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HomeMy WebLinkAboutContract 39090 CI'T Y SECRETARY 'ONTRACT NO, CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Freese and Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Design and Construction Phase for a New 54" Pipeline and preliminary design only for the Eastside Pump Station. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, 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. City of Fort Worth,Texas EOFFICIALRECORDStandard Agreement for Engineering Related Design Services RETA©y6.30.09 R lPage 1 of 15 TH, TX t . (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 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 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 quality 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, 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 has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 r r 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 five (5) 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 five (5) 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 photocopy 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 15 r i each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. 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. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. 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. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 of 15 a i M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 of 15 Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. 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 will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 facilities that may contain hazardous materials, including asbestos • containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The 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 ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. 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. Only 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 15 (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. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 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 that prevent ENGINEER's performance of its obligations hereunder. 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 in 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 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 of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall 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 including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean 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. 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.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 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 Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map V^ Executed this the Ilk day of _ F)n v,5 k , 2Q o1 Al TES CITY OF FORT WORTH rBy: a Hendrix ityrSecretary Assistant City Manager L � � � MVL R M MEND c,ontr_ac`t Authorizatiou IAI O 1 S.fiQANK CRUMB, PF— Date Director, W^reQ Department APPROV A T FORM AND LEGALITY FREESE AND NICHOLS, INC. Assistant dity torney ATTEST: Robert H. McGee, P.E., Associate Thomas Raster, P.E., Principal Freese and Nichols, Inc. Freese and Nichols, Inc. EOFFICIALCORDCity of Fort Worth,Texas ETARY Standard Agreement for Engineering Related Design Services �°yPage 5 of 15 H i A ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR DESIGN AND CONSTRUCTION PHASE SERVICES FOR IMPROVEMENTS TO THE E-2 TRANMISSION PIPELINE AND EASTSIDE PUMP STATION PRELIMINARY DESIGN SCOPE OF SERVICES INTRODUCTION The Operational Study and Conceptual Design of the ESPS revealed a need to replace a 42" segment of the E-2 pipeline with a new 54" line segment, approximately 9,500 feet in length. The E-2 Pipeline runs from the City's Rolling Hills Water Treatment Plant to the North Beach Tank. The transmission line is 54" in diameter up to the ESPS property. From this point, a parallel 42" and 36" line continued north and crossed 1-30 and the Trinity River Channel. At this point the two lines re-connect and continue north as a 54" pipeline. In order to transfer more flow from the ESPS to the ES-II pressure plane, the 36" pipe has been converted to an ESPS discharge pipeline. The 42" pipeline now serves as the E-2 transmission line and has become a bottleneck in the ability to move water north. The pressure class and age of the 42" pipeline present some risk to the City's ability to move water north. The purpose of this project is to construct a new 54" pipeline from the existing ESPS to the north side of the Trinity River to become the new E-2 transmission line. The 42" line will eventually be converted to a discharge line for an expanded ESPS. The City of Fort Worth's East Side Pump Station (ESPS) serves a critical function supplying water to the Eastside II pressure plane. The ESPS equipment has reached the end of its service life and must be rehabilitated/replaced, and its capacity must be increased to meet projected future water demands. The Operational and Conceptual Design of the ESPS concluded that a new pump station should be designed and constructed near the location of the existing ESPS. The Phase 1 pump station would be designed for a 40 MGD firm capacity, expandable to 55 MGD, to continue boosting Holly water to the ESII pressure plane. The Phase 2 pump station expansion would allow for a 55 MGD in-line booster pump station to move additional Rolling Hills Water north for transfer to the Northside II and III Pressure Planes. The new pump station can either be located at the existing ESPS site, on FWWD property, or moved to the south, to land owned by the Parks Department. As moving the pump station south will require a parkland conversion, this scope assumes that the new pump station will be located on the existing pump station site. The scope of services will include the preliminary layout of a new pump station and platting for the site. The Phase 1 pump station will be designed for an initial 40 MGD firm capacity, expandable to 55 MGD. The site will be master planned for the demolition of the existing pump station to be replaced with an in-line, 55 MGD booster pump station, Phase 2. Attachment A to STANDARD ENGINEERING AGREEMENT Page-1 Freese and Nichols, Inc.'s (FNI) engineering services related to pipeline design and the pump station preliminary design will be divided into six (6) phases. • In Phase 1 of the project, FNI will perform the preliminary design and route selection of the proposed 54" pipeline from the ESPS to the north side of the Trinity River. • Phase 2 of the project will be the preliminary design of the pump station to be located near the existing ESPS site. The pump station will be sized for a 40 MGD firm capacity to boost water from Holly into the E-II pressure plane. The station will be planned for a future expansion of the pump station to 110 MGD with the ability to pump Rolling Hills and Holly water north and east. Phase 2 will run concurrently with Phase 1. After approval of the preliminary design, FNI will proceed with platting of the property if required. • Phase 3 will be the final design phase for the 54" pipeline. The Project will include a single construction contract for the 9,500' pipeline. • Phase 4 will be the bid phase for the pipeline construction contract. • Phase 5 will be the general representative construction phase services for the pipeline construction contract. • Phase 6 will be the resident representative phase services for the project. The final scope of work and engineering budget for this phase of the project will be determined at a later time. Attachment A to STANDARD ENGINEERING AGREEMENT Page-2 ARTICLE 1 - BASIC SERVICES FNI shall render the following professional services in connection with the development of the Project: A. PHASE 1 — PIPELINE PRELIMINARY DESIGN PHASE 1. Upon execution of this agreement, FNI shall Conduct a Project Kick-off Meeting to consult with the Owner to (1) to review the scope of services, (2) to verify OWNER's requirements for the Project, and (3) to review available data. FNI will advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist OWNER in connection with any such services. 2. Route Study a. Conduct data collection to obtain pertinent information regarding existing utilities, existing right-of-ways, easement and land acquisition needs. Engineer will utilize Appraisal District Maps to indicate property ownership. b. Coordinate route analysis with other agencies including utilities owned by the City, TxDOT, railroads, private businesses and franchise utilities. c. Prepare a detailed route analysis for the proposed waterline examining a maximum of three alternative routes. The route analysis will be based upon construction costs, permitting requirements, project schedule, public impact, system hydraulics, and long term accessibility and maintenance. 3. Preliminary Design - Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline specifications. The preliminary design report will include the following: a. Pipe material, coating and lining b. System hydraulic grade lines and pipe class c. Appurtenances d. Conceptual design of cathodic protection systems e. Connections to existing water lines f. Typical pipeline embedment g. Pipeline alignment h. Typical river crossing requirements i. Typical road crossing requirements j. General construction requirements 4. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Project Costs. 5. Furnish ten (10) hard copies and one electronic copy of the Pipeline Engineering Feasibility Report and the above preliminary design documents and present and review them with OWNER. After OWNER's review and incorporation of comments, submit report to Texas Water Development Board. Attachment A to STANDARD ENGINEERING AGREEMENT Page-3 B. PHASE 2 — PUMP STATION PRELIMINARY DESIGN PHASE 1. Upon execution of this agreement, FNI shall: a. Communicate with potential pump suppliers to collect preliminary pump performance curves and cut-sheets. b. Prepare a preliminary layout of the pump station floor plan to fit within constraints of the existing site. c. Prepare a preliminary site plan on the existing ESPS site, providing for the initial Phase 1 construction and the future Phase 2 expansion. d. Prepare a phasing plan for construction of the Phase 1 pump station and required connections and pipeline relocations. e. Based on the preliminary floor plan, site plan and phasing plan, prepare a revised Opinion of Probable Project Costs. f. Provide a technical memorandum describing the proposed floor plan, site plan, phasing plan and Opinion of Probable Project Costs. g. Present and review the technical memo to with the OWNER. h. Finalize the technical memo based on review comments from the OWNER. C. PHASE 3 — PIPELINE FINAL DESIGN PHASE 1. After OWNER has accepted the Preliminary Design Report and has issued written authorization to proceed with the Final Design Phase, FNI shall: a. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts of improvements to be constructed, including traffic control plans. b. Advise OWNER of need for any special services, which are not already included in Article 1 — Basic Services. The cost of any additional special services shall be paid by OWNER and are not included in the services performed by FNI, except as identified in this Article 1. c. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of applications and supporting documents for government grants or for planning advances is an Additional Service. d. Furnish such information necessary needed for the City of Ft. Worth to submit to utility companies whose facilities may be affected or services may be required for the Project. e. Prepare revised opinion of probable construction cost. f. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. g. Furnish OWNER five (5) sets of copies of drawings, specifications, and bid proposals marked "Preliminary"for approval by OWNER. h. Upon final approval by the Texas Water Development Board, FNI will provide OWNER ten (10) sets of copies of "Final" drawings. Five sets will be full size and five sets will be half size. Provide electronic copies of plans and specifications. Attachment A to STANDARD ENGINEERING AGREEMENT Page-4 D. PHASE 4 - BID OR NEGOTIATION PHASE Bid or Negotiation Phase services anticipate that a single construction contract will be issued for the construction of this project. If more than one construction contract is issued, additional effort for the additional bid package is an additional service. Upon completion of the design services and approval of"Final" drawings and specifications by OWNER, FNI will proceed with the performance of services in this phase as follows: 1. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER. 2. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. Send one (1) copy of Bid Documents to each of the following agencies: o Texas Department of Licensing and Regulation (ADA compliance) o Texas Commission on Environmental Quality (TCEQ) o Texas Water Development Board 3. Maintain information on entities that have been issued a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. 4. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 5. At OWNER's request, FNI will assist OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. 6. Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre-bid conference. 7. Assist OWNER in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the OWNER and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide OWNER with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. Attachment A to STANDARD ENGINEERING AGREEMENT Page-5 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 9. Submit bid required documents to the Texas Water Development Board. E. PHASE 5 - CONSTRUCTION PHASE Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of standard General Conditions for construction projects mutually agreed upon between OWNER and FNI. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. 1. Assist OWNER in conducting a pre-construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the OWNER and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractors submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. Attachment A to STANDARD ENGINEERING AGREEMENT Page-6 5. Make visits appropriate to the stage of construction to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to OWNER. Visits to the site in excess of the specified number are an additional service. FNI will make up to twenty (20)site visits for the pipeline construction contract. 6. