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Contract 33615
CITY SECRETARY CONTRACT NO. 01IL', CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Alan Plummer Associates, Inc. (the "ENGINEER'), for a PROJECT generally described as: Low-Pressure Membrane Pilot Study, 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 111 Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The ENGINEER shall provide the CITY sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by the 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, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including in _. of suspension of services, the ENGINEER shall have nit,; ' k�i�i t bl' for delays or damages caused the CITY because of such��lvi�� � services. 06-12-06 P01 :41 IN 1 ORIGINAL. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder The ENGINEER shall also advise the CIT`( 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 manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. 2 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on- site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, 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. ©pinions 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 3 and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates.. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, .and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WB€) 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 4 in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 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. Workers 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 1i' �V�G;II �,ISVV;P1� (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 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) days notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (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 such are approved by the CITY. 6 (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 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 the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultant's, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultants insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest 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, 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. Lc1 7 �o O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. 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. D. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services 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 will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment D. 8 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. E. 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 the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractors negligence. H. Contractor Claims and Third+arty Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries_ (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. 9 (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 (t) 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 ENGINE€R's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. 10 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 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. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. 11 (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Cade, 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. W. 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 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 mediation 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 null and void and shall not be used by either party for any purpose in the litigation. 12 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. 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 - Amendments to Standard Agreement for Engineering Services Attachment D - Project Target Dates Executed this AN�ay of , 2006. ATTEST: CITY OF FORT WORTH Marty Hendrix B City Secretary arc A. Ott Assistant City Manager �-)-aqdj APPROVED Contract Authorization rarA Crumb, P.E. Date Wirector, Water Department APP D AS TO FORM ALAN PLUMMER ASSOCIATES, INC. AN L _ ALITY ENGINEER By: L sista Ci Attorney David A. Gudal , P. Principal-ln-Charge OFF9C'1'A't gcoo p FAprojects\383\1900\PM\FTW\Contract.doc 14 ACORD CERTIFICATE OF LIABILITY INSURANCETM 1 05/09DAT /2E PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McLaughlin Brunson Insurance Agency,LLP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9535 Forest Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75243 INSURERS AFFORDING COVERAGE INSURED Alan Plummer Associates,Inc. INSURERA�United States Fidelity and Guaranty Company 1320 South University Drive INSURER B:XL SpecialInsurance Com an _ Suite 300 INSURER C: Fort Worth TX 76107 INSURER