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HomeMy WebLinkAboutContract 29981 CIT / SECRETARY / CITY OF FORT WORTH, TEXAS CONTRACT NO. 90 STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and Nichols, Inc. (ENGINEER), for a PROJECT generally described as: Program Management for Eagle Mountain Water Treatment Plant 35 MGD Expansion. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to ENGINEER will be made as follows: A. Invoice and Payment (1) ENGINEER shall provide the CITY sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I,the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest-jlrfi, � event of suspension of services, the ENGINEER shall have n to CITY for services. R:\Contract\2004\FortWorth\FTW04134 Contract.doc 0 �° Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General ENGINEER will serve as the CITY's professional engineering representative underthis AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to 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) 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. 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 ENGINEER. D. Preparation of Engineering Drawings ENGINEER will not be providing any Engineering Drawings under this Contract. R:\Contract\2004\FortWorth\FTW04134 Contract.doc - 2 - E. ENGINEER's Personnel at Construction Site (1) The presence or duties of ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make 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. 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, 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 or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, ENGINEER shall endeavorto keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required in providing the services set forth in Attachment A, ENGINEER shall furnish such certification to verify materials, systems, or equipment and performance criteria as are required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) 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,rE 4GtNEE9 has no control over cost or price of labor and material -unknown or latent conditions of existing equipment or structu s. �t� �y,affec R:\Contract\2004\FortWOrth\FTW04134 Contract.doc w � � %11,41" , - 3 - operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operation personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that the CITY's actual PROJECT costs,financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. C-L Construction Progress Payments Recommendations by ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on 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 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 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. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until tHp expiration.of three (3) years after final payment under this contract, V�M�e R:\Co ntmt\2004\FortWorthTT W04134 Contract.doc - 4 - right to examine and photocopy any directly pertinent books, documents, papers and records of 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 all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontracts, 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. K. ENGINEER's Insurance (1) Insurance Coverage and Limits: ENGINEER shall provide to the CITY certificate(s) of insurance documenting policies of the following coverage at minimum limits which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate --— (2) Certificates of insurance evidencing that ENGINEER has obtained all' required insurance shall be delivered to the CITY priorto EN61N>✓�R R:\Contract\2004\FortWorth\FTW04134 Contract.doc - 5 - proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverages specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non- renewal or material change in coverage shall be provided to the CITY. A ten (10) day 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. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the CITY. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The CITY shall be entitled, upon its request and without incurring expense, to review ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability ins uranDe=Iicy-&hall-have no exclusions by endorsements unless'such are approved by the CITY. (j) The Professional Liability insurance pbli(:N, if_wry-on R:\Contract\2004\FortWOrthTTW04134 Contract.doc 11 - 6 - claims made basis shall be maintained by ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in Section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to ENGINEER shall be required by ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is cancelled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the AGREEMENT. L. Independent Consultant ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure ENGINEER acknowledges to the CITY it has made full disclosure in writing of any existing conflicts of interest or potential conflicts if interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which 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, 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, ENGINEER will, if requested, assist the CITY in ob Tr a services of a qualified subcontractor to manage the reme iation activities of the PROJECT. R:\Contract\2004\FonWorth\FTW04134 Contract.doc - 7 - 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 ENGINEER should have been aware of at the time this AGREEMENT was executed, 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 ENGINEER could not have been reasonably aware of, ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to ENGINEER all technical data in the CITY's possession relating to ENGINEER's services on the PROJECT. 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 ENGINEER as required for ENGINEER's performance of its services and will provide labor and safety equipment as required by ENGINEER for such access. The CITY will perform, at no cost to ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with 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 ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine ENGINEER's studies, repo E n s, specifications, proposals, and other documents; obtforn y, insurance counselor, accountant, auditor, bond and rs, and R:\ConuW\2004\FortWorth\FrW04134 Conmadoc - 8 - 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. E. Prompt Notice The CITY will give prompt written notice to ENGINEER whenever the CITY observes or becomes aware of any development that affects the scope or timing of ENGINEER's services or of any defect in the work of ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess, or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release, or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if such hazardous substance, contaminant, or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and 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 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 ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and ENGINEER and there are no third-party beneficiaries. R:\Contract\2004\ForlWorlh\FTW04134 Contract.doc - g - (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of 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 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 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. R:\Contract\2004\FortWorth\r-TW04134 Contract.doc - 10 - B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of 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 ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications, and