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. The cost of quality control testing such as testing laboratories or inspection bureaus shall be paid by OWNER and is not included in the services to be performed by FNI. Coordination of the work will be performed by the Resident Project Representative and the final scope and associated fee for this will be determined at a later time. 8. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 9. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the OWNER are an additional service. 10. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 11. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 12. Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and Attachment A to STANDARD ENGINEERING AGREEMENT Page-7 comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an additional service. 13. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two (2) sets of prints of"Record Drawings" shall be provided by FNI to OWNER for the construction contract. F. RESIDENT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE Not included. ARTICLE 2 - SPECIAL SERVICES A. EMERGENCY OPERATIONS CONSULTING AND MISCELLANEOUS SERVICES 1. In the event of failure of the ESPS during the planning phase of the project, FNI will assist the FWWD in developing emergency operations and repair plan and provide special distribution system operations consulting. In the event of such an emergency, FNI will prepare a scope of services and estimated fee for review/approval by the FWWD prior to starting work. 2. If requested by the FWWD, FNI will assist with evaluation of the feasibility of identifying potential sources of spare parts for the obsolete switch gear now in service at the ESPS from other water utilities. FNI will prepare a scope of work and estimated fee for review/approval by the FWWD prior to starting work. B. GEOTECHNICAL ENGINEERING: Retain and monitor the efforts of a geotechnical engineering firm (HVJ Associates)to provide the following services: 1. Exploratory Borings The field investigation will include 1 boring at the pump station site for preliminary design of the pump station structure, vaults, and transformer pads. Field investigation for the pipeline will include 11 total borings to be located at each proposed tunneled crossing, miscellaneous vault locations, and the shore of the Trinity River crossing. A boring from a barge in the center of the river has been included as a special service but will only be provided upon written request of the City. 2. Laboratory Testing Classification tests (water content, liquid and plastic limits, percent passing #200 sieve) will generally be run on at least two samples from each boring to document soil types and basic properties. Additional testing to help develop design criteria will include unconfined compression of cohesive soils and bedrock cores, pressure-swell tests, and consolidation tests where appropriate. Other special tests will be added if appropriate. Attachment A to STANDARD ENGINEERING AGREEMENT Page-8 3. Reports One geotechnical report for the pipeline project will be issued documenting the findings of the geotechnical evaluation and contain recommendations required for the designers to help apply the findings of the investigation to the design and to address special issues that arise. Consultation and special inspection services during construction will be additional services. 4. Consultation Consult with designers as the project proceeds to help apply the findings of the investigation to the design and to address special issues that arise. The geotechnical engineers will also participate in the Quality Control process, reviewing pertinent parts of the plans and specifications to confirm that the findings have been interpreted as intended and incorporated in the design. Consultation and special inspection services will be provided during construction under a supplemental agreement. C. SURVEYING: FNI will retain and monitor the efforts of a surveying firm (Pacheco-Koch) to provide the following services: 1. Determine the right-of-ways and easement needs for the construction of the project. 2. Determine ownership of land requiring an easement. 3. Obtain permission for surveying through private property. 4. Provide survey control at the project site, including setting up to three (3) permanent benchmarks at the pump station site and up to two (2) permanent benchmarks along the pipeline route. 5. Survey and prepare a topographic survey strip map of a variable width area along the proposed pipeline alignment. The survey will indicate all property monuments, apparent easements, property lines, right-of-way lines, fences, pavement, signs, utility markers, visible utilities, drainage ditches, culverts, driveways, etc. Trees 6" and larger will be identified. The survey will also establish soil-boring locations in the field horizontally and vertically. 6. Survey and prepare easement documents which will include cover page, Exhibit A legal description, and Exhibit B easement drawing for permanent easements and Exhibit C legal description and Exhibit D easement drawing for temporary construction easements. 7. For the pump station site, provide deed research and prepare a boundary survey suitable for a warranty deed. Title research is not included in this scope of work. 8. Provide topographic survey of the existing and proposed pump station site for up to 9.1 acres. Topographic survey will include individual tree surveys as needed to comply with the City of Fort Worth's tree ordinance. 9. Perform deed research for the existing and proposed ESPS site and prepare preliminary and final plat for the pump station site. D. SUBSURFACE UTILITY ENGINEERING: FNI will retain and monitor the efforts of a subsurface utility engineering firm (Gorrondona and Associates) to provide the following services: 1. Once the pipeline route is selected, the SUE firm will review as-built documents and other available utility records along the pipeline corridor. Attachment A to STANDARD ENGINEERING AGREEMENT Page-9 2. Designate the approximate horizontal position of known subsurface utilities within the specified project limits. The SUE firm has budgeted for 5 days in the field. 3. Using the proposed pipeline alignment and utility designations, propose a plan for test holes along the pipeline route at tunneled crossings and other critical areas. At these locations, utilize non-destructive vacuum excavations to locate the horizontal and vertical depth of the utility. The SUE firm has budgeted for 5 days in the field for approximately twenty-one (21) test holes. 4. Collect, record and survey designated horizontal location of utilities and elevation of located utilities. E. PLATTING SERVICES: FNI will apply for a Plat the existing ESPS property. The scope includes the following: 1. Attend a development meeting with City staff to begin the platting process. 2. Prepare and submit a preliminary plat. Attend a meeting with City staff to receive review comments. 3. Prepare and submit a final plat. F. PUBLIC INVOLVEMENT: FNI will conduct three public meetings for the project. The first will be held after the preliminary design report is completed and prior to beginning field work such as surveying, geotech borings and utility locations. A second public meeting will be held prior to bidding the project to inform the public of the final pipeline route and the proposed construction schedule. A third public meeting will be held prior to the start of construction with representatives from the contractor present to answer questions. G. COORDINATION MEETINGS WITH THE TRINITY RIVER VISION AUTHORITY: FNI will attend monthly project coordination meetings with the Trinity River Vision Authority up to eight (8) meetings. H. TEXAS WATER DEVELOPMENT BOARD WATER INFRASTRUCTURE FUND ASSISTANCE: FNI will assist the OWNER with Application for the Texas Water Development Board's Water Infrastructure Fund. FNI shall also attend a Project Management Conference with the Texas Water Development Board. FNI coordinate the following submittals: 1. Upon OWNER's approval of the Pipeline Engineering Feasibility Report, FNI will submit the Engineering Feasibility Report to the Texas Water Development Board for approval. 2. Upon final approval of plans and specifications approval by OWNER, FNI will submit the plans and specifications to the Texas Water Development Board for approval. 3. Submit required bid documents to the Texas Water Development Board. Bid documents shall include bid tab, conformed documents and MSWBE forms. I. ENVIRONMENTAL ASSESEMENT FOR TEXAS WATER DEVELOPMENT BOARD'S WATER INFRASTRUCTURE FUND: Freese and Nichols, Inc. will prepare an Environmental Assessment (EA) for supporting a Texas Water Development Board, Water Infrastructure Fund Loan Application. The EA will be a stand-alone, self- contained document, describing the project in sufficient detail to allow for review without reference to the engineering study or other documents. The EA format will follow the guidelines provided by the TWDB. Attachment A to STANDARD ENGINEERING AGREEMENT Page-10 1. Conduct site visit and prepare request for verification of USACE permit coverage — Freese and Nichols, Inc. (FNI) environmental scientists will conduct a site visit to make observations in the project area in order to describe the existing conditions (environment) and assist with assessing project impacts. The presence and locations of waters of the U. S., including wetlands, potential threatened/endangered species habitat, and other relevant features will be identified. 2. Agency coordination — FNI will submit coordination/notification letters to appropriate agencies, as required, including but not necessarily limited to the U. S. Army Corps of Engineers, U. S. Fish and Wildlife Service, Texas Natural Resource Conservation Commission, Texas Water Development Board, Texas Parks and Wildlife Department, Texas Historical Commission, Federal Emergency Management Agency, local manager of the Federal Flood Insurance Program, Texas General Land Office, and the local council of government. Comments received from the agencies will be incorporated into the EA. Additional coordination with the Corps of Engineers and other agencies may be required to facilitate the TWDB issuing a Finding of No Significant Impact (FONSI) and approval of the loan. 3. Task Prepare Draft and Final EA— FNI will prepare a draft EA following appropriate TWDB guidelines. The draft EA will be submitted to the Owner for review prior to submitting it to TWDB and other agencies for review. FNI will incorporate the Owner's comments into the EA and submit the revised document to the TWDB and other required agencies for review and comment. Changes required by the review agencies will be made and the EA will be made available for public review for at least 15 days prior to the public hearing. After the public hearing, the EA will be finalized by incorporating the hearing transcript into the final document. 4. Public Participation — FNI will assist the City with public participation by preparing a public notice, submitting the notice to local newspaper(s), and incorporating the public notice into the EA. It is assumed that no public meeting or hearing will be required for this project. 5. Archeological/cultural resource investigations — FNI will coordinate with the TWDB and Texas Historical Commission to determine the level of documentation and/or surveys required to satisfy the requirements of the Texas Antiquity Code and federal statutes. 6. Consult with Texas GLO and TPWD Easement and Permit Requirements — FNI will prepare draft letters to the Texas General Land Office and the Texas Parks and Wildlife Department for Owner's review. The letters will be finalized and submitted to GLO and TPWD based upon Owner's comments. A General Land Office (GLO) easement would be required if the project occurs on any state owned riverbeds. The ownership of any stream is determined on a case-by-case basis by GLO. If a GLO easement is required, then a Texas Parks and Wildlife Department Marl, Sand and Gravel Permit may be required if sedimentary materials from state-owned waters are disturbed are removed. Some activities such as maintenance projects carried out by public utilities for noncommercial purposes, and projects resulting in insignificant takings or disturbances of marl, sand, gravel, shell, or mud shell are exempt. A General Permit may authorize pipeline construction, pipeline maintenance, and other activities that necessitate the disturbance or removal of less than 1,000 cubic yards of sedimentary material. Attachment A to STANDARD ENGINEERING AGREEMENT Page-11 J. ENVIRONMENTAL INVESTIGATION AND PERMITTING 1. Conduct Site Visit - FNI environmental scientists will accompany the design engineers during their field visit to evaluate alternative routes for the East Side Pump Station to West Fork Trinity River pipeline. 2. Prepare Pre-construction Notification (PCN) and Jurisdictional Determination Report (JDR) - The West Fork Trinity River downstream from Riverside Drive in Fort Worth is classified by the U.S. Army Corps of Engineers (USACE) as a "navigable water" in accordance with Section 10 of the Rivers and Harbors Act. Crossing such waters with a pipeline requires written notification of the USACE and approval prior to construction. FNI will prepare a PCN and JDR in accordance with Corps guidelines and requirements of Nationwide Permit (NWP) General Condition 27 for coverage of the proposed pipeline under NWP 12. It is assumed that the pipeline route will avoid wetlands and other waters of the U.S. except for the West Fork crossing, and therefore, that no compensatory mitigation will be required by the USACE. A draft PCN will be prepared for OWNER'S review and comment. The PCN will include both a JDR and the findings of a cultural resources study, if required. The final PCN and JDR will be prepared by incorporating OWNER'S comments and then submitted to the USACE. 3. Coordinate Cultural Resources Studies - Projects sponsored by municipalities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require advance project review by the Texas Antiquities Committee according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project is expected to exceed these impact thresholds, coordination with the Committee will be required. FNI will prepare a letter to the Texas Historical Commission (THC) requesting the Committee's review. Should the Committee determine that cultural resources surveys are necessary, FNI will authorize a qualified, professional archeologist sub-consultant to conduct the required investigations. 