D: INSURER E: COVERAGES _ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTLIMITS - --- -----GENERAL LIABILITY BKO1401051 06/15/2005 06/15/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire $ 1,000,000 CLAIMS MADE a OCCUR MED EXP(Any oneperson) $ 10,000 X Contractural Liab PERSONAL&ADV INJURY $ 1,000,000 X XCU Covered GENERAL AGGREGATE 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POI X PRO- L C A AUTOMOBILE LIABILITY BKO1401051 06/15/2005 06/15/2006 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY Per aWdent) $ ( X NON-OWNED AUTOS X There are No Owned PROPERTY DAMAGE $ Autos (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT_ $ ANY AUTO OTHER CA ACC- -- AUTO ONLY: AGG $ EXCESS LIABILITY BKO1401051 06/15/2005 06/15/2006 EACH OCCURRENCE 4,000,000 X OCCUR F1 CLAIMS MADE I AGGREGATE _ Is 4+000.000 DEDUCTIBLE $ RETENTION $ WC WORKERS COMPENSATION AND STATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYE $ €.L.DISEASE-POLICY LIMIT OTHER B Professional DPR9418850 05/09/2006 05/09/2007 $ 1,000,000 Per Claim/ Liability I Annual Aggregate DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE:LP Membrane Pilot Study,APAI#318-1900/383-1900 - Claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible, City of Fort Worth is shown as an additional insured with waiver of subrogation on the general,auto and umbrella liability coverages as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED•INSURER LETTER: CANCELLATION Or reduction in coverage by endorsement SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL-M0E*VM-TO MAIL- 30 DAYS WRITTEN Attn: Chris Harder NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT;-ft"AlLUReT0eO-S"HALL 1000 Throckmorton Street - -"" '''1¢Yf6t1°"5ti°'f -tlAr"rn�''°F-ANriclNDvrenriMeeNanRHe,iTYf�OINTS OR -tee Fort Worth TX 76102 ArY AUTHORIZED REPRESENTATIVE � ACORD 25-S(7197) ©ACORD CORPORATION 1988 Ajg0 D CERTIFICATE OF LIABILITY INSURANCE CSR SL DATI ,MM/D°lYYYY► PLUM-02 O5/09/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION i ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 701 Market St. , Ste. 1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101 Phone: 800-338-1391 Fax:888-621-3173 INSURERS AFFORDING COVERAGE NAIC# j INSURED INSURER A: Twin City Fire Insurance INSURER B: Alan Plummer Assoc. Inc. Att: Ms. Anne Lemons INSURER C: 1320 S. Universitv. Ste. 300 INSURER D: Fort Worth TX 76107 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR j MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINSRL TYPE OF INSURANCE POLICY NUMBER DOAT€MMFDDIYY`) PDATE-MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ENTEIJ COMMERCIAL GENERAL LIABILITY PREhAISES(Ea acrurence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE S GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S POLICY JECT PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULEDAUTOS (Par person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE .. -- ---- (Peraccidenl) S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESSIUM13RELLA LIABILITY EACH OCCURRENCE S OCCUR n CLAIMS MADE AGGREGATE S $ i DDEDUCTIBL€ $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS*LIABILITY 84WBGFI9320 11/01/05 11/01/06 E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRI€TORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-€A EMPLOYEE $1 000,000 if yes,describe under _SPECIAL PROVISIONS below EL.DIS€ASE-POLICYLMAIT $1 000-000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: LP MEMBRANE PILOT STUDY, APAI NOS. 318-1900/383-1900. A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE CITY OF FORT WORTH ON THE ABOVE _POLICY. i CERTIFICATE HOLDER CANCELLATION CTYFTWO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION I DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN i NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL CITY OF FORT WORTH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ATTN: MR. CHRIS HARDER 1000 THROCM40RTON STREET REPRESENTATIVES. FT. WORTH TX 76102 AUTHORIZED R�VE ll• ACORD 25(2001/08) 9)ACORD CORPORATION 1988 ATTACHMENT "A" General Scop a of Services "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." GENERAL_ 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. L ROB 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 16) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstructon Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") BASIC ENGINEERING SERVICES OVERVIEW- LOW PRESSURE MEMBRANE PILOT STUDY This project will involve collecting the data needed to design low-pressure membranes to treat either coagulated Tarrant Regional Water District (TRWD) raw water or settled water. The pilot testing is being done jointly between the Cities of Waxahachie, Mansfield, Midlothian and Fort Worth (OWNERS)at the Mansfield Water Treatment Plant (WTP). SCOPE OF BASIC SERVICES 1. Summarize TRWD water data for previous two years, including raw water turbidities, alkalinity data, and TOC data, TTHM/MAA data, iron and manganese concentrations, etc. Summarize water quality data for Mansfield WTP for settled and filtered turbidity, finished water TOC, iron, and manganese. 