documents shall be owned by the CITY. C. Force Majeure 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 ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the CITY for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the CITY, ENGINEER will be paid for termination expenses as follows: (a) Cost of reproduction of partial or complete studies, plans, specifications, or other forms of ENGINEER's work product. (b) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services. (c) The time requirements for 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, 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 of Work The CITY may suspend, delay, or interrupt the services of ENGINEER forthe convenience of the CITY. In the event of such suspension, delay, or R:\Contract\2004\FOrtWOrth\FI'W04134 Contract.doc - 11 - interruption, an equitable adjustment in the PROJECT's schedule, commitment, and cost of ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F Indemnification (1) ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for any property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both ENGINEER and the CITY (for a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, Section 33.011(4) (Vernon Supplement 1996). G Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort 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 means the CITY and ENGINEER and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this AGREEMENT or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted tortediation. If mediation is unsuccessful, the claim, dispute, Or' ,othWh gter in question shall be submitted to arbitration if: both parties acting reasonably agree that the amount of the dispute is likely to be less R:\Con tractQ'004\FortWorth\FTW04134 Contract.doc than $50,000, exclusive of attorney's fees, costs, and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs, and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs, and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. L. 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., VIH., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. M. 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. R:\Contract\2004\FortWorth\FTW04134 Contract.doc - 13 - Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C - Supplemental Obligations of ENGINEER IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be signed in quintuplet in its name and on its behalf, by its Assistant City Manager and attested by its City Secretary, with the Corporate Seal affixed, and the Engineer also has properly executed this instrument in quadruplet copies each of which is deemed an original. EXECUTED this _ 1 U day of // , A.D., ATTEST: Cl WOR Syria Glo ver c Ott Acting City Secretary Assistant Ci Manager APPROVED AS TO FORM _ C� AND LEGALITY contract Authorizwtioa *Z----- Date ssistantity Attorney ATTEST: FREESE AND NICHOLS, INC. By: xj' �4 Robert F. Pence, P.E. President and CEO APPROVAL RECOMMENDED: By: Z ale A. Fiss r, P.E. Water Director ITO R, R:\Contract\2004\FortWorth\FTW04134 Contraculoc - 14 - ATTACHMENT A GENERAL SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR PROGRAM MANAGEMENT OF EAGLE MOUNTAIN LAKE WATER TREATMENT PLANT EXPANSION GENERAL SCOPE OF SERVICES SECTION 1 - DESCRIPTION OF PROGRAM, AGREEMENT AND SCHEDULE The project consists of Program Management services for construction of a 35 MGD expansion of the Eagle Mountain Lake Water Treatment Plant for the City of Fort Worth. Capital improvements anticipated as part of this Program include: • Modification of the raw water intake at Eagle Mountain Lake. • Expansion of the raw water pumping station. • Construction of a new raw water transmission line parallel to the existing line. • Expansion of the existing headworks and ozone pretreatment system. • Expansion of the water treatment system by(1)addition of new conventional treatment unit processes similar to those presently in place,or(2)addition of membrane treatment processes in lieu of conventional filtration. • Construction of a new clear well and expansion of the high service pump station. • New electrical substation and primary power supply to the treatment facilities. • Expansion of the SCADA system. • Modification and/or expansion of the chemical feed systems. • Building modifications and/or additions as required to house the treatment facilities. • Roads, site grading and storm water control facilities. • Sanitary sewer system improvements as necessary to accominodate the additional wastewater flow from the expanded water treatment system. This agreement describes the services to be provided by FNI as the Program Manager. The scope of services is presented as basic services and additional services. The basic services cover the elements required for the Program that are authorized by the execution of the contract. The additional services are the work elements that could be required and are identified in the contract but are not authorized until FNI is given additional written approval by the City. The Attachment A General Scope of Services Items 1 through 26 are deleted. Attachment A-1 Revised 2-11-04 The Program is schedule driven due to the need to have the new facilities in place and in operation to meet the increasing water demands of the citizens of the City of Fort Worth. The expanded facilities are scheduled to be operational by June 2007 with final completion of all projects conducted under the Program by October 2007. A listing of major program management project milestones is attached as Exhibit 1. Freese and Nichols, Inc. (FNI) will provide Program Management services consisting of coordination, management and technical oversight of activities performed by other engineering consultants. As part of these services,FNI will also perform a series of technical tasks with specific deliverable work products necessary for planning and development of the Program. A listing of deliverables is attached as Exhibit 2. FNI's Program Management services shall consist generally of the following tasks: BASIC SERVICES 1.00 Program Administration 1.01 Planning/Conceptual Design Workshop 1.02 Program Scheduling 1.03 Public Information Program 1.04 Project Review Meetings and Status Reports 2.00 Treatability Study 2.01 Pre-Pilot Testing and Study 2.02 Qualification Pilot Testing and Study 3.00 Conceptual Design Phase Program Management 3.01 Plant Walk-Through with City Operations Staff 3.02 Conceptual Design Workshop 3.03 Basis of Design Memorandum 3.04 Concept Design Evaluation and Report 3.05 Concept Design Review Workshop 3.06 Master Planning for the 210 MGD Treatment Facility 3.07 Design Intent Documents 3.08 Government and Regulatory Agencies Liaison and Permitting Assistance 3.09 Environmental Screening Assessment 3.08 Primary Electrical Service Review Meeting 4.00 Design Consultant Selection Phase Program Management 4.01 Assemble Project Scoping Documents 4.02 Review Requests for Proposals (if requested by City) 4.03 Assist with Coordination of Scopes of Work Between Design Consultants(if requested by City) 4.04 Assist with Development and Review of Design Phase Project Schedules Attachment A-2 Revised 2-11-04 5.00 Design Phase Program Management 5.01 Project Reconnaissance Walk Through with Design Consultant(s) 5.02 Pre-Design Workshop 5.03 Design Review/Coordination Meetings 6.00 ADDITIONAL SERVICES Section 6 describes services that may be required during the project, and can be provided by FNI,but are not included as Basic Services under this Scope of Work. SECTION 2 - BASIC SERVICES This section describes the services Freese and Nichols, Inc. will provide as basic services. 