidding, and construction phases.
78102-3428
MEI will be sub-contracting with the non-MBE firm of Walton & Walton to assist in
the construction documents phase. We have allocated $57,000 of the above fee for
PHONE(817)877-5571 this.
METRO(817)429-7457
FAX(817)8774245 Thank you for selecting us to be on your team. We look forward to working on this
project.
EMAIL
business@multatech.com
Sirely, .
/,n
ctor . Weir, II P.E. �ljA , ;
Principal JUN 1 5 2005
CART -
�`�a t1)��, �5,],iNNC.
0:/Proposal/2003/03000,24/NS Ill&N Pump-Fee Prop.Foyt-re-submit 6-10-05
WALTON V WALTON
A�RQR'T=9-102ZRTD" —TTrrrcrat08.MESION
1407 TEXAS ST.SUITE 104,FORT WORT$,TEX r G 76102
P.O.HOX 1990,FORT WORTS,TEXAS 76101
817-732-1336 817-737.4138 FA3'
June 13, 2005
Proposal to Provide Architectural Services
Sendera Northside 32 MGD Pump Station
City of Fort Worth Water Department
Services to Include:
• 2 Prelim Designs Schemes,
• One B&W Presentation Perspective
• Outline Cost Estimate
• 10 -11 Architectural Sheets incl. Architectural Site Plan
• Applicable Architectural Specifications using MasterSpec
• A.D.A. Submittal&Review(Not Including Registration Fee of About$1,500)
• Shop Drawing Submittal Review w/Color Selection.
• Construction Administration
$57,000 plus reimbursements
Respectfully Submitted,
Randall H. Walton, A.I.A.
Attachment "D"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK &WATER MAINS
MAS-TEK ENGINEERING, INC. SERVICES
CarternBurgess AGREEMENT FOR
SUBCONSULTANT SERVICES
a:
Consultant: Carter& Burgess, Inc.
Address: A` �
PROJECT: Northside II, III, IV, Improvements PROJECT NUMBER: 01-33` 7
Subconsultant: Mas-Tek Engineering & Associates Contact:
Address: 3228 Halifax Street, Suite B
Dallas, Texas 75247
Carter & Burgess, Inc. ("C&B" or "Consultant") has entered, or will enter, into an agreement ("Prime Agreement") with
("Client") and desires to employ Mas-Tek Engineering & Associates, Inc. ("Sub" or"Subconsultant") to perform
certain professional services required of C&B according to the Prime Agreement.
SCOPE of SERVICES : 50 Geotechnical Borings to depths of 15'to 50' at locations staked by Carter &
Burgess, laboratory testing and geotechnical report per Mas-Tek Proposal P03-0826E.
COMPENSATION to be on a basis of: Lump Sum of $55,650.00
THE TERMS & CONDITIONS ATTACHED HERETO ARE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, C&B and Sub have executed this Agreement for Subconsultant Services ("Agreement"), to be
effective as of November 17, 2005.
Mas-Tek Engineering & Associates, Inc., CARTER & BURGESS, INC., a Texas corporation
a Texas poration//
By:
Name: Mark J. Farrow, P.E. Name: < �
Title: Principal Title: �-z ,NC
Revised 9-9-05
Terms and Conditions to Agreement for Subconsultant Services
1.1 Sub covenants with C&B to furnish its best skill and judgment and to cooperate with Client's other consultants in furthering the interests of Client
and C&B. Sub agrees to furnish to C&B all services provided for herein, consistent with the terms of the Prime Agreement and applicable
professional standards in such professional manner as will permit C&B to perform all of its obligations to Client as, provided in the Prime
Agreement,with respect to the services for which Sub is hereby employed. Sub shall endeavor to promote furtherance of the Project in the most
expeditious and economical manner consistent with the interests of Client and C&B and the requirements of this Agreement and the Prime
Agreement.
1.2 Sub agrees to work under the general direction of C&B and, if applicable,work with other consultants of Client. In no event shall C&B's general
direction be construed as C&B's assumption of Sub's duties. Sub is solely responsible for the professional quality, technical accuracy and timely
completion of its services.
1.3 Time is of the essence, and Sub agrees to undertake all necessary efforts to expedite the performance of its services, so that each phase of the
Project can be substantially completed within the time periods required by the Prime Agreement. Neither Sub nor C&B shall be deemed to be in
breach of this Agreement for delays caused by circumstances beyond their reasonable control, provided such circumstances also excuse
performance by C&B under the Prime Agreement. In the event of such delays, the affected party must give timely notice to the other party and
Client and undertake reasonable efforts to mitigate any delay.
1.4 Sub shalt proceed with sufficient qualified personnel necessary to fully complete all services. Sub's personnel assigned to this Agreement shall be
subject to C&B's and Client's periodic review and approval. Sub's key personnel shall not be replaced without C&B's prior written consent. C&B
retains the right to request replacement, for reasonable cause, of any employee assigned by Sub to the Project. C&B's decisions in this regard
shall not be the basis for any claim for additional compensation by Sub or be construed as an assumption of Sub's duties.
1.5 Sub shall complete each phase of its services within the time and budget limits prescribed therefor.
2.1 Payment by C&B shall be subject to receipt of detailed invoices and subject to approval of C&B's Project Manager. Acceptance by Sub of final
payment shall operate as a release of C&B from all claims against C&B for additional compensation arising from services provided under this
Agreement.
2.2 Sub's listed rates shall not increase during its performance of services hereunder unless specifically approved by C&B in writing.
2.3 Sub shall pay all applicable fees,charges and expenses necessary for performance of its services.
2.4 Sub shall submit partial payment invoices no later than the (5th) day of each month, based on actual work accomplished and expenses incurred
during the preceding month. The format of the invoices shall be as approved by C&B and shall describe tasks accomplished, including percentage
of task completion, list hours expended by person and list expenses with receipts. Upon approval of each invoice, C&B shall submit it to Client
along with C&B's regular monthly billing.
2.5 Approval of an invoice by C&B shall not constitute a release of the responsibility and liability of Sub, its officers, agents, employees and
subcontractors for the accuracy and competency of their work; nor shall such approval be deemed an assumption of responsibility by C&B for any
defect in the work prepared by Sub, its officers,agents,employees and subcontractors.
2.6 C&B's obligation to compensate Sub is a"pay-when-paid"obligation. C&B shall have no obligation to pay Sub until_ten_(10)business days after
C&B's receipt of payment from Client.
3.1 (a) It may be necessary for performance of this Agreement for a party (the "Disclosing Party") to disclose Confidential Information (as defined
below) to the other party (the "Receiving Party"). In such event, and to the extent allowed by the applicable law governing this Agreement, the
Receiving Party agrees to(i) maintain in strict confidence all Confidential Information disclosed to it by the Disclosing Party; (ii) limit access to the
Confidential Information solely to the Receiving Party's officers, directors, employees and agents who have the need to review the information in
connection with the undertakings of this Agreement; (iii) insure that persons with proper access to the Confidential Information will abide by the
terms of this Section 3.1;and(iv)use the Confidential Information solely in furtherance of this Agreement.
(b) For the purposes of this Section 3.1, "Confidential Information" shall mean (i) any information or material which is proprietary, sensitive or
confidential to the Disclosing Party, to any related entity of the Disclosing Party, or to any entity doing business with the Disclosing Party, and (ii)
any material designated as"Confidential Information" by the Disclosing Party, of which the Receiving Party may obtain knowledge or access as a
result of this Agreement.
(c) The Receiving Party shall continue to observe the requirements of this Section 3.1, notwithstanding the termination of this Agreement,for so
long as the Confidential Information remains proprietary and sensitive.
(d) In the event of a breach of this Section 3.1 by the Receiving Party, the Disclosing Party shall be entitled to injunctive relief in addition to any
other remedy, including claims for damages that it might otherwise have.
4.1 All of Sub's documentary work product, reports and correspondence to C&B under this Agreement and the intellectual property rights imbedded
therein, including without limitation all copyrights, shall be the property of C&B and, upon completion of this Agreement, such documentary work
product shall be promptly delivered to C&B in a reasonably organized form, without restriction on its future use by Client on any additional work
associated with the Project. Notwithstanding anything to the contrary herein,the provisions of the Prime Agreement shall govern the ownership of
the documentary work product and the intellectual property rights embedded therein. Sub acknowledges that this agreement as to ownership rights
is supported by independent and sufficient consideration.