2. Select between four to five membrane manufacturers to pilot. Request a summary_ of qualifications, U.S. installation lists, and pilot study budgets from the selected membrane manufacturers. 3. Develop a pilot study protocol outlining the pilot study participants and schedule, data to be collected, and other parameters requested in the Texas Commission on Environmental Quality (TCEQ) Membrane Pilot Study Protocol Guidance Document. 4. Meet with the TCEQ in Austin and present the pilot study protocol and proposed approach for the pilot testing_ . Incorporate comments from TCEQ. 5. Coordinate the pilot study schedule with the selected membrane manufacturers. Coordinate delivery and procurement of the pilot units so the pilot units arrive at the WTP in the shortest time window possible. Assist with installation of the pilot units. 6. Assist with the pilot units over an 8-month timeframe, covering both temperature extremes. Review pilot study data weekly to verify manufacturers are following the schedule detailed in the pilot study protocol and that pilot units are operating satisfactorily_ and as anticipated. Investigate any deviations from anticipated results. 7. Coordinate with the OWNERS to provide sampling and monitoring of the pilot units over the pilot test. The OWNERS will provide manpower to perform the sampling and perform routine lab tests and send samples to outside laboratories as needed, as well as assist in monitoring the pilot EA1-1 F:\projects\383\19®®\PM\F RIV\Exhibit_A-1.doc units, troubleshooting, and operations assistance. 8. Costs for rental and setup of pilot units and for outside analytical work associated with pilot testing, as well as incidental costs associated with temporary piping, electrical, chemicals, enclosures, forklift rental associated with pilot units, shall be submitted to ENGINEER. ENGINEER will allocate 25 percent of all outside costs to Waxahachie, 25 percent to Mansfield, 25 percent to Midlothian, and 25 percent to Fort Worth. 9. Prepare for approval by the OWNERS, a Low-Pressure Membrane Pilot Study Report consisting of a summary of water quality data, pilot unit data, and an evaluation of the pilot study results. Furnish three copies of the draft report to each OWNER for review five days prior to a review meeting. 10. Determine the facilities necessary and the Opinion of Probable Construction Cost for membrane equipment based on pilot study results. 11. Participate in two meetings with the OWNERS to discuss comments to the Low-Pressure Membrane Pilot Study Report. 12. Incorporate comments in the report and furnish three copies of the Low- Pressure Membrane Pilot Study Report to each OWNER and one copy to the TCEQ. SPECIAL SERVICES Special Services are not included in the scope of work of Basic Services or the amount of compensation for Basic Services. The Special Services for this assignment are described as follows: Various SPECIAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC ENGINEERING SERVICES covered by BASIC ENGINEERING SERVICES preceding, may be performed or arranged for separately by the CITY, or may be added to the ENGINEER's responsibilities by mutual agreement and written authorization. SERVICES BY THE CITY The CITY and its representatives will render services inclusive of the following.- 1. ollowing:1. Provide available criteria and full information as to the CITY'S requirements for the PROJECT; 2. Assist the ENGINEER by placing at his disposal all available written data pertinent to the PROJECT; 3. Examine documents submitted by the ENGINEER and render a decision pertaining thereto promptly, to avoid unreasonable delay in the progress of the ENGIN€€R's services; €A1-2 FAprojects\383\1900TM\FTW\Exhibit_A-1. m 4. Assist with unloading, loading, installation, connections, temporary piping and electrical, and enclosures for the pilot units to be located at the Mansfield water treatment plant. 5. Perform routine sampling and monitoring of pilot units and coordinate with City of Mansfield to operate units over an 8-month time period. Take samples and send samples to offsite laboratory for outside lab testing. 