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HomeMy WebLinkAboutContract 38180CON CONTRACT SECRETARY O ��g 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 generally described as: Lake Worth Dredging Project — Preliminary Design and Permitting Phase. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation 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 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. STANDARD ENGINEERING AGREEMENT Page 1 01-22-09 P03:42 IN ORIGINAL 01-20-09 A11:44 IN Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. 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. STANDARD ENGINEERING AGREEMENT Page 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. 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 STANDARD ENGINEERING AGREEMENT Page 3 projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 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. STANDARD ENGINEERING AGREEMENT Page 4 J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to 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 that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage STANDARD ENGINEERING AGREEMENT Page 5 $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims -made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the City for each year following completion of the contract. (2) 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 coverage specified in 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 forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to: S. Frank Crumb, P.E., Director, Water Department, City of Fort Worth, 1000 STANDARD ENGINEERING AGREEMENT Page 6 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: Vil in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in 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 in writing. (j) For all lines of coverage underwritten on a claims -made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims - made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (I) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. STANDARD ENGINEERING AGREEMENT Page 7 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City 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 relay upon the accuracy, timeliness, and completeness of the information provided by the CITY. STANDARD ENGINEERING AGREEMENT Page 8 B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services 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 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 or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. STANDARD ENGINEERING AGREEMENT Page 9 G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (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 STANDARD ENGINEERING AGREEMENT Page 10 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 A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. 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 STANDARD ENGINEERING AGREEMENT Page 11 ENGINEER will be paid for termination expenses as follows: (3) 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. 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. (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 shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories STANDARD ENGINEERING AGREEMENT Page 12 of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. 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. 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. STANDARD ENGINEERING AGREEMENT Page 13 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 intentionally left blank STANDARD ENGINEERING AGREEMENT Page 14 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 — Fee Breakout Executed this the day of ATTEST: Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY Amy J. AssistantC. Attorney ATTEST: rchi4.-/ __Cf- a3 A (0 .. Contract. ut.hori zat ion Viaf� c o_ nt. Date STANDARD ENGINEERING AGREEMENT Page 15 , 2009. CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED t, S. Frank'Crumb, P.E. Director, Water Department Freese and Nichols, Inc. By:1/ Robert F. Pence, P.E., BCEE President and CEO OFFICIAL RECORD CITY SECRETARY FTtilOrlii,TX ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR LAKE WORTH DREDGING PROJECT — PRELIMINARY DESIGN AND PERMITTING PHASE SCOPE OF SERVICES INTRODUCTION ARTICLE 1 - BASIC SERVICES FNI shall render the following professional services in connection with the development of the Project: 1.0 Project Management 1.1 Develop a project communication plan. Plan will include a team roster and contactor information, list of project deliverables, quality control/quality assurance plan, list of project milestones and overall schedule, list of project decisions and outstanding action items. Project communication plan will be updated with monthly progress meetings. 