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HomeMy WebLinkAboutContract 35217e d �� +.�Jw�L..�...�! i� �/p,"�1y� 1���`��.�� -�>���9i�� '�.(� � .�7A,-9 � CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and Nichols, Inc., (the "ENGINEER"), for a PROJECT entitled "Lake Worth Comprehensive Capital Improvement Implementation Project", with the purpose to compile the recommendations of previous studies for improvements at and around the Lake Worth Reservoir, and to prepare a detailed Capital Improvements Plan focused upon implementation of these recommendations. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article I!I Terrns of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The ENGINEER shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. � � 1r i 'G .r�i� Of(�1 _�_ �I(�i�:J�r'S J�1��.'��;�:,�I�:�� '' �j', ,� ��r�}�'q'� !��'�/" 3 1(J� II �/ C��ll�":�'.:, .�`: U f Y ^����ii��i�C ���I ���I� l'( o '��% 1; Y �� y ... 4 V c Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with the design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurFace evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any rnanner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, -2- site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the e�ent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or qualify of perFormance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, -3- PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the Engineer to ascertain that the construction contractor ha completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any work , materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the CITY has goals for the participation of minority business enterprises and woman business enterprises in CITY contracts. ENGINEER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. � (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGIIVEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits, which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers_ as �;���.� �� _ _5- � - n- i �r' �� ':i?r il �7 �;� f��t�� � + ��;yu ;ll�il:;���;�{'"d�, :fl1, . �; �;�7]"� �j�''`' � r`:�vU':CB:� U'�G�.e i. volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on documentation requirements. part of the CITY to request required insurance shall not constitute a waiver of the insurance (d) A minimum of thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to S. Frank Crumb, P.E., Acting Director, Water Department, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (I) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any � L. M N. � insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (I) All insurance required in section Liability insurance policy, shall be order to be approved by the CITY. K., except for the Professional written on an occurrence basis in (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential confticts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. Asbestos or Hazard�us Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting -7- permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facifities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance af its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perForm, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY wil! examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope of the : ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release the ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by the ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Oniy the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. � I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C A. Auihorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. -10- C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Susperosion, Delay, or Interruption to Work The GITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. -11- (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort inctuding negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and perFormance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If inediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become -12 - � u ���: � ��!: :� �:' � :�u.., �;� � _�n�� - , , t ���;;7 �:1� � .;�'..,.�: ��:.a:.� �li _;k_ . !..�.. � .� �il��� �r_,n shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. THIS SPACE INTENTI00VALLY LEFT BLANK -13- Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B- Compensation and Schedule Exhibit B-1 - Method of Payment Exhibit B-2 - Compensation - Lump Sum Exhibit B-3A - Fee Summary Exhibit B-3B - Manhour Breakdown Executed this the ol�day of l , 2007 ATTEST: ��j9 ,^� ��r . l � �°��� 4�` ��` ��'�``I! _ C .. 5 � � C-� " � i Marty Hendrix �` � r City Secretary APPRO�D AS TO FORM AND LE ALITY ��� ;? �' � _ �,.