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HomeMy WebLinkAboutItem 16 - Wastewater Re-use Pipeline RouteITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER# MEETING DATE: MARCH 7, 2000 SUBJECT: WASTEWATER RE -USE PIPELINE ROUTE ALIGNMENT STUDY - AWARD OF CONTRACT RECOMMENDATION: City Council to consider an ordinance amending the FY 2000 Budget in the amount of $201,012 and awarding a contract to Freese and Nichols, Incorporated in an amount not to exceed $ 201,012 for the preparation of a Wastewater Re -use Pipeline Alignment Study to serve the three golf courses in the vicinity of Fairway Drive and SH 26 on land leased by the City from the Corps of Engineers, authorize staff to execute said contract, appropriate excess Water Sales revenues for said purpose, and take any necessary action. FUNDING SOURCE Funds are currently available in FY 00 Water Sales Excess Revenues in an amount of $ 201,012.00. BACKGROUND: Staff has requested that Freese and Nichols submit a proposal to prepare a Pipeline Route Alignment Study for the use of Wastewater Plant Effluent to irrigate the three golf courses located on City leased property near the dam of Grapevine Lake. The intent is to supplement our current water rights on the lake by re -directing the effluent from outfall to the lake to the three golf courses. State law allows the City to re -direct the flows before they reach the lake and pipe them to another destination for City use. However, State law does not allow the City to use the lake as the conduit to pass the flow to the golf courses without the flow counting against our water rights on the lake. Once the water enters the lake, it becomes the property of the State and subject to the supply agreements on the lake with the City of Dallas, the Park Cities MUD, and the City of Grapevine. This route study will develop the best route to follow for this line from the Wastewater Treatment Plant at Scribner Street and Shadybrook Drive to the three golf courses and will address the potential permitting obstacles that we may encounter during the development of this project. March 1, 2000 (9:57AM) The contract proposal is different from our normal engineering services contracts because the final design and construction general representation elements are not included at this time. Thus, the "lump sum" element of the contract for Basic Services is a small part of the overall contract cost. The "not to exceed" element of the contract for Special Services comprises the majority of the contract cost. These Special Services are tasks that are likely to be needed in part or in full as the development of the alignment progresses but are paid for on an as needed basis. Staff has specifically requested the Special Services be proposed with the individual tasks to take advantage of this "not to exceed" element of the contract and pay for only the services or portions of services needed under each task. Special Services include: Deed composite, Survey and Easements — Preparation of necessary easement documents to acquire the easement for future construction of the line Preparation of Environmental Information Document — Development of the necessary data and documentation for Corps consideration of environmental issues raised by the proposed alignment and amendments to the City's current lease agreement. Nationwide 12 Permit Verification — Meetings and field verification coordination with the Corps Staff to identify trees, jurisdictional waters of the US., and other resourses of interest to the Corps in the proposed alignment. Archeological Survey — Required step for utilizing Corps land for proposed alignment. Mitigation Plan on COE Property — in cooperation with the Corps Staff, development of a tree mitigation plan to utilize sites on Corps property to address the trees removed by the proposed alignment across Corps property. Mitigation Plan off COE Property — in cooperation with the Corps