1.2 Attend a project kick-off meeting with the City to introduce team members and review the project scope, schedule, budget, and communication plan. 1.3 Attend monthly progress meetings with City. Provide status reports of current major work packages, provide one to two month look -ahead to upcoming work efforts, provide budget status, and resolve project issues. Update project schedule monthly. 1.4 Assist the City in up to two (2) public meetings to discuss the project with stakeholders, including the Lake Worth Steering Committee, Lake Worth Alliance, neighborhood associations, and/or interested citizens. For each meeting, prepare materials such as maps, charts, tables, electronic presentation, and information packets to distribute to meeting participants. Prior to the public meetings, attend a meeting with the City to coordinate and discuss the meeting topics and materials. 1.5 Provide project coordination and administration of project team, including internal project meetings. STANDARD ENGINEERING AGREEMENT Page 1 2.0 Bathymetric Survey Conduct a pre -dredging underwater survey to characterize the lake bottom topography, silt depths and native bottom elevations, and lake bottom obstructions. Survey will be performed using a variety of acoustic and GPS sensors deployed on small survey boats, survey barges, and autonomous robotic vehicles. 2.1 Survey will be performed according to International Hydrographic Organization Standard for Bathometric Surveys, Special Publication — 44, Survey Type 1 b guidelines. 2.2 Develop a digital terrain map (DTM) with half -foot contours (0.5 feet) of the lake bottom (i.e. top of sediment layer) and native bottom (i.e. bottom of sediment layer) for up to 1,000 acres of proposed dredging areas. Full bottom survey will be performed in water depths of 2 feet or greater. In water depths shallower than 2 feet or beneath existing piers, data will be extrapolated to the shoreline. Shoreline topography will be determined using 2001 City LIDAR information; 2007 City LIDAR information will be used if it is available by the start of the project. 2.3 Provide a bottom condition survey of the lake bottom to identify obstructions such as tree stumps. A map will be developed that summarizes the spacing density of bottom obstructions per each 0.5 acre of survey area. 2.4 Prepare a report documenting the equipment, operations, data processing, and error modeling/analysis methodologies. Provide five (5) copies of the draft report for City review. Incorporate comments as necessary and issue five (5) copies of the final bathymetric survey report. 3.0 Geotechnical Investigation Conduct a geotechnical investigation to characterize the engineering properties of the lake sediment to be dredged and develop design and construction recommendations for dredging and disposal alternatives. The geotechnical investigations will be performed in two phases: the first phase will focus on general characterization of sediment materials and the second phase will focus on confirming native bottom elevations identified in Task 2 for proposed dredging areas. The number of borings and lab tests will be approximately the same in both phases. 3.1 Review the 1988 Lake Worth Silt Removal Study, Task 1 — Summary Report to review borings and laboratory test data. 3.2 Drill up to forty-two (42) 10-foot borings and nine (9) 20-foot borings in proposed dredge areas into silt and native soil materials. Undisturbed soil samples will be collected continuously to a depth of 10 feet and in five-foot intervals thereafter. Soil will be sampled using three-inch Shelby tubes. 3.3 Perform laboratory tests (maximum number of tests shown in parentheses) on selected sediment and native bottom samples, including: moisture content (300), Atterberg limits (102), sieve analyses (51), specific gravity STANDARD ENGINEERING AGREEMENT Page 2 (51), unconfined compression (102), consolidated drained triaxial (2), self weight consolidation (2), settling test (2), and oedometer for clay consolidation (4). 3.4 Use USACE computer programs SETTLE, PSDDF, and CDFATE to model disposal characteristics including volume bulking, sedimentation, required retention times, material consolidation behavior. 3.5 Perform slope stability analyses to determine design recommendations for containment dikes for in -lake disposal alternatives. 3.6 Prepare a report documenting field investigations, boring logs, lab test results, modeling results, and design and construction recommendations. Provide five (5) copies of the draft report for City review. Incorporate comments as necessary and issue five (5) copies of the final geotechnical investigations report. 