1.0 PROGRAM ADMINSTRATION 1.01 Planning Workshop Conduct a workshop with the City to identify and prioritize goals,objectives and issues of the Program. 1.02 Program Scheduling FNI shall prepare, maintain, refine and update an overall Program Schedule. The Program Schedule shall include a comprehensive list of Program Management tasks, design and construction activities required for implementation of the Program. The Program Schedule shall be updated and included in the monthly progress reports. Development and maintenance of the Program Schedule will include the following: a. Prepare a draft program master schedule for the Program Management Plan. The Program schedule will identify management tasks and activities, specific design and construction projects consistent with the work breakdown structure. b. Update the draft schedule to reflect the final workplans developed by the Design Consultants and construction contractors. C. Prepare a milestone schedule that indicates the last acceptable date for each scheduled activity and the party responsible for each activity. d. Monitor the master schedule and milestone schedule and revise as necessary to determine the impact of scope and schedule changes. e. Develop scheduling requirements for Design Consultants and construction contractors for incorporation into the Design Consultant's contract d H4F Attachment A-3 Revised 2-11-04 f. Review design consultant's and construction contractors' preliminary schedules to determine that the proposed schedules are consistent with the master schedule. g. Compare actual with planned progress each month during the design and construction phases to determine if project is on schedule. Include information regarding overall project schedule in monthly summary reports. h. Incorporate contract modifications and their schedule impacts in the master schedule. Use this information to assess the impact of contract changes on the project to negotiate an equitable change in the contract time or amount. i. Time impact analysis in the event of claims for time or extended overhead is an additional service that can be provided upon request. 1.03 Public Information Program FNI will plan,organize and conduct up to two public meetings to inform the nearby residents and general public of the project objectives, timelines for design, ROW acquisition (if applicable), and construction of the various program elements. FNI will prepare and distribute meeting notices, identify and coordinate use of the meeting space, prepare the presentation for the use by City officials,conduct the meeting,and prepare meeting minutes. It is anticipated that the first meeting will occur during the preliminary design phase,and the second meeting will occur just prior to construction. 1.04 Project Review Meetings and Status Reports FNI will plan, organize and document regular project review meetings with City Staff. Meetings will be for the purpose of reviewing the progress of the work,receiving comments on draft work products, reviewing schedule and budget issues,and other project management functions. FNI will prepare and submit weekly one-page status reports describing work performed, anticipated tasks and deliverables for the subsequent two week period, status of data requests, outstanding issues and action items. 2.00 TREATABILITY STUDY (MEMBRANE PILOT TESTING) The focus of the treatability study will be to develop the necessary engineering design criteria to determine the feasibility of using membrane technology in lieu of conventional gravity filtration. The treatability study will be conducted in two phases. Phase I will be a screening study to determine the general feasibility of using membranes and will be conducted using a single pilot scale treatment unit supplied by a reputable manufacturer. The study will last for at least 90 days and will be conducted in accordance with the testing protocol developed by the Texas Commission on Environmental Quality. Phase I will determine the performance characteristics of the microfiltration membranes under site specific, full scale operating conditions in order to develop engineering design criteria needed fort con Attachment A-4 Revised 2-11-04 and analysis of membrane technology as one alternative process for expansion of the treatment plant. If initial pilot testing performed as part of Phase I proves membranes as being feasible,then Phase H of the treatability study will commence. The purpose of Phase H will be to develop the operational experience with products of multiple membrane manufacturers(and possibly different products from the same manufacturers) to allow FNI, the City and the Design Consultant to pre-qualify manufacturers and products as potential suppliers for the treatment plant expansion. Phase H will be conducted in accordance with a pilot testing protocol developed by FNI and approved by TCEQ and will last approximately 8 months. The specific services related to the treatability study shall include: 2.01 Pre-Pilot Testing and Study This phase includes work to develop and perform a short-term pilot study using a single manufacturer's membrane filtration system. The objective of the pre-pilot testing phase is to develop the necessary membrane design and operational characteristics for use in the conceptual engineering design (described in Section 3.04) which will involve a detailed evaluation of the alternatives of conventional treatment or membrane filtration processes for expansion of the Eagle Mountain Lake WTP to an ultimate capacity 210 MGD. If at any time during the pre-pilot testing it is determined that membrane filtration is not a suitable process for treatment of the raw water sourced from Eagle Mountain Lake, as indicated by excessive transmembrane pressures, inordinately low flux rate, irreversible scaling or other"fatal flaw", then the pre-pilot testing will be discontinued and the Phase H Qualification Pilot Testing will be cancelled, or if testing has already begun, the Phase H testing will be terminated. a. Prepare draft pre-pilot study protocol Prepare a pilot testing protocol describing operating modes, information requirements, and analytical requirements. Sample collection procedures will be prepared. Based upon information provided by the system manufacturer, a schedule will be prepared prescribing phases of testing for the pre-pilot study. As described in the "Review of Pilot Study Protocols for Membrane Filtration" published by the Texas Commission for Environmental Quality (TCEQ), the pilot study will include three phases: - Phase 1 will last a minimum of 30 days and will allow variation of operating parameters (flux, backwash intervals, cleaning regimen, etc.) to determine optimum operation of the membrane filtration system. - Phase 2 will last a minimum of 30 days operating at the optimum conditions determined in Phase 1. - Phase 3 will last a minimum of 10 days and will confirm that, after chemical cleaning, the membrane system continues to be capable of operating at the design conditions selected in previous phases without irreversible flux loss. Attachment A-5 Revised 2-11-04 The draft protocol will be presented to City staff for review and comment. Note that, while this protocol will be developed to meet TCEQ guidelines, the pilot work conducted under this Phase is not intended to be used for obtaining an operating permit from TCEQ for a membrane filtration treatment plant. Rather, pilot work in this Phase