� ���� � , r�. , , .;� � ��; Assistant; ity Attorney I C� t�.ac� �u�;tiQri�ati�� —1 �—) � .i � �a�� CITY OF FORT WORTH , � gy: P �✓Z MacOt Assistant City Manager APPROVAL RECOMMENDED ` ' '� i/ '�� - � i %, ���n�%'� -----�'�; ��S. Frank Crumb, P.E. Director of Water Department Freese and Nichols, Inc. � , , � i By: Robert F. Pence, P.E., BCEE Vice President and CEO , ,�; , �5 ,_� ,, ; _ - L ��, G ^�. -14- vf�Jl,��:�� U�SV+��,;C�, �;�u'u ���!�����C% � ��, ':`v';✓j'�'�� ��Gti�, � ' - �... ATTACHMENT "A" Scope of Services Lake Worth Comprehensive Capital Improvement Imp6ernentation Project Project Number Purpose: The purpose of this project will be to compile the recommendations of previous studies for improvements at and around the Lake Worth Reservoir, and to prepare a detailed Capital Improvements Plan focused upon implementation of these recommendations. This project will assume that funding for these CIP projects will be OWNER revenues from gas well leasing bonuses and royalties at and around the Lake Worth Reservoir. Other supplementary funding sources will be included in the analysis as directed by the OWNER. Phase I Data Gatherinq and Improvements Analysis: Upon written notice to proceed from the OWNER, FNI will begin the data gathering and improvements analysis phase. FNI will perform the following planning services: 1. Attend one preliminary kickoff ineeting with the OWNER to discuss the goals of the implementation plan, project schedule, available funding sources, funding distributions, previous study recommendations, and additional improvements desired by the OWNER. Obtain copies of previous studies, recommendations, and data from the OWNER. OWNER will provide copies of all applicable studies and supporting exhibits to FNI. 2. Attend up to 4 meetings other than those listed below with the OWNER during Phase I to review project progress and gather input on the proposed projects. Recreational and Naviqational Improvements: 1. Assist the OWNER with a meeting with a Steering Committee made up of the applicable City Departments, the Lake Worth Alliance, and other members as indicated by the OWNER. The meeting will be to discuss previously recommended projects and to receive comments from the Steering Committee on implementation of the projects. Provide the OWNER with up to 5 full-size maps mounted on foam board, showing the locations of the proposed projects. Assist the OWNER with recording and responding to any comments received. The main topics of these meetings will include dredging, stump removal, boat dock and boat ramp removal/improvements, navigational devices, and any proposed City Park improvements. Provide the OWNER with suggested names to assist the Steering Committee in giving a public name to the project. 2. Assist the OWNER with identification and location of proposed boat dock and boat ramp removals and improvements. Prepare a full size map showing the project locations and types of improvements or removals. Prepare general scope descriptions for each type of removal and improvement. -1- 3. Review any available results of the dredging pilot study associated with dredging and disposal constraints, cost and production rates, the feasibility of in-lake disposal versus off-site disposal, potential disposal sites, and locations where shoreline reclamation by dredging disposal is feasible. It is understood that the dredging pilot study (by others) will primarily address in-lake disposal, and that this project will include generation of cost estimates for off- site proposal. Prepare a map showing dredging and disposal options, and highlighting the recommended methods. 4. Evaluate costs and benefits for dredging contract alternatives, including design-bid-construct arrangement, contractor-on-call arrangement, and in-house dredging capability. 5. Assist the OWNER with the determination of recommended dredging depths and limits, based upon the dredging pilot study, previous studies, public input, and recreational/navigational benefits and constraints. 6. Evaluate and provide recommendations on dimensions for typical dredging projects, including depth, width, and length, based upon any available results of the dredging pilot study. Determine the costs and benefits of initial-pass dredging, followed by final contouring, versus establishing final contouring for each dredging project. 7. Review any available test data for contaminate levels in the Reservoir sediment and determine approximate locations where special dredging and disposal measures will need to be considered based upon the available test data. 8. Evaluate the potential for the OWNER to purchase a boat, sonar equipment, and GPS unit to help determine the areas that need stump removal. Obtain from the OWNER estimates of the locations and number of tree stumps to be removed. Evaluate which areas of stump removal can be combined with the dredging or boat ramp/boat dock projects, and which areas of stump removal can be stand-alone projects. Prepare a map showing the proposed stump removal areas, quantities of stumps in each area, and project combination locations. 