4.0 Sediment Characterization Perform sediment characterization testing to determine concentration of potential chemicals of concern (COCs) and the resulting requirements or limitations on options for disposal. Sediment characterization testing will be performed utilizing methods and procedures accepted by TCEQ, USEPA, and the U.S. Army Corps of Engineers including procedures for Tier 1 and Tier 2 evaluations described in Evaluation of Dredged Material Proposed for Discharge into Waters of the U.S. (EPA/USACE 1998). 4.1 Prior to field investigations, obtain and review data (Tier 1 evaluation described in EPA/USACE 1998) from previous sediment characterizations studies conducted in Lake Worth by the City and other agencies (i.e. U.S. Geological Survey). 4.2 Develop a sediment sampling and testing plan to identify sampling locations, testing standards, and decision structure for evaluating findings and making recommendations for additional sampling and testing. 4.3 Collect up to 30 grab samples to a maximum depth of 2 feet of lake sediment from proposed dredging areas and in -lake disposal areas using boat furnished by City. Perform laboratory analysis for chemicals of concern (COCs) including: polychlorinated biphenyls (PCBs), priority pollutant metals, volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs), herbicides, and pesticides. 4.4 Collect samples at 1-foot depth intervals from borings drilled as part of Task 3 (up to 12 borings with 10 samples per boring). Analyze all samples for PCBs and priority pollutant metals. 25% of samples will be analyzed for VOCs, SVOCs, herbicides, and pesticides. Perform waste characterization analysis (toxicity characteristic leaching procedure) on selected samples. STANDARD ENGINEERING AGREEMENT Page 3 4.5 Evaluate data for water column effects and bioaccumulation potential necessary to satisfy EPA/USACE Tier 2 evaluation requirements. 4.6 Prepare letter report documenting findings. Data will be compared to appropriate protective concentrations limits and waste classification guidelines established by the Texas Commission on Environmental Quality (TCEQ). Provide five (5) copies of the draft report for City review. Incorporate comments as necessary and issue five (5) copies of the final sediment characterization report. 4.7 Submit the letter report to TCEQ and USACE. Attend up to one meeting with either agency to discuss results and determine future testing requirements. 5.0 JURISDICTIONAL DETERMINATION Perform literature search and field investigations required for developing a request for 404 permit authorization from the U.S. Army Corps of Engineers (USACE) under the Letter of Permission Procedure No. 1 (LOP-1). Submission of the final jurisdictional report and letter of permission to the USACE will occur in a subsequent phase after the disposal sites and transmission routes are finalized. 5.1 Compile existing data for the lake and up to four (4) potential disposal sites. Prior to making field visits, obtain and review information for the vicinity such as existing reports, soils maps, National Wetland Inventory maps, topographic maps, floodplain maps, aerial photography, and other readily available, pertinent data. 5.2 Conduct pedestrian and floating survey of the proposed dredging areas and up to four (4) off -site disposal sites to identify potential environmental features that may trigger permitting requirements. Evaluate whether any water bodies found would be considered jurisdictional under USACE regulations; identify the type of water body, (i.e., emergent or forested wetland, open water, stream, etc.); and estimate the aerial extent of the affected portion of a water body. 5.3 Prepare a draft Jurisdictional Determination (JD) report for the proposed dredging areas and up to four (4) disposal sites. The report will include a description of field observations; an opinion of whether or not jurisdictional waters are present, and if so, the type. Provide five (5) copies of the draft report for City review. 5.4 Evaluate dredging impacts by estimating the area of impact to waters of the U.S. based on the extent of the proposed project. Include notice of any identified potential environmental issues associated with the proposed dredging. 5.5 Estimate potential mitigation requirements that could be required based on the impacts of the proposed project to waters of the U.S. and other STANDARD ENGINEERING AGREEMENT Page 4 resources, as applicable, in Lake Worth and up to four (4) alternative disposal sites. 