is intended to support the conceptual design of the treatment plant to enable selection of conventional treatment versus membrane filtration technologies. b. Final pre-pilot study protocol Following receipt of comments from City staff, the pilot study protocol will be revised and issued in final form. C. Start-up pilot systems and train operators FNI will coordinate startup and initial operation of the pilot system. Treatment plant operators will receive training in operation of each of the filtration systems and in operation of the data collection systems. d. Pre-pilot study engineering support FNI will visit the site on a weekly basis, or as needed to assist with troubleshooting of the pilot system. FNI will coordinate collection, preparation and shipping of samples for laboratory analysis on a bi-weekly basis. e. Review pre-pilot study data Operating data will be reviewed as it is collected to verify that the correct data is being obtained and that the pilot systems are being operated according to the protocol. Data will be placed into the appropriate databases for analysis. f. Prepare pre-pilot study draft report Following completion of the pilot work, FNI will prepare a draft report describing the operation of the pilot system. This report will include a summary of operating data and analytical data gathered from the pilot study. Recommendations will be made for conceptual design of a full-scale membrane filtration treatment plant, and conceptual capital and operating costs presented. g. Prepare pre-pilot study final report Following receipt of comments from City staff, the pilot study report will be revised and issued in final form. 2.02 Phase 2 Qualification Pilot Testing and Study Phase 2 of pilot testing is intended to provide a basis for selecting membrane filtration equipment suitable for installation at the Eagle Mountain Lake Water Treatment Plant and to provide the information necessary for TCEQ to issue an o �J��,�j w e Treatment Plant. Phase 2 is intended to last significantly longer t � i o obtain operating data under the varying conditions seen over the A916 e 4a4.. Attachment A-6 L----Revised-2-11-04 a. Meet with TCEQ to obtain regulatory input Although TCEQ has published guidelines for pilot studies, it is important to meet with the regulators to discover particular issues and concerns that they might have for the various membrane filtration technologies. b. Prepare draft qualification pilot study protocol Prepare a pilot testing protocol describing operating modes, information requirements, and analytical requirements. Prepare sample collection procedures. An operating schedule will be prepared prescribing phases of testing for the pre- pilot study. While all three phases described in the "Review of Pilot Study Protocols for Membrane Filtration" published by the TCEQ will be included, the pilot study will extend beyond the minimum 90 days prescribed in that document. It is expected that the pilot study will approximately 8 months in order to obtain operating data during several weather seasons. The protocol will have two primary aims: obtain data necessary to satisfy the requirements of the TCEQ, and provide verification of which membrane systems are suitable for installation in the full-scale treatment plant. The draft pilot study protocol will be submitted to the City and TCEQ staff for review. C. Final qualification pilot study protocol Comments on the draft pilot study protocol will be incorporated and a final protocol issued. d. Solicit participation by suppliers and obtain rental contracts Reputable membrane filtration system manufacturers will be contacted and asked to participate in the pilot study. Rental contracts acceptable to the City and to the manufacturers will be negotiated and presented to the City for signature. e. Coordinate installation of qualification pilot systems It is anticipated that as many as six different membrane filtration equipment manufacturers may participate in the pilot study. In order to provide useable pilot data for all systems, it is necessary to provide a stable, reliable water supply and reliable operating environment. Doing so will require care in planning the required facilities. e.I Design infrastructure e.1.l Prepare process flow diagram Water supply requirements, chemical requirements, and process connection requirements for each of the membrane pilot units will be incorporated into a single process flow diagram describing pumping, piping, and storage requirements for the entire system. Attachment A-7 Revised 2-11-04 e.1.2 Prepare layout drawing Dimensional data from the manufacturers, along with City drawings of the site to be used for the pilot study, will be used to develop an overall site layout drawing. This drawing will show the location of water supply and effluent pipelines, tankage (if required), filtration equipment, and major electrical systems. This drawing will be suitable for use by a contractor or City forces to prepare the site. e.1.3 Prepare electrical single-line diagram Information from the manufacturers and the hydraulic profile (which will indicate the need for pumping) will be used to develop an electrical single line diagram. This diagram will be suitable for use by an electrical contractor or City forces to provide power to the filtration equipment and pumps. e.1.4 Prepare piping details drawing A piping details drawing will be developed describing connection requirements to the filtration equipment, connection to the water source, and connection to the waste discharge. e.2 Disposal design Consideration will be given to disposal of water used in the pilot study. As a basis for estimation, it is assumed that both filtrate and backwash water will be returned to the headworks of the existing conventional filtration plant. Membrane cleaning chemical waste will be contained and disposed of by the City at an appropriate location. e.3 Design record keeping system The pilot study will generate an immense amount of data. Validating this data and maintaining it in a reliable and accessible manner will require careful attention. Databases will be developed to maintain the data and procedures established to ensure that the correct data is obtained and properly stored. e.4 Coordinate contractor's activities Installation of the infrastructure and filtration equipment will require the resources of a contractor or City forces. FNI will coordinate the work of the contractor or City forces to maintain the desired schedule and have infrastructure in place as the filtration equipment arrives. f. Start-up pilot systems and train operators FNI will coordinate startup and initial operation of the pilot systems. Treatment plant operators will receive training in operation of each of the filtration systems and in operation of the data collection systems. Attachment A-8 Revised 2-11-04 g. Qualification pilot study engineering support FNI will visit the site on a weekly basis, or as needed to assist with troubleshooting of the pilot systems. FNI will coordinate collection, preparation and shipping of samples for laboratory analysis on a bi-weekly basis. h. Review qualification pilot data Operating data will be reviewed as it is collected to verify that the correct data is being obtained and that the pilot systems are being operated according to the protocol. Data will be placed into the appropriate databases for analysis. i. Prepare qualification pilot study draft report Operating experience and data from the pilot study will be compiled into a draft report. The draft report will