Staff, development of a tree mitigation plan to utilize sites not on Corps property to address the trees removed by the proposed alignment across Corps property. Geotechnical Services — Preliminary sub -surface explorations and soil resistivity tests. Since this project was not planned for FY 2000, but is now needed due to potential water demand and lower lake water levels, an ordinance amending the FY 2000 budget is required. Revenues from excess water sales in FY 2000, are sufficient to fund this phase of the project. Staff recommends approval. JSL/dsm March 1, 2000 (9:57AM) GENERAL GOVERNMENT CAPITAL PROJECTS WASTEWATER POWER AND PUMP STATION PROJECT PROJECT DESCRIPTION Construction of approximately 22,500 L.F. of 18", 16", and 12" diameter reclaimed water pipeline and pump station extending from the City wastewater treatment plant to the Opryland, Cowboys and City Golf Courses to provide irrigation with wastwater treatment plant treated effluent. PROJECT SCHEDULE Begm End Report Mar -00 Sep -00 Design Oct -00 Jan -01 Construction Mar -01 Mar -02 FISCAL IMPACT IMPACT ON OPERATING BUDGET Projected Annual Operating Impact FY -2000 FY 2001 FY -2002 FY -2003 FY -2004 Budget Planned Planned Planned Planned Total Personnel Expenses 0 Total Project LTD Budget Planned Project Expenses 09130199 FY -2000 FY -2001 FY -2002 FY -2003 FY -2004 Cost Alignment Report 201,012 201,012 Engineering 266,000 266,000 Row/Easements 30,000 30,000 Construction 1,500,000 1,265, 800 2,765, 800 Contingency 691,450 691,450 TOTAL: $0 $201,012 $1,796,000 $1,957,250 $0 $0 $3,954,262 Funding Source FY 2000 Water Sales Revenues 201,012 201,012 Future Utility Bonds 1,796,000 1,957,250 3,753,250 TOTAL: $0 $201,012 1 $1,796,000 1 $1,957,250 $0 $0 $3,954,262 IMPACT ON OPERATING BUDGET Projected Annual Operating Impact FY -2000 FY 2001 FY -2002 FY -2003 FY -2004 Budget Planned Planned Planned Planned Total Personnel Expenses 0 Supplies 0 Maintenance 0 Services 0 Capital Outla 0 Total $0 $0 $0 $0 $0 $0 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. 99-127 RELATIVE TO THE FISCAL YEAR 1999-2000 BUDGET BY AMENDING SECTION 1; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Fiscal Year 1999-2000 Water Sales Revenues are exceeding budgeted FY 2000 Water Sales Revenues in excess of $201,012.00 resulting in unbudgeted Utility Fund revenues; and WHEREAS, the Water Sales Revenues projected for the remainder of FY 2000 are expected to continue to exceed budgeted revenues in excess of revenues required for Utility Fund expenditures in FY 2000; and WHEREAS, $201,012.00 is needed for additional costs associated with the Wastewater Re -use Pipeline Route Alignment Study project; and WHEREAS, it is necessary to appropriate $201,012.00 for initiation of said project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all the above premises are true and correct and are hereby incorporated into this ordinance as if copied in their entirety. Section 2. That funds in the amount of $201,012.00, authorized by this ordinance, are appropriated for expenditures from the Utility Fund as described above. Section 3. That Section I of Ordinance No. 99-127, as amended, is hereby amended to read as follows: "Section 1. That the appropriation amounts for the FY 1999-2000 budget for the different funds of the City of Grapevine are hereby fixed as follows: General Fund $32,525,610 Utility Fund 14,537,196 Debt Service Fund 7,262,787 Convention & Visitors Bureau Fund 4,617,085 Lake Enterprise Fund 2,176,862 Insurance Fund 2,922,813 Fleet Services Fund 883,230 Lease / Technology Fund 5,659,904 General Government Capital Projects Fund 14,305,114 Permanent Street Maintenance Fund 825,000 Permanent Capital Maintenance Fund — General 324,737 Utility & Lake Enterprise Capital Projects Fund 7,979,154 Utility Permanent Capital Maintenance Fund 500,000 Lake Enterprise Permanent Capital Maintenance Fund 66,000 Stormwater Drainage Utility Fund 690,311 