5.6 Consult with Texas General Land Office (GLO) in writing to identify whether or not the proposed dredging areas affect state-owned land. FNI will report the results of GLO consultation to the City with a recommendation as to the need for a Texas Parks and Wildlife Department permit to dredge materials from the lake bed. 5.7 Consult and meet with the USACE. Attend one meeting with the USACE Regulatory Branch to discuss the project to identify issues that need to be addressed in a request for authorization of the project. Attend one meeting at the site with the Corps and up to two meetings with the Corps at the Fort Worth District office. The on -site meeting may include meeting with as other resource agencies. 6.0 ARCHEOLOGICAL STUDY Conduct a literature -based archeological study of the proposed dredge areas in the lake and potential off -site disposal areas and consult with applicable agencies. Any required detailed field surveys would be performed in a subsequent phase. 6.1 Perform a literature review and evaluation of archeological potential for the area of potential effects (APE), including the proposed dredging areas, up to four (4) potential off -site disposal sites, and transmission routes between the lake and the disposal sites. The literature search will include searches of the Texas Historical Commission (THC) and Texas Archeological Research Laboratory records and the Texas Archeological Sites Atlas database. Develop recommendations regarding the need for detailed field surveys for each of the areas impacted by the project. 6.2 Prepare a letter report documenting the findings and recommendations. Provide five (5) copies of the draft report for City review. Incorporate comments as necessary and issue five (5) copies of the final archeological study report. 6.3 Issue the final letter report to the Texas Historical Commission (THC) and the USACE for agency review. Provide follow-up consultation with each agency to determine the need for detailed field surveys. 7.0 DISPOSAL SITE ANALYSIS Conduct a screening and evaluation of in -lake and off -site disposal alternatives identified in previous studies and evaluate the transmission routes required to transport dredged material from Lake Worth to off -site disposal sites. Develop capital and operational costs for transmission facilities to each site, a general assessment of the overall impact of each transmission route, and recommendations regarding the construction of permanent versus temporary STANDARD ENGINEERING AGREEMENT Page 5 transmission disposal facilities. For budgeting purposes, it has been assumed in - lake disposal and up to four (4) off -site locations will be analyzed. 7.1 Develop list of potential disposal alternatives based on previous tasks investigations and agency consultations. Compile data useful in evaluating disposal alternatives, such as topographic maps, aerial imagery, and tax appraisal maps. 7.2 Develop qualifications requirements to evaluate the feasibility of each disposal site. Requirements will be prioritized and all sites will be scored against this list. 7.3 Conduct field reconnaissance of potential off -site disposal sites. Conduct meeting with City to review identified sites and select four for further evaluation. 7.4 For potential disposal sites meeting qualifications requirements, contact landowners to determine their interest in being considered for a disposal facility. 7.5 Based on the findings of Task 5, evaluate environmental permitting requirements related to disposal of the dredged material in -lake and up to four (4) off -site disposal sites. 7.6 Based on the findings of Task 4, evaluate waste disposal considerations related to disposal of the dredged material in -lake and up to four (4) off -site disposal sites. 7.7 Provide desktop review of transmission routes from the lake to four (4) off - site disposal alternatives. Refine alignments based on field reconnaissance of alternative routes. Notify City of right -of -entry requirements necessary to complete route analysis. Identify road crossings, crossing requirements, and authorities having jurisdiction along each transmission route. Identify number of landowner easements required. Consider the impact of private property acquisition versus the use of public right-of-way. Identify conflicts which affect the cost of pipe layout. Recommend temporary and permanent construction easement requirements and dimensions 7.8 Characterize the fluid properties for pumping of dredged material. Research pumping requirements and identify number and location of potential booster pump station sites. Develop generic layout of booster station sites. Evaluate relative merit and cost of electrical power vs. diesel power at booster pump station sites. 