4.2 Client and C&B shall have access during the time this Agreement is in effect, and for five (5)years after the expiration of this Agreement,to all of
Sub's records and documents covering reimbursable expenses, actual base hourly rates, time cards and annual salary escalation records,
maintained in connection with this Agreement for purposes of auditing same at the sole cost of C&B or Client. Refusal by Sub to comply with this
Section 4.2 shall entitle C&B to withhold further payments to Sub until compliance is obtained
5.1 Sub shall not be considered an employee of C&B or Client, but shall occupy the status of independent contractor as a professional consultant to
C&B. Sub shall perform its tasks and duties consistent with such status, and will make no claim or demand for any right or privilege applicable to
an agent,servant or employee of C&B or Client, including, but not limited to,worker's compensation,disability benefits,tax withholding, accident or
health insurance,unemployment insurance,social security or retirement benefits.
6.1 Without limiting Sub's indemnification of C&B, Sub shall, at all times during the term of this Agreement, and for not less than two (2) years after
completion of all work performed hereunder, provide and maintain solely at its own expense,the following types of insurance,written by companies
authorized or approved in the state in which the Project is located or meeting surplus lines requirements of the state in which the Project is located
and acceptable to C&B, protecting the interests of C&B, with limits of liability not less than those specified hereafter: (a)Worker's Compensation
Insurance as required by law for the state in which the Project is located and in the states in which the Sub is domiciled,insuring against any and all
judgments arising out of workers'compensation claims in the amounts required by the statutes of such states, and Employer's Liability Insurance
with minimum coverage of $500,000 Each Accident, $500,000 Disease-Policy Limit, and $500,000 Disease-Each Employee. (b) Commercial
General Liability ("CGL") Insurance, including Personal Injury Liability and Contractual Liability covering, but not limited to, this Agreement, with a
combined bodily injury (including death) and property damage minimum limit of $5,000,000 per occurrence, $5,000,000 annual aggregate.
Coverage shall be on an "occurrence" basis. These limits may be satisfied by a combination of general and umbrella liability policies.
(c)Automobile Liability Insurance including hired and non-owned automobile liability coverage in an amount not less than $1,000,000 combined
single limit for any hired, owned or non-owned vehicle used in the performance of work hereunder. These limits may be satisfied by a combination
Revised 9-9-05
of automobile and umbrella liability policies. (d)Professional Liability Insurance in an amount not less than $1,000,000 per claim and annual
aggregate insuring Sub for professional errors or omissions in the performance of work hereunder.
6.2 Each insurance policy shall include the following conditions by endorsement to the policy:
(a) CGL and Automobile Liability policies shall be endorsed to name C&B,its officers,employees,and agents as additional insureds with respect
to operations performed by or on behalf of Sub in the performance of this Agreement. Each policy shall require that thirty(30)days prior to the
expiration,cancellation,non-renewal or any material change in coverage,a notice therefor shall be given to C&B by U.S.first class mail. Sub shall
also notify C&B within three(3)business days after receipt of any notices of expiration,cancellation, non-renewal or material change in coverage it
receives from its insurer. Coverage shall be continuous(by renewal or extended reporting period) until completion of all work required by this
Agreement,and acceptance by C&B. (b)All policies shall contain a waiver of subrogation against C&B and Client. (c)The insurance shall be
evidenced by delivery to C&B of certificates of insurance,executed by the insurer or agent,listing coverage and limits,expiration date and term of
policy. C&B will not process payments to Sub until satisfactory evidence of all insurance coverage is received. (d)Companies issuing the
insurance policies shall have no recourse against C&B for payment of any premiums or assessments for any deductibles which all are the sole
responsibility and risk of Sub.
6.3 Sub shall provide copies of the insurance policies to C&B or Client, upon request.
7.1 SUB AGREES TO DEFEND, INDEMNIFY AND HOLD C&B, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY
DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE RELATED TO SUB'S
BREACH OF ANY OF SUB'S OBLIGATIONS HEREUNDER, OR BY ANY OTHER ACT OR OMISSION OF SUB, ITS OFFICERS, AGENTS,
EMPLOYEES OR SUBCONSULTANTS, IN THE PERFORMANCE OF SUB'S DUTIES HEREUNDER; EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF C&B, ITS
OFFICERS, EMPLOYEES OR SEPARATE CONSULTANTS AND CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH SUB AND C&B, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE COMPLETION OR TERMINATION OF THIS
AGREEMENT AND ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY
RIGHTS,CONTRACTUAL OR OTHERWISE,TO ANY OTHER PERSON OR ENTITY.
8.1 This Agreement may be terminated by C&B, by written notice to Sub, or at such time as the Prime Agreement is terminated. C&B may also
terminate this Agreement, upon five (5) days written notice to Sub, for C&B's convenience or upon Sub's failure to substantially perform in
accordance with the terms of this Agreement.On the effective date of any such termination,Sub shall cease all work on the Project.Within 30 days
after termination, Sub shall submit to C&B all files, calculations, exhibits, and other Project related documents and a final billing for all work
performed prior to the effective date of termination. Upon a termination based on Sub's failure to substantially perform in accordance with the terms
of this Agreement, (i)C&B may finish the work required hereunder by whatever reasonable method C&B may deem expedient; (ii)Sub shall not be
entitled to receive further payment until the work required hereunder is finished; (iii) if the unpaid balance due to Sub exceeds C&B's costs of
finishing the work required hereunder ("C&B's Completion Cost"), including compensation for necessary design professionals' services and
expenses and other damages incurred by C&B,such excess shall be paid to Sub; (iv)if C&B's Completion Costs exceed the unpaid balance due to
Sub, Sub shall pay the difference to C&B;and(v)subject to(ii), (iii)and (iv), above, Sub shall be entitled to receive only compensation for all work
done prior to the effective date of termination. Sub shall not be paid for loss of anticipated profits or revenues or other economic loss arising out of
or resulting from termination,regardless of the cause of termination.
8.2 In no event shall C&B's action of terminating this Agreement,whether for cause or otherwise, be deemed an exclusive election of C&B's remedies,
nor shall such termination limit,in any way,at law or at equity, C&B's right to seek damages from or otherwise pursue Sub for any default or breach
hereunder or other action.
9.1 This Agreement shall be binding on the parties hereto, their successors, assigns and representatives. Sub shall not transfer or assign this
Agreement or Sub's interest in or to this Agreement or any part hereof,without having first obtained C&B's and, if necessary, Client's prior written
consent.
9.2 .This Agreement shall be governed by and construed solely in accordance with the laws of the State of Texas,except with respect to its conflicts of
law provision.This Agreement shall be performable in Fort Worth,Texas and exclusive venue for any legal action shall lie in Tarrant County, Fort
Worth,Texas.
9.3 Sub covenants and represents that Sub, its officers, employees, agents, and subconsultants will have no substantial financial interest, direct or
indirect,in product,materials or equipment that will be specified for the design or construction of the Project.
9.4 Any and all representations and conditions made by Sub under this Agreement shall survive the execution, delivery and termination of this
Agreement.
9.5 In the event of default by Sub herein,C&B shall have all rights and remedies afforded to it at law or in equity to recover damages and interpret or
enforce the terms hereof. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy
allowed at law or in equity.
9.6 Each provision and clause required by law or the Prime Agreement to be inserted into this Agreement shall be deemed to be included herein and
this Agreement shall be read and enforced as though each were physically included herein.
9.7 The failure on the part of C&B at any time to require the performance by Sub of any portion of this Agreement shall not be deemed a waiver of, or in
any way affect, C&B's rights to enforce such provision or any other provisions. Any waiver by C%B of any provision hereof shall not be taken or
held to be a waiver of any other provisions hereof or any other breach hereof.
9.8 This Agreement and the Exhibits, if any, referenced herein are incorporated herein for all purposes and, together, constitute the entire Agreement
and supersede all prior agreements and understandings between the parties concerning the subject matter hereof.
9.9 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other
provision of this Agreement.
9.10 Sub represents to C&B that Sub has full power and authority to execute,deliver and perform this Agreement, and the execution, delivery, and
performance hereof has been duly authorized by its management and governing board and no other action is or was required to be taken to permit
the execution,delivery and performance of this Agreement by Sub.
9.11 If allowed by the Prime Agreement and subject to Section 3.1 hereof, Sub shall have the right to include representations of, and information
regarding, Sub's work on the Project among Sub's professional materials, provided proper credit is given to C&B, which shall be identified as the
"Executive Lead Architect/Engineer", in all materials.
9.12 Any notice required hereunder will be in writing, addressed to the appropriate party at its address on the first page of this Agreement and given
personally,or by certified mail, postage prepared, or by a commercial courier service. All notices shall be effective upon the date of receipt.
vR��IJ f4� Revised 9-9-05
August 28, 2003
Mr. Terry Foyt, P.E. Phn: (817) 735-6202
Senior Project Manager Fax: (817) 735-6148
Carter & Burgess, Inc.
