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