include recommendations of which membrane filtration systems to include in solicitation for full-scale treatment equipment, as well as recommendations for operating parameters for the full-scale equipment. In particular, the report will present the information required by TCEQ to provide a preliminary operating permit for the full-scale treatment plant. j. Prepare qualification pilot study final report Following receipt of comments from City staff and the TCEQ, the report will be revised and issued in final form. 3.00 CONCEPTUAL DESIGN PHASE PROGRAM MANAGEMENT SERVICES The Conceptual Design Phase program management services include technical tasks required for evaluation of the alternatives for expanding Eagle Mountain Water Treatment Plant to an ultimate capacity of 210 MGD. The concept design effort will make use of the membrane design criteria and operational characteristics developed from the Pre-pilot Testing Program (Section 2.01) to prepare conceptual design(s)for membrane filtration processes in sufficient detail to allow comparison to the alternative of expanding the plant using the treatment processes currently employed at Eagle Mountain Water Treatment Plant. At the conclusion of the Concept Design effort,FNI will prepare a report summarizing its findings and make a recommendation to the City of Fort Worth as to the treatment technology (conventional or membrane) it believes to be the preferred alternative for expanding the Eagle Mountain Water Treatment Plant to the ultimate capacity of 210 MGD. FNI will provide historical water quality data to reputable membrane manufacturers and request them to perform computer modeling of their equipment to predict the performance and design parameters for their equipment and to provide conceptual level capital and operating costs for use in the in the initial screening study to reach a"go/no-go"decision on the use of membranes as an alternative for expansion of the Eagle Mountain Water Treatment Plant as soon as possible. The predicted performance of the manufacturers will be confirmed by the initial phases of pre-pilot testing program, with the objective being to reach a go/no-go decision by April 15, 2004. Other objectives of the Concept Design effort will be to: Attachment A-9 1, , U • Perform a technical evaluation of the alternatives for modifying the raw water intake, expanding the raw water pump station and raw water transmission line to serve the initial 35. MGD expansion of the water treatment plant, as well as the ultimate build out capacity of 210 MGD. • Identify the technical capabilities required of the design consultant(s) and develop descriptions of the improvements to be used for Requests for Proposals for design services for each Program element. • Develop a Design Intent document for each Program element to define the technical approach to be used by the design consultants for preparation of construction documents for the Project. The tasks to be performed under the Concept Design Phase services include: 3.01 Plant Walk Through With City Staff Attend a plant walk-through to review and evaluate the existing plant,to discuss the previous and upcoming construction,and to discuss potential modifications. Together with the Eagle Mountain WTP operations staff, review the treatment process identifying process bottlenecks, operational and maintenance issues, and other constructability or operability issues to be considered during the design of the treatment plant expansion and summarize in a letter report. 3.02 Conceptual Design Workshop Plan,organize,conduct and document a one day Concept Design Workshop with City Water Department, WTP operations staff, and representatives of Tarrant Regional Water District (TRWD) to discuss the project requirements, present operational philosophy, maintenance procedures,process bottlenecks or other constructability or operability concerns that must be considered during the conceptual design. FNI will present potential alternatives for expansion of the raw water intake,raw water pump station and treatment plant for discussion by the workshop participants. It is anticipated that at the conclusion of the workshop, the participants will select the alternatives to be considered as part of the Conceptual Design Evaluation. 3.03 Basis of Design Memorandum Prepare a Basis of Design Memorandum establishing the performance requirements,design philosophy and critical issues to be addressed throughout the conceptual and detail design phases of the project. The Basis of Design Memorandum will also establish the number and nature of the alternatives to be investigated in the Conceptual Design Evaluation for the modification of the raw water intake structure,and expansion of the raw water pump station and treatment plant based on the results of the Concept Design Workshop. Attachment A-10 Revised 2-11-04 3.04 Concept Design Evaluation and Report Perform the Concept Design Evaluation of the alternatives for the four major elements of the program, as follows: • Raw water intake structure and piping modifications • Raw water pump station • Raw water transmission line • Water treatment plant The Concept Design Evaluation will analyze, compare and rank the alternatives based on technical and cost criteria. The technical criteria will include constructability, reliability, operational flexibility,land area requirements,power requirements,chemical usage,residuals generation and disposal considerations, relative ease of operations, and public acceptance. Economic criteria will include capital costs,chemical cost,maintenance and operations costs, personnel costs, replacement costs, and energy costs. A sensitivity analysis will be performed to determine the impact of changes in variables (i.e. cost of electrical energy, chemicals, labor) on the relative ranking of the alternatives. FNI will prepare a concept design report presenting the study methodology, assumptions, design criteria, description of alternatives, concept design summary data, conceptual level cost estimates, life cycle cost analyses, technical evaluation criteria, conclusions, and recommendations. The report will include an implementation plan and projected design and construction schedule for each element of the Program. 3.05 Concept Design Review Workshop FNI will organize,plan and conduct a Concept Design Review Workshop for the City of Fort Worth's engineering and treatment plant operations staff to present its findings,conclusions and recommendations developed from the Concept Design Study. The purpose of the meeting will be to discuss the alternatives,review conclusions recommendations,and reach a consensus on the method for expansion of the raw water intake,raw water pump station and treatment plant. At the conclusion of the workshop,final decisions will be made which will dictate the direction of Master Planning to be performed by FNI, and design of the improvements to be performed by the design consultants. 3.06 Master PlanninjZ of the 210 MGD Treatment Facility Based on the decisions made at the Concept Design Review Workshop, FNI will develop a master plan for expansion of the plant to its anticipated ultimate capacity of 210 MGD. The master planning effort will provide the City with a development plan for the ultimate build- out, considering access and traffic flow, location and orientation of major facilities, requirements for electrical and sanitary sewer facilities, site secu . e s, sequencing, and operations during construction of future expansi n )E` a t Attachment A-11 I Revised2-11-04 master plan report including a preliminary site plan, considering the location of utilities, access roads, traffic control, site security, location and orientation of major unit processes, yard piping, and electrical services. The report will present a construction sequencing plan showing the site at various incremental stages of expansion from the current 70 MGD to the ultimate 210 MGD capacity. 