777 Main Street
Fort Worth, Texas 76102
Re: Subsurface Exploration Borings and
Geotechnical Investigation Proposal
Sendera Northside Transmission Main
Fort Worth, Texas
Mas-Tek Proposal No. P03-0826E
Dear Mr. Foyt:
Mas-Tek Engineering and Associates is pleased to submit this proposal to perform subsurface
exploration borings and provide a geotechnical report for the above referenced project.
PROJECT INFORMATION
This project is for the construction of the Sendera Northside 32 MGD Pump Station constructed
at grade, a 5,000,000 gallon Ground Storage Tank and associated 42-inch Water Transmission
Main. The project will be located northwest of the City of Haslet in the City of Fort Worth. The
pump station and ground storage tank will be located at the northwest corner of the Sendera
Ranch Development. The storage tank will be approximately 40 feet tall and 150 feet in
diameter. The water transmission main will run from the proposed ground storage tank
traveling east, turning and traveling south and connecting to an existing 36-inch main in the
north side of the City of Haslet. The total length of the transmission main will be about 31,000
lineal feet.
DRILLING AND SAMPLING
A total of fifty (50) borings are proposed for this investigation as outlined below. It is anticipated
that most borings will be drilled through existing roadways.
Pump Station: 5 Borings to 30'
Ground Storage Tank: 5 Borings to 50'
Tunnel Sections: 12 Borings to 30'
Aerial Creek Crossings: 3 Borings to 30'
Transmission Main: 25 Borings to 15'
Carter & Burgess, Inc.
Sendera Northside Transmission Main
Fort Worth, Texas
Mas-Tek Proposal No. P03-0826E
September 15, 2005
Page 2
All borings are to be staked by client in areas accessible to truck mounted equipment and at
locations that will not require traffic control or flagmen. Ground elevations at each boring
location will be provided by client.
Mas-Tek will sample non-cohesive overburden with a split-spoon sampler. Standard penetration
tests will be made to ascertain relative density of material by measuring the blow count and
recording per ASTM Standards. In cohesive overburden materials, Mas-Tek will take
undisturbed samples using a Shelby tube sampler. Samples will be preserved for laboratory
testing. Rock will be cored with a double-tube NX core barrel at the tunnel locations. All soil and
rock core samples will be placed in standard cardboard core boxes..
Borings will be logged in the laboratory under the supervision of a Senior Geotechnical
Engineer. The recovery and rock RQD for each core run performed will be measured and
reported on the boring logs.
GROUNDWATER
The depth where groundwater is first encountered will be reported on the boring logs. All
borings will be backfilled with cuttings and patched with concrete after completion.
CARE AND HANDLING OF SAMPLES
Soil Samples. Disturbed soil samples will be sealed in plastic bags to prevent loss of moisture.
Undisturbed cohesive soil samples will be sealed to prevent loss of moisture and shrinkage.
Cohesive soils will be extruded from the sample tube immediately after the sample is obtained
and placed in plastic sample bags. Soil samples will then be placed in standard cardboard core
boxes.
Rock Core Samples. Rock samples selected for laboratory testing will be specially handled
and designated as "Special Core". Selected samples of rock core for laboratory testing will be
one to two feet in length of unbroken sample, if possible. Depths of greatest interest will be
specified for each boring to guide the geologist or engineer logging the rock in selection of
appropriate samples for laboratory testing. In addition, samples containing apparent Bentonite
seams or evidence of fracture filling material, or samples exhibiting more argillaceous facies, will
also be selected for handling as "Special Core" to insure preservation of these more fragile
characteristics which can be important for design. The "Special Core" samples will be placed in
plastic bags to prevent moisture loss. All other cores of testable length will also be placed in
Carter & Burgess, Inc.
Sendera Northside Transmission Main
Fort Worth, Texas
Mas-Tek Proposal No. P03-0826E
September 1.5, 2005
Page 3
plastic sample bags.
All core will be stored in an environmentally controlled (heated/air-conditioned) warehouse until
the final geotechnical report is completed. The core will be disposed of 30 days after the final
report is completed. If the City of Fort Worth desires, the core can be delivered to their facility at
an additional charge as indicated on attachment. Mas-Tek should be notified after the final
report is completed.
LABORATORY TESTING
Prior to beginning the laboratory testing program, all soil and rock core will be carefully
examined by the undersigned Senior Geotechnical Consultant. Selected samples will be
properly preserved and delivered to our testing laboratory for classification and strength testing.
For estimating purposes, we have assumed the following type of tests will be performed:
• Atterberg Limits Tests
• Moisture Content Tests
• Unit Weight Determinations
• Unconfined Compression Tests
Also, pocket penetrometer readings will be performed on all clay and shale samples. The results
of all pocket penetrometer readings will be reported on the boring logs along with field Standard
Penetration Test results.
SAMPLE LOCATIONS AND TEST PROCEDURES
Samples to be preserved and sent to the laboratory will be selected. Generally, in a micro-
tunnel section of the project, samples for unconfined testing will be taken at representative
locations 10 feet above the crown and at the crown
GEOTECHNICAL REPORT
Mas-Tek will furnish the engineer five (5) copies of a Geotechnical Report detailing the
investigation, subsurface conditions, boring logs with rock RQD and results of laboratory testing.
Recommendations will be provided for design and construction of proposed improvements
detailed in this proposal.
Carter & Burgess, Inc.
Sendera Northside Transmission Main
Fort Worth, Texas
Mas-Tek Proposal No. P03-0826E
September 15, 2005
Page 4
UTILITY CLEARANCE AND RIGHTS-OF-ENTRY
The Owner or Client will provide right-of-entry for drilling during normal working hours. Any
dozer assistance required to access boring locations with conventional truck mounted
equipment must also be provided by Client. Mas-Tek will be responsible for utility clearance
coordination.
TERMS AND CONDITIONS
We have assumed that we will be provided with right-of-entry to the property and that the boring
locations will be accessible to conventional truck mounted drilling equipment during normal
working hours. It is assumed that all borings will be drilled at locations that will not require traffic
control or flagmen. Any existing underground utilities will be located by Mas-Tek prior to drilling
activities. Invoices for work performed will be submitted the middle of each month and are
payable within 30 days.
CLOSURE
We look forward to working with you on this project. Should you have any questions, please
contact the undersigned at your convenience. If acceptable, please sign below as our
authorization to proceed.
Sincerely,
MAS-TEK ENGINEERING & ASSOCIATES, INC.
Mark J. Farrow, P.E.
Principal
Approved by:
Date:
Signature
Title
PRELIMINARY INVESTIGATION
PROJECT BUDGET SUMMARY
-
£ ";_La�
timated-
nit'Cost-: Cost'.