9. Based upon the recommended limits of dredging, stump removal, and boat ramp/boat dock improvements and upon navigational needs, prepare a recommended plan of navigational devices. These devices should include buoys, colored floats, lighting, and warning signs. Consider varying Reservoir levels in the staging of the navigational devices. Prepare a map showing the recommended navigational devices. 10. Assist the OWNER with determination of improvements maintenance responsibilities and schedules, including options for endowments for maintenance, staffing, and equipment Citv Park and Access Manaaement Improvements 1. Review the OWNER's current Park Master Plan and compile projects proposed for the areas around the Lake Worth Reservoir. 2. Attend up to 2 meetings with the OWNER to identify City of Fort Worth properties where improved access control is needed, including visiting these sites and taking photographs and measurements. 3. Review the OWNER's current access management policy to determine desired access constraints, including access times, locations, gating requirements, dimensions, and allowable personnel. 4. Inventory the existing parks surrounding the lake and classify according to usage and accessibility. Evaluate potential connections to existing parkland by land and by water. Survey user groups to determine satisfaction with existing recreational opportunities and gauge support for additional recreational opportunities in the future. -2- 5. Prepare up to 3 alternative plans for access management improvements at each site, including costs and benefits for each alternative. Evaluation of access management and park usage for up to 6 sites is included. Attend one meeting with the OWNER to review the alternative plans and to decide which alternative plan will be pursued in the CIP. 6. Prepare a map showing the proposed access management and park improvement projects. Drainaqe and Watershed Manaaement 1. Attend up to 3 meetings with the OWNER to discuss watershed management projects included in previous studies. Gather information on proposed watershed management projects and recommended prioritization for these projects. Evaluate potential re-seeding of areas adjacent to the Reservoir that have been eroded by motorcycle activity. Evaluate the potential for including a Lake Worth Overlay area for special watershed management requirements in the City of Fort Worth ordinances. 2. Attend one meeting with the City of Lake Worth to discuss proposed drainage improvements to the existing low water crossing at Comanche Trail and other improvements to the drainage basin in accordance with the cost participation resolution with the City of Lake Worth dated February 12, 2002. Obtain copies of plans and cost estimates prepared by the City of Lake Worth. 3. Prepare a map showing proposed watershed management and drainage projects. Water and Wastewater 1. Review the current City of Fort Worth Water and Wastewater Master Plans and compile projects proposed for extension in the Lake Worth Reservoir area. 2. Meet with the Fort Worth Water Department to determine any adjustments, additions, or deletions from the Master Plans. 3. Attend up to 2 meetings with existing and future wholesale water customers in the area around the Lake Worth Reservoir. Obtain updated information on water and wastewater service interest, tie-in schedules, and demand schedules. 4. Obtain updated private development information from the OWNER, to determine how these may affect the scheduling and cost-share of water and wastewater improvements. 5. Evaluate phasing of system improvements based on hydraulic needs (fire flow, elimination of septics facilities, etc.). 6. Prepare a map showing proposed water and wastewater projects. Phase I Technical Memorandum 1. Prepare a technical memorandum summarizing the Phase I activities and recommendations. Describe the data collection process for each category of improvements. Indicate projects that were determined from previous studies and new projects and adjustments determined with this project. 2. Summarize the meeting held with the Lake Worth Alliance, and include records of comments, responses, and proposed solutions. 3. Include descriptions of prioritization included for projects in previous studies. 4. Summarize meetings held with existing and future wholesale water and wastewater customers, and indicate desired service expansions and schedules. 5. Summarize and provide recommendations for special analyses, including the dredging contracting alternatives. -3- 6. Include copies of the project maps for each category, as indicated above. 