6. The City Manager of the CITY or his designated representative shall appoint, in writing, a representative that the ENGINEER shall be entitled to rely upon regarding decisions made by the CITY. All subsequent communication to the CITY shall be deemed made when conveyed in writing to the representative at the location specified in ARTICLE XVI, NOTICES; and 7. The services, information, and reports required by this ARTICLE, inclusive, shall be furnished at the CITY'S expense, and the CITY will use its best efforts to apprise the ENGINEER of any inaccuracies, or inconsistencies in the information provided. ADDITIONAL SERVICES Additional Services to be performed by the ENGINEER, if authorized by the CITY, which are not included in the above-described BASIC ENGINEERING SERVICES or SPECIAL SERVICES, may include, but are not limited by the following. 1. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications, 2. Revisions and changes required by OWNER for easement acquisition and/or other reasons to the pipeline alignments or sizes, after approval of the final alignment. 3. Preparing Environmental, Archeological Surveys, Impact Assessments, or Statement, Storm Water Discharge Permits or SWPPP, and 404 Permit Applications except as specifically included in the Basic or Special Services. Design or Construction Administration for Corps 404 Permit Mitigation Plan. Preparation of mitigation plan annual reports documenting survivability for five years after construction. 4, Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the project, including the preparation of engineering data and reports for assistance to the OWNER. 5. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. EA1-3 F Aproj ects\383\1900\PM\FTW\Exh i bit_A-1.doc 6. Providing additional topographic sur=veys beyond the limits set forth in Basic Engineering or Special Services. 7. Provide shop, mill, field or laboratory inspection of materials and equipment. 8. Furnishing engineering services during construction including general representation and resident representation as the OWNER's on-site representative during the construction phase beyond that specifically included in Basic Services or Special Services. 9. Assisting the OWNER in claims disputes with Contractor(s). 10. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the Plans and Specifications. 11, Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. 12. Sampling, testing or analysis beyond that specifically included in Basic Services. 13. Attending meetings and developing data and information required for zoning and/or plat approvals of construction sites, except as included in Basic Services. 14. Attending additional meetings not detailed in the Basic Engineering Services as requested by OWNER. 15. Providing additional copies of Plans and Specifications. 16. Providing the services of land agents to assist in securing easements. 17. Provide expert witness testimony as required for condemnation hearings, including the preparation of engineering data and reports. 18. Preparation of an application for a Sand, Gravel, and Marl Permit and processing of the permit application(s). 19. Preparation of a Biological Assessment, if requested by TPWD or USFWS. 20. Participation in a Public bearing. 21. Prepare an Environmental Assessment (€A) that provides the information required by TNRCC, Corps, and other Agencies. 22. Tree Permits. 23. Any sewer capacity analysis and/or hydraulic modeling. €A1-4 F Aprojects\383\1900\P M\FTW\Fxhibit_A-1.doc 24. Preparation of record drawings. 25. Any support of TWDB funding_ , or preparation of forms or reports specifically for that purpose. 26. Any landfill permit modification. 27. Preparing Contract Documents for more than one bid. 28. Any subsurface utility location work (D-holes). 29. Any additional services, which may be required by the OWNER for completion of the project that are not included in the Basic Services or Special Services. €A1-5 inn F:\projects\333\1900\PM\FTW\Exhibit A-1.doc 318-1901 ATTACHMENT "B" ENGINEER'S COMPENSATION COST SUMMARY Low-Pressure Membrane Pilot Study Conducted jointly between the Cities of Fort Worth, Mansfield, Waxahachie, and Midlothian A. BASIC ENGINEERING SERVICES Compensation for BASIC ENGINEERING SERVICES shall be based on reimbursement of expenses and outside costs not exceeding the cumulative amount of forty five thousand dollars ($45,000). ENGINEER will allocate 25 percent of all costs incurred to Fort Worth. ENGINEER's personnel time will not be billed. B. SPECIAL SERVICES For and in consideration of the SPECIAL SERVICES set forth in Exhibit A-1, herein, the CITY shall pay and the ENGINEER shall receive compensation for personnel time plus expenses as mutually agreed to. All direct non-labor expense, including mileage, travel and lodging expenses and subcontract expenses, applied to the SPECIAL SERVICES, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. No SPECIAL SERVICES or ADDITIONAL SERVICES shall be performed without written authorization from the CITY. B-1 FAprojects\383\1900\PM\FTW\Attachment_6.doc May 11,2006 318-1901 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A