y
FIELD INVESTIGATION
Permits, Clearing, Bonds, Special Insurance & Dozer Cost+ 10%
Work
Pavement Penetrations/Patching 40 ea $60.00 $2,400.00
Traffic Control 0 ea $0.00 $0.00
30 hr. $88.00 $2,640.00
Site Reconnaissance, Field & Laboratory Coordination, 40 hr. $45.00 $1,800.00
Utility Clearance by Geotechnical Consultants/Aide
8 hr. $120.00 $960.00
Field Trips, ea. 10 $30.00 $300.00
Rig Mobilization & Support Vehicles per day 10 $250.00 $2,500.00
Soil Drilling & Sampling 925 $10.00 $9,250.00
Continuous Rock Coring 300 $20.00 $6,000.00
Logging, Sample Handling, Waxing by Geologist/day 0 $700.00 $0.00
2" Groundwater Monitor Well, feet 0 $20.00 $0.00
Additional Well Installation, Labor, and Purging, hour 0 $150.00 $0.00
Cardboard Core Boxes, ea. 0 $10.00 $0.00
Well Covers, Well Materials Lump Sum $0.00 $0.00
Grouting Boreholes per TNRCC, foot 0 $10.00 $0.00
Penetration Tests, ea. 195 $20.00 $3,900.00
ESTIMATED FIELD SUBTOTAL $29,750.00
LABORATORY TESTS
Atterberg Limits Tests, ea. 50 $45.00 $2,250.00
Moisture Content, ea. 200 $5.00 $1,000.00
Unconfined Compressive Strength Tests, ea. 45 $40.00 $1,800.00
Swell Tests (Pressure-Swell), ea. 12 $220.00 $2,640.00
Hand Penetrometer(Strength-Swell Profiling), ea. 250 $2.00 $500.00
Splitting Tensile, ea. 0 $80.00 $0.00
Grain Size 10 $55.00 $550.00
Unit Weight, ea. 60 $17.00 $1,020.00
Consolidation, ea. 3 $350.00 $1,050.00
-200 Sieve 10 $30.00 $300.00
Jar Slake 0 $100.00 $0.00
Direct Shear 0 650.00 $0.00
ESTIMATED LABORATORY SUBTOTAL $11,110.00
PROJECT BUDGET SUMMARY
ry > vig-
z Estimated Es# mated F Est/i+matedi
� k r=COSI ary'
tUhits
SOIL/CORE EXAMINATION, SAMPLE REWRAPPING, MONITORING WATER LEVELS
Project Manager, Senior Geotechnical Consultant, hr. 40 $120.00 $4,800.00
Project Engineer, hr. 60 $88.00 $5,280.00
Engineering Aide, hr. 20 $45.00 $900.00
AutoCAD Technician, hr. 40 $50.00 $2,000.00
Trip Charge . 0 $30.00 $0.00
Well purging, sampling,testing,water quality 0 1,100.00 $0.00
Clerical, hr. 20 $45.00 $900.00
Meetings, Design Coordination w/Consultant Team hr. 8 $120.00 $960.00
Reimbursables, Bailers, Core Spacers, Transport, etc. Lump Sum $250.00 $250.00
ESTIMATED ENGINEERING SUBTOTAL $14,790.00
STORAGE OF CORE, PRE-BID PRESENTATION ON-SITE, PRE-CONSTRUCTION
PRESENTATION ON-SITE
Environmental Controlled Core Storage (month) 0 $150.00 $0.00
Core Transport to Site Pre-Bid and Pre-Construction tris 0 $500.00 $0.00
Core Pre-Bid Presentation/Pre-Construction Meetings ea. 0 $750.00 $0.00
ESTIMATED STORAGE/PRESENTATION SUBTOTAL $0.00
X &
114
r z,,...n....iL
WON 0141
,� "k'�;a
*� �ESTIMAD TOTAL $55650 011e
,:r hk n.73+f G aTE
atFs #a.tiajra - ^ RIM i .:s .�.,� ,
as M_ u
?x"'w
*Does not include any clearing, dozer work, permits or bonds required for access by truck
mounted drilling equipment. Does not include re-drilling for borings if requested by Client or
Owners Consultant if low core recovery occurs due to inclusions within formation or blockage
within core barrel caused by jointing orientation, bentonite/clay seams or any other reason.
Proposal estimate does not include any other special handling cost that is not identified and/or
included.
Additional Charges
Grouting boreholes $10.00/ft.
Delivery of Core to COFW Time and Materials Indicated above.
Attachment "E"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK &WATER MAINS
ELK ENGINEERING, INC, SERVICES
CarternBurgess AGREEMENT FOR
SUBCONSULTANT SERVICES
Consultant: Carter & Burgess, Inc. ,
Address:
R
PROJECT: PROJECT NUM!35,,I33'19N ANA B
Subconsultant: ELK Engineering Associates, Inc. Contact: Craig K. Bender
Address: 8950 Forum Way crai-qba-elkeng.com
Fort Worth, TX 76140
Carter & Burgess, Inc. ("C&B" or "Consultant') has entered, or will enter, into an agreement ("Prime Agreement") with
•_Mlient') and desires to employ Elk Engvroft,`!25 ("Sub" or "Subconsultant') to perform certain
professional services required of C&B according to the Prime Agreement.
SCOPE OF SERVICES
See Attached
THE TERMS & CONDITIONS ATTACHED HERETO ARE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, C&B and Sub have executed this Agreement for Subconsultant Services ("Agreement'), to be
effective as of I 1 e , 200-5.
[NAM F SUBCONS TANT], CARTER & BURGESS, INC.,a Texas corporation
a [St t and Type of nt y]
By: ZN`�
7 By:
Name: Craig K. Bender. Name: �vv-:j C- tgco- ,9•E -
Title: Proiect Manager Title: N. a. U
Revised 9-9-05
Terms and Conditions to Agreement for Subconsultant Services
1.1 Sub covenants with C&B to furnish its best skill and judgment and to cooperate with Client's other consultants in furthering the interests of Client
and C&B. Sub agrees to furnish to C&B all services provided for herein, consistent with the terms of the Prime Agreement and applicable
professional standards in such professional manner as will permit C&B to perform all of its obligations to Client as provided in the Prime
Agreement,with respect to the services for which Sub is hereby employed. Sub shall endeavor to promote furtherance of the Project in the most
expeditious and economical manner consistent with the interests of Client and C&B and the requirements of this Agreement and the Prime
Agreement.
1.2 Sub agrees to work under the general direction of C&B and, if applicable, work with other consultants of Client. In no event shall C&B's general
direction be construed as C&B's assumption of Sub's duties. Sub is solely responsible for the professional quality,technical accuracy and timely
completion of its services.
1.3 Time is of the essence, and Sub agrees to undertake all necessary efforts to expedite the performance of its services, so that each phase of the
Project can be substantially completed within the time periods required by the Prime Agreement. Neither Sub nor C&B shall be deemed to be in
breach of this Agreement for delays caused by circumstances beyond their reasonable control, provided such circumstances also excuse
performance by C&B under the Prime Agreement. In the event of such delays,the affected party must give timely notice to the other party and
Client and undertake reasonable efforts to mitigate any delay.
1.4 Sub shall proceed with sufficient qualified personnel necessary to fully complete all services.Sub's personnel assigned to this Agreement shall be
subject to C&B's and Client's periodic review and approval. Sub's key personnel shall not be replaced without C&B's prior written consent. C&B
retains the right to request replacement, for reasonable cause, of any employee assigned by Sub to the Project. C&B's decisions in this regard
shall not be the basis for any claim for additional compensation by Sub or be construed as an assumption of Sub's duties.
1.5 Sub shall complete each phase of its services within the time and budget limits prescribed therefor.
2.1 Payment by C&B shall be subject to receipt of detailed invoices and subject to approval of C&B's Project Manager. Acceptance by Sub of final
payment shall operate as a release of C&B from all claims against C&B for additional compensation arising from services provided under this
Agreement. L oe*> fZ-IZ-oS
2.2 Sub's listed rates shall not increase during its performance of services unless specifically approved by C&B in writing.
2.3 Sub shall pay all applicable fees,charges and expenses necessarygo performance of its services.
2.4 Sub shall submit partial payment invoices no later than the(1n)day of each month,based on actual work accomplished and expenses incurred
during the preceding month. The format of the invoices shall be as approved by C&B and shall describe tasks accomplished,including percentage
of task completion, list hours expended by person and list expenses with receipts. Upon approval of each invoice, C&B shall submit it to Client
along with C&B's regular monthly billing.
2.5 Approval of an invoice by C&B shall not constitute a release of the responsibility and liability of Sub, its officers, agents, employees and
subcontractors for the accuracy and competency of their work;nor shall such approval be deemed an assumption of resp bili by C&B for any
defect in the work prepared by Sub,its officers,agents,employees and subcontractors. � dS5- IY-tz-LfS
2.6 C&B's obligation to compensate Sub is a "pay-when-paid"obligation. C&B shall have no obligation to pay Sub until-teA LC business days
after C&B's receipt of payment from Client.
3.1 (a) It may be necessary for performance of this Agreement for a party (the "Disclosing Party") to disclose Confidential Information(as defined
below) to the other party (the "Receiving Party"). In such event, and to the extent allowed by the applicable law governing this Agreement, the
Receiving Party agrees to(i)maintain in strict confidence all Confidential Information disclosed to it by the Disclosing Party; (ii)limit access to the
Confidential Information solely to the Receiving Party's officers, directors, employees and agents who have the need to review the information in
connection with the undertakings of this Agreement; (iii) insure that persons with proper access to the Confidential Information will abide by the
terms of this Section 3.1;and(iv)use the Confidential Information solely in furtherance of this Agreement.
(b) For the purposes of this Section 3.1, "Confidential Information" shall mean (i) any information or material which is proprietary,sensitive or
confidential to the Disclosing Party, to any related entity of the Disclosing Party, or to any entity doing business with the Disclosing Party, and(ii)
any material designated as"Confidential Information"by the Disclosing Party, of which the Receiving Party may obtain knowledge or access as a
result of this Agreement.
(c) The Receiving Party shall continue to observe the requirements of this Section 3.1, notwithstanding the termination of this Agreement,for so
long as the Confidential Information remains proprietary and sensitive.
(d) In the event of a breach of this Section 3.1 by the Receiving Party, the Disclosing Party shall be entitled to injunctive relief in addition to any
other remedy,including claims for damages that it might otherwise have.