7. Include descriptions of any special permitting requirements discovered in Phase I. 8. Provide 10 copies of a Draft Technical Memorandum to the OWNER, and conduct one meeting with the Steering Committee to discuss the analysis, Technical Memorandum, and recommendations of projects to include in the implementation plan. 9. Prepare a final Phase I Technical Memorandum based upon comments received from the OWNER, and provide the OWNER with 10 bound copies of it. Phase II Proiect Prioritization and Capital Irr�provement Irnplementation Plan Upon OWNER approval of the Phase I Technical Memorandum, FNI will proceed with Phase II services. The purpose of Phase II will be to develop a CIP to implement the projects identified and compiled in Phase I in a manner consistent with the identified funding streams, as provided by the OWNER. Proiect Fundinq Sources Evaluation 1. FNI will meet with the OWNER to discuss the application of funding sources to the proposed projects. Obtain from the OWNER the proposed schedule of application of gas revenues (leasing bonus and royalties) from land beneath the normal pool of the Lake Worth Reservoir and from City of Fort Worth properties adjacent to the Reservoir. 2. FNI will work with the OWNER to establish an anticipated funding schedule based upon initial revenues (leasing bonuses) and long-term revenues (royalties), and other funding sources as indicated by the OWNER. Proiect Prioritization 1. FNI will prepare a project prioritization scoring system to apply to the identified projects. The scoring system will include weighted factors that each project will be scored for. The sum of the weighted scores for each project will be compared to the other projects to determine the project's priority. 2. Some of the factors that have been used for other similar projects and are potential factors for this project include, but are not limited to: • Number of people affected. . Criticality for health, safety, and welfare. . Coordination with other projects. . Anticipated or expressed demand. . Economy of scale savings as a result of project combinations. 3. FNI will meet with the OWNER to review the proposed scoring system prior to applying it to the projects. If requested by the OWNER, FNI will separate out types of projects that are funded by different sources and will apply the scoring system to them separately. 4. FNI will prepare a list of project prioritization based upon the approved scoring system and will conduct one meeting with the Steering Committee to receive comments on the proposed prioritizations. �i'� - • nrrs, '�'� �7 J J°-v�.'.! ,.�t';;� t)'%'(�' ':! 1`e� -4- "�U'� ;�`��:J':' ��5II' ;��,� ��/ '���' I'JISLL'r'J.S� , �� '�7 , ' �'i�- �'2�,r � Capital Improvement Implementation Plan Upon OWNER approval of the Project Prioritization List, FNI will prepare the Capital Improvement Implementation Plan for the identified projects. 1. Review project cost estimates from previous studies and apply current industry unit prices to update the estimates to 2007 costs. 2. Prepare project cost estimates in 2007 dollars for projects identified in this project, but not included in previous studies. 3. All project cost estimates will include design, survey, environmental permitting, geotechnical engineering, other special engineering services, construction, land acquisition, and inspection fees. 4. FNI will meet with the Fort Worth Department of Engineering Real Property department to review assumed land easement and fee simple unit prices. 5. Based upon the project prioritizations and project cost estimates, FNI will prepare a capital impravement implementation plan showing the implementation year and projects to be implemented for each year. Estimated costs will be updated using appropriate inflation estimates so that costs shown will match the year recommended for implementation 6. It is anticipated that the capital improvement implementation plan will include both short-term and long-term projects, based upon short-term funding (lease bonuses) and long-term funding (royalties). Short-term projects are anticipated to be in the 5-year CIP, and the rest of the projects will be included in the 10-year, 15-year, and 20-year CIP's, as prioritized. The projected funding streams will account for contractual limits and inflation. 7. Prepare a Capital Improvement Implementation Plan Report. The report will include summaries of the project prioritization, funding sources evaluation, schedule of projects (5- year, 10-year, 15-year, and 20-year), project cost estimates, and full-size colored maps showing the proposed projects and prioritizations. If requested by the OWNER, FNI will show the 5-year and 10-year project schedules in 1-year increments. 8. Provide the OWNER with 10 copies of the Draft Report, and conduct one workshop with the Steering Committee to discuss the Draft Report and receive comments. 9. Conduct one Infrastructure Committee presentation and one city Council presentation to discuss the Draft Report. 