Low-Pressure Membrane Pilot Study Conducted jointly between the Cities of Fort Worth, Mansfield, Waxahachie, and Midlothian There are no changes and amendments to Standard Agreement and Attachment A. C-1YA, �0(y FAprojects\383\1900\PM\FTW\Attachment_C.doc 318.1901 ATTACHMENT D PRELIMINARY PROJECT SCHEDULE Low-Pressure Membrane Pilot Study Conducted jointly between the Cities of Fort Worth, Mansfield, Waxahachie, and Midlothian PROJECTED ACTUAL TASK DESCRIPTION - - START FINISH DURATION START FINISH DURATION Evaluate Historical Data 11/7/05 12/22/05 45 days Coordinate Installation Schedule and 11/7/05 2/7/06 92 days Requirements w/Membrane Manufacturers Develop Pilot Study Protocol 11/14/05 12/22/05 38 days Submit Pilot Study Protocol to the TCEQ 12/23/05 1/4/06 12 days Review Pilot Study Protocol with the TCEQ 1/5/06 1/5/06 1 day Install Pilot Units 1/24/06 2/7/06 14 days Collect Analytical and Pilot Unit Data 2/7/06 9/30/06 235 days Settled Water Phase of the Pilot Study 2/7/06 5/22/06 104 days Coagulated Water Phase of the Pilot Study 5/23/06 9/30/06 129 days Prepare Pilot Study Report 9/30/06 11/22/06 53 days Meet with City to Receive Comments on 12/5/06 12/5/06 1 day Pilot Study Report Determine Necessary Facilities for Low- 11/23/06 12/18/06 25 days Pressure Membrane WTP Develop Opinion of Probable Costs for Low- 11/23/06 12/18/06 25 days Pressure Membrane WTP D-1 F:\projects\383\1900\PM\FTWWttachment_D.doc May 11,2006 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/16/2006 DATE: Tuesday, May 16, 2006 LOG NAME: 60NORTHWEST WTP REFERENCE NO.: **C-21456 SUBJECT: Authorize Execution of Engineering Agreement with Alan Plummer Associates, Inc., for the Northwest Water Treatment Plant Membrane Pilot Study RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Alan Plummer Associates, Inc., in the amount of $45,000 for the Northwest Water Treatment Plant Membrane Pilot Study. DISCUSSION: 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 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 both population growth and corresponding potable water demands of each pressure zone within the Water Department's service area, including the rapidly growing west side service area. The Water Master Plan recommended that a Northwest Water Treatment Plant be constructed prior to 2011. However, growth in the west side of Fort Worth, including proposed growth within the Walsh Ranch and adjoining developments require that the Water Department accelerate the construction of the Northwest Water Treatment Plant in order to meet peak demands and to provide redundancy to the area. The proposed Northwest Water Treatment Plant will treat raw water conveyed through a 90" Raw Water Main, connecting Lake Benbrook and Eagle Mountain Lake, proposed to be constructed by the Tarrant Regional Water District (TRWD) by the spring 2008. In anticipation of the need for a northwest plant, on December 7, 2004, (M&C C-20432) the City Council authorized the execution of an engineering agreement with Turner Collie& Braden, Inc. for the Northwest Water Treatment Plant site selection. Recent advances in technology, coupled with reduced costs, have made membrane treatment an attractive drinking water treatment alternative to conventional flocculation, sedimentation, and filtration plants. However, membrane treatment is considered to be innovative/advanced by the Texas Commission on Environmental Quality (TCEQ) and therefore pilot test data conducted on the water source must be furnished to the State for their approval and rating of the equipment. The cities of Mansfield, Waxahachie and Midlothian have hired Alan Plummer Associates to conduct membrane pilot testing, in accordance with TCEQ parameters, on the same Tarrant Regional Water District raw water that will be provided to the proposed Fort Worth Northwest WTP. The pilot testing has been on- going since January and will continue through August 2006. The three cities have agreed to allow Fort Worth to join the study, with the cost participation percentage being 25% of the total engineering costs applied to each of the four participants. Logname: 60NORTHWEST WTP Page 1 of 2 Under the terms of this engineering agreement, Alan Plummer Associates has agreed to waive all salary costs and seek reimbursement of expenses and outside costs only, in the cumulative amount not to exceed $45,000.00 This pilot project is located in the City of Mansfield at the Mansfield Water Treatment Plant. A waiver of the goal for M/WBE subcontracting requirements was requested and approved by the M/WBE Office due to the lack of subcontracting opportunities. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 531200 0602503 $45,000.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) Logname: 60NORTHWEST WTP Page 2 of 2