7.9 Evaluate feasibility of a near -lake disposal site on City land for future maintenance dredging activities. STANDARD ENGINEERING AGREEMENT Page 6 7.10 Prepare opinion of probable construction costs and life cycle costs for each disposal alternative and transmission route. The following will be evaluated: 7.10.1 Permanent and temporary pipeline and pump station facilities 7.10.2 Ancillary site improvements required for each transmission route 7.10.3 Pumping costs based on anticipated initial dredged material costs only (no accounting for future maintenance dredging) for each alternative site 7.10.4 Easement and land acquisition costs based upon values provided by the City of Fort Worth 7.10.5 Potential compensatory mitigation costs 7.11 Prepare a letter report documenting the disposal alternatives evaluation. Provide five (5) copies of the draft report for City review. Incorporate comments as necessary and issue five (5) copies of the final disposal site analysis report. 8.0 DISPOSAL SITE NEGOTIATION Determining the disposal site is critical to the overall project schedule. The purpose of this task is to advertise the disposal portion of the project to pre -qualified and interested disposal site owners and receive bids. Assist the City in evaluating bid. packages and negotiating a letter of intent with a disposal site owner. 8.1 Develop a request -for -bid (RFB) package for disposal sites based on recommendations from Task 7. The RFB package will address requirements for usage of the site for processing dredge material and decant water and coordination with the dredging contractor. 8.2 Develop a scoring system to evaluate RFB responses. Attend one meeting with the City to discuss and finalize the scoring system. 8.3 Receive and evaluate RFB responses according to the scoring system. Issue a letter summarizing the evaluations and recommending the best value disposal site to the City. 8.4 Beginning with highest scoring respondent, assist City in negotiating a disposal agreement. If City and highest scoring respondent are unable to reach agreement, initiate negotiations with next highest scoring respondent. Up to two respondents will be negotiated with. 8.5 Assist the City in negotiating terms of a letter of intent (LOI) for the disposal site. Due to the nature of the project, final contract terms will not be finalized until final design and permitting is performed in a subsequent phase. Therefore, a legally binding letter of intent is anticipated to be the contracting STANDARD ENGINEERING AGREEMENT Page 7 method. Assist the City's legal and contracting department to finalize the LOI. 9.0 PRELIMINARY DREDGING PLAN Develop preliminary design drawings and specifications sufficient for making submissions to applicable permitting agencies. 9.1 Review as -built plans and reports from the pilot dredging study. Attend one meeting with City staff to review lessons learned and recommendations for the proposed dredging program. 9.2 Develop work maps from field investigations. These maps will include, but are not limited to, lake bottom contours, native bottom contours, silt depths, water depth at various lake elevations, lake bottom obstructions, sediment characterizations, geotechnical boring locations, and wetland areas. 9.3 Develop an evaluation matrix to evaluate various dredging scenarios of location, depth, quantity, disposal impacts, permitting impacts, sediment characteristics, and cost. Develop a scoring system to evaluate dredging scenarios. Attend one meeting with the City to evaluate dredging scenarios and determine the preferred dredging plan. 9.4 Perform a feasibility analysis of creating near- or in -lake sedimentation forebays at confluences of major tributaries into Lake Worth. Preliminary sedimentation loadings will be based upon soil erosion data presented in the 1990 Lake Worth Clean Lakes Study report. Sedimentation forebays will be sized with capacities to allow maintenance dredging on an approximate 10- year basis. 9.5 Prepare 30% construction plans and outline of technical specifications. Provide City with five (5) sets of drawings and specifications for review and comment. 9.6 Prepare dredging quantities calculations and costs estimates of proposed work. Evaluate recent USACE dredging projects and bid tabulation databases. Evaluate energy prices and forecasts to make construction cost projections for an anticipated start date in 2011. Compare to City's estimated revenues from gas well production. 9.7 Conduct review meeting with City to discuss City Comments regarding the 30% plans, specifications, and cost estimates. 