10. Prepare the Final Report based upon OWNER, Steering Committee, Infrastructure Committee, and City Council comments and provide the OWNER with 10 bound copies of it. 11. Conduct one Infrastructure Committee presentation and one City Council presentation to discuss the Final Report. Public Involvement: With this project FNI will assist the OWNER with public meetings and materials intended to inform the Fort Worth citizens in the Lake Worth Reservoir area about the implementation plan project and to receive their comments for consideration. These activities are in addition to the Steering Committee workshops, presentation to the Infrastructure Committee, and presentation to the City Council included in the sections above. FNI will assist the City with three public meetings with one being to present the Phase I Technical Memorandum and the second being to present the Prioritization Report and the third to present the Final Capital Improvement Implementation Plan. These services will be as follows: -5- 1. For each public meeting, assist the OWNER by designing, writing, producing and printing materials for distribution—such as a postcard, mailer or letter according to OWNER specifications—through mail, insert or other means to publicize the meeting and invite participation. OWNER will provide FNI with names and addresses of recipients for distribution of these materials. These materials will be provided for up to 1,000 addresses for each public meeting. 2. For each public meeting, assist the OWNER by developing news releases for distribution by OWNER to media to publicize meetings. 3. Design, write, produce and print up to four newsletters-8.5 x 11 ", printed two sides—to help Fort Worth citizens learn about the project, advise them about the project's progress, summarize activities at meetings and invite their comment and participation in future meetings. These newsletters will be provided for up to 1,000 addresses for each mailing. 4. After the Final Phase I Technical Memorandum is approved by the OWNER, assist the OWNER with one public meeting for Lake Worth Reservoir area residents and property owners to present the results of the Phase I analysis and listing of proposed projects. Provide the OWNER with up to 2 full-size, color, foam-board mounted copies each of the Final Phase I Technical Memorandum maps for display at the meeting. Prepare and present a Power Point presentation for the meeting, as requested by the OWNER, including summary of project history and goals, compilation of previous study recommendations, proposed projects to implement, and review of activities that will occur in Phase II. Prior to the meeting, attend a briefing with the OWNER to coordinate and discuss the presentation. 5. After the project prioritization is approved by the OWNER, assist the OWNER with one public meeting for Lake Worth Reservoir area residents and property owners to present the prioritization resutts and draft CIP. Provide the OWNER with up to 2 full-size, color, foam- board mounted copies each of the maps for display at the meeting. Prepare and present a Power Point presentation for the meeting, as requested by the OWNER, including review of previous public input, project prioritization results, and draft Capital Improvement Implementation Plan summaries. Prior to the meeting, attend a briefing with the OWNER to coordinate and discuss the presentation. 6. After the Final Capital Improvements Implementation Plan is approved by the OWNER, assist the OWNER with one public meeting for Lake Worth Reservoir area residents and property owners to present the Capital Improvements Implementation Plan. Provide the OWNER with up to 2 full-size, color, foam-board mounted copies each of the Final Report maps for display at the meeting. Prepare and present a Power Point presentation for the meeting, as requested by the OWNER, including review of previous public input, Capital Improvement Implementation Plan summaries, proposed implementation schedules, project cost estimate summaries, anticipated funding allocations, project maps, and critical implementation considerations. Prior to the meeting, attend a briefing with the OWNER to coordinate and discuss the presentation. `. �` � J �? � "� :'L •� 'J l:i � % N. ��,� -6- -;��7II�,` �;'r�;=:,�,����f;.t1n,� : ' N � �J`� � � -� � � u �� �'L' j11 �� 7��� ,.� .1�� 9 � a 1 �i'i�'�-+�.�..e� ATTACHMENT B COMPENSATION AND SCHEDULE Lake Worth Comprehensive Capital Improvement Implementation Project COMPENSATION A. The ENGINEER shall be compensated the lump sum fee of $380,037.00 for the Scope of Services as summarized on Exhibit "B-3." Payment of the fee shall be considered full compensation for the services described in Exhibit "A" for all labor, materials, supplies, and equipment necessary to complete the project. B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of an invoice from the ENGINEER, prepared from the books and records of the ENGINEER. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. Payment according to statements will be subject to certification by the Director of Engineering Department or his authorized representative that such work has been performed. II. SCHEDULE A. The project shall have a schedule as follows: Phase I Technical Memorandum — withirr 155 calendar days of written notice to proceed Project Prioritization List — within 65 calendar days of CITY approval of Phase I Technical Memorandum Capital Improvement Implementation Plan — within 80 calendar days of Public Meeting #2 Attachment B, Page l EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT "B") METHOD OF PAYMENT Lake Worth Comprehensive Capital Improvement Implementation Project METHOD OF PAYMENTS The Engineer shall be paid in monthly partial payments as outlined below: A. The ENGINEER shall be paid in monthly payments upon the receipt of individual invoices for each partial payment request from the ENGINEER. B. Partial payments shall not exceed the equivalent of 60% of the total lump sum fee, until City approval of the Phase I Technical Memorandum. C. Final payment shall occur after completion by the ENGINEER of Exhibit "A" services. II. PROGRESS REPORT A. The ENGINEER shall submit to the designated representative of Director of Department of Engineering monthly progress reports covering all phases of the project by the 15th of every month in the format required by the City. Exhibit B-1, Page 1 EXHIBIT B2 COMPENSATION - LUMP SUM A. Compensation: Compensation to ENGINEER for the services in Attachment "A" shall be the lump sum of $380,037.00. If ENGINEER sees the Scope of Services changing so that additional services are needed, ENGINEER will notify CITY for CITY's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Char�es for Additional Work: Staff Member Resident R�resentative Salary Cost Times Multiplier of 2.3 Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.632 times payroll. This factor is adjusted annually). Other Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff inembers. For CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Rates for In-house Services Computer $10.00 per hour Plotter Bond Special Testin� ApAaratus Density Meter Gas Detection $ 2.50 per plot $ 5.00 per plot $700.00 per month $ 20.00 per test Exhibit B2-1 Printin Black and White $0.10 per copy Color $0.50 per copy Bindin $5.75 per book ^� 7 ry l', i f ',�i 7 h",,:� �� ,�"+! , �:;-��i��.,��:='.� � �:�C���:, �:�r� �(�� oI��1� :�; r>fcS 4�I/p,;,n.. iJ �J U 1� C� S I'J UJ iS ilil: �� �� �� �' `1�W, ���� 7 0 •;:";J� u�a EXHIBIT B3 — A FEE SUMMARY Lake Worth Comprehensive Capital Improvement Implementation Project Item Total Fee MWBE F MWBE % of Total Fee A. S ecial Services — Im lementation Plannin l. FNI Plannin Fee $255,74 $ 0.0 2. Subconsultant CADD/GIS Services $37,81; $37,81; 100.0 3. Subconsultant Parks/Access Plannin $20,4$ $20,48 100.0 4. Subconsultant Mail-out Printin $3,93 $3,9� 100.0 5. Subconsultant Wastewater Plannin $46,SQ $ 0.0 A. Subtotal Special Services $364,47 $62,22 17.1 B. Reimbursable Expenses $4,74 $ 0.0 C. 10% for Sub-consultant Markup $10,82 $ 0.0 TOTAL $380,03 $62,22 16.4 M/WBE Sub-consultants Services Fee % of Total Fee Inventive Conce ts CADD/GIS $37,81 10.0 Ca e Cook Parks/Access Plannin $20,4 5.4 A1 ha Gra hics Mail-out Printin $3,9 1.0 TOTAL M/WBE Partici ation $62 2 16.4 Exhibit B3-A-1 EXHIBIT B-3B Me1NHOUR BREAKDOWN Lake Worth Area Capital Improvement Implementation Plan . ��' ���� ' Jt ���� '�F ��� ' � o ���� - --------------------- _ ' . 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'.- • - - ���������������������������� = - -.. - ' - ������������������������������ ������������������������������ ,. . ,•.- - . � .. . ���������������������o�������o�� � : . -. - ����������� • � ���������������m � .. ������������������������������ � ����������������������������� = • . - ��������������������� �������� ����������� � - • - ��������������������� o . - ��■�������������������������■���o ..... ; .. o . . . - - . - . ����������������������������� � ���������������������������� � .. . ������������o�o�����■�n�������� � : . -. - ��:�����m���������m��������������o �����������■�m�m��������������■���� ������������������������������� � • - -- ��������������������� � ���������� • .. ����� • .. ���� � ����������������������������� � - • - • ��������������������� � ���������������������������� a - • . ��■�s����������������������� o �■��������������������������� o ����������������������������� . . - . o - . - • ����o����������■���������� � ����������������������������� � .. . ����o������■�������������o�� �: . -. ��������■����m���������n���� � .. ���m���������������������m�� � ��������■���������������������� � • . ��������������������� � �������■��������������������� � -. - ��������������������� o „ _ ���■��■��������������������� , ... ������������������������� o . - - � � .. . ����������m������������������� ���������������������������� o-- ■��������������������������� o - -.. ' _. - - ���o�����������■������������� o �����������������������■������ a . ... - .. - - - ����o���o������������������� o ■��o����������������■��■������� o ' - �������������������������� m • _,' _ � - - - ■��o����������������■��������� . -=:. ' . .. -.. . --. . . -- . . . --.. ����������� ������������■�� � �������������������■��������� � . . . �m���m���� � ��■��o������n�� � : . -. - ���������� . . . ��m������������ � _. ���m�������� ,� ��������������� � �����������������������■���� � .. ��������������������� � ���������� ��������������■� � • • ���������������������������� � - ��������� ��.