Section 4. That the City Manager be and is hereby authorized to make the appropriate change to the budget to reflect the change noted above. Section 5. A true copy of this Ordinance amending the Fiscal Year 1999-2000 budget shall be filed with the City Secretary. Section 6. The fact that the present ordinance and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this Ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of March, 2000. ATTEST: ORD, NO. 2 APPROVED AS TO FORM: Date: THE STATE OF TEXAS CONTRACT COUNTY OF TARRANT THIS CONTRACT is made and entered into by and between the CITY OF GRAPEVINE, a Texas municipal corporation, hereinafter referred to as "City", and FREESE AND NICHOLS, INC., a Texas professional corporation, whose local address is 4055 International Plaza, Suite 200, Fort Worth, Texas 76109, hereinafter referred to as "Engineer". The terms of this Contract shall be administered on behalf of the City by its Director of Public Works or his designated representative, hereinafter referred to as "Director". The decision of the City Council in all disputes shall be final and binding. WITNESSETH: The City •• • for the services • • te pFepaFe Fight ef way R;apS 'dnt2i'S, SpeGifiGatiORs and GpeGial pFGV*si9R6 for determination of pipeline route for approximately 23,200 linear feet of reclaimed water transmission pipeline, and special services including preparation of easements, pre -construction notification (CPN), and request verification for submittal to the U.S.A.C.C.E. for approval of the Project under Nationwide Permit 12; preparation of a mitigation plan for on-site or off-site mitigation; archeological survey; and preliminary subsurface exploration in the City of Grapevine, Tarrant County, Texas in accordance with the terms of this contract. H In accordance with guidelines established by the City of Grapevine Department of Public Works, Engineer agrees to peFfGpm, eF have peFfbFmed, the field we* ReGessa" 1 OAcontracts\Mnwater—reuse identify portions of the route for detailed topographic survey and locate existing features, utilities and topography; and gatheF geeteGhRiGal data, ' and prepare documents required for right-of-way and easement acquisition. OAcontracts\Mnwater reuse O . . . . . . . . . . . . BASIC SERVICES: FNI shall render the following professional services in connection with the pipeline alignment for the Reclaimed Water Transmission Line Project: 2-.2- PFelifniRaFY Read Ilooin t d- IJtiI;tV Re'GlGatieR PlaR 2.4 Water--hed- 1—igaGt AiRalvsis UlSiRg the GhGSeR GGRGept alteMative, pFeli iway geemetFiGs will be se to establish Fight Gf Way Reeds and pFeli Jes w;II be slet te establish easeMeRt . . tG. PFGjeGt geals will be FGV*eWed and the ffeliR*a.�Y deE;2gR wqII addFiess these geals with pFlepc)sed tum laReG, geGmetFy, MediaR GFE)E;SE)VeFE;, dirivewaY GIGSiRg and additileRis, sigRalizatien, a pFel*R;iRary dFaiRage plaR, ReGessaFy eRViIFG-RrneRtaI mitigatiGR and requiFed adjustments te 8XiStiRg PFiVate StFLIGtUMS iR the GOFFidGF. GGRGideration �.l be giVeR tG- thim P-ffAGt GR adjaGeRt prepeFty due te aGqUiSitiGiR of right-lef way as well as the e-#BGt Gif the Re G6IFb gFade GR the adjaGeRt pr-epeFty. PFelimiRaFy dFaiRage will be based GR the ReGessaFy aRalyisis ef the rubieGt wateFshed to ideRtifY aRy WGFk ReGeE;GaFy GlUtSide the immediate pFejeGt limits. The e#eGt of these ffeliMiRaFy desigRelemeRtS GR existiRg Utilities Will geReFate the basis faF a pFe!iR;iRaFy Utility FeIeGlatieR pIaR t developed iRteraGtively with the repireseRtatives ef the a#eGted fraRiGhised and -G4 witilities. Alk RtG fbF dFainage and paviRg will be limited tG WithiR feet of the Fight of way. DFauRage deE;igR GFiteFia will be based GR full Iand use 4 OAcontracts\f&nwater-reuse BASIC SERVICES: FNI shall render the following professional services in connection with the pipeline alignment for the Reclaimed Water Transmission Line Project: 2-.2- PFelifniRaFY Read Ilooin t d- IJtiI;tV Re'GlGatieR PlaR 2.4 Water--hed- 1—igaGt AiRalvsis UlSiRg the GhGSeR GGRGept alteMative, pFeli iway geemetFiGs will be se to establish Fight Gf Way Reeds and pFeli Jes w;II be slet te establish easeMeRt . . tG. PFGjeGt geals will be FGV*eWed and the ffeliR*a.