4.1 All of Sub's documentary work product, reports and correspondence to C&B under this Agreement and the intellectual property rights imbedded
therein, including without limitation all copyrights, shall be the property of C&B and, upon completion of this Agreement,such documentary work
product shall be promptly delivered to C&B in a reasonably organized form, without restriction on its future use by Client on any additional work
associated with the Project. Notwithstanding anything to the contrary herein,the provisions of the Prime Agreement shall govern the ownership of
the documentary work product and the intellectual property rights embedded therein.,Sub ackno�wlleoes that this a�eement as to ownership rights
is supported by independent and sufficient consideration. �9 �V.0-`V,> vZ-1?-o>
4.2 Client and C&B shall have access during the time this Agreement is in effect,and for L- q.J 3)years after the expiration of this Agreement,to all
of Sub's records and documents covering reimbursable expenses, actual base hourly rates, time cards and annual salary escalation records,
maintained in connection with this Agreement for purposes of auditing same at the sole cost of C&B or Client. Refusal by Sub to comply with this
Section 4.2 shall entitle C&B to withhold further payments to Sub until compliance is obtained
5.1 Sub shall not be considered an employee of C&B or Client, but shall occupy the status of independent contractor as a professional consultant to
C&B. Sub shall perform its tasks and duties consistent with such status,and will make no claim or demand for any right or privilege applicable to
an agent,servant or employee of C&B or Client,including,but not limited to,worker's compensation,disability benefits,tax withholding,accident or
health insurance,unemployment insurance,social security or retirement benefits.
6.1 Without limiting Sub's indemnification of C&B, Sub shall, at all times during the term of this Agreement, and for not less than two (2)years after
completion of all work performed hereunder,provide and maintain solely at its own expense,the following types of insurance,written by companies
authorized or approved in the state in which the Project is located or meeting surplus lines requirements of the state in which the Project is located
and acceptable to C&B, protecting the interests of C&B, with limits of liability not less than those specified hereafter: (a)Worker's Compensation
Insurance as required by law for the state in which the Project is located and in the states in which the Sub is domiciled,insuring against any and all
judgments arising out of workers'compensation claims in the amounts required by the statutes of such states, and Employer's Liability Insurance
with minimum coverage of $500,000 Each Accident, $500,000 Disease-Policy Limit, and $500,000 Disease-Each Employee. (b) Commercial
General Liability("CGL") Insurance, including Personal Injury Liability and Contractual Liability covering, but not limited to, this Agreement, with a
combined bodily injury (including death) and property damage minimum limit of $5,000,000 per occurrence, $5,000,000 annual aggregate.
Coverage shall be on an "occurrence" basis. These limits may be satisfied by a combination of general and umbrella liability policies.
(c)Automobile Liability Insurance including hired and non-owned automobile liability coverage in an amount not less than $1,000,000 combined
single limit for any hired,owned or non-owned vehicle used in the performance of work hereunder. These limits may be satisfied by a combination
Revised 9-9-05
of automobile and umbrella liability policies. (d)Professional Liability Insurance in an amount not less than $1,000,000 per claim and annual
aggregate insuring Sub for professional errors or omissions in the performance of work hereunder.
6.2 Each insurance policy shall include the following conditions by endorsement to the policy:
(a) CGL and Automobile Liability policies shall be endorsed to name C&B,its officers,employees,and agents as additional insureds with respect
to operations performed by or on behalf of Sub in the performance of this Agreement. Each policy shall require that thirty(30)days prior to the
expiration,cancellation,non-renewal or any material change in coverage,a notice therefor shall be given to C&B by U.S.first class mail. Sub shall
" also notify C&B within three(3)business days after receipt of any notices of expiration,cancellation,non-renewal or material change in coverage it
receives from its insurer. Coverage shall be continuous(by renewal or extended reporting period)until completion of all work required by this
Agreement,and acceptance by C&B. (b)All policies shall contain a waiver of subrogation against C&B and Client. (c)The insurance shall be
evidenced by delivery to C&B of certificates of insurance,executed by the insurer or agent,listing coverage and limits,expiration date and term of
policy. C&B will not process payments to Sub until satisfactory evidence of all insurance coverage is received. (d)Companies issuing the
insurance policies shall have no recourse against C&B for payment of any premiums or assessments for any deductibles which all are the sole
responsibility and risk of Sub.
6.3 Sub shall provide copies of the insurance policies to C&B or Client,upon request.
7.1 SUB AGREES TO DEFEND, INDEMNIFY AND HOLD C&B, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY
DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE RELATED TO SUB'S
BREACH OF ANY OF SUB'S OBLIGATIONS HEREUNDER, OR BY ANY OTHER ACT OR OMISSION OF SUB, ITS OFFICERS, AGENTS,
EMPLOYEES OR SUBCONSULTANTS, IN THE PERFORMANCE OF SUB'S DUTIES HEREUNDER; EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF C&B, ITS
OFFICERS, EMPLOYEES OR SEPARATE CONSULTANTS AND CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH SUB AND C&B, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE COMPLETION OR TERMINATION OF THIS
AGREEMENT AND ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY
RIGHTS,CONTRACTUAL OR OTHERWISE,TO ANY OTHER PERSON OR ENTITY.
8.1 This Agreement may be terminated by C&B, by written notice to Sub, or at such time as the Prime Agreement is terminated. C&B may also
terminate this Agreement, upon five (5) days written notice to Sub, for C&B's convenience or upon Sub's failure to substantially perform in
accordance with the terms of this Agreement.On the effective date of any such termination,Sub shall cease all work on the Project.Within 30 days
after termination, Sub shall submit to C&B all files, calculations, exhibits, and other Project related documents and a final billing for all work
performed prior to the effective date of termination. Upon a termination based on Sub's failure to substantially perform in accordance with the terms
of this Agreement,(1)C&B may finish the work required hereunder by whatever reasonable method C&B may deem expedient;(ii)Sub shall not be
entitled to receive further payment until the work required hereunder is finished; (iii) if the unpaid balance due to Sub exceeds C&B's costs of
finishing the work required hereunder ("C&B's Completion Cost"), including compensation for necessary design professionals' services and
expenses and other damages incurred by C&B,such excess shall be paid to Sub;(iv)if C&B's Completion Costs exceed the unpaid balance due to
Sub,Sub shall pay the difference to C&B;and (v)subject to(ii), (iii)and (iv),above,Sub shall be entitled to receive only compensation for all work
done prior to the effective date of termination. Sub shall not be paid for loss of anticipated profits or revenues or other economic loss arising out of
or resulting from termination,regardless of the cause of termination.
8.2 In no event shall C&B's action of terminating this Agreement,whether for cause or otherwise,be deemed an exclusive election of C&B's remedies,
nor shall such termination limit,in any way,at law or at equity,C&B's right to seek damages from or otherwise pursue Sub for any default or breach
hereunder or other action.
9.1 This Agreement shall be binding on the parties hereto, their successors, assigns and representatives. Sub shall not transfer or assign this
Agreement or Sub's interest in or to this Agreement or any part hereof,without having first obtained C&B's and, if necessary, Client's prior written
consent.
9.2 This Agreement shall be governed by and construed solely in accordance with the laws of the State of Texas,except with respect to its conflicts of
law provision.This Agreement shall be perfornable in Fort Worth,Texas and exclusive venue for any legal action shall lie in Tarrant County,Fort
Worth,Texas.
9.3 Sub covenants and represents that Sub, its officers, employees, agents, and subconsultants will have no substantial financial interest, direct or
indirect,in product,materials or equipment that will be specified for the design or construction of the Project.
9.4 Any and all representations and conditions made by Sub under this Agreement shall survive the execution, delivery and termination of this
Agreement.
9.5 In the event of default by Sub herein, C&B shall have all rights and remedies afforded to it at law or in equity to recover damages and interpret or
enforce the terms hereof. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy
allowed at law or in equity.
9.6 Each provision and clause required by law or the Prime Agreement to be inserted into this Agreement shall be deemed to be included herein and
this Agreement shall be read and enforced as though each were physically included herein.
9.7 The failure on the part of C&B at any time to require the performance by Sub of any portion of this Agreement shall not be deemed a waiver of,or in
any way affect, C&B's rights to enforce such provision or any other provisions. Any waiver by C&B of any provision hereof shall not be taken or
held to be a waiver of any other provisions hereof or any other breach hereof.
9.8 This Agreement and the Exhibits,if any, referenced herein are incorporated herein for all purposes and, together, constitute the entire Agreement
and supersede all prior agreements and understandings between the parties concerning the subject matter hereof.
9.9 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other
provision of this Agreement.