4. Follow Up with USACE - After submitting the PCN, FNI will address requests, if any, from the USACE for additional information or clarification. We assume that this task could require up to 40 hours of staff time after submittal of the PCN. If USACE requests require more than 40 hours to secure the 404 permit, such effort will be considered as an additional service that can be provided, upon OWNER'S written approval, and will be billed on an hourly basis at FNI's current rates. K. CORROSION ENGINEERING Retain and monitor the efforts of a corrosion engineering firm to provide the following services: 1. Provide recommendations for pipe material linings and coating alternatives. Prepare a letter report with material recommendations. 2. Prepare soil resistivity surveys. 3. Conduct laboratory analyses of soil samples. Samples will be collected by the Geotechnical Drilling Engineer. 4. Coordinate with Owners of existing foreign pipelines to coordinate cathodic protection requirements during design and construction. 5. Prepare a report indicating soil resistivity analysis and recommendations for cathodic protection for up to two alternate pipe materials. 6. Attend up to two meetings with Owner and FNI to coordinate design and review reports. 7. Design cathodic protection systems for up to two alternate pipe materials for the pipeline construction contract and the pump station contract. Attachment A to STANDARD ENGINEERING AGREEMENT Page-12 8. Furnish plans and specifications for cathodic protection systems for each construction contract. L. STORM WATER POLLUTION AND PREVENTION PLAN: FNI shall prepare and include in the design drawings a Storm Water Pollution and Prevention Plan (SWPPP) for the project. M. RESIDENT PROJECT REPRESENTATION (RPR): FNI shall provide the services of a Senior Resident Project Representative (Ted Gay). FNI will furnish additional resident project representatives as are mutually agreeable to FNI and OWNER. The duties and responsibilities of the RPR's shall be as shown in the Supplementary Conditions of the Construction Contracts. The final scope of the Resident Project Representative and associated fee will be determined at a later time. ARTICLE 3 -ADDITIONAL SERVICES Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. GIS mapping services or assistance with these services. C. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. D. Providing renderings, model, and mock-ups requested by the OWNER, other than those listed in Article 1 —Basic Services. E. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. F. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. G. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. H. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. I. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test, other than those inspections and tests listed in Article I — Basic Services. Attachment A to STANDARD ENGINEERING AGREEMENT Page-13 J. Conducting pilot plant studies or tests. K. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. L. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). M. Performing investigations, studies and analyses of contractor's substitutions of equipment and/or materials or deviations from the drawings and specifications. N. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. O. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues, except as are called out in Article 2—Special Services. P. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. Q. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. R. Services required to resolve bid protests or to rebid the projects for any reason. S. Visits to the site in excess of the number of trips included in Article 1 —Basic Services for periodic site visits, coordination meetings, or contract completion activities. T. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s)to complete the work within the contract time. U. Providing services after the completion of the construction phase not specifically listed in Article 1 — Basic Services. If one or more contracts are postponed and not constructed concurrently with the other construction contracts, then additional compensation will be due. V. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. W. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Attachment A to STANDARD ENGINEERING AGREEMENT Page-14 X. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Y. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Z. Provide follow-up professional services during Contractor's warranty period. AA. Providing condition assessment services of existing pipelines. BB. Preparing documents and bidding pre-purchase equipment contracts. CC. Attending factory witness tests and inspections. DD. Preparation of an application for an individual 404 permit EE. Consultation with state and federal resource agencies other than the USACE and the Texas Historical Commissions. FF. Site visits to identify or to review the suitability of mitigation sites proposed by the OWNER to compensate for project impacts to water of the U.S. GG. Preparation of a compensatory mitigation plan and negotiation of mitigation requirements. HH. Re-zoning park land conversation and applying for variation will be an additional service. ARTICLE 4 - TIME OF COMPLETION FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule Phase 1: • The Route Study will be furnished within three month of the Notice to Proceed. • The Pipeline Engineering Feasibility Report and Environmental Assessment will be furnished within 45 day after the Route Study is completed. • Survey shall be completed within four months after the Route Study is approved. • Geotech Report will be furnished within three months after the Route Study is approved. • The Pipeline Engineering Feasibility Report and Environmental Assessment will be submitted to Texas Water Development Board within 10 days after the OWNER approves the Engineering Feasibility Report and Environmental Assessment. Phase 2: • The Preliminary Design Report for the pump station will be furnished within three months of the Notice to Proceed. Attachment A to STANDARD ENGINEERING AGREEMENT Page-15 Phase 3: • The 60% Submittal will be furnished within three months of the approval of the Engineering Feasibility Report. • The 90% Submittal will be furnished within seven (7) months of the approval of the Engineering Feasibility Report. • The final review set will be furnished within nine (9) months of the approval of the Engineering Feasibility Report and the Notice to Proceed. OWNER review of Engineering Feasibility Report and milestone review submittals will be no longer than three weeks. OWNER review of minor submittals will be no longer than two weeks. Additional time may be granted to FNI if these review times are exceeded. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment B. ARTICLE 5 - RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Assist FNI regarding access to and provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. Attachment A to STANDARD ENGINEERING AGREEMENT Page-16 F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. H. OWNER will have the opportunity to review all contractor submittals prior to FNI's approvals. OWNER shall make prompt reviews. I. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services as defined in Attachment SC, Article I, D, together with such adjustment of compensation as appropriate. J. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. K. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment A, Article 3 of this AGREEMENT or other services as required. M. Provide easement acquisition. N. Provide all archeological services required for the project. O. Provide notifications to all environmental permitting authorities and negotiations for environmental permit applications. P. Provide a consultant to perform Application Engineering Services for the SCADA system. Q. Bear all costs incident to compliance with the requirements of this Article 5. END OF SECTION Attachment A to STANDARD ENGINEERING AGREEMENT Page-17 ATTACHMENT B COMPENSATION ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR DESIGN AND CONSTRUCTION PHASE SERVICES FOR REPLACEMENT OF THE EASTSIDE PUMP STATION AND A NEW 54" PIPELINE COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A. Basic Services: Compensation to FNI for the Basic Services in Attachment A, Article 1, shall be the lump sum of four-hundred thirty three thousand seven hundred ninety dollars ($433,790.00). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment A, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Sub-consultants utilized for Basic Services over $100,000 will be billed at a mark-up of 5% and Sub-consultants at or below$100,000 will be billed at a mark-up of 10%. B. Special Services: Compensation to FNI for the Special Services in Attachment A, Article 2, shall be the cost plus not to exceed fee of four-hundred five thousand five hundred ten dollars and sixty-nine cents ($405,510.69). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment A, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Sub- consultants utilized for Special Services over $150,000 will be billed at a mark-up of 5% and Sub-consultants at or below $150,000 will be billed at a mark-up of 10%. C. Schedule of Charqes for Additional Work: Staff Member Salary Cost Times Multiplier of 2.1814 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, survey- men, 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. Attachment B to STANDARD ENGINEERING AGREEMENT Page 1 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 members. 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 Printing $10.00 per hour Black and White $0.10 per copy Plotter Color Bond $ 2.50 per plot $0.50 per copy Special $ 5.00 per plot Binding $5.75 per book Testing Apparatus Density Meter $700.00 per month Gas Detection $ 20.00 per test 3-10-04 Attachment B to STANDARD ENGINEERING AGREEMENT Page 2 ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD ENGINEERING AGREEMENT AND ATTACHMENT A DESIGN AND CONSTRUCTION PHASE FOR REPLACEMENT OF THE EASTSIDE PUMP STATION AND A NEW 54" PIPELINE NONE Exhibit C to STANDARD ENGINEERING AGREEMENT Page 3 ATTACHMENT B-1 54"Transmission Pipeline and Eastside Pump Station Preliminary Design Cost Summary and M/WBE Participation (As of 5/21/09) Project Discipline FNI FEE SUBCONSULTANT SUBS W/ TOTAL FEE M/WBE% M/WBE FIRM FEE MARKUP BASIC SERVICES PIPELINE DESIGN $ 387,190.00 $ 387,190.00 PUMP STATION PRELIMINARY DESIGN $ 46,600.00 $ 46,600.00 SUB-TOTAL(BASIC SERVICES) $ 433,790.00 $ - $ - $ 433,790.00 SPECIAL SERVICES GEOTECHNICAL(PIPELINE) $ 25,865.00 $ 28,451.50 $ 28,451.50 3.1% HVJ ASSOCIATES GEOTECHNICAL(RIVER CROSSING) $ 49,470.00 $ 54,417.00 $ 54,417.00 5.9% HVJ ASSOCIATES SURVEYING $ 101,250.00 $ 111,375.00 $ 111,375.00 12.1% PACHECO KOCH CONSULTING ENGINEERS SUBSURFACE UTILITY ENGINEERING $ 26,900.00 $ 29,590.00 $ 29,590.00 3.2% GORRONDONA AND ASSOCIATES,INC. ESPS SITE PLATTING $ 18,700.00 $ 5,515.63 $ 6,067.19 $ 24,767.19 0.7% PACHECO KOCH CONSULTING ENGINEERS PUBLIC INVOLVEMENT $ 6,000.00 $ 6,000.00 COORDINATION MEETINGS WITH THE TRINITY $ 19,850.00 $ 19,850.00 RIVER VISION AUTHORITY ENVIRONMENTAL PERMITTING $ 22,000.00 $ 22,000.00 TEXAS WATER DEVELOPMENT BOARD WATER INFRASTRUCTURE FUND A. TEXAS WATER DEVELOPMENT BOARD $ 20,460.00 $ 20,460.00 WATER INFRASTRUCTURE FUND SUBMITTALS B. ENVIRONMENTAL ASSESEMENT FOR TWDB $ 55,000.00 $ 55,000.00 WATER INFRASTRUCTURE FUND CORROSION ENGINEERING $ 26,000.00 $ 28,600.00 $ 28,600.00 V&A CONSULTING ENGINEERS SWPPP $ 5,000.00 $ 5,000.00 SUB-TOTAL(SPECIAL SERVICES) $ 147,010.00 $ 235,000.63 $ 258,500.69 $ 405,510.69 TOTAL M/WBE PARTICIPATION $ 580,800.00 $ 235,000.63 $ 258,500.69 $ 839,300.69 24.9% ATTACHMENT B-2 Replacement of the Eastside Pump Station Manhour Estimate Group Water Resources(1110) Structural(1125) Construction Services(1129) TOTAL TOTAL HOURS DOLLARS Staff PIC OA/OC PM PE Tech WP Expenses PE PE DE PE TECH QC Est. RR Clerical TH RLG ACH ERB MDC LES BBW AD PAB JKJ JAW CAJ DPS GEG DAG Preliminary Design(3 months) 1 Kick-off Meeting 3 2 6 6 2 1 4 26 $ 4,407 2 Coordination Meetings 6 6 2 2 4 24 $ 3,792 3 Pump Station Layout on Existing Site 24 32 24 60 $ 11,262 4 Prelim Horizontal&Vertical Pump Selection 6 24 4 36 $ 5,013 5 Yard Piping Layout 4 6 8 4 24 $ 3,581 6 Connections and Phasing 4 6 4 16 $ 2,201 7 Geotech/Survey/Corrosion Coordination 4 12 16 $ 2,106 6 Cost Estimates 2 8 8 18 $ 2,023 9 Pump Station Layout Memo 6 24 8 4 44 $ 5,621 10 CC Memo 1 4 5 $ 1,051 11 Review Meeting 3 4 6 13 $ 2,130 12 Finalize Memo 4 8 12 1$ 1,621 PRELIMINARY DESIGN HOURS 7 2 76 146 46 4 0 2 2 0 0 1 8 20 0 314 $ 44,808 PRELIMINARY DESIGN EXPENSES $ 1,765 $ 1,765 1 Attend Development Meeting 2 4 4 10 $ 1,637 2 Prepare Preliminary Plat 16 32 16 64 $ 8,803 3 Prepare Final Plat 8 16 8 32 $ 4,401 4 Attend Miscellaneous Meetings 4 8 8 20 $ 3,273 5 0 $ ESPS Site Platting 6 0 36 60 24 0 0 0 0 0 0 0 0 0 0 548 $ 18,114 ESPS Site PlattingEx enses $ 611 $ 611 ATTACHMENT B-3 54-Inch Pipeline Design Detailed Cost Breakdown TOTAL TOTAL QA APMIENG PM/QC CADD WORD PE QC/CR WORD HOURS EFFORT EMPLOYEE TH DGS RUM SB LDS ACH GEG DAG Task DESCRIPTION 1161 1161 1161 1161 1161 1110 1129 1129 Preliminary Design&Route Selection B.2.a Project Kick off meeting 2 8 4 4 2 2 22 $ 3,100 B.2.c Route Study 8 40 32 16 8 104 $ 15,740 B.2.d Preliminary Design 8 60 40 16 20 16 160 $ 22,250 B.2.e Revised opinion of Probable Cost 2 16 8 16 42 $ 7,130 B.2.f Furnish Engineering Feasibility Report to City 0 20 8 8 8 44 $ 5,310 Pipeline Final Design C.2.a Prepare documents to be constructed 40 312 150 624 40 16 48 1,230 $ 158,140 Coordination with subs and contract prep 8 8 16 $ 2,430 Landowner permission letters 16 8 24 $ 2,510 C.2.b Advise Owner of any special services 0 $ - C.2.c Design of 36"and 42"water main connections 16 8 24 $ 3,430 C.2.d Furnish info.to Ft.Worth to supply to franc.util 8 20 28 $ 3,170 C.2.e Prepare revised opinion of probable construction cost 8 24 12 24 68 $ 11,950 C.2.f Prepare bidder's proposal forms 8 8 16 $ 2,430 C.2.g Submit Plans and Specs to Owner 8 4 24 24 8 68 $ 7,150 C.2.h Furnish Owner copies of documents 8 4 8 20 $ 2,220 Bid or Negotiation Phase D.1 Assist Owner in securing bids 8 4 8 20 $ 2,310 D.2 Print and distribute bid documents 8 16 20 44 $ 4,230 D.3 Maintain information on entities 4 8 12 $ 1,100 DA Assist Owner to questions&interpreting bid documents 20 10 20 8 8 66 $ 8,350 D.5 Assist Owner with bid opening 4 8 4 4 20 $ 3,020 D.6 Assist Owner in re-bid conference 2 8 4 14 $ 2,210 D.7 Assist Owner in preparation of contract documents 16 4 40 8 8 76 $ 8,160 D.8 Furnish contractor copies of documents 2 4 6 $ 550 Construction Phase E.1 Assist Owner in re-construction conference 2 8 4 2 16 $ 2,360 E.2 Establish communication procedures 4 4 8 $ 800 E.3 Establish and maintain project documents(submittals) 80 24 40 144 $ 17,280 EA Determine payment to contractor 32 16 15 63 $ 7,980 E.5 Site visits(20) 