��.�������.� a - . ���n��� ������������������� o - • �o������������������ ����� o - . - �������■��������■���������m��� o - - .': . ' ' .. ' �������������������������■� � �������■�������������������� � .. . ���������o�������o�� ���� �: . -. - ����������������m��■�������� � __ �n�■������������ , � �� .� �� ������ � �■�������������������i������ ����������■���■���������� = • . -- • • • - ������������������� � . . . ��������������������� �. . . - ��������������������� � ��������������� ����� MWBE Subcontrects Su6consulfarrt Fee % MWBE InventNe Conce ts S37 8'IO 9.95 % Cave Cook S20 480 5.39 % AI ha Gre ic S3 932 1.�3 % TotaIMWBE 562.222 tfi.37Wo Expenses -Basit Services Total Project Fee $380,037 City of Fort Worth, Texas Ma or and Council Communication Y ���� � �.� _�� �.��.���� --- ---- COUNCIL ACTION: Approved on 4/3/2007 - Ordinance No. 17478-04-2007 DATE: Tuesday, April 03, 2007 LOG NAME: 60LAKE WORTH REFERENCE NO.: **C-22042 SUBJECT: Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc. for the Lake Worth Capital Improvements Implementation Plan and Adopt Supplemental Appropriation Ordinance �� . RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $380,037 from the Lake Worth Gas Lease Revenue Fund to the Water and Sewer Operating Fund (Lake Worth Management Administrative Center); 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Operating Fund (Lake Worth Administrative Center) in the amount of $380,037; and 3. Authorize the City Manager to execute an Engineering Agreement with Freese and Nichols, Inc. for the Lake Worth Capital Improvements Implementation Plan for a total contract amount not to exceed $380,037. DISCUSSION: On November 2 and 9, 2006, the Water Department advertised for proposals from interested engineering firms to perform the design work for the Lake Worth Capital Improvements Implementation Plan. On December 6, 2006 proposals were received and opened from four engineering firms. A selection committee made up of representatives from Departments of Engineering, Parks and Community Services, Transportation and Public Works, Planning and Water reviewed the proposals and ranked the firms. Freese and Nichols, Inc., was determined to be the best qualified firm for the project. The proposed contract is for the design of a multi-year master plan for the implementation of improvements to Lake Worth and Lake Worth properties. This plan will include recommendations for selected improvements to existing parks and boat ramps, construction of new recreational facilities, construction .of new water and sewer systems to service lake area properties, dredging of Lake Worth to improve water quality and recreational use of the lake, watershed management program, drainage improvements, substandard boat dock removal, stump and navigation obstacle removal, installation of markers and buoys, access control to vacant land and reconstruction of streets and roads. The consultant will review existing studies and master plans and utilize that data to develop the implementation plan. The consultant will also coordinate with multiple City departments, Lake Worth neighborhood associations, and other stake holders in the development of the implementation plan. The consultant will develop opinions of probable cost for the various elements of the plan plus cost projections on annual maintenance of the improvements. The improvements are proposed to be funded through revenues received from the leases of Lake Worth properties for the extraction of natural gas from the Barnett Shale. The consultant will incorporate revenue ;� U, �'``,` Logname: 60LAKE WORTH Page 1 of projections provided by Fort Worth staff into the capital improvement program. The proposed contract calls for the plan to take 228 days to complete. Freese and Nichols is in compliance with the City's M/WBE Ordinance by committing to 16 percent M/WBE participation. The City's goal on this amendment is 16 percent. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations, and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. TO Fund/AccountlCenters 1&2)PE45 444192 0605006 2)PE45 539120 0605006 Submitted for Ci� Manager's Office bv: Originating De�artment Head: Additional Information Contact: Logname: 60LAKE WORTH $380,037.00 $380.037.00 FROM Fund/Account/Centers 1)FE70 446100 030001902000 31PE45 539120 0605006 Marc Ott (8476) S. Frank Crumb (8207) Paul Bounds (8567) $380,037.00 $380,037.00 Page 2 of 2