9.10 Sub represents to C&B that Sub has full power and authority to execute, deliver and perform this Agreement, and the execution, delivery, and
performance hereof has been duly authorized by its management and governing board and no other action is or was required to be taken to permit
the execution,delivery and performance of this Agreement by Sub.
9.11 If allowed by the Prime Agreement and subject to Section 3.1 hereof, Sub shall have the right to include representations of, and information
regarding, Sub's work on the Project among Sub's professional materials, provided proper credit is given to C&B,which shall be identified as the
"Executive Lead Architect/Engineer",in all materials.
9.12 Any notice required hereunder will be in writing, addressed to the appropriate party at its address on the first page of this Agreement and given
personally,or by certified mail, postage prepared,or by a commercial courier service. All notices shall be effective upon the date of receipt.
N.
4Z,: i Revised 9-9-05
ELK ENGINEERING ASSOCIATES, INC.
8950 Forum Way, Fort Worth, TX 76140
817.568.8590 ♦FAX 817.568.8590
TOLL FREE 1.800.442.5641
8 June 2005
Mr. Terry Foyt, PE
Carter - Burgess
P. O. Box 985006
Fort Worth, TX 76185-5006
Re: Proposal for Corrosion Control Design Services
Sendera Northside Pump Station, Ground Storage Tank,
and Water Line
Proposal Number 05-0605
Dear Mr. Foyt:
We appreciate the opportunity provided Elk Engineering Associates, Inc. (ELK) to provide a cathodic
protection design for the water line, ground storage reservoir, and the pump station yard piping. We
propose the following Scope of Work for this project.
I. SCOPE OF WORK
A. Design Services
1. All design work shall be under the direction of a licensed PE (TX) with dual
accreditation by NACE International as a Corrosion Specialist and a Cathodic
Protection Specialist. All field-testing shall be performed by NACE International
accredited Corrosion Technicians, Corrosion Technologist, or Senior Corrosion
Technologist.
2. After the proposed pipeline right-of-way has been staked, ELK will take soil
resistivity (SR), pH tests, and other tests deemed necessary along the proposed
pipeline right-of-way, pump station, and storage tank locations. Measurements
will be taken at intervals averaging about every 1/2 mile over the pipeline right-of-
way. The number of tests may increase if we see significant variations in
electrical resistivity between the test sites. The SR tests will be performed using
the Wenner 4-pin test procedure. We will use pin spacings to test the soil at
depths of 5, 10, 15, and 20 feet per test. ELK will measure soil pH with a
standard antimony electrode, a copper/copper sulphate reference electrode, and
a digital D.C. multimeter such as a Fluke Model 87 or equivalent. ELK will
investigate potential interference problems with foreign pipeline crossings that
have cathodic protection systems.
3. ELK will contact the Fort Worth water department to determine the water source
and the resistivity or TDS of the water for use in designing a corrosion control
system in the advent that the storage tanks is fabricated from welded steel plate.
Proposal for Corrosion Control Design Services 8 June 05
Sendera Northside Pump Station, Ground Storage Tank, Page 2
and Water Line
Proposal Number 05-0603
We will also review the latest technology to determine if cathodic projection is
required in a concrete storage tank.
4. ELK will review the design drawings and specifications during each phase of the
submittal process, or when required, to assure that no conflicts exist between the
proposed corrosion control design and the other team member's designs. Any
conflicts between the designs will be brought to both Carter & Burgess and the
responsible consultant for further review and coordination.
5. ELK will prepare a specification or specifications for a comprehensive corrosion
control design based upon our investigations and design reviews listed above for
all phases of the project. Preparation of a coating specification for ductile iron
and steel pipe is excluded from this proposal.
6. ELK will provide all corrosion control details to pertain to the design of the
system.
7. ELK will prepare an opinion of probable cost for the corrosion control systems for
each phase of the project.
B. Submittals
1. ELK will submit hard copies of the specification for review in a format matching
the overall style of the design package. We will submit an electronic copy of the
specification via email or CD when requested or required by C&B or the Client.
2. ELK will provide hard copies of marked up detail drawings and digital copies of
the required details, in digital exchange format (DXF) format, for incorporation
into a cathodic protection detail sheet. C&B will provide two sets of full size
drawings for our review and markup before each submittal. We will redline the
drawings for any changes, additions, or deletions that are required. C&B shall
provide all drafting services.
II. CONSTRUCTION SUPPORT SERVICES
A. Services
1. ELK will provide construction support services to the Contractor, Client, or
Owner on an "as-needed" basis, including, but not limited to
a. Submittal reviews
b. Project clarifications
C. Periodic construction meetings and observations
d. System commissioning
e. Final acceptance testing
2. Final acceptance testing is based on one set of tests for each phase of the
project. In the event that the systems fail to perform as designed due to
construction deficiencies, and additional testing is required, the Contractor shall
be responsible for all costs associated with additional testing.
Revised 9-9-05
Proposal for Corrosion Control Design Services 8 June 05
Sendera Northside Pump Station, Ground Storage Tank, Page 3
and Water Line
Proposal Number 05-0603
III. FEE
A. Design Services
1. For the basic services listed in Section I, we propose the following Fixed Fee of
a. Transmission Main $ 10,500.00
b. Pump Station $ 2,700.00
C. Water Tank $ 2,800.00
B. Construction Support Services
1. For the basic services listed in Section II, we propose the following Not-to-
Exceed (NTE) cap of
a. Transmission Main $20,000.00
b. Pump Station $ 4,200.00
C. Water Tank $ 2,700.00
d. ELK will bill C&B, per the attached fee schedule through the duration of
this project, based on the actual hours used, up to the NTE cap amount. If
additional hours are required, ELK will submit a request stating our
reasons for the additional hours. Backup copies of time sheets and job
accounting records for fieldwork will be provided with all invoices.
IV. WORK SCHEDULE
A. ELK will commence work on this project immediately following your written "Notice to
Proceed" or Contract and will schedule the fieldwork at a mutually agreed upon time.
B. Design work will commence upon receipt of initial pipeline alignment sheets, pump
station site utility drawings, and water tank design drawings.
V. TERMS AND CONDITIONS G
A. All invoices afe-Net39: w A\ r J���,� Z �
VI. PROVIDED BY C&B o
IZ-R'mb
A. C&B will provide all drafting services including printing or plotting required by ELK.
NT"
1�o .:t!�✓U� L iISGUo Revised 9-9-05 -
Proposal for Corrosion Control Design Services 8 June 05
Sendera Northside Pump Station, Ground Storage Tank, Page 4
and Water Line
Proposal Number 05-0603
We look forward to working with Carter Burgess on this project. If there are any questions concerning
this quotation, please feel free to contact the undersigned.
Sincerely,
E Engineering Associates, Inc.
Craig K. der
CKB/sj
Encl.: (1)
File: S:\Bids\FY2005\06Bids\05-'0603.doc
Revised 9-9-05
ELK Engineering Associates, Inc.
8950 Forum Way, Fort Worth, TX 76140
817.568.8585 ♦Fax: 817.568.8590
„ 1.800.442.5641
www.eikeng.com
FEE SCHEDULE
(Effective 1 January 2005)
Fee Schedule: For services of qualified personnel in problem evaluation,testing, engineering, design,specification
preparation,installation,inspection, supervision and CAD.
Charges: Based on normal eight-hour day. Weekends and holidays may be billed at 1.5 times normal rates.
Personnel time is billed in 0.1-hour increments.
All Work: Performed under the supervision of a Professional Engineer or Accredited Corrosion Specialist.
Field Time: Time is calculated portal-to-portal from the office where personnel are based.
Terms: Net 30 days. Interest of 1-1/2%per month charged on all past due accounts.
All payments in USD.
RATES PER HOUR
Professional Engineer $135.00
Water Chemistry Consultant $105.00
NACE International Corrosion/Cathodic Protection Specialist $110.00
Staff Engineer(E.I.T.) $75.00
NACE International Paint&Coating Inspector Quote
NACE International Senior Corrosion Technologist $85.00
NACE International Corrosion Technologist $75.00
NACE International Corrosion Technician, Senior Status $64.00
NACE International Corrosion Technician $58.00
Corrosion Technician in Training $48.00
Corrosion Helper $39.00
CAD Operator&System $54.00 to$84.00
Word Processing/Clerical $40.00
EXPENSES
Travel Expense Cost+ 15%
Equipment Cost+ 15%
Sub-Contract Labor Cost+ 15%
Construction Materials Cost+25%
CHARGES PER MILE
4-Wheel Drive Pickup Truck $0.65
Pickup Truck $0.55
Compact Pickup Truck $0.52
Automobile $0.47
RATES PER HOUR FOR OVERSEAS TRAVEL
Professional Engineer $210.00
Water Chemistry Consultant $160.50
NACE International Senior Corrosion Technologist $135.00
Corrosion Technologist $112.50
Corrosion Technician $90.00
ATTACHMENT "F"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK &TRANSMISSION MAINS
DESCRIPTION OF PROJECT
This project is for the construction of the Northside II, III & IV Pump Station, Ground Storage Tank
and Water Mains. The project will be located northwest of the City of Haslet in the City of Fort
Worth. The pump station and ground storage tank will be located at the northwest corner of the
Sendera Ranch Development. The water transmission main will run from the from the proposed
ground storage tank traveling east, turning and traveling south and connecting to an existing 36-
inch main in the north side of the City of Haslet.