12 80 40 15 147 $ 21,260 E.10 Establish procedures for administering changes 8 8 8 24 $ 3,020 E.11 Prepare documentation for contract modifications 40 20 20 8 88 $ 11,330 E.12 Assist in transfer/acceptance of any Owner materials 0 $ - E.13 Final review Project 2 8 8 2 20 $ 3,080 E.14 Revise construction drawings 20 10 80 110 $ 12,950 TOTAL HOURS 90 906 442 888 118 58 88 154 2,744 $ 356,950 Labor Effort $ 22,547 $ 113,452 $ 78,645 $ 96,195 $ 7,534 $ 9,440 $ 17,612 $ 11,5301 $356,950 TOTAL EXPENSES Misc Computer Mileage Printing Color copies Plots Binding EFFORT UNIT COST $ 1 $ 10.00 $ 0.505 $ 0.100 $ 0.50 $ 2.50 $ 5.75 1 Site Visits $ 800 2,500 $2,270 Printing 100,000 5,000 5,000 75 $27,970 $0 LABOR TOTAL $356,950 EXPENSE TOTAL $30,240 PROJECT TOTAL $387,190 [FTW072281\\Mistert\contract\2009\Contract\Fort Worth\East Side PS-54-in Pipeline\revised contract\ATTACHMENT B-3.xIsxATTACHMENT 6-3 ATTACHMENT B•4 Coordination Meetings with TRV Detailed Cost Breakdown TOTAL TOTAL A APM/ENG PM/QC CADD WORD C/CR WORD HOURS EFFORT EMPLOYEE TH DGS RHM SB LDS CAJ DAG Task DESCRIPTION 1161 1161 1161 1161 1161 1129 1129 Coordination meetings(8 meetings) 8 48 32 20 20 128 $ 17,150 TOTAL HOURS 8 48 32 20 20 II 0 0 128 $ 17,150 Labor Effort $ 2,004 $ 6,011 $ 5,694 $ 2.167 $ 1,277 $ $ $ $17,150 TOTAL EXPENSES Misc Computer Mileage Printing Color copies Plots Binding EFFORT UNIT COST $ 1 $ 10.00 $ 0.505 $ 0.100 $ 0.50 $ 2.50 $ 5.75 I Travel $ 80D 500 $1,160 Printing 1,000 500 50 50 $840 Computer 64 $700 $0 LABOR TOTAL $17,150 EXPENSE TOTAL $2,700 PROJECT TOTAL $19,850 [FTW07228]\\Misterf\contract\2009\Contract\Fort Worth\East Side PS-54-in Pipeline\revised contrachATTACHMENT B-4.x1sXATTACHMENT B-4 ATTACHMENT B-5 TWDB Detailed Cost Breakdown TOTAL TOTAL A APM/ENG PM/QC CADD WORD QCICR WORD HOURS EFFORT EMPLOYEE TH DGS RHM SB LDS CAJ DAG Task DESCRIPTION 1161 1161 1161 1161 1161 1129 1129 Assisted with TWDB Application 2 40 20 4 8 0 0 74 $ 10,010 Submit Engineering Feasibility Report to TWDB 0 8 0 0 8 0 0 16 $ 1,510 Submit Plans and Specs to TWDB 16 8 8 32 $ 3,940 Submit bid documents to TWDB 8 1 4 8 20 $ 2,220 TOTAL HOURS 2 72 32 4 32 ll 0 0 142 $ 17,680 Labor Effort $ 501 $ 9,016 $ 5,694 $ 433 $ 2,043 $ - $ - $ $17,680 TOTAL EXPENSES Mise Computer Mileage Printing Color copies Plots Binding EFFORT UNIT COST $ 1 $ 10.00 $ 0.505 $0.100 $ 0.50 $ 2.50 $ 5.75 I ITravel $ 800 500 $1,160 Printing 1 1,000 500 50 50 $840 Computer 71 $780 $0 LABOR TOTAL $17,680 EXPENSE TOTAL $2,780 PROJECT TOTAL $20,460 [FTW072281\\Mistert\contract\2009\Contract\Fort Worth\East Side PS-54-in PipelineVevised conlract\ATTACHMENT 8-5.x1sxATTACHMENT B-5 ATTACHMENT B-6 Public Involvement Detailed Cost Breakdown TOTAL TOTAL A APM/ENG PM/QC CADD HOURS EFFORT EMPLOYEE TH DGS RUM ACH Task DESCRIPTION 1161 1161 1161 1110 Three Meetings 6 6 6 12 30 $ 5,270 0 $ 0 $ 0 $ TOTAL HOURS 6 6 6 12 0 0 0 0 30 $ 5,270 Lahor Effort $ 1,503 $ 751 $ 1,068 $ 1,951 $ - $ - $ - $ $5,270 TOTAL EXPENSES Misc Computer Mileage Printing Color copies Plots Binding EFFORT UNIT COST $ 1 $ 10A0 $ 0505 $ 0.100 $ 0.50 $ 2.50 $ 5.75 I Travel I 1 1 60 1 1 $30 Printing i 500 100 A) 50 $560 Computer 15 $10 LABOR TOTAL $5,270 EXPENSE TOTAL $760 PROJECT TOTAL $6,030 [FTW072281\\Mistert\contract\2009\Contract\Fort Worth\East Side PS-54-in Pipeline\revised contracMTTACHMENT 8-6.x1sxATTACHMENT 8-6 GEOTECHNICAL ESTIMATE 54"Pipeline in Fort Worth Freese&Nichols,Inc. H%J Proposal No.DGDB-12660 April 4,2008(Revised June 16,2008) TABLE I-GEOTECHNICALBREAKDOWN Field Work(Orland Borings:taro 604t,one 50-ft,four 30-ft,five 20-ft) Mob/Demob 1 rci $500.00 LS $500.00 Drilling and Sampling Soil ISO ft C $15,00 per ft S2,700.00 Drilling Rock 210 ft @a $18.00 per ft $3,780.00 TsDOT Cone 42 Q $20.00 each $B40.00 Grouting 390 ft C $7.00 per fr S2 730.00 Field Technician(rig/traffic coordinatoa,utilities,staking,etc) 42 hr r@ $45.00 per hour $1,890.00 Vehicle Trips 5 r(by $50.00 per trip S7;000 Subtotal $12,690.00 Field Work(Marine:one 60-ft) Mob/Demob(Road time to site(Mechanical Drill Crew) 8 lit® $330.00 per lu $2,640.00 Mob/Demob(Setup and takedown at site/maring between borings) 8 Ihr® S330.00 per hr $2,640.00 Mob/Demob(Daily Travel) 3 Ihr© $240.00 per hr $720.00 Drilling and Sampling 2 day© $2,200.00 per day $4,400.00 TSDOT Cone 12 C S20.00 each $240.00 Crew Per Diem(4 men s 2 days) 8 day© $145.00 per day $1,160.00 Mob/Demob(Push BOat) 1 Q $3,730.00 Lumpsum $3,750.00 Push Boat 2 day© $2,000.00 per day $4,000.00 Cranes 2 crane $1,200.00 per crane S2,400.00 Fuel&Lube Charge for Flat Boat 2 day© $100.00 per day $200.00 Per Diem-Boat Captain 2 day Q $145.00 per day $290.00 )ackup,Barge&Operator 2 day® $2,300.00 per day $4,600.00 Mob/Demob for Jacahp Barge 1 © $18,000.00 Lumpsum $18,000.00 Fuel&Lube Charge for Barge 2 day© S90.00 per day $180.00 Per Diem-Barge Captain 2 day Q S145.00 per day S290.00 Crane Lift at Imunch Site&•Weldong Charges(Setup and takedown of rig on barge) 8 lu r@ $345.00 per hr $2,760.00 Feld Supervisor 2 day© S600.00 per day S1,900 on Subtotal $49,470.00 Laboratory Testing* Moisture Content 60 ea© $9.00 eaci $540.00 nerbergLimits 36 ea r@ $45.00 each $1,620.00 Percent Passing No.200 Sieve 36 ea© $35,00 each S1,260.00 Sieve Analysis 36 ea r@ $45.00 eadi S1,620.00 Unconfined Compressive Suength 36 ea Q $45.00 eadi 51,620.00 Consolidation Test 0 Qa $350.00 each sua Subtotal $6,660.00 Engineering Report Preparation Senior Eshgineer,P.E. 30 ltr Q $125.00 per hour $3,750.00 Eugiueer Associate 32 lu @ $83.00 per hour $2,720.00 Clerk/Typist 1 lu C $43.00 per hour $49 n0 Subtotal $6,515.00 Total Geotechnical Services $75,335.00 *The type and number of tests may vary depending on the soil conditions actually encountered. Houston 9200 King Arthur Dr. Austin Dallas.TX 75247-3610 214.678.0227 Ph Dallas 214.678.0228 Fax "AS SO C 1 AT 6 S San Antonio www.hvj.com April 4,2008 (Revised May 4,2008) Mr.Daniel Stoutenburg Jr.,PE Freese and Nichols,Inc. 4055 International Plaza STE 200 Fort Worth,Texas 76109-4895 Re: GeotechnicalInvestigation 54 Inch Pipeline in Fort Worth City of Fort Worth,Texas Owner: City of Fort Worth HVJ Proposal No.DGO8-12660 Dear Mr. Stoutenburg. HNJ Associates,Inc.is pleased to submit this proposal for providing a geotechnical study for the above-mentioned project. It outlines our understanding of the scope of the project and presents our approach and our fees for providing the study. The proposal has been revised to include additional borings for the proposed pump station. We understand that the project will involve a new 54-inch pipeline from the East Side Pump Station to a connection north of the Trinity River in Fort Worth,Texas. The proposed alternate.is shown in Figure 7-2 you provided to us. The purpose of this investigation is to perform borings at the site,perform laboratory tests, and provide design guidelines for the proposed pipeline. Scope of Work As per your request,we propose to drill the following: - 2 borings 60 feet deep (one on each side of the river crossing). - 1 boring 60 feet deep (in the river). - 1 boring 30 feet deep (railroad crossing). - 2 borings 30 feet deep (one on each side of IH-30). - 1 boring 20 feet deep (at the north end of the project where a vault will be). - 1 boring 30 feet deep (Lancaster Avenue). - 4 borings 20 feet deep (along the route). - 5 borings 50 feet deep (for pump station). - 2 borings 25 feet deep (for pump station). Mr. Daniel Stoutenburg Jr., PE HVJ Proposal No. DG08-12660 April 4,2008 (Revised May 4,2008) Page 2of3 Sampling will be performed continuously to 10 feet and at five-foot intervals thereafter or at changes in strata. Rock encountered will either be cored,or angered. If the rock is augered,it will be evaluated by Texas Departement of Transportation (TxDOT) cone penetration tests. The borings will be used to determine site stratigraphy and to obtain samples for laboratory testing. All the field and laboratory tests will be performed according to ASTM standards,where applicable, or with other established procedures. Results of the field and laboratory data will be used to develop design guidelines for the proposed pipeline. A geotechnical report of our study will be prepared by an engineer specializing in soil mechanics and foundation engineering after reviewing available structural,geological,boring,and laboratory data. In general,the following items will be included in our report: 1. Plan of borings. 2. Boring logs, 3. Generalized subsurface conditions, 4. Groundwater level observations and subsurface soil conditions, 5. Pipeline design guidlines, and 6. General earthwork recommendations. We expect to complete this assignment in approximately six to eight weeks,following our receipt of your written notice to proceed. If requested,interim results can be provided throughout the progress of the investigation as testing is completed. Four copies of our report will be delivered upon completion of our assignment. Fee and Conditions Based on the scope of work outlined, the fee for our services is $91,030. Our accounting procedures call for the submittal of invoices on a month-end basis or at the conclusion of the project should its duration last less than a month. Our credit terms are net 30 days. The following assumptions were made in preparing this proposal: - This cost proposal includes a barge with a support vessel. - This cost proposal includes up to 2 days use of barge to complete the river boring. - Work will be performed during daylight hours. - Field survey of the borings locations and elevation is not part of our scope. - Drilling equipement will be mobilized one time for this project. We will be entitled for a remobilization charge in the event we are required to demobilize prior to work completion due to conditions beyond our control. - This cost proposal does not include permitting(such as the Coastal Use Permit). - Laboratory samples will be held for no more than a period of 6 months after completion of the report. The scope of work described is appropriate for the project configuration presented to us. If anomalous conditions are encountered, or if the project configuration changes significantly, a Nlx. Daniel Stoutenburg Jr.,PE HVJ Proposal No. DG08-12660 April 4,2008 (Revised May 4,2008) Page 3 of 3 change in work scope may be required. HVJ Associates will recommend such changes when and if it is deemed necessary. No changes will be implemented without prior authorization from Freese& Nichols. HVJ Associates Inc. will use the Texas One Call System to locate buried utilities. We will take care to minimize damage to existing facilities; however, our activities may result in some damage to vegetation or unidentified existing utilities. This proposal specifically excludes any costs associated with restoration of vegetation or repair of utilities damaged by our operations that were not previously identified by Texas One Call and / or Freese&Nichols,Inc. If this proposal meets with your approval,please sign and complete the indicated spaces below and forward a copy of the proposal to us. HVJ Associates,Inc.is pleased to be of service on this project. Please call us if you have any questions or require additional information. Sincerely, HVJ Fadi N Faraj,PE Sr. Project Manager FF:th Agreed to this day of 320 By: Tide: Firm: Phone No. Date to Start Work: Pacheco Koch Consulting Engineers March 3, 2009 (Revised) PK No.: 0100 Mr. Robert McGee, P.E. FREESE & NICHOLS, INC. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Re: Letter of Intent FORT WORTH WATER LINE AND PUMP STATION PROJECT Fort Worth, Tarrant County, Texas Dear Mr. McGee: Pacheco Koch Consulting Engineers is extremely pleased to have been requested to submit this Letter of Intent to provide land surveying services for the referenced project. We believe that our firm has the expertise and ability to successfully provide the services you require. Pacheco Koch understands the scheduled amount for surveying services regarding the above referenced project to be in the amount of$ 106,765.63. We greatly appreciate this opportunity and look forward to the prospect of working with you. Thank you for your time and your consideration of Pacheco Koch. Sincerely, Mark A. Pacheco, P.E., R.P.L.S. President TEF/vm 01-8281 8350 North Central Expressway Suite 1000 Dallas, Texas 75206 972.235.3031 Fax 972.235.9544 www.pkce.com ConsultingPacheco Koch -- March 3, 2009 (Revised) PK No.: 0100 Mr. Robert McGee, P.E. FREESE & NICHOLS, INC. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Re: Professional Land Surveying Services FORT WORTH WATER LINE AND PUMP STATION PROJECT Fort Worth, Tarrant County, Texas MAPSCO: FW78-J Dear Mr. McGee: Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to provide professional land surveying services relating to the referenced project. SCOPE OF SERVICES Based on our preliminary discussions and review of the information received to date, the following is our perception of the services to be provided by Pacheco Koch for the referenced project: BOUNDARY& TOPOGRAPHIC SURVEY(Existing East Side Pump Station): Pacheco Koch will perform an on the ground survey of the property (approximately 1.1 acre as shown on attached exhibit-"A") under the direct supervision of a Registered Professional Land Surveyor and will prepare a certified survey plat and written property description of said tract. Pacheco Koch will not perform an abstract of title on the subject tract but instead will rely on a current commitment for title insurance to be provided by the client. The deliverables for this phase of the project will five (5) hard copies of the survey and an electronic deliverable in AutoCAD format. Included in this item: ■ Spot elevations on a 50-foot grid. ■ Contours on one foot intervals. ■ Top of curb and gutter elevations for paving. ■ Locations, common name and trunk diameter of trees 6-inches and larger in caliper. ■ Location and sizes of underground utilities based on utility plans provided by Freese & Nichols, Inc. ■ Field measurements to DIGTESS markings. ■ One (1) revision to the survey to address general comments and/or changes to the certification. Additional revisions shall be made on an hourly rate basis. Mr. Robert McGee, P.E. March 3, 2009 (Revised) Page 2 Not included in this item: ■ Species name of trees. ■ Non ALTA/ACSM —standard form of surveyor certification. ■ Coordination with DIGTESS ■ Field measurements to geotechnical bore holes. ■ Field measurements to subsurface utility engineering tone marks or test holes. ■ Right-of-entry letter coordination/preparation. TOPOGRAPHIC SURVEY (Pipeline Alignment): Pacheco Koch will perform an on the ground survey of the property (estimated 9,500 linear feet as generally shown on attached "Figure 7-2") under the direct supervision of a Registered