9.8 Prepare preliminary design report summarizing field investigations, permitting assessments, disposal site analysis and negotiation process, and development of 30% construction documents. Provide five (5) copies of the draft report for City review. Incorporate comments as necessary and issue five (5) copies of the preliminary design and permitting report. STANDARD ENGINEERING AGREEMENT Page 8 10.0 DAM BREACH ANALYSIS The following tasks are a continuation of the preliminary efforts regarding a breach analysis of Lake Worth Dam. Work under this attachment includes engineering services for hydraulic modeling of two breach scenarios for Lake Worth Dam and preparation of inundation mapping. 10.1 The HEC-RAS model used for the preliminary breach analysis will be modified to include the storage areas located along the Trinity River behind the levees to more accurately model the breach scenarios and the impact of a breach on the inundation areas along the Fort Worth Floodway levees. In addition, extend the sections where needed to include PMF breach flows, using available city 2-foot topographic maps. 10.2 Storage area sites will be identified along the West Fork of the Trinity River from Lake Worth Dam to a downstream location where the impact of a potential breach is considered negligible. These sites are located mainly behind levees or road embankments. Once the storage areas have been identified, an elevation -capacity curve will be developed for each storage area. This curve will be developed using a Geographic Information System (GIS) application called GeoRAS. The curve will be based on a terrain surface built from the 2-foot contours provided by the City of Fort Worth. 10.3 Curves for all storage areas will be entered into the unsteady HEC-RAS model at the appropriate locations. Flow coming into the storage areas will be controlled by lateral weirs that will follow levee alignments or roadway embankments. The elevation and stationing of these lateral weirs will also be defined based on the terrain surface built from the 2-foot contours and will be entered into HEC-RAS. 10.4 Using the final hydraulic model, develop estimates of the inundation limits from a potential breach of Lake Worth Dam for two scenarios: a) conservation pool breach and b) PMF breach. 10.5 Based on the results of the breach analyses, prepare inundation mapping showing the aerial extent of the estimated breach flows for the normal pool breach and the PMF breach. The maps will be in the form of 11" x 17" figures developed from currently available topographical mapping or aerial photography of the area. 10.6 Prepare a Breach Analysis Report which describes the methodology used in the study and includes the inundation mapping. Provide five (5) copies of the draft report for City review. Incorporate comments as necessary and issue five (5) copies of the final breach analysis report. 10.7 Attend one meeting with City representatives to discuss our findings and recommendations and to discuss how the City wants to implement the results. The alternatives would include a separate Emergency Action Plan STANDARD ENGINEERING AGREEMENT Page 9 (EAP) or the incorporation of the inundation maps into other appropriate City emergency preparedness documents. 11.0 BEST MANAGEMENT PRACTICES (BMP) STUDY Conduct a review of current best management practices (BMPs) for erosion and sedimentation control plans 11.1 Review deliverables from 2001 joint watershed study between the City, the U.S. Army Corps of Engineers, and the North Central Texas Council of Governments (NCTCOG). City will provide deliverables from this study. 11.2 Review City's current development guidelines and ordinances and NCTCOG's integrated stormwater management plan (iSWM) for temporary erosion and sedimentation stormwater controls. Research current and emerging industry standards for erosion/sedimentation control and development standards in near -lake situations. 11.3 Participate in a two-day master planning workshop for Lake Worth and the surrounding areas. The City's development review department will be responsible for organizing and hosting the workshop. 11.4 11.5 Review up to five (5) recent development projects in the Lake Worth area for conformance with BMP design guidelines. Attend one meeting with City staff to discuss findings. 11.6 Develop recommendations for changes to current development guidelines and ordinances to improve erosion and sediment control BMPs around Lake Worth. 11.7 Attend up to three (3) meetings with City representatives to discuss recommendations and how City wants to implement the proposed changes. ARTICLE 2 - ADDITIONAL SERVICES Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. C. Providing renderings, model, and mock-ups requested by the OWNER. D. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by STANDARD ENGINEERING AGREEMENT Page 10 OWNER or 2) due to other causes not solely within the control of FNI. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. G. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. H. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues, except as are called out in Article 1. I. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. J. Visits to the site in excess of the number of trips included in Article 1 for periodic site visits, coordination meetings, or contract completion activities. K. Providing basic or additional services on an accelerated time schedule. The scope of this service does not include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. L. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. M. Preparation of a 404 individual permit (IP) application for submittal to the Corps. N. Preparation of an individual application for 401 Water Quality Certification for submittal to the TCEQ. O. Preparation of a Texas GLO Grant of Easement application. P. Preparation of an application for a Texas Parks and Wildlife Department permit for dredging materials from state-owned waters. Q. Sediment characterization beyond what is outlined above, i.e. Tier III and Tier IV evaluations. STANDARD ENGINEERING AGREEMENT Page 11 ARTICLE 3 - TIME OF COMPLETION FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: The draft Sediment Characterization Report will be furnished within four (4) months of the Notice to Proceed. The draft Bathymetric Survey Report will be furnished within five (5) months of the Notice to Proceed. The draft Geotechnical Investigation Report, draft Disposal Site Analysis Report, and draft Archeology Report will be furnished within six (6) months of the Notice to Proceed. The draft Jurisdictional Determination Report will be furnished within seven (7) months of the Notice to Proceed. The draft Breach Analysis Report and draft BMP Study Recommendations will be furnished within nine (9) months of the Notice to Proceed. The Disposal Site Letter of Intent will be negotiated within six (6) months after the completion of the Disposal Site Analysis Report. The 30% Plans and Specifications and the draft Preliminary Design and Permitting Report will be furnished within 12 months of the Notice to Proceed. OWNER review of Preliminary Design and Permitting Report and milestone review submittals will be no longer than three weeks. OWNER review of minor submittals will be no longer than two weeks. Additional time may be granted to FNI if these review times are exceeded. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment B. ARTICLE 4 - RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. STANDARD ENGINEERING AGREEMENT Page 12 B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. Assist FNI regarding access to and provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. H. Bear all costs incident to compliance with the requirements of this Article 5. END OF SECTION STANDARD ENGINEERING AGREEMENT Page 13 ATTACHMENT B COMPENSATION ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR LAKE WORTH DREDGING PROJECT — PRELIMINARY DESIGN AND PERMITTING PHASE COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A. Basic Services: Compensation to FNI for the Basic Services in Attachment A, Article 1, shall be the lump sum of one million. five hundred nineteen thousand. two hundred seventv-nine dollars ($1.519.279). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment A, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Sub -consultants utilized for Basic Services will be billed at a mark-up 5% to 10% depending on the size of the subcontract. B. Special Services: If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment A, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Sub -consultants utilized for Special Services will be billed at a mark-up of 10%. C. Schedule of Charges for Additional Work: Staff Member Resident Representative Salary Cost Times Multiplier of 2.18 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. Other Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. STANDARD ENGINEERING AGREEMENT Page 14 Rates for In-house Services Computer Printing $10.00 per hour Black and White $0.10 per copy Plotter Color Bond $ 2.50 per plot $0.50 per copy Special $ 5.00 per plot Binding $5.75 per book Testina Apparatus Density Meter $700.00 per month Gas Detection $ 20.00 per test 3-10-04 STANDARD ENGINEERING AGREEMENT Page 15 ATTACHMENT C FEE BREAKOUT ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR LAKE WORTH DREDGING PROJECT - PRELIMINARY DESIGN AND PERMITTING PHASE Work Package 1.0 Project Management 2.0 Bathymetric Survey 3.0 Geotechnical Investigations 4.0 Sediment Characterization 5.0 Jurisdictional Determination (Lake) 6.0 Archeology Study 7.0 Disposal Site Analysis 8.0 Disposal Site Negotiation 9.0 Preliminary Dredging Plan 10.0 Dam Breach Analysis 11.0 Best Management Practices (BMP) Study Total MWBE Subconsultant J3S, Inc. HVJ Associates Xenco STANDARD ENGINEERING AGREEMENT Page 16 FEE BREAKOUT MWBE Subconsultant FNI Fee Fee $91,779 $0 $29,110 $290,000 $31,400 $137,300 $76,730 $111,090 $139,350 $0 $8,990 $0 $229,060 $0 $88,710 $0 $160,920 $0 $47,690 $0 $62,200 $0 $965,939 $538,390 Services Bathymetric Survey Geotechnical Investigations Sediment Testing Total Non-MWBE Subconsultant Fee $0 $0 $0 $0 $0 $14,950 $0 $0 $0 $0 $0 $14,950 Fee $290,000 $137,300 $111,090 $538,390 Total Fee $91,779 $319,110 $168,700 $187,820 $139,350 $23,940 $229,060 $88,710 $160,920 $47,690 $62,200 $1,519,279 cro of Total Fee 19.1% 9.0% j 7.3% 35.4% M&C Request Review Page 1 of 2 CFWnet City of Fort Worth Employee Intranet 12/23/2008 FORT WO Staff Action Tracking Council Agenda M&C Employee Directory ACToday Employee Classifieds PRS IT Online Departments Print M& COUNCIL ACTION: Approved on 12/16/2008 - Ord. No. 18419-12-2008, 18420-12-2008 & 18421-1; 2008 DATE: 12/16/2008 REFERENCE NO.: C-23262 LOG NAME: 60LAKE WORTH CODE: C TYPE: NON -CONSENT PUBLIC NO HEARING: SUB CT: Authorize Engineering Agreement with Freese and Nichols, Inc., in the Amount of $1,529,279.00 for Engineering Services for Phase I of the Design of the Lake Worth D edging Project; Adopt Appropriation Ordinances REC • MMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Lake Worth Trust Fund by $1,529,279.00 from Gas Well Revenues; 2. Authorize the transfer of $1,529,279.00 from the Lake Worth Trust Fund to the Water and Sewer Fund; 3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Fund in the amount of $1,529,279.00; 4. Authorize the transfer of $1,529,279.00 from the Water and Sewer Fund to the Water Capital Projects Fund; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $1,529,279.00; an 6. Authorize the City Manager to execute a contract with Phase I of the Lake Worth Dredging Project in the amo DISCUSSION: ese and Nichols, l of $1,519,279.00. , for the design of The Lake Worth Dredging Project will involve the dredging, transportation and disposal of approximately 3.4 million cubic yards of sediment from selected areas at Lake Worth. This project will improve water quality, capacity and recreational opportunities at Lake Worth. In March 2008, Freese and Nichols, Inc., (Freese and Nichols) was selected as the best qualified engineering firm after receiving and reviewing proposals from two engineering firms. Under the proposed Phase I design contract, Freese and Nichols will conduct field investigations and surveys, disposal site analysis, develop preliminary plans and specifications for dredging, coordinate with the Corps of Engineers and other agencies on permitting and perform project management. In addition, they will also conduct a dam breach analysis and a best management practices study for erosion and http://apps.cfwnet.org/council packet/mc_review.asp?ID=10643&councildate=12/16/2008 12/23/2008 M&C Request Review Page 2 of 2 sedimentation control in the Lake Worth watershed. The total amount of the contract will not exceed $1,519,279.00. In addition to the contract amount $10,000.00 is required for project management by Water Departmen Staff. Freese and Nichols is in compliance with the City's M/WBE Ordinance by committing to 35 percent M/WBE participation. The City's goal on this project is 25 percent. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommedation: and adoption of the attached appropriation ordinance funds will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Funds. TO Fund/Account/Centers 2 FE70 446100 030001902000 2&3) FE70 538070 030001902000 2&3) PE45 472070 0609020 3) PE45 538040 0609020 4&5) P253 476045 607560116630 P253 531200 607560116630 P253 511010 607560116630 $1,529.279.00 $1.529.279.00 $1.529.279.00 $1.529.279.00 $1.529.279.00 $1,519,279.00 $10,000.00 FROM Fund/Account/Centers $1,529,279.0C FE70 446100 030001902000 1&2) $1.529.279.0( FE70 538070 030001902000 4) PE45 538040 0609020 $1.519.279.0C $1,519.279.0C P253 531200 607560116630 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Paul Bounds (8567) ATTACHMENTS 60LAKE WORTH REC1.doc 60LAKE WORTH REC3.doc 60LAKE WORTH REC5.doc Lakeworth Dredging Map.pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=10643&councildate=12/16/2008 12/23/2008