The project will include, but not limited, to the following:
32 MGD PUMP STATION:
• Northside III & IV pump station housed in a single brick veneer or precast concrete building
of approximately 10,000 square feet.
• Including 4— high pressure pumps to serve Northside III
• Including 4— high pressure pumps to serve Northside IV.
• Including 1 —cross beam bridge crane.
• Including architectural, structural, mechanical, electrical, plumbing, HVAC, cathodic
protection and other appurtenances.
• Including site civil work.
5,000,000 GALLON GROUND STORAGE TANK:
• Northside II ground storage tank with a concrete foundation. The type (concrete and/or
steel) of tank will be determined during design.
• Including valuing, piping, vaults, instrumentation, cathodic protection and other
appurtenances.
• Including site civil work.
42-INCH WATER TRANSMISSION MAIN:
• Approximately 29,140 linear feet of 42-inch Northside II water transmission water main.
The exact length of the main will be determined during alignment determination and design.
• Including gate valves, air & vacuum release valves, blow-offs w/ gate valves, fittings, a
cathodic protection system and other appurtenances.
36 & 24-INCH WATER TRANSMISSION MAIN:
• Approximately 12,300 linear feet of 36 and 24-inch Northside III water transmission water
main. The exact length of the main will be determined during alignment determination and
design.
• Including gatevalves, air & vacuum release valves, blow-offs w/ gate valves, fittings, fire
hydrants, a cathodic protection system and other appurtenances.
ATTACHMENT "G"
OPINION OF PROBABLE COST
NORTHSIDE il, III & IV PUMP STATION, GROUND STORAGE TANK&WATER MAIN
BID UNIT TOTAL
QUANTITY UNITS WORK DESCRIPTION PRICE AMOUNT
5 MG-Ground Storage Tank
5,000,000 GAL. Structural/Tank/Foundation $0.25 $1,250 000
1 % Tank A urtenances 10% $125,000 $125,000
Subtotal $1,375,000
15%Contingencies, $206,250
GRAND TOTAL $1,581,250
G-2
ATTACHMENT "G"
OPINION OF PROBABLE COST
NORTHSIDE II, III & IV PUMP STATION, GROUND STORAGE TANK &WATER MAIN
BID UNIT TOTAL
QUANTITY UNITS WORK DESCRIPTION PRICE AMOUNT
32 MGD-PUMPING STATION
Civil/Site Work
750 S.Y. Concrete Paving $50.00 $37,500
280 L.F. New 5'Sidewalk $17.00 $4,760
2 L.S. Valve Vaults $15,000.00 $30,000
4,900 C.Y. Grade Work $10.00 $49,000
1,300 C.Y. lExcavating $5.00 $6,500
1,300 C.Y. Structural Fill $12.00 $15,600
1 L.S. 1-1/2 Inch Water Line $500.00 $500
1 L.S. City Tap and Meter $500.00 $500
1,800 L.F. Fence and Gates $15.00 $27,000
5 AC. Clear and Grub $2,700.00 $13,500
131,000 S.F. I Seeding $0.10 $13,100
Pump Station
1,200 C.Y. Total Concrete $400;00 $480,000
10,000 S.F. Building System $125.00 $1,250,000
1 L.S. HVAC/Plumbing $75,000.00 $75,000
1 EA. ICross Beam Bridge Crane& Rails $50,000.00 $50,000
31,000 S.F. I Paint $2.00 $62,000
Pumping Mechanical Piping Systems
8 EA. High Pressure Pumps and Controls (4-NS III,4-NS IV) $126,500.00 $1,012,000
8 EA. 14"Butterfly Valve $12,700.00 $101,600
8 EA. 12"Butterfly Valve $10,600.00 $84,800
8 EA. 12"Ball Valve with Air/Oil Actuator and PLC $13,400.00 $107,200
2 L.S. ISurge Relief System (each pressure plane) $26,000.00 $52,000
2 EA. Gate Valve w/EMO $50,000.00 $100,000
1,000 L.F. Steel Piping $190.00 $190,000
1 L.S. Steel Fittings 35%of pipe) $48,108.00 $66,500
1 L.S. Pipe Supports $3,000.00 $3,000
1 L.S. Sump Pump System $2,600.00 $2,600
2 L.S. I Pressure Sensor Vault $25,000.00 $50,000
1 % ....Piping Appurtenances @ 5% $88,485.00 $88,485
Electrical/SCADA
1 LS Lump Sum $850,000.00 $850,000
Subtotal $4,823,145
15%Contingencies $723,472
GRAND TOTALI $5,546,617
G-1
ATTACHMENT "G"
OPINION OF PROBABLE COST
NORTHSIDE II, III & IV PUMP STATION, GROUND STORAGE TANK&WATER MAIN
BID UNIT TOTAL
QUANTITY UNITS WORK DESCRIPTION PRICE AMOUNT
42-Inch Water Transmission Main
28,140 L.F. 42"Prestressed Concrete Cylinder Water Main all depths) $145.00 $4,080,300
1,000 L.F. 42"Prestressed Concrete Cylinder Water Main w/Casing trenchless $650.00 $650,000
1 L.S. Concrete Pressure Pie Fittings $225,000.00 $225,000
8 EA. 42"Resilant Wedge Gate Valve and Access Vault $100,000.00 $800,000
14 EA. 2"Combination Air&Vacuum Release Valve&Vault $4,000.00 $56,000
14 EA. 6"Blow-Off w/6-Inch Gate Valve and Sump Manhole $5,000.00 $70,000
1 L.S. Cathodic Protection System $100,000.00 $100,000
100 C.Y. Rock Ri -Ra 15"-8" 2'Dee $30.00 $3,000
1,000 S.Y. 8"Concrete Pavement Repair $55.00 $55,000
200 S.Y. 2"As halt Pavement Repair $40.00 $8,000
28,140 L.F. Trench Safety $2.00 $56,280
1 L.S. Erosion Control $15,000.00 $15,000
1 L.S. Traffic Control $10,000.00 $10,000
156,333 S.Y. H dromul hing $0.50 $78,167
3,000 L.F. Remove and Install 5-Strand Barbed Wire Fence $5.00 $15,000
Subtotal $6,221,747
15%Contingencies $933,262
GRAND TOTAL $7,155,009
G-3
ATTACHMENT "G"
OPINION OF PROBABLE COST
NORTHSIDE II, III & IV PUMP STATION, GROUND STORAGE TANK&WATER MAIN
BID UNIT TOTAL
QUANTITY UNITS WORK DESCRIPTION PRICE AMOUNT
36-Inc -Inch Water Transmission Main
9,200 L.F. 36"Prestressed Concrete Cylinder Water Main all depths) 125.00 $1,150,000
2,600 L.F. 24"Prestressed Concrete Cylinder Water Main all depths) 90.00 $234,000
500 L.F. 24"Prestressed Concrete Cylinder Water Main w/Casing trenchless $450.00 $225,000
1 L.S. Concrete Pressure Pipe Fittings $95,000.00 $95,000
3 EA. 36"Resilant Wedge Gate Valve and Access Vault $60,000.00 $180,000
3 EA. 24"Resilant Wedge Gate Valve and Access Vault $25,000.00 $75,000
6 EA. 2"Combination Air&Vacuum Release Valve&Vault $4,000.00 $24,000
6 EA. 6"Blow-Off w/6-Inch Gate Valve and Sump Manhole $5,000.00 $30,000
12 EA. Fire H drant Assembly $3,500.00 $42,000
1 L.S. Cathodic Protection System $50,000.00 $50,000
50 C.Y. Rock Rip- a 15"-8" 2'Dee $30.00 $1,500
200 S.Y. 8"Concrete Pavement Repair $55.00 $11,000
100 S.Y. 2"Asphalt Pavement Repair $40.00 $4,000
11,800 L.F. Trench Safety $1.00 $11,800
1 L.S. Erosion Control $5,000.00 $5,000
1 L.S. Traffic Control $5,000.00 $5,000
Subtotal $2,143,300
15%Contingencies $321,495
GRAND TOTAL $2,464,795
G-4
ATTACHMENT "H"
DESIGN AND SURVEY FEES
I. PUMP STATION & GROUND STORAGE TANK
BASIC SERVICES FIRM FEES %
PROVIDING
BASIC SERVICES (TSPE CURVE "A")
Construction Documents
Const Cost = $7,127,867 x 6.2% $441,928 77.6%
Includes:
Architectural 6 $70,000
Plumbing/HVAC 6 $22,000
Elect. / Instrumentation 6 $73,000
Construction Administration 6 $40,000
Civil/Mechanical 1 $236,928
Subtotal $441,928 77.6%
SPECIAL SERVICES
Project Coordination 1 $25,000 4.4%
Platting & Platting Fees 1 $5,000 0.9%
Design Surveying 1 $5,000 0.9%
Geotechnical Investigation 2 $11,103 1.9%
Cathodic Protection 3 $12,400 2.2%
Surge Analysis 4 $15,000 2.6%
Technical Oversight 5 $18,000 3.2%