3.07 Design Intent Documents Prepare a Design Intent Document for each Program element summarizing the improvement program adopted and approved by the City. The Design Intent Document will include the design criteria, description of the improvements, operating philosophy, maintenance standards, process performance requirements, performance testing and acceptance criteria, and operational requirements for the existing treatment system during construction. 3.08 Government and Regulatory Agencies Liaison and Permitting Assistance FNI will schedule and conduct consultation meetings with the governmental and regulatory agencies having permitting or regulatory authority over the Program activities. It is anticipated that permitting will be required from the US Army Corps of Engineers(COE)and the Texas Commission on Environmental Quality (TCEQ). FNI will prepare the necessary permit applications and develop or compile the necessary supporting documentation from materials developed by FNI and by the Design Consultants. FNI will coordinate with the City Development Department to confirm that criteria included in the Design Intent Documents complies with all applicable requirements under the City's building codes. FNI will coordinate with Tarrant Regional Water District(TRWD)on issues relating the raw water intake and raw water pump station. 3.09 Environmental Screening Assessment FNI will provide an initial screening assessment of the proposed improvements for the raw water intake,raw water pump station,raw water transmission line and water treatment plant expansion relative to potential environmental impacts. The main focus of the environmental screening assessment will be to identify potential environmental permits or other related services to be included in the Scope of Work for the Design Consultant. Services will include: • Field observations of the project sites. • Review of existing environmental documentation for the project areas. • Review of applicable regulatory requirements. • Consultation with the Corps of Engineers,U.S.Fish and Wildlife Service,Texas Parks and Wildlife Department, Texas Commission on Environmental Quality. Attachment A-12 Revised 2-11-04 Prepare a letter report which will include: • Description of the project. • Pertinent maps (floodplains, project layout, planning area, general vegetation, and soils). • Copies of correspondence with the agencies. • Preliminary assessment of project impacts. • Identification of environmental related services that may be required of the Design Consultants. • Identification of permits that may be required to construct the proposed improvements. 3.10 Primary Electrical Service Review Meeting FNI will conduct a briefing meeting with ONCOR to begin the process identifying feasible options for upgrading the primary electrical service to the water treatment plant and raw water pump station to improve reliability and to serve the additional load from the expanded facilities. FNI will provide ONCOR a preliminary estimate of the electrical loads based on the conceptual design for each of the anticipated construction phases as well as the ultimate build-out to 210 MGD for use in developing feasible options. The detailed evaluation of the alternatives will be performed by the Design Consultants. 4.00 DESIGN CONSULTANT SELECTION PHASE PROGRAM MANAGEMENT SERVICES FNI shall provide services to assist the City with procurement of design services for the four major elements of the Program. It is anticipated that design will be performed under separate contracts for (1) raw water intake and raw water pump station; (2) raw water transmission main; (3) water treatment plant expansion. FNI will assemble Project Scoping Packages to describe the improvements developed in the Concept Engineering Evaluation Phase. The Project Scoping Packages will include the Design Intent Document for each element of the program, and other project information as appropriate for the particular program element, including opinions of probable construction cost,special qualifications required to complete the design, project design and construction schedules, geotechnical reports, design surveys and treatability study reports. The City will prepare Requests for Proposals for the design consultants and FNI will review, if requested by the City. FNI will assist the City to coordinate the Scopes of Work between the selected design consultants, if requested by the City. FNI will assist the City and the selected Design Consultants to prepare detailed design phase project schedules and coordinate schedules between the various design consultants. x:©10 1 r $ 01 PPY Attachment A-13 f 'Revised 2-11-04 5.00 DESIGN PHASE PROGRAM MANAGEMENT SERVICES The design phase construction management services are focused on facilitating a smooth transition from the conceptual development phase to the detail design phase. The Design Phase Program Management services include: 5.01 Project Walk-Throughs with Design Consultant Plan, organize,conduct and document a project walk-through with each Design Consultant together with the City and WTP operations staff to familiarize the design consultant with the existing facilities and proposed improvements,review special requirements,operational and maintenance issues, and other constructability or operability concerns to be considered during the design. A separate walk-through will be conducted for each program element. 5.02 Pre-Design Meetings Plan, organize, conduct and document a Pre-Design Meeting with City Water Department, WTP operations staff and Design Consultants to review the Design Intent Documents, concept engineering report, and data collected from the treatability studies. Separate meetings will be conducted for each program element. The primary objective of the meetings is to facilitate the smooth transition of the project from the conceptual stage to the design stage by reviewing concept designs in detail with each Design Consultant. Other objectives of the meetings will be to clarify the scope of work, schedule requirements, and coordination of information flow between Design Consultants. 5.03 Design Review/Coordination Meetings Plan, organize, conduct and document up to twelve (12) design review meetings to review progress,answer questions,resolve conflicts,review budget and schedule,and coordinate the efforts of the various Design Consultants. FNI will report on the status of documents under review, information requests, and other project management issues. FNI will prepare meeting agendas and record meeting minutes for distribution to the meeting participants and the City's Staff. Attachment A-14 Revised 2-11-04 SECTION 6 - ADDITIONAL SERVICES Additional services are those services not included in the basic services which may be provided by Freese and Nichols if so authorized by the City of Fort Worth. A. Field layouts or the furnishing of construction line and grade. B. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. C. Investigations involving detailed consideration of operations, maintenance and overhead expenses,and the preparation of rate schedules,earnings,and expense statements,feasibility studies, appraisals, evaluations, assessment schedules and materials audits or inventories required for certification of force account construction performed by the Owner. D. Preparing applications and supporting documents for government grants, loans,or planning advances and providing data for detailed applications. E. Providing shop, mill, or laboratory inspections of materials and equipment outside of those tests required by the construction contract documents. F. Preparing Operation and Maintenance Manuals or conducting operator training. G. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project,including the preparation of engineering data and reports for assistance to Owner. H. Performing extensive,non-routine investigations,studies and analyses of work proposed by construction contractors to correct defective work. I. Performing extensive, non-routine investigations, studies and analyses of substitutions of materials or equipment or deviations from the plans and specifications. J. Assisting the Owner with, preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal or administrative proceedings in the defense or prosecution of proceedings in connection with this project. K. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analysis, permitting assistance, and other assistance required to address environmental issues. L. Additional services that are required to comply with local, State or Federal regulations that become effective after the date of this agreement. Attachment A-15 Revised 2-11-04 M. Services required to resolve bid protests, or to rebid the projects for any reason. N. Observing factory tests of equipment at any site remote to the project or observing additional tests required as a result of the equipment failing the initial test. O. Additional services required as a result of the failure of the Contractor(s) to complete the work for any reason within the contract time. P. GIS mapping services or assistance with these services. Q. Analytical and laboratory testing for pre-pilot and equipment manufacturer qualification pilot testing. R. Extended testing period beyond approved protocol schedule. S. Site visits to membrane filtration plants not specifically included in basic services. Attachment A-16 Revised 2-11-04 Attachment A Exhibit 1 MAJOR PROGRAM MANAGEMENT MILESTONES Task/Milestone Milestone Date 1. Submit Pre-Pilot Testing Protocol to TCEQ January 28,2004 2. Planning/Concept Design Workshop February 26, 2004 3. Begin Pre-Pilot Testing February 23,2004 4. Submit Draft Qualification Pilot Test Protocol to TCEQ March 5,2004 5. Submit Draft Basis of Design Memorandum March 10, 2004 6. Begin Qualification Pilot Testing March 29,2004 7. Membrane Go/No-go Decision Meeting April 15,2004 8. Complete Concept Design May 31,2004 9. Complete Master Planning of 210 MGD Facility June 21, 2004 10. Pre-Design Workshop with Design Consultant August 2, 2004 Attachment A-17 Revised 2-11-04 Attachment A Exhibit 2 LIST OF DELIVERABLES FOR BASIC SERVICES 1.00 Program Administration 1.01 Management Workshops • Planning Workshop o Meeting Agenda and Minutes 1.02 Program Scheduling • Detailed Master Program Schedule for All Program Elements • Detailed Project Schedules for All Program Elements • Simplified Milestone Schedules for All Program Elements • Actual vs. Planned Updates for Monthly Progress Meetings 1.03 Public Information Meetings • Draft and Final Meeting Notices and Direct Mail pieces • Draft and Final Presentation (PowerPoint) • Draft and Final Meeting Handout Materials • Meeting Minutes 2.00 Treatability Study 2.01 Pre-Pilot Testing and Study • Meeting memoranda with TCEQ • Pilot System Installation Plans • Pilot System Operating Instructions • Pilot System Sampling Plan • Draft Pre-pilot Testing Protocol • Final Pre-pilot Testing Protocol • Draft Pre-pilot Testing Report • Final Pre-pilot Testing Report 2.02 Qualification Pilot Testing and Study • Pilot System Installation Plans • Pilot System Operating Instructions —• Pilot System Sampling Plan • Draft Qualification Pilot Testing Protocol � �, 11asV • Final Qualification Pilot Testing Protocol � Attachment A-18 Revised 2-11-04 • Draft Qualification Pilot Testing Report • Final Qualification Pilot Testing Report 3.00 Conceptual Design Phase Program Management 3.01 Plant Walk-Through • Meeting Minutes • Photos 3.02 Conceptual Design Workshop • Meeting Agenda and Minutes • Basis of Design Memorandum (see 3.03) 3.03 Basis of Design Memorandum (To document design,performance and operational requirements;critical issues to be addressed in the design; alternatives to be evaluated in concept design) • Draft Basis of Design Memorandum (10 copies) • Final Basis of Design Memorandum (10 copies) 3.04 Concept Design Evaluation Report (To document design criteria, study methodology, alternative descriptions, analysis and recommendations, opinion of probable project costs, critical issues to be addressed during design, implementation plan and schedule). • Draft Concept Design Report (10 copies) • Final Concept Design Report (10 copies) 3.05 Concept Design Review Workshop • Agenda and Minutes 3.06 Master Plan of 210 MGD Facility (To document the recommended development plan for the full build out of the site, including preliminary site plan with location and orientation of major unit processes buildings and site access) • Draft Master Plan Report (10 copies) • Final Master Plan Report (10 copies) 3.07 Design Intent Documents (Separate, stand alone package for distribution to design consultants summarizing recommendations from Concept Design Report, design criteria, operating philosophy, maintenance requirements,performance requirements and performance testing and acceptance criteria, operations during construction). • Draft Design Intent Documents for Each Program Element (10 copies) • Final Design Intent Documents for Each Program Element (10 copies) Attachment A-19 Revised 2-11-04 3.08 Government and Regulatory Agencies Liaison and Permitting Assistance • Meeting minutes from coordination meetings with TRWD, Corps of Engineers, TCEQ 3.09 Environmental Assessment • Draft Letter Report (10 copies) • Final Letter Report (10 copies) 4.00 Design Consultant Selection Phase Program Management • Scoping Documents for each program element 5.00 Design Phase Program Management 5.01 Project Walk Through with Design Consultants and Operations Staff • Meeting Agenda and Minutes 5.02 Pre-Design Meeting • Meeting Agenda and Minutes 5.03 Design Review/Coordination Meetings • Meeting Agenda and Minutes • Updated Project Schedules • Updated Budgets vs Actual i Attachment A-20 Revised 2-11-04 ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR PROGRAM MANAGEMENT FOR EAGLE MOUNTAIN WATER TREATMENT PLANT 35 MGD EXPANSION COMPENSATION I. BASIC ENGINEERING SERVICES For engineering services provided under Attachment A,the City shall pay the Engineer on a Salary Cost Method,an amount not to exceed$749,983.00,according to paragraphs A,B and C below. The basis for this payment is shown in Exhibit B-3. A. Labor: The Engineer shall be compensated for the services of his personnel on the basis of Salary Cost times 2.30 for the time such personnel are directly utilized on the work. Principal shall be compensated on the basis of flat rate of$270 per hour. Salary cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment, excise, and payroll taxes, and contributions for social security, employment compensation insurance, retirement benefits, and medical and other insurance benefits. The salaries of any personnel assigned are subject to reasonable modification by the Engineer throughout the terms of this Agreement;however, such modifications will not affect the upper limit of this Agreement. B. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus 15%for all costs other than salary costs that are incurred pursuant to this Agreement, but which are not normally included as part of the Engineer's overhead. These costs include,but are not limited to: air fare, automobile rental,mileage charges,parking, tolls,taxi,meals,lodging,telephone,printing and reproduction costs,computers and word processors, postage and mailing costs, and other miscellaneous costs incurred specifically for this Project. C. Subconsultant Services: For all subconsultant services, the eer shall be compensated at his actual subconsultant cost plus 15%. ������, 'i�� hCO�9 Attachment B-1 M, R:\Contract\FortWorth\FT'W04134-Attach B-l.doc 1� H ADDITIONAL SERVICES For Additional Services provided outside the scope defined in Attachment Al, as approved by an amendment to this Agreement,the City will pay the Engineer for labor,other incidental direct costs, and subconsultants on the same basis as described in Paragraph I of this Attachment. Attachment B-2 R:\COntract\FOrtWorth\FrW04134-Attach B-l.doc Attachment T-2" COMPENSATION Compensation to Freese and Nichols for the Services in Exhibit"A"shall be a not-to-exceed fee of Seven Hundred Forty Nine Thousand Nine Hundred Eighty Three Dollars($749,983): If FNI sees the Scope of Services changing so that Additional Services are needed,FNI will notify CITY for CITY's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charoes: Position Min Max PRINICIPAL 139.28 329.48 SENIOR CONSULTANT 202.43 297.29 GROUP MANAGER 226.50 297.29 ENGINEER VIII 205.90 241.87 ENGINEER VII 161.94 212.55 ENGINEER VI 113.15 206.34 ENGINEER V 122.42 154.72 ENGINEER IV 108.81 130.73 ENGINEER III 95.27 122.10 ENGINEER II 84.64 96.81 ENGINEER 1 83.37 91.33 ELECTRICAL ENGINEER V 13034 162.92 ELECTRICAL ENGINEER IV 110.70 148.82 ELECTRICAL ENGINEER III 83.83 110.03 MECHANICAL ENGINEER VI 137.72 172.16 MECHANICAL ENGINEER IV 108.77 130.46 MECHANICAL ENGINEER 1 70.03 87.53 SENIOR RESIDENT REPRESENTATIVE 108.71 142.68 PROGRAM MANAGER II 133.41 179.90 PROGRAM ADMINISTRATOR 120.13 150.16 CONSTRUCTION CONTRACT ADMIN III 134.67 176.75 CONSTRUCTION CONTRACT ADMIN 11 81.65 126.40 CONSTRUCTION CONTRACT ADMIN 1 70.08 128.39 DOCUMENT CONTROL CLERK 52.92 66.15 SR DESIGNER 115.40 144.26 DESIGNER II 115.23 127.70 DESIGNER 1 102.35 126.36 TECHNICIAN V 100.63 125.78 TECHNICIAN IV 79.68 106.31 TECHNICIAN III 71.83 93.36 TECHNICIAN 11 65.12 72.28 TECHNICIAN I 50.37 63.24 GIS ADMINISTRATOR 109.97 144.33 GIS ANALYST 62.43 81.94 ENVIRONMENTAL SCIENTIST VII 123.49 162.08 ENVIRONMENTAL SCIENTIST VI 117.97 129.69 ENVIRONMENTAL SCIENTIST IV 88.94 111.18 ENVIRONMENTAL SCIENTIST III 70.52 109.95 ENVIRONMENTAL SCIENTIST II 63.86 79.83 ENVIRONMENTAL SCIENTIST 1 53.78 67.22 ARCHITECT V 127.24 151.61 LANDSCAPE ARCHITECT V 12169 152.11 ARCHITECT IV 99.49 124.36 ARCHITECT 11 75.88 99.68 ARCHITECT 1 64.68 84.89 INTERIOR DESIGNER V 97.93 122.41 HYDROLOGIST VI 111.60 139.50 HYDROLOGIST V 102.62 128.27 HYDROLOGIST IV 87.69 109.61 HYDROLOGIST III 71.68 89.60 HYDROLOGIST 1 62.67 7834 GEOTECHNICAL ENGINEER VI 141.80 177.25 SENIOR GEOLOGIST 91.98 114.98 WORD PROCESSING/SECRETARIAL 52.30 74.43 OPERATIONS ANALYST 98.15 119.23 CONTRACT ADMINISTRATOR 84.96 106.20 INFORMATION SERVICES CLERK 25.55 50.63 CO-OP 43.80 65.15 The ranges and Individual salaries will be adjusted annually. RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per hr Bond $2.50 per plot Other $5.00 per plot Color $5.75 per plot Print Shop Color Copies and Printing $0.50 per single side copy $1.00 per double side copy Black and White Copies and Printing $0.10 per single side copy $0.20 per double side copy Binding $5.75 per book Testing Apparatus Density Meter $350.00 per month Gas Detection $10.00 per test OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They 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, tests,and other work required to be done by independent person other than staff members. ggg o3-10-04 FNI ref:dp A-3.65 CITY ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Attachment C-1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/13/2004 DATE: Tuesday, April 13, 2004 LOG NAME: 60EAGLE REFERENCE NO.: **C-20030 SUBJECT: Engineering Agreement with Freese & Nichols, Inc. for the Program Management of the Eagle Mountain Water Treatment Plant Expansion RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc. in the amount of$749,983, for the program management of the Eagle Mountain Water Treatment Plant Expansion. DISCUSSION: The Eagle Mountain Water Treatment Plant (EMWTP) is an approximately 60 million gallon per day (MGD) water treatment plant. The original 30 MGD plant was completed in 1992 and a 30 MGD expansion was completed in 2001. On March 13, 2002 (M&C C-19013), City Council authorized the execution of an engineering agreement with Freese & Nichols for the update to the Water Distribution System Master Plan. This study provided both cost estimates and schedules for major water capital improvement projects through the year 2025. The update to the water master plan contains projections for continued high rate of population growth, and corresponding potable water demands within the Fort Worth service area. Specifically, within the Northside pressure planes the population is expected to increase from approximately 64,000 to 104,000 people by 2007. Northside pressure planes include the rapidly growing Alliance Airport, Park Glen, Lake Country areas, and wholesale customers including the Cities of Keller and Southlake. The consultant recommends that, as the first phase, the rated capacity at the Eagle Mountain Water Treatment Plant (EMWTP) be expanded by a minimum of 35 million gallons per day (MGD) by the summer of 2007, in order to meet the projected water demands of the retail and wholesale customers located in the northern part of the city. In view of the critical schedule, and the large amount of engineering and construction activities required to complete the EMWTP expansion, it will be necessary to obtain the services of a consulting engineering firm to assist City staff in managing this project. Under this agreement, Freese & Nichols will provide scheduling, regulatory agency liaison, and public outreach services. In addition, the engineer will conduct a preliminary pilot plant testing to evaluate the feasibility of membrane treatment process, and to perform life cycle cost comparison with traditional chemical addition, and filtration treatment process. The final recommendation from the engineer will address the critical elements of the EMWTP expansion up to a build out condition of 210 MGD. The conceptual design reports on the raw water intake, raw water pump station, raw water transmission main, plant expansion, and high service pump station will serve as the basis for an upcoming request for proposals from engineering firms to be awarded separately later this year. In addition to contract amount, $10,000 is required for project management by city staff. Logname: 60EAGLE Page 1 of 2 This project is located in COUNCIL DISTRICT 7. Freese & Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 13% participation to M/WBE firms. The City's goal on this project is 13%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P164 539120 060164052001 $749.983.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60EAGLE Page 2 of 2