Professional Land Surveyor. The width of the topographic survey will be from right-of-way to right-of-way along street right-of-ways, 150-feet wide at the one (1) river crossing and 100-feet wide in other areas. In the event "Route B" is selected, the width of the topographic survey will be from the west edge of paving along Beach Street, to the west right-of-way. It is the understanding of Pacheco Koch that the centerline of the topographic survey will be marked on the ground by Freese & Nichols, Inc. prior to performing the survey. The deliverables for this phase of the project will be an electronic file only in AutoCAD format, ASCII files of the point data, copies of field notes in PDF format and miscellaneous digital site photos. Included in this item: ■ Physical street addresses for the properties will be shown, if available. ■ Location of permanent improvements on, and immediately adjacent to, the site. ■ Spot elevations on a 50-foot grid. ■ Contours on one foot intervals. ■ Top of curb and gutter elevations for paving on, and adjacent to, the site. ■ Field measurements to twenty (20) geotechnical bore holes. ■ Field measurements to twenty (20) subsurface utility engineering test holes. ■ Field measurements to DIGTESS markings. ■ Locations, common name and trunk diameter of trees 6-inches and larger in caliper. ■ Location of visible utilities and appurtenances. ■ Location and sizes of underground utilities based on utility plans provided by Freese & Nichols, Inc.. ■ Designation and limits of any Special Flood Hazard Area depicted on the most recent Flood Insurance Rate Map (FIRM), published by Federal Emergency Management Agency (FEMA), for this area. ■ Establishment of two (2) benchmarks — one (1) generally in the middle and one (1) north of the river. Not included in this item: ■ Species names of trees. ■ Coordination with DIGTESS. ■. Right-of-entry letter coordination/preparation. PRELIMINARY AND FINAL PLAT(Existing East Side Pump Station): Pacheco Koch will prepare a Preliminary Plat (if required) and a Final Plat for the project(approximately 1.1 acre as shown on attached Exhibit "A") based on a Boundary Survey of the site previously performed by the firm. These plats will show easements, dedications, and other information required by the City. • Mr. Robert McGee, P.E. March 3, 2009 (Revised) Page 3 Included in this item: ■ Attendance at one (1) city staff, Planning and Zoning Commission or City Council meeting as required. ■ Monumentation of the perimeter boundaries of the site. Not included in this item: ■ Special monumentation requirements by the City, including block corners, interior lot corners, or flood plain corners. ■ Coordination of city review and approval of these plats. ■ Obtaining copies of current tax certificates. ■ Plat application and/or review fees (if applicable). EASEMENT DOCUMENTS: Based on a boundary survey of the site prepared by our office, Pacheco Koch will prepare twenty-five (25) separate instrument permanent water facility easements and twenty-five (25) separate instrument temporary construction easements required as a part of development of the site. The deliverables for this phase of the project will be three (3) signed/sealed originals of each respective easement. Included in this item: ■ Survey exhibits and metes and bounds descriptions for each easement. Not included in this item: ■ Coordination with City staff for review and approval of each easement. ■ Coordination with property owners. ■ Monumentation of easement corners. ■ Dedication statements for each easement or acquiring land owners' signature. ■ Right-of-entry letter coordination/preparation. PROPERTY OWNER RESEARCH: Pacheco Koch will perform the research to determine the current land owners for an anticipated 25 affected parcels along the selected route. Pacheco Koch will not perform an abstract of title. The current owner's information (i.e. name, mailing address, phone number if available, etc.) will be compiled into a spreadsheet and delivered to Freese & Nichols, Inc. in order for them to prepare and deliver right-of-entry letters to the land owners. Pacheco Koch will be provided copies of the land owners' response letters so that we are informed as to which parcels we can physically access to perform the survey. The deliverables for this phase of the project will be an electronic and hard copy version of the spreadsheet. The spreadsheet will subsequently be utilized by Pacheco Koch to track right-of-entry responses and plat/deed recording information for the respective parcels. SCHEDULE Pacheco Koch acknowledges the importance to Freese & Nichols, Inc. of the project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. Freese & Nichols, Inc. understands, however, that Pacheco Koch's performance must be governed by sound professional practices. If requested, Pacheco Koch would be pleased to develop a project schedule outlining each of the items included previously described in the Scope of Services. Mr. Robert McGee, P.E. March 3, 2009 (Revised) Page 4 COMPENSATION Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total fee, inclusive of usual and customary direct reimbursable costs, as follows: BOUNDARY& TOPOGRAPHIC SURVEY* (Existing East Side Pump Station) $ 5,000.00 TOPOGRAPHIC SURVEY(9,500 L.F. @ $ 6.00/L.F.) $ 57,000.00 PRELIMINARY AND FINAL PLAT* (Existing East Side Pump Station) $ 5,000.00 EASEMENT DOCUMENTS (25 Permanent Easements @ $ 1,000.00%asement& 25 Temporary Easements @ $200.00%asement) $ 30,000.00 PROPERTY OWNER RESEARCH (25 Parcels @ $ 300.00%ach) $ 7,500.00 ESTIMATED REIMBURSABLE EXPENSES $ 1,750.00 STATE AND LOCAL SALES TAX(8.25%X$ 6,250) $ 515.63 TOTAL $106,765.63 * Boundary surveying is subject to state and local sales tax. Pacheco Koch reserves the right to adjust the fees once the final pipeline alignment is selected. Please note that the fees above are based on the assumption that Pacheco Koch will perform the above services all together for this project. In the event any item is deleted from the scope of work, Pacheco Koch reserves the right to adjust the fees for other items as appropriate. SUMMARY This proposal, unless otherwise noted, constitutes our understanding of the services to be provided by Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is offered for a period of thirty (30) days after which, if said proposal has not been executed, said proposal should no longer be valid. Pacheco Koch Consulting Engineers, Inc. is pleased to have this opportunity to submit this proposal and look forward to working with you on this project. If the proposal and accompanying agreement is acceptable to you as presented, please execute one copy of the agreement form and return one original copy to our office. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience. Sincerely, Tom E. Flaherty, R.P.L.S. TEFIvm 01-7764 EA E T APP �uF - t pf3��1gM11 ie i+ {_i `y e fit - +s l� m ' o f 4C l M_ col 5 ~ in X ;F ,A O �ACRES£ k �'` •t" 'Y. r�:_.�+,�s��``-., rid, � yt�£ �6 � �+�,. . _ �. A 1 � z s x fi - t Figure 7-2 Alternate 54"Pipeline Alignments—ESPS to River Crossing OW • s � 41 . Route B 'WRoute A. ,MUM 0 - Route�� it East Side Pump Station — w di _ i' *� r 600 1,200 Feet + ; ;•� � � 40 Pacheco Koch Consulting Engineers STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES (Rates are subject to change at any time.) Reproduction: Black Line Bond Prints........................................................................... $ 0.50/sf Black Line Vellum Prints......................................................................... $ 1.50/sf Black Line Mylar Prints........................................................................... $ 2.00/sf ColorBond Plots .................................................................................... $ 3.00/sf Color Prints (8 1/2"x 11")......................................................................$ 1.00/ea Photocopies (8 1/2"x 11").....................................................................$ 0.10/ea Mounting: Foam-core (3/16") ................................................................................... $4.00/sf Binding Services: Punch & Bind..........................................................................................$2.00/ea Storage Media: Floppy (1.44 Mb) ...................................................................................$ 1.00/ea CD.........................................................................................................$ 8.00/ea Travel Expenses: Per Diem (Lodging/Meals).................................................. $ 100.00/Day/Person Central8350 North . - - 111 D. - 1. 972.235.3031 • • - AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Professional Civil Engineering and Land Surveying Fort Worth Water Line and Pump Station Project Fort Worth, Tarrant County, Texas PK No: 0100 This Agreement is made between Pacheco Koch Consulting Engineers, Inc., a Texas corporation, (hereinafter referred to as"PKCE")whose mailing address is 8350 N. Central Expressway, Suite 1000, Dallas,Texas 75206, and Freese& Nichols, Inc. (hereinafter referred to as"CLIENT"),whose mailing address is 4055 International Plaza, Suite 200, Fort Worth,Texas 76109,and is subject to the following terms and conditions to which the parties mutually agree: ARTICLE 1 -SCOPE OF SERVICES 1.1 In consideration of the mutual covenants contained herein, PKCE shall perform the services identified in letter of proposal dated March 3, 2009,which is made a part hereof, in accordance with the terms of this Agreement. 1.2 PKCE will commence the services upon receipt of an executed copy of this Agreement signed by an authorized representative of the CLIENT and by an authorized representative of PKCE. ARTICLE 2-AMENDMENTS 2.1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Service required by this Agreement by altering or adding to the Services to be performed, and any such changes in the Services shall be performed subject to this Agreement. Upon receiving the CLIENT's request, PKCE shall return to CLIENT a written change proposal setting forth an adjustment to the services and cost estimated by PKCE to represent the value of the requested changes. Following CLIENT's review of PKCE's change proposal, CLIENT shall execute said written proposal authorizing PKCE to perform the changes in the Services. ARTICLE 3-PROJECT COSTS AND PAYMENT 3.1 PKCE shall be compensated in accordance with the afore referenced letter of proposal and any subsequent executed amendments to said proposal. 3.2 Direct costs such as application fees, review fees, blueprinting, reproductions, delivery fees, etc. are not included in the fees above and will be charged at cost times a multiplier of 1.10. State sales tax shall also be considered a direct cost when applicable and will be charged at cost. Please note that professional boundary surveying services are subject to state sales tax. 3.3 PKCE will submit an invoice to CLIENT at the end of each month, on an hourly rate basis or based on the estimated percentage of completion of the services as stipulated in the proposal, unless otherwise specified by the CLIENT in writing and agreed upon by PKCE. 3.4 Payment shall be made by CLIENT within 30 days after receipt of the invoice. 3.5 PKCE shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the subject property is finalized. 3.6 CLIENT shall provide written notification to PKCE within 15 days of receipt of the invoice should CLIENT object to all or any part of charges appearing on the invoice. The portion of the invoice that is not in dispute shall be paid by CLIENT within 30 days of receipt of said invoice. 3.7 If legal action is necessary to enforce payment provisions of this Agreement, PKCE shall be entitled to collect from CLIENT any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by PKCE in connection therewith. 3.8 A finance charge of 1.50%per month will be paid by CLIENT for all non-disputed invoices after 30 days. 3.9 If CLIENT for any reason fails to pay the undisputed portion of any invoice within 30 days of presentation, PKCE has the right to cease work on the project and CLIENT shall waive any claim against PKCE for cessation of services, and shall defend and indemnify PKCE from and against any claims for injury or loss stemming from said cessation of services. In the event the project is restarted, CLIENT shall also pay the cost of restarting and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service. ARTICLE 4-DELAYS AND TERMINATION 4.1 CLIENT or PKCE may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall be made as follows: CLIENT shall compensate PKCE for the services performed up to the date of receipt of termination plus reasonable costs incurred in terminating the services in accordance with PKCE's current fee schedule. In the event the services cannot be performed on or before the projected due date because of circumstances beyond the control of PKCE, including, but not limited to strike, fire, riot, excessive precipitation, act of God, governmental action, third party action or action of omission by CLIENT, the services shall be amended by CLIENT and PKCE in accordance with Article 2 of this Agreement. A-1 4.2 CLIENT's failure to make payment to PKCE in accordance with the payment terms herein shall constitute a material breach of this Agreement and shall be cause for termination by PKCE. ARTICLE 5-RIGHT OF ENTRY 5.1 CLIENT shall provide for PKCE's right to enter from time to time, property owned by CLIENT and/or others in order for PKCE to fulfill the scope of services included hereunder. ARTICLE 6-INFORMATION PROVIDED BY OTHERS 6.1 PKCE shall indicate to CLIENT the information needed for rendering of services hereunder, and CLIENT shall provide to PKCE such information as is available to CLIENT. CLIENT recognizes that it is impossible for PKCE to assure the sufficiency of such information, either because it is impossible to do so, or because of errors or omissions, which may have occurred in assembling the information. Accordingly, CLIENT waives any claim against PKCE, and agrees to defend, indemnify and hold PKCE harmless from any claim or liability for injury or loss allegedly arising from errors, omissions, or inaccuracies in documents or other information provided to PKCE by CLIENT. Further, CLIENT agrees to compensate PKCE for any time spent or expenses incurred by PKCE in defense of any such claim, with such compensation to be based upon PKCE's prevailing fee schedule and expense reimbursement policy. ARTICLE 7-CONSTRUCTION ACTIVITIES 7.1 CLIENT agrees that the General Contractor is solely responsible for job site safety and for construction means, methods, sequence, techniques and procedures necessary for performing, superintending and/or coordination all construction activities and warrants that this intent shall be made evident in CLIENT's agreement with the General Contractor. ARTICLE 8 -CONFIDENTIALITY 8.1 PKCE shall maintain as confidential, and not disclose to others without CLIENT's prior written consent, all information obtained from CLIENT, not otherwise previously known to PKCE in the public domain. The provisions of this paragraph shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of PKCE, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. PKCE will notify CLIENT in writing immediately if information is requested under item (iii) above. ARTICLE 9-OWNERSHIP OF INSTRUMENT OF SERVICE 9.1 All reports, plans, specifications, field data, field notes, calculations, estimates and other documents prepared by PKCE, as instruments of service shall remain the property of PKCE. PKCE shall retain these records for a period of five (5) years following completion of services, during which period they will be made available to CLIENT at all reasonable times. ARTICLE 10-JURISDICTION 10.1 In compliance with Sec. 29 of the Professional Land Surveying Act, as enacted by the Legislature of the State of Texas,we are required to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A, Suite 156, MC-230,Austin,Texas 78753, (512)239-5263. Complaints regarding surveying services rendered may be addressed to that agency. ARTICLE 11 -INDEMNITY 11.1 PKCE shall indemnify, defend and hold harmless CLIENT from and against lawsuits, claims, liabilities, causes of action, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, reasonable attorney's fees and expenses, by whomever asserted, including, but not limited to, any government agency or branch or any third party to the extent the same arise from (i) a breach by PKCE of any term or provision of this Agreement, (ii) violation by PKCE of federal, state or local statute, rule, regulation or ordinance in the negligent performance of the Services, or (iii) negligent errors or omissions of PKCE or its employees, agents, or subcontractors in the performance of the Services. 11.2 CLIENT shall indemnify, defend and hold harmless PKCE from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, reasonable attorney's fees and expenses, by whomever asserted, including, but not limited to, any government entity, agency or branch, any third party, an employee, contractor employed or retained by PKCE, any third party or employee employed or retained by PKCE, to the extent that such claim, property damage, injury or death resulted from (i) the negligence or willful misconduct of CLIENT or agent of CLIENT, (ii) violation of federal, state, or local statute, rule, regulation or ordinance by CLIENT or agent of CLIENT, (iii) CLIENT's alleged involvement or status as an owner, operator, arranger, generator or transporter of hazardous substances or constituents at the site, or(iv) inaccurate information provided by CLIENT to PKCE. A-2 ARTICLE 12-LIMITATION OF LIABILITY 12.1 CLIENT, through its authorized representative, identified below, and PKCE, have discussed their risks, rewards and benefits of the project and PKCE's total fee for services. Neither PKCE, nor their consultants, agents, or employees shall be jointly, severally or individually liable to CLIENT in excess of one hundred thousand ($ 100,000.00) by any act of omission, including breach of contract or negligence not amounting to willful or intentional wrong. ARTICLE 13—FIDUCIARY RESPONSIBILITY 13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsultants or subcontractors has offered any fiduciary service to the CLIENT and no fiduciary responsibility shall be owed to the CLIENT by PKCE or any of PKCE's subconsultants or subcontractors, as a consequence of PKCE's entering into this Agreement with the CLIENT. 13.2 If this Agreement is a subcontract to CLIENT'S agreement with OWNER, CLIENT also confirms that neither PKCE nor any of PKCE's subconsultants owes a fiduciary responsibility to the CLIENT or OWNER. CLIENT shall, as a material element of the consideration the Consultant requires performance of the services enumerated herein, require OWNER to formally recognize this provision in CLIENT's agreement with OWNER. ARTICLE 14-INSURANCE 14.1 PKCE represents that it now carries and will continue during the terms of this Agreement to carry Workers Compensation, Comprehensive General Liability and Comprehensive Automobile Liability insurance in the following amounts and with deductibles acceptable to CLIENT: a) Commercial General Liability Insurance - $1,000,000 per occurrence for bodily injury or death and property damage, including loss of use thereof,written on an occurrence (as opposed to a"claims made") basis. b) Comprehensive Automobile Liability Insurance covering all owned, non-owned and hire vehicles-$1,000,000 combined single limit of liability per occurrence for bodily injury or death and property damage, including loss of use thereof,written on occurrence (as opposed to a"claims made") basis. c) Statutory Workers Compensation Insurance. d) Umbrella Liability Insurance - $1,000,000 per occurrence for bodily injury or death and property damage, including loss of use thereof. e) Errors and Omissions Insurance, Applicable to Services - $1,000,000 with respect to claims made against PKCE for negligent errors or omissions in the performance of the Services hereunder. ARTICLE 15-ASSIGNMENT 15.1 Neither PKCE nor CLIENT shall assign this Agreement in whole or in part without the prior written consent of both parties. PKCE shall not subcontract any portion of the work to be performed hereunder, except that PKCE may use the services of persons and entities not in the employ of PKCE when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. PKCE's use of others for additional services shall not be unreasonably restricted by CLIENT provided PKCE notifies CLIENT in advance. ARTICLE 16-NOTICES 16.1 Any notice given hereunder shall be deemed served when hand-delivered in writing to an officer or other duly appointed representative of the party to whom the notice is directed, or if sent by registered or certified mail to the business address identified at the end of the Agreement. ARTICLE 17-ENTIRE AGREEMENT 17.1 The Agreement (including attached schedules) constitutes the sole and entire agreement between PKCE and CLIENT. This Agreement replaces and supersedes all prior discussions and agreements between the CLIENT and PKCE with respect to the matters contained herein. By executing this agreement, PKCE and CLIENT indicate their acceptance and agreement with its terms. Freese&Nichols, Inc. Pacheco Koch Iti Engineers, c. By: By: Name: Name: Mark A. Pacheco, P.E., R.P.L.S. Title: Title: President Date: Date: March 3,2009 A-3 ' fir, -0N' r Mr - i v,., V A 0. c a June 30,2008 Daniel Stoutenburg Jr.,P.E. Freese and Nichols,Inc. 4055 International Plaza,St.200 Fort Worth,TX 76109-4895 RE: Subsurface Utility Engineering 54"Pipeline,ESPS to River Crossing City of Fort Worth Dear Mr.Stoutenburg: Gorrondona and Associates (G&A) is pleased to submit a cost proposal for Subsurface Utility Engineering (SUE) required for the above referenced project. This proposal is based on our phone conversation on Monday, June 30, 2008, and the information you provided via email on Tuesday,April 1,2008. Introduction G&A will perform the SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication CIIASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: • Quality Level D(QL"D")—Information derived from existing records; • Quality Level C (QL"C") - QL"D" information supplemented with information obtained by surveying visible above-ground utility features such as valves, hydrants, meters, manhole covers,etc. • Quality Level B (QL"B") — Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot. • Quality Level A(QL"A")—Also known as"locating",this quality level provides precise three dimensional (x,y,z) information at critical locations by exposing specific utilities. Non- destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. It is the responsibility of the SUE provider to perform due-diligence with regard to records research (QL"D") and acquisition of available utility records. The due-diligence provided for this project will consist of reviewing the "As-Built" documents previously compiled by others. Utilities that are'not identified through these efforts will be here forth referred to as"unknown"utilities. G&A personnel will scan the defined work area using electronic prospecting equipment to search for "unknown" utilities. However,G&A is not responsible for designating and locating these"unknown"utilities. . :� &:.IF(i%`id 50,�v�.. lal;T'`-:i^::...:i42f:'l t. .94J4''E^a):::3l.4.'1�,-_..:y :•i- i '. Mr.Daniel Stoutenhurg June 30.2008 Page 2 of 4 Scone of Work Based on information provided by Freese&Nichols(F&N), G&A has developed a preliminary scope for the SUE work required for this project. The scope of work may be modified, with F&N's concurrence,during the performance of the SUE fieldwork if wan-anted by actual field findings. As we discussed, if requested, G&A can utilize geophysical prospecting equipment to determine the approximate horizontal location of utilities along the proposed alignment of the 54" pipeline. Currently there are three potential routes, each providing distinct challenges. It is recommended that once the route is determined, a QL"B" study be completed allowing time to design around existing utilities where possible. The proposal does not include performing SUE work north of the Trinity River per F&.N request. Route "A' runs primarily outside major thoroughfares potentially reducing the number of utilities. However, where it runs through the commercial area could impact larger utilities that will need to be taken into account during design allowing them to remain in place. Route "B" alignment is the more direct route but runs through residential, commercial and a major thoroughfare(Beach Street)which has as many as 7 utilities running along the right-of-way. Route"C" alignment runs through residential, green fields and along Beach Street resulting in similar utility concerns as Route`B". It is anticipated that the following utilities will be encountered regardless which of the three routes chosen;water,gas,sanitary,telecommunications,fiber-optic cable,storm drains and electric. For proposal purposes, G&A has assumed that up to twenty one (21) test holes will be required to determine if potential conflicts are actual conflicts or not. The locations of these test holes will be completed after the review of the QL"B"work and a conflict analysis is completed. It is G&A.'s understanding, that all surveying required for the SUE services will be performed by G&A. Designating Procedures Prior to beginning field designating activities, G&A's field manager will review the project scope of work and available utility records. Once these initial reviews are complete, the field manager and technicians will begin designating the approximate horizontal position of known subsurface utilities within the specified project limits. A suite of geophysical equipment (electromagnetic induction, magnetic) will be used to designate metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable). Non-metallic/non-conductive utilities will be designated using other proven methods, such as rodding, and probing. Where access is available, a sonde will be inserted into the utility line (e.g.PVC gravity sewer pipe)to provide a medium for signal transmission,which can then be designated using geophysical equipment. In instances where access is not available (e.g. pressurized PVC water line), G&A personnel will attempt to designate the utility by probing. G&A personnel will utilize a vacuum excavation truck equipped with a high-pressure water lance to conduct probing. Probing will typically be conducted at 100-foot intervals,however,the probing interval may vary depending on the specific alignment of the utility. When using probing methods to designate, G&A will vacuum excavate test holes periodically to provide positive visual verification that the P.\Projects\Freese-Nichols\Utilities\54inch ESPS_River Crossing\54 Lech Water Line Proposal 08_0630.doc Mr. Daniel Stoutenburg June 30.2008 Page 3 of 4 correct utility is being probed. Due to obvious inefficiencies, probing will not be attempted in paved areas. Accurate collection and recording of designated utilities is a critical component of the SUE process. G&A has developed a proven method of collecting and recording survey information once the utilities have been designated in the field. G&A's field manager will produce detailed sketches depicting each utility as well as relevant surface features such as roadways,buildings,manholes,fire hydrants,utility pedestals, valves,meters,etc. Each utility will be labeled with a unique ID code. For example, if two buried electric cables exist on the project,one will be labeled El and the other E2. Paint and pin flags will be used to designate the utilities in the field. A labeled pin flag or paint mark will be used to mark each location where a survey shot is required. Shot points will typically be placed at 100-foot intervals on utilities running parallel to the alignment and at 50-foot intervals on utility crossings. The locations will be numbered sequentially for each individual utility line. For example, if there are 50 shots required on buried electric line El,the points will be numbered E1-1 through E1-50. Preliminary field sketches depicting the designated utilities will be prepared for use during subsequent surveying activities. These sketches will also be used to check the survey information for completeness and accuracy. Locating Procedures G&A will utilize its utility designating marks and the proposed alignment plans provided by F&N to layout the test hole locations. G&A will attempt to place the test holes outside of paved areas wherever possible. However, some test holes may need to be placed in paved areas that may require traffic control measures to be implemented. As with the designating work, G&A will establish routinefordinary traffic control whenever required as part of our standard pricing. If non-routine traffic control measures are required, these services will be considered extra and will be invoiced at cost. G&A will utilize non-destructive vacuum excavation equipment to excavate test holes at the required locations. Once each utility is located, G&A will record the utility type, size, material, depth to top, and general direction. Each test hole will be assigned a unique ID number and will be marked with rebar/cap,nail disk,or chiseled X,as appropriate. The test hole ID number and other pertinent utility information will be placed at each test hole location. Test hole excavations will be backfilled with appropriate material and the original surface will be restored. The backfill will be compacted in lifts by mechanical means to prevent future settlement. Test hole locations will be added to the previously mentioned field sketches for use during surveying activities. Deliverables G&A will produce SUE plans depicting the type and horizontal location of the designated utilities. The size of each utility will also be presented on the SUE plans where test-holes have been completed. Where no test-holes have been completed, the size and material type will be provided, only if the information is indicated on available record drawings. F&N will provide G&A with base map/topographic files in Microstation J or AutoCad format for use in preparing the SUE plans. G&A will utilize line styles and symbology in accordance with CAD standards provided by F&N. P:\Pmjects\Freese-NicholslUtilities154inch ESPS_River Crossing154 Inch Water Line Proposal 08_O630.doc Mr.Daniel Stoutenburg June 30.2008 Page 4 of 4 G&A will produce a summary sheet containing test hole field notes. SUE plans depicting designated utility information will be revised to include test hole locations. Schedule This work will commence within approximately one week after NTP is issued. QL'S"Work—Horizontal Information • Designating Field Work—4 1/2 days • Designating Deliverables—5 days after survey is completed QL"A"Work—Vertical Information • Locating Field Work—5 days • Locating Deliverables—4 days after survey is completed Estimated Fees G&A proposes to perform the work on a"Lump Sum"basis. Based on the schedule listed above the cost for designating, QL"B" including survey is fourteen thousand four hundred dollars and 00/100 cents($14,400.00). The cost for QL"A" at twenty one (21) locations is twelve thousand five hundred dollars and 00/100($12,500.00). We look forward to working with you on this very important project. If you have any questions or require additional information,please contact me. Sincerely, Gorroudona&Associates,Inc. Q, Rick Benson,P.E. Area Manager P:\Projects\Freese-Nichols\Utilities\54inch ESPS_River Crossing\54 Inch water line Proposal OL0630.doc Lake Merritt Plaza 510.903.5500 Tel 1999 Harrison St,Suite 975 510.903.5501 Fa[ Oakland,CA 94513 vaengineering.com 08-0221 April 4,2008 Alan C.Hutson,P.E. Freese and Nichols, Inc. 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 SUBJECT: East Side'Pump Station.and 54-Inch Diameter Northside Pipeline Proposal for Corrosion Engineering Services Dear.Mr.Huston, V&A.is pleased to.submit this'proposal to.provide.corrosion engineering services for the buried metallic pipelines associated with the expansion of the East Side Pump Station and the 54=inch diameter Northside Pipeline. We have reviewed the preliminary pipeline alignments and the site plan for the East Side Pump . :'Station. It-is our understanding that there are three options for the pipeline alignment;Routes A,Bi and C between the East Side Pump Station and the Trinity"River Crossing: SCOPE OF WORK Task Description 1. Document Review—Review,the pipeline alignment,geotechnical information and preliminary plans and specifications for pipeline design. 2. Field Soil Resistivity Testing-Measure soil resistivity using the Wenner Four Electrode Method along the proposed Route A and Route Gpipeline alignments.The resistivity testing Will:be conducted at 800 to 1;000400t intervals to a depth of 20 feet below grade. 3. Soil analysis—Obtain eight soil samples from the project Geotechn cal:Engineer. The soil samples will be forwarded to an analytical laboratory for corrosivity analysis. The samples will.be tested for as-received,and saturated resistivity, soil pH,water.soluble chloride'ion concentration, water soluble sulfate ion concentration and water soluble bi-carbonate concentration. 4. Foreign Utility Investigation-This task..will be performed during the field resistivity festing for '.confirmation of locationand condition'of existing pipelines. An investigation will also be conducted to determine whether the utilities are cathodically protected and the location of ariy corrosion control facilities,as they might impact the installation and operation of the proposed pipeline. 5. Letter Report—Prepare a letter report with the results of the field resistivity testing,chemical analysis, and existing cathodic protection system investigation.The corrosivity of the soil will.be discussed with respect to dielectric coated steel pipe,and cement mortar coated steel pipes. The report will provide recommendations for pipe material linings and coating alternatives. Provide recommendations for corrosion control of the steel pipe with the two coating options. 1 OAKLAND l HOUSTON 6. Plans and Specifications—Design a corrosion control system for the two alternate pipe materials for the pipeline construction contract and the pump station contract. Prepare Details in AutoCAD 2006 format and Technical Specification Section 13110"Cathodic Protection"for the corrosion control systems. 7. Assistance During Bidding-Provide up to 24 hours of technical assistance to review submittals, catalog cuts and respond to RFI's as required. Time spent over 24 hours will be invoiced on a time and materials basis at the rates shown on the attached resource allocation estimate. 8. Meetings—Attend project meetings with the Owner and FNI at the project office in Fort Worth,TX to coordinate design and review reports. V&A will attend two meetings up to 32 hours including travel to and from V&A's office.Time spent over 32 hours will be invoiced on a time and materials basis at the rates shown on the attached resource allocation estimate. We propose to complete this work on a time and materials basis at a total cost not to exceed $26,000 with terms of net 60 days. This fee is valid for 90 days from the date of this proposal. The scope of work was developed as a result of our discussion and represents our mutual understanding. Estimated costs for the above project scope are itemized in the attached Resource Allocation Estimate. These costs represent our best estimates at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase while others may not require the entire anticipated effort. This provides us a greater degree of confidence in the overall project estimate,rather than in any given particular task. If unforeseen circumstances should arise which indicate that more time is required,we would provide a written estimate of additional required time and cost. We will not proceed with work beyond the not to exceed figure without a written authorization from your office. Charges to this project will be made for actual time spent on the project and will be charged as per the attached Fee Schedule. We request that you carefully review this proposal to assure that we fully understand the scope of the work. Our Fee Schedule is adjusted annually in January. Fees will be adjusted at that time and a new Fee Schedule will be sent.Charges on the remainder of the project will be based on the new schedule. V&A appreciates the opportunity to provide this proposal to Freese and Nichols and we look forward to working with you on this project. If you have any questions, or if you need any additional information at this time,please contact our office. Sincerely, V&A CONSULTING ENGINEERS Civil Infrastructure Preservation Keith A.Packard,P.E. Project Manager Accepted: Date: Freese and Nichols, Inc. i V&A RESOURCE ALLOCATION ESTIMATE PROPOSAL NO:08-0221 Date: 4-Apr-08 CLIEN Freese and Nichols JOB TITLE: East Side Pump Station and 54-Inch Pipeline Task Description Sr.Project Sr.Project Project Assistant CADD NACE Level II Project Total Manager Engineer Engineer Engineer Designer Technician Administrator 1 Document Review 2 2 2 6 2 Field Soil Resistivity Testing 2 16 18 3 Soil Analysis 4 2 6 4 Foreign Utility Investigation 4 4 8 5 Letter Report 1 1 8 4 4 2 20 6 Prepare Plans and Specifications 2 4 16 32 2 56 7 Assistance During Bidding 16 8 24 8 Meetings 32 32 Subtotal 3 37 48 16 32 26 8 170 Hourly $200 $170 $150 $115 $115 $90 $70 Total Direct Labor $600 $6,290 $7,200 $1,840 $3,680 $2,340 $560 $22,510 Other Direct Costs Amount Travel(Air/Hotel/Per Diem/Rent-,A-Car)at Cost $2,000 Truck $80 per Day 2 Days $160 Soil Analysis $150 per Sample 6 Samples $900 Office ExpensesiPrinting/Reproduction $430 Subtotal Other Direct Costs $3,490 GRAND TOTAL ESTIMATED COST $26,000 l 08-0221 Freese and Nichols Fort Worth 4 %'„`;�-1���:r�/-"��\�.r'1.n.•.•�:-:• -tom.••,•,.. .•ram _ _ - •ir�' 11 r Ilr•:is'�:':-'�'i 1r 1/ 1 1•iir t 1 I i 111 ( f'ii:'• ''1 f f •f 1• f r" rrrr.'7'r �'r '•riir 1 i'w :rl r'� 'ir r• �'i� 1 '1 1" I 1 •Ilf r 1 I r":' 1•"1 1 i�1• 'i''` f I'•'i`w 1 'i�1 1 1 '7 1 1 r'1 11• •'1'}1'•�I 1 'r t 1 1 •'1 1 1 1'•1 ''11 f/' •f I.•r 1 �'r r'i� 1 I 111 Ilii~•'i 1 1 i•'^ '1 1 •1•'1 1 I11 'il�1 1'ii'�'i�' li'!'r 1 f rr.i1 f 1„ I,frr rr, 'uur rlr lir1.}�I,I11l i:ii!}I1,1�1 fri j:11�1 I lYl�i{il. �I} ll,/•il1)��1. �l ll'ril }�.It. .r 1} u.,l.,n �.� 1 SCTRCA SmalL, Minority, Women Business Enterprise I•�:ice'::` (81MJWBE) Program bas1 • the appropriateit 1 : 1 the South Central TexasJ • 1 Ccrtification {+i1, Agency and 1 ► ti • • 1 the TexasUnified Certification Program,ard as a: This 1 • • • / Certificate mustbe updated amitially . submission of Compliance Affidavitrequired • notifySCTRCA • 1 1 1change •ownership, 1 f•-«. 1 • your ability 11 -I• disadvantaged 9 : 11 " 1/ �1 / • control requwmentsand 1 material1 the, information provided 1 the submiWon of the business' application for DBE certificadon. CERTIFICATE EXPIRES: 02/25f2007 CERTIFICATION NO.: 202-03-2605 Certified in the following work categories: North American Industry Clmification System(NAICS)code(s): 1 ,•liii 54133 EngineeringServices •ii�)�!�}�� 411 1 Bridget !J 1 1 Booth il) jjy}} EXECUTMDMECTOR ,u/ 11;;/{{ 111;:AAl hlil;::;+lilllVla!::fi{1111111;::';fiiiiiiii;J.: .. 1..1,. .1•�1.. Lq 14:11{I'. 'ffl..N}11111, {IIIV .� r• :rrnrr. •.� ..rr.rr..r..;:,• .� .. .. .. 1 I 1••H' 1. li 1'i' I11..lilillllV .Ifli'illl, I11 rrrnrr,..;, rrrr, r...l{•' '11� �l" "N•:;''1" '"1'll..{{.. '111...N1' 11.✓A' "IV Ill��i Ilf IN'i INN, III�II 1111 •.� •L•H 11/111 111iH Ilfill HIM 11'llll lilfll 11111 I f rrn;:rrr /rr•::rru//n'.^':'nlrlrti:• �"•'1'S'�:':;�";'• •rr. .•L. ,•:.:r. ,.•...,rr ,•.:.., ., „•....,, rr,•:.:•rrr r,.:•::'.Irr,r,,.,:;a,r,,,,,r,,, rr _ - •:�:::' '.� rrnrr, .,,,, ,,,rr rNr rrn11•:• rrrr ur rl rr:....•.nr - :.� y.•: ,_ OPINION OF PROBABLE CONSTRUCTION COST Table B-5 54-INCH PIPELINE -ROUTE A Freese and Nichols City of Fort Worth ACCOUNTNO. ESTIMATOR CHECKED BY DATE FTW07228 RJF ACH anuary19,2009 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 54-INCH PIPELINE 9,500 LF Class 175 5,400 LF $ 360 $ 1,944,000 Class 200 4,100 LF $ 380 $ 1,558,000 2 CATHODIC PROTECTION 9,500 LF $ 4 $ 38,000 3 8"AIR VALVES 6 EA $ 12,000 $ 72,000 4 12"BLOW-OFF VALVES 61 EA $ 11,000 $ 66,000 5 TUNNELLED CROSSINGS Interstate 30 250 LF $ 900 $ 225,000 Trinity River 500 LF $ 1,700 $ 850,000 East Lancaster Avenue 150 LF $ 900 $ 135,000 East Vickery Boulevard 100 LF $ 900 $ 90,000 Railroad Crossing 150 LF $ 900 $ 135,000 6 ASPHALT PAVEMENT REPLACEMENT 2,700 SY $ 25 $ 67,500 7 MISCELLANEOUS UTILITY RELOCATIONS 1 LS $ 100,000 $ 100,000 8 FLOWABLE FILL 1,800 LF $ 65 $ 117,000 9 VAULTS LS 54"Valve and Vault 2 LS $ 80,000 $ 160,000 10 CONNECTIONS Connection to Existing 36"Line 1 LS $ 30,000 $ 30,000 Connection to Existing 54"Line 4 LS $ 50,000 $ 200,000 'SUBTOTAL0i0 CONTINGENCY 15% $ 868,000 SUBTOTAL0i0 B-1 . f s I Freese and Nichols, Inc. Engineers Environmentat Scientists Architects I 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 817 735-7300 817 735-7491 fax www.freese.com i i i e. May 5, 2009 4 f Mr. Mark Pacheco, P.E., R.P.L.S. President Pacheco Koch Consulting Engineers 8350 North Central Expressway Suite1000 i E Dallas, Texas 76206 Re: City of Fort Worth, Texas East Side Pump Station and 54-Inch Pipeline i i Dear Mr. Pacheco, Freese and Nichols, Inc. has included your firm as a M/WBE participant on our team for the j subject project. The work to be performed by your firm includes boundary, topographic survey, k and platting for the pump station site, and topographic survey, easement documents, and j property owner research for the 54-inch pipeline. This letter will serve as a"Letter of Intent"to utilize your firm for these services at a fee of$106,765.63. The fee for this work has been I included in Freese and Nichols, Inc. prime agreement with the City of Fort Worth. j C Please sign below and return to me so that this "Letter of Intent' can be forwarded to the City for r record purposes. i i i i G Sincerely, ; Freese and.Nichols, Inc. Pacheco Koch Co suiting:Engineers t Robert McGee, P.E. Project Manager _ i i i i I 1 I i • t I Freese and N 1 Ch I f o ls, Inc. Engineers Environmental Scientists Architects i 4055 International Plaza, Suite 200 Fort Worth,Texas 76109 817 735-7300 817 735-7491 fax www.freese.com i 3 7 May 5, 2009 j }Mr. Rick Benson, P.E. Gorrondona &Associates, Inc. j 6707 Brentwood Stair Road Suite 50 Fort Worth, Texas 76112 Re: City of Fort Worth, Texas East Side Pump Station and 54-Inch Pipeline Dear Mr. Benson, Freese and Nichols, Inc. has included your firm as a M/WBE participant on our team for the subject project. The work to be performed by your firm includes Quality Level "B" and Quality Level "A" subsurface utility engineering services. Quality Level "A"will be performed at twenty one locations and your firm will provide surveying services at these locations. This letter will serve as a"Letter of Intent"to utilize your firm for these services at a fee of$26,900. The fee for this work has been included in Freese and Nichols, Inc. prime agreement with the City of Fort Worth. Please sign below and return to me so that this"Letter of Intent"can be forwarded to the City for record purposes. Sincerely, Freese and Nichols, Inc. Gorrondona &Associates, Inc.. Robert McGee, P.E. Project Manager • r I l Freese and ' Ni c h o ls, Inc. Engineers Environmental Scientists Architects i 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 817 735-7300 817 735-7491 fax www.fteese.com i i t May 6, 2009 C Mr. Fadi Faraj:, P.E. Sr. Project Manager HVJ Associates 9200 King Arthur Drive + Dallas, Texas 75247 i Re: City of Fort Worth, Texas East Side Pump Station and 54-Inch Pipeline Dear Mr. Faraj' i Freese and Nichols, Inc. has included your firm as a M/WBE participant on our team for the subject project. The work to be performed by your firm includes twelve on land borings and one river boring, laboratory testing, and engineering report preparation. This letter will serve as a "Letter of Intent"to utilize your firm for these services at a fee of$75,335. The fee for this work has been included in Freese and Nichols,Inc. prime agreement with the City of Fort Worth. Please sign below and return to me so that this"Letter of Intent" can be forwarded to the City for record purposes. Sincerely, Freese and Nichols, Inc. HVJ Associates Robert McGee, P.E. Project:Manager March 3, 2009 (Revised) PK No.: 0100 Mr. Robert McGee, P.E. FREESE&NICHOLS, INC. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Re: Letter of Intent FORT WORTH WATER LINE AND PUMP STATION PROJECT Fort Worth, Tarrant County, Texas Dear Mr. McGee: Pacheco Koch Consulting Engineers is extremely pleased to have been requested to submit this Letter of Intent to provide land surveying ;services for the referenced project. We believe that our firm has the expertise and ability to successfully provide the services you require. Pacheco Koch understands the scheduled amount for surveying services regarding the above referenced project to be in the amount of$ 106,765.63. We greatly appreciate this opportunity and look forward to the prospect of working with you. Thank you for your time and your consideration of Pacheco Koch. Sincerely, Mark A. Pacheco, P.E., R.P.L.S. President TEF/vm 01-8281 18 2009 Hutch usal am- nor Vi a e Creek.ti a e 1 Engineers...Working Wonders Wdh Witer" February 17,2009 Gupta&Associates,Inc. 13626 Gamma Road Dallas,Texas 75244 Attention: Mr.V.K.Gupta,P.E. Subject: Village Creek WWTP Seondary Area and Filter Rehabilitation and Modifications Letter of Intent Dear Mr.Gupta: As you are aware,Carollo Engineers,P.C.has included your firm as a MIWBE participant on our team for the above referenced project.This work includes electrical,instrumentation and control engineering for the preliminary design,final design,and bidding assistance phases of the above referenced project.This letter serves as a"Letter of Intent"to utilize your firm for these services at a fee of$86,400.The expected not-to-exceed professional services fee for this work has been included in Carollo's prime contract with the City of Fort Worth. Please sign below so that this"Letter of intent"can be forwarded to the City for record purposes.We look forward to working with you further on this project. Sincerely, CAROLLO ENGINEERS,P.C. v.� -6"U Hisham"Hutch"Musaliam,P.E. Gupta-&fcs'iX a es,Tric. Project Manager a HM jw cc: Farida Goderya,PH.D.,P.E.(FWWD) xc: File Signature Place it.14785 Preston Road.Suite 95%Dallas.TX 75254 P.972.239.9049 F.972.239.9117 >; Cairo®"OM . ,�,�►�°'°'. 11,E Engineers...Working Wonders With Water " February 18, 2009 Alphagraphics 83 5836 Camp Bowie Blvd Fort Worth,TX 76107 Attention: Ms. Susanne E. Cowan Subject: Village Creek WWTP Secondary Area and Filter Rehabilitation and Modifications Letter of Intent Dear Ms.Cowan: As you are aware, Caroilo Engineers, P.C. has included your firm as a M/WBE participant on our team for additional work on the above referenced project.This work includes printing and reproduction services for the above referenced project. This letter serves as a"Letter of Intent" to utilize your firm for these services at a fee of$18,000. The expected not-to-exceed professional services fee for this work has been included in Carolio's prime contract with the City of Fort Worth. Please sign below so that this "Letter of Intent" can be forwarded to the City for record purposes.We look forward to working with you further on this project. Sincerely, CAROLLO ENGINEERS, P.C. His m "Hutch" usailam, P.E. Alpha phics 3 Project Manager HM,jw cc: Farida Goderya, PH.D, P.E. (FWWD) xc: File Signature place 11,U785 Preston Rib' Suite 050,D lag,T3 T5264 P.972:2391,049.F.972 23$9 E 17 earolto�orn _ - 54"Transmission Pipeline and Eastside Pump Station Preliminary Design Cost Summary-Pipeline and Pump Station Effort (As of 12/31/08) Project Discipline PIPELINE EFFORT PUMP STATION TOTAL FEE EFFORT BASIC SERVICES PIPELINE DESIGN $ 387,190.00 $ 387,190.00 PUMP STATION PRELIMINARY DESIGN $ 46,600.00 $ 46,600.00 SUB-TOTAL(BASIC SERVICES) $ 387,190.00 $ 46,600.00 $ 433,790.00 SPECIAL SERVICES GEOTECHNICAL(PIPELINE) $ 28,451.50 $ 28,451.50 GEOTECHNICAL(RIVER CROSSING) $ 54,417.00 $ 54,417.00 SURVEYING $ 106,760.55 $ 5,000.00 $ 111,760.55 SUBSURFACE UTILITY ENGINEERING $ 29,590.00 $ 29,590.00 ESPS SITE PLATTING $ 24,653.75 $ 24,653.75 PUBLIC INVOLVEMENT $ 4,000.00 $ 2,000.00 $ 6,000.00 COORDINATION MEETINGS WITH THE TRINITY $ 19,850.00 $ 19,850.00 RIVER VISION AUTHORITY ENVIRONMENTAL PERMITTING $ 22,000.00 $ 22,000.00 TEXAS WATER DEVELOPMENT BOARD WATER INFRASTRUCTURE FUND A. TEXAS WATER DEVELOPMENT BOARD WATER INFRASTRUCTURE FUND $ 20,460.00 $ 20,460.00 SUBMITTALS B. ENVIRONMENTAL ASSESEMENT FOR $ 55,000.00 $ 55,000.00 TWDB WATER INFRASTRUCTURE FUND CORROSION ENGINEERING $ 28,600.00 $ 28,600.00 SWPPP $ 5,000.00 $ 5,000.00 SUB-TOTAL(SPECIAL SERVICES) $ 374,129.05 $ 31,653.75 $ 405,782.80 TOTAL M/WBE PARTICIPATION $ 761,319.05 $ 78,253.76 $ 839,572.80 V&A One Riverway,Suite I700 70568.9067 Tel Houstnr>.TX 77056 713.568.9068 Fax } vaenglneering.corn 08-0221 March 2,2009 r_ RabM McGee,P.E. Project Manager Freese and Nichols,Inc. 4055 Internal Plaza,Suite 200 Fort Worth,TX 76109-4895 SUBJECT: Corrosion Services for City of Fort Worth East Slde Pump Statlan and 54-inch Pipeline Project Dear Mr. Sloan, V&A is pleased to provide corroslon engineering services for the buried metallic pfpelines associated with the expansion of the East Side Pump Statlon and the 54-Inch diameter Northside pipeline. tt is our understanding that there are three options For the pipeline alignment. Routes & B, and C between the East Side Pump Station and the Trinity River Crossing, We understand the estimated cost for corrosion engineering services on this project will be$26,000 V&A is willing and preparing to submit its application for OBE status through the North Central Texas Regional Certification Agency in an effort to support Freese & Nichols In Its efforts to meet the goals for this project. Sincerely, V&A Consulting Engineers,Inc. Jose L.Villalobos, P.E. President OAKLAND I SAN DIEGO HOUSTON I SEATrLE ATTACHMENT B-7 OPINION OF PROBABLE CONSTRUCTION COST E a M, Table B-3 East Side Pump Station - Scenario 1 b- Phase 1 Freese and Nichols City of Fort Worth ACCOUNT • •' CHECKED BY DATE FTW07228 RJF ACH March 19,2008 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL NEW 55 MGD PUMP STATION 1 BUILDING 24"DRILLED PIER 2,000 VLF $ 100 $ 200,000 42"DRILLED PIER 500 VLF $ 300 $ 150,000 GRADE BEAMS 244 CY $ 500 $ 122,000 CONCRETE FOUNDATION 632 CY $ 400 $ 252,800 CONCRETE SEALER 17,100 SF $ 1 $ 17,100 PRE-CAST WALL PANELS 24,150 SF $ 18 $ 434,700 STRUCTURAL STEEL FRAME 86 TN $ 2,800 $ 240,800 1-1/2" METAL DECKING 11,729 SF $ 3 $ 29,323 MEZZANINE CONCRETE DECK 28 CY $ 450 $ 12,600 METAL STAIRS 42 RISR $ 350 $ 14,700 HANDRAIL 75 LF $ 35 $ 2,625 ACCESS LADDER 18 VLF $ 45 $ 810 EPDM ROOFING 14,000 SF $ 5 $ 70,000 SAND ROOF COVERING 3,000 SF $ 1 $ 3,000 INTERIOR CMU WALLS FOR ELECTRICAL ROOM 1,200 SF $ 12 $ 14,400 DOORS SINGLE 5 EA $ 2,000 $ 10,000 DOUBLE 2 EA $ 2,500 $ 5,000 12x18 COILING OVERHEAD DOOR 1 EA $ 7,500 $ 7,500 BRIDGE CRANE 15-TON 1 LS $ 125,000 $ 125,000 FLOOR GRATING 860 SF $ 45 $ 38,700 BUILDING ACCESSORIES 1 LS $ 90,000 $ 90,000 SCUPPERS 10 EA $ 200 $ 2,000 DOWNSPOUTS 270 LF $ 5 $ 1,350 4'SIDEWALK 878 SF $ 5 $ 4,390 PIPE BOLLARDS 4 EA $ 500 $ 2,000 FLOOR DRAINAGE 1 LS $ 5,000 $ 5,000 HVAC SYSTEM DUCTWORK 1 LS $ 16,000 $ 16,000 ELECTRIC HEATERS 12 EA $ 525 $ 6,300 17,000 CFM FANS 8 EA $ 6,000 $ 48,000 17,000 CFM HOODS 8 EA $ 5,100 $ 40,800 10 TON PACKAGED ROOFTOP UNITS 2 EA $ 25,000 $ 50,000 2 PIPING,VALVES AND EQUIPMENT 15 MGD,500 HP PUMPS 1 EA $ 280,000 $ 280,000 25 MGD,750 HP PUMPS 2 EA $ 360,000 $ 720,000 36" BALL VALVES 2 EA $ 75,000 $ 150,000 30" BALL VALVES 1 EA $ 62,500 $ 62,500 AIR-OIL ACCUMULATOR 1 LS $ 150,000 $ 150,000 CATHODIC PROTECTION 1 LS $ 25,000 $ 25,000 48" PIPE AND FITTINGS HEADERS 200 LF $ 480 $ 96,000 36"BUTTERFLY VALVES 2 EA $ 22,000 $ 44,000 30"BUTTERFLY VALVES 1 EA $ 18,333 $ 18,333 36"PUMP SUCTION/DISCHARGE PIPING 128 LF $ 252 $ 32,256 30" PUMP SUCTION/DISCHARGE PIPING 64 LF $ 210 $ 13,440 36" HARNESSED DRESSER COUPLING 2 EA $ 6,000 $ 12,000 30"HARNESSED DRESSER COUPLING 1 EA $ 5,000 $ 5,000 36"ELBOW 81 EA $ 9,200 1 $ 73,600 ATTACHMENT B-7 30" ELBOW 4 EA $ 7,600 $ 30,400 36"X 28"REDUCER 2 EA $ 7,500 $ 15,000 36"X 30" REDUCER 2 EA $ 7,800 $ 15,600 30"X 24" REDUCER 2 EA $ 6,300 $ 12,600 30"X 22" REDUCER 1 EA $ 6,250 $ 6,250 30"X 24" REDUCER 1 EA $ 6,500 $ 6,500 24"X 18" REDUCER 1 EA $ 5,250 $ 5,250 4"CAV TYPE A MANHOLE 4 EA $ 15,000 $ 60,000 2"CAV 6 EA $ 5,000 $ 30,000 FLOWABLE FILL ENCASEMENT 174 LF $ 85 $ 14,790 3 ELECTRICAL AND INSTRUMENTATION HID HIGH BAY LIGHT FIXTURES PUMP ROOM 30 EA $ 500 $ 15,000 iX4 FLORESCENT LIGHTS ELECTRICAL ROOM 24 EA $ 300 $ 7,200 4160V SWITCHGEAR Main-Tie-Main, Feeder Brks) 1 LS $ 400,000 $ 400,000 25kV Switch 2 LS $ 25,000 $ 50,000 25KV-4.16KV 5 MVA TRANSFORMERS 2 EA $ 200,000 $ 400,000 4160V 500 HP VARIABLE FREQUENCY DRIVE 1 EA $ 200,000 $ 200,000 4160V 750 HP SOFT-STARTERS W/PFCC'S 2 EA $ 130,000 $ 260,000 4160V 500 HP SOFT-STARTERS W/PFCC'S EA $ 130,000 $ - 480V MCC 1 EA $ 80,000 $ 80,000 500 KVA DRY TYPE TRANSFORMER 4160-480 V 2 EA $ 30,000 $ 60,000 75 KVA DRY TYPE TRANSFORMER 480-208Y/120V 1 EA $ 10,000 $ 10,000 42 CKT. PANELBOARD 2 EA $ 5,000 $ 10,000 SITE LIGHTING 12 EA $ 5,000 $ 60,000 VAULT ELECTRICAL 9 EA $ 10,000 $ 90,000 CONDUIT/CABLE 1 LS $ 200,000 $ 200,000 MISC ELECTRICAUINSTRUMENTATION 1 LS $ 100,000 $ 100,000 SCADA/COMMUNICATIONS 1 EA $ 150,000 $ 150,000 4 YARD PIPING AND CONNECTIONS 54"YARD PIPING 50 LF $ 432 $ 21,600 48"YARD PIPING 1,270 LF $ 384 $ 487,680 42"YARD PIPING 130 LF $ 336 $ 43,680 36"YARD PIPING 60 LF $ 288 $ 17,280 54" BUTTERFLY VALVE AND VAULT 2 EA $ 120,000 $ 240,000 48" BUTTERFLY VALVE AND VAULT 3 EA $ 110,000 $ 330,000 42" BUTTERFLY VALVE AND VAULT 1 EA $ 100,000 $ 100,000 36"BUTTERFLY VALVE ANDVAULT 2 EA $ 90,000 $ 180,000 30"GATE VALVE 1 EA $ 15,000 $ 15,000 20"GATE VALVE 1 EA $ 12,000 $ 12,000 12" BOV TYPE A MANHOLE 1 EA $ 12,000 $ 12,000 FLOW METER AND VAULT 1 EA $ 80,000 $ 80,000 CONNECTION TO 20" PIPE 1 EA $ 10,000 $ 10,000 CONNECTION TO 30" PIPE 1 EA $ 15,000 $ 15,000 CONNECTION TO 36"PIPE 3 EA $ 18,000 $ 54,000 CONNECTION TO 42"PIPE 1 EA $ 21,000 $ 21,000 CONNECTION TO 54"PIPE 1 EA $ 27,000 $ 27,000 5 SITEWORK BACKFILL SELECT MATERIAL 2,000 CY $ 10 $ 20,000 PARKING LOT CONCRETE 2,950 SY $ 25 $ 73,750 LIME STABILIZED SUBGRADE 1,500 SY $ 3 $ 3,750 LIME 40 TN $ 110 $ 4,400 20'DOUBLE LEAF GATE 2 EA $ 2,000 $ 4,000 FENCING 1,600 LF $ 15 $ 24,000 SUBTOTAL(PHASEl) 000 MOBILIZATION 5% $ 389,000 SUBTOTAL000 CONTINGENCY 15% $ 1,226,000 ENGINEERING I 10% $ 9402000 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program ----�� Dept.:PMO Subject:Schedule Specifications Version:1.0 Effective Date:June 30,2009 Attachment D—Project Schedule This PROTECT requires a Tier <_<_3 » schedule as de>tned herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera(Version 6.1 or later or approved by CITY) — Primavera Contractor(Version 6.1 or later or approved by CITY) — Primavera SureTrak(Version 3.x or later or approved by CITY) — Microsoft Project (Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones,and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, CITY OF FORT WORTH,TEXAS 1 OF 2 PROGRAM MANAGEMENT OFFICE • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of :this document. CONSULTANT shall submit each schedule relying on the CITY's ' t Schedule Guidance Document. .'s » D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement; CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. CITY OF FORT WORTH,TEXAS 2 OF 2 PROGRAM MANAGEMENT OFFICE City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/11/2009 DATE: Tuesday,August 11, 2009 REFERENCE NO.: C-23714 LOG NAME: 60EASTSIDE PUMP STATION&54 INCH WATERLINE SUBJECT: Authorize an Engineering Agreement with Freese and Nichols,Inc.,in the Amount of$840,000.00 to Perform Preliminary Design for Eastside Pump Station and Preliminary/Final Design and General Construction Representation for the 54 Inch Eastside II Water Line RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Agreement with Freese and Nichols, Inc.,in the amount of$840,000.00 to perform preliminary design for the Eastside Pump Station and preliminary/final design and general construction representation for the 54 inch Eastside II Water Line. DISCUSSION: The Eastside Pump Station(ESPS) supplies water to the Eastside II pressure plane. The original ESPS is approximately 60 years old and due to unreliable electrical switchgear,capacity limitations and old cast iron piping is being recommended for replacement. The Water Master Plan prepared by Freese and Nichols,Inc., (May 2005) shows that the pump station capacity should be increased to meet projected future water demand and a major Eastside II water transmission main should be constructed parallel to North Beach Street. The water main construction should be accelerated to meet the Trinity River Vision Oxbow project. An operational study and a conceptual design for the new ESPS and projected water mains was recently completed(February 2008)by Freese and Nichols, Inc.,to evaluate how the ESPS best fits in the long range plans of the water distribution system and determine the required capacity for present operating conditions and projected build—out conditions.This project includes preliminary design for the new ESPS pump station and the proposed Eastside II water line and final design and general construction representation for the proposed Eastside II water line. Freese and Nichols,Inc.,proposes to perform the necessary design work for a fee not to exceed$840,000.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. Freese and Nichols,Inc., is in compliance with the City's M/WBE Ordinance by committing to a 25 percent M/WBE participation.The City's goal on this amendment is 24 percent. In addition to the contract amount, $42,000.00 is required for project management by the Water Department. This project is located at original ESPS site within COUNCIL DISTRICT 8,Mapsco 78J. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated,of the Water Capital Projects Fund. r � 6 FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 608160036932 $89,573.00 P265 511010 608160036931 $42,000.00 P265 531200 608160036932 $100,000.00 P265 531200 608160036933 $650,000.00 CERTIFICATIONS: Submitted for City Manager's Office by; Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Farida S. Goderya (8214) ATTACHMENTS 1. 54 inch replacement Map.pdf 2. 60Eastside PS 54in Waterline BFT REVISED.pdf 3.EastsidePSLocationMal2.pdf 4. Funds Availability 60EASTSIDE PUMP STATION&54 INCH WATERLINE.pdf 5. MWBE Compliance Memo.pdf