Storm Water Pollution Prevention Plans 1 $5,000 0.9%
10% Sub Markup 1 $26,150 4.6%
Expenses 1 $5,000 0.9%
Subtotal $127,653 22.4%
TOTAL OF ITEM 1 $569,581 100.0%
FIRMS
1 Carter& Burgess, Inc-Prime
2 MasTek Engineering - Geotechnical (M/WBE)
3 ELK Engineering -Cathodic Protection
4 Chiang, Patel &Yerby-Surge Analysis (M/WBE)
5 Chiang, Patel &Yerby-Technical Review(M/WBE)
6 Multatech -Arch./Plumbing/HVAC/Electrical/Instrumentation (M/WBE)
.lf �
H-1
II. 42-INCH WATER TRANSMISSION MAIN
BASIC SERVICES FIRM FEES %
PROVIDING
BASIC SERVICES (TSPE CURVE "B")
Construction Documents
Const Cost = $7,155,009 x 5.2% 1 $372,060 50.4%
Subtotal $372,060 50.4%
SPECIAL SERVICES
Project Coordination 1 $30,000 4.1%
Routing Study 1 $30,000 4.1%
Design Surveying 1 $129,774 17.6%
Easement Preparation 1 $15,000 2.0%
Geotechnical Investigation 2 $31,976 4.3%
Cathodic Protection 3 $21,960 3.0%
Surge Analysis 4 $15,000 2.0%
Permitting 1 $45,000 6.1%
Storm Water Pollution Prevention Plans 1 $15,000 2.0%
Traffic Control Plans 1 $15,000 2.0%
10% Sub Markup 1 $6,894 0.9%
Expenses 1 $10,000 1.4%
Subtotal $365,604 49.6%
TOTAL OF ITEM II $737,664 100.0%
FIRMS
1 Carter& Burgess, Inc- Prime
2 MasTek Engineering - Geotechnical (M/WBE)
3 ELK Engineering -Cathodic Protection
4 Chiang, Patel &Yerby-Surge Analysis (M/WBE)
TJ2�O
H-2
Ill. 36-INCH &24-INCH WATER TRANSMISSION MAIN
BASIC SERVICES FIRM FEES %
PROVIDING
BASIC SERVICES (TSPE CURVE "B")
Construction Documents
Const Cost =$2,464,795 x 5.4% 1 $133,099 48.8%
Subtotal $133,099 48.8%
SPECIAL SERVICES
Project Coordination 1 $10,000 3.7%
Routing Study 1 $10,000 3.7%
Design Surveying 1 $50,426 18.5%
Easement Preparation 1 $5,000 1.8%
Geotechnical Investigation 2 $12,435 4.6%
Cathodic Protection 3 $8,540 3.1%
Surge Analysis 4 $10,000 3.7%
Permitting 1 $15,000 5.5%
Storm Water Pollution Prevention Plans 1 $5,000 1.8%
Traffic Control Plans 1 $5,000 1.8%
10% Sub Markup 1 $3,098 1.1%
Expenses 1 $5,000 1.8%
Subtotal $139,499 51.2%
TOTAL OF ITEM III $272,598 100.0%
FIRMS
1 Carter& Burgess, Inc- Prime
2 MasTek Engineering-Geotechnical (M/WBE)
3 ELK Engineering -Cathodic Protection
4 Chiang, Patel &Yerby-Surge Ananysis (M/WBE)
H-3
IV. FEE SUMMARY FEES
BASIC SERVICES $947,087
SPECIAL SERVICES $632,755
GRAND TOTAL $1,579,842
H-4
Attachment "I"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK&WATER MAINS
M/WBE PARTICIPATION
ATTACHMENT "I"
NORTHSIDE PUMP STATON, GST &WATERLINES
M/WBE PARTICIPATION
October 11, 2005
TASK FIRM FEES
Pump Station Architectural Multatech $70,000
Pump Station Plumbing / HVAC Multatech $22,000
Pump Station Electrical / Instrumentation Multatech $73,000
Pump Station Construction Administration Multatech $40,000
Pump Station Geotechnical MasTek $11,103
Pump Station Technical Oversight Chiang, Patel & Yerby $18,000
Pump Station Surge Analysis Chiang, Patel & Yerby $15,000
42-Inch Geotechnical MasTek $31,976
42-Inch Surge Analysis Chiang, Patel & Yerby $15,000
36-Inch & 24-Inch Geotechnical MasTek $12,435
36-Inch & 24-Inch Surge Analysis Chiang, Patel & Yerby $10,000
TOTAL M/WBE FEES $318,514
TOTAL FEE $1,579,842
% M/WBE FEE 20.16%
Attachment "J"
NORTHSIDE II, III & IV PUMP STATION,
GROUND STORAGE TANK &WATER MAINS
PROJECT SCHEDULE
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/15/2005
DATE: Tuesday, November 15, 2005
LOG NAME: 60SENDERARANCH REFERENCE NO.: C-21159
SUBJECT:
Authorize Execution of a Community Facilities Agreement with One Sendera Ranch, L.P., and Two
SR, L.P., for the Design of the Sendera Ranch Pump Station and Ground Storage Tank, the
Northside II 42-inch Approach Water Main and the Northside III Water Main
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a community facilities
agreement with One Sendera Ranch, L.P., and Two SR, L.P., for the design of the Sendera Ranch Pump
Station and Ground Storage Tank, the Northside II 42-inch Approach Water Main and the Northside III
Water Main to serve the Sendera Ranch, Sendera Ranch East and adjacent developments.
DISCUSSION:
On September 15, 1998, (M&C C-18878) the City Council authorized the execution of a developer's
agreement to provide adequate water around the Alliance Airport area including areas to the west of
Alliance Airport. On December 11, 2001, (M&C C-18878) the City Council authorized the execution of a
Development Agreement for Sendera Ranch, which provided for the construction of a 36-inch water main
to the proposed Sendera Ranch development for water service. Current water studies are showing that the
rapid growth in this area could result in water shortages as early as the summer of 2007, if additional water
supply facilities are not installed as identified in the current Water Master Plan (2004).
The proposed water facilities include a 42-inch Northside II water main, from the existing 48-inch water line
in the Alliance Airport area, to a proposed Sendera Ranch Pump Station and 5 Million Gallon (MG) Ground
Storage Tank in the Sendera Ranch development. The Northside III water main will provide additional
service to the Sendera Ranch and Sendera Ranch area and adjacent properties. The Sendera Ranch
Pump Station will be capable of pumping water to Northside III and Northside IV pressure plane areas,
which include the zone 287 annexed area.
The Developers have agreed to participate in the engineering and construction costs, estimated to be
$18,327,000, of the Sendera Ranch 42-inch approach water main, pump station and ground storage tank,
with the City. The development agreement is in the process of being negotiated. However to meet the
schedule of additional water service by the summer of 2007, the design must start as soon as possible.
The Sendera Ranch Developer has agreed to pay all the developer's engineering costs at this time, if the
City agrees to pay its portion of the engineering costs as shown.
Engineering Costs
Developer's Cost $693,448.00
City's Cost $886.395.00
Total Cost $1,579,843.00
This community facilities agreement represents the collective effort of the Water Department and the
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/16/2006
Page 2 of 2
Developer's (Senders Ranch, Sendera East and Hillwood Development) to address the future water
demand issue and provide orderly growth in this area.
The proposed Engineer is providing 20% MWBE participation for the design work.
The development is located in COUNCIL DISTRICTS 2 and 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P160 539140 060160151850 $886,395.00
Submitted for City Manager's Office by Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: David Townsend (8369)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/16/2006