�Y deE;2gR wqII addFiess these geals with pFlepc)sed tum laReG, geGmetFy, MediaR GFE)E;SE)VeFE;, dirivewaY GIGSiRg and additileRis, sigRalizatien, a pFel*R;iRary dFaiRage plaR, ReGessaFy eRViIFG-RrneRtaI mitigatiGR and requiFed adjustments te 8XiStiRg PFiVate StFLIGtUMS iR the GOFFidGF. GGRGideration �.l be giVeR tG- thim P-ffAGt GR adjaGeRt prepeFty due te aGqUiSitiGiR of right-lef way as well as the e-#BGt Gif the Re G6IFb gFade GR the adjaGeRt pr-epeFty. PFelimiRaFy dFaiRage will be based GR the ReGessaFy aRalyisis ef the rubieGt wateFshed to ideRtifY aRy WGFk ReGeE;GaFy GlUtSide the immediate pFejeGt limits. The e#eGt of these ffeliMiRaFy desigRelemeRtS GR existiRg Utilities Will geReFate the basis faF a pFe!iR;iRaFy Utility FeIeGlatieR pIaR t developed iRteraGtively with the repireseRtatives ef the a#eGted fraRiGhised and -G4 witilities. Alk RtG fbF dFainage and paviRg will be limited tG WithiR feet of the Fight of way. DFauRage deE;igR GFiteFia will be based GR full Iand use 4 OAcontracts\f&nwater-reuse 2.7 PlaR (;G9Fdinatk)44 The p4imiRary plaRS will be Feviewed with Gity sta#, the T-xDOT, DF=VV Airpei4 s the fpaRGhised utilities, GGISI) @Rd, tG the exteRt E)WRE?F-s aleRg the GeFFidE)F se that fiRal deSigR GaR and all ReG SGaFY MpUt apprepriate, the affeGted PFE)pe#y beg;R With maxirnwn GenGUFFeRG8 2.8 Pipeline Alignment Report: (a) Consult with OWNER: (1) to review the scope of services, (2) to verify OWNER's requirements for the Project, and (3) to review available data including available "As -Built" plans, topographical maps, planimetric maps, and other information to assist in the determination of the pipeline route. 5 0Acontracts\f&nwater_reuse (b) Advise OWNER as to the necessity of OWNER°s providing or obtaining data or services from others, and assist OWNER in connection with any such services. Deed research, route survey and easement preparation are included as Special Services to this contract. © Compile composite mapping consisting of utilities shown on existing utility maps, construction drawings for utilities not shown on City utility maps, golf course construction plans, property owners, existing easements and ROW. (d) Visit the site to verify "As -Built" conditions, take field measurements, and obtain information needed to prepare a preliminary pipeline route. Identify portions of the line for detailed topographic survey. (e) Meet with the OWNER to present composite mapping and discuss issues and alternatives concerning the pipeline alignment and future delivery points for the pipeline. 1. Coordinate alignment issues with TXU and TXDOT concerning pipeline installation inside existing TXU easements, inside the existing TXDOT S.H. 26 right-of-way, and utility mitigation. 2. Prepare preliminary pipeline route and review alignment with OWNER. 3. Prepare a Report containing a pipeline route and review with the OWNER. 4. Furnish 3 copies of the final Report and present and review it in person with OWNER. SPECIAL SERVICES: FNI shall render the following professional services in connection with the development of the Reclaimed Water Transmission Line Project if authorized by the C 6 OAcontractsX%nwater reuse 2.2 Environmental Information Document Preparation of an Environmental Information Document (EID) or other documents, if required, for modification of the City's lease agreement with the USACE for property at Lake Grapevine. 2.3 404 Permitting Arrange a pre -application meeting with the U.S. Army Corps of Engineers' (USACE) Lake Grapevine Reservoir Manager and Fort Worth District staff to identify environmental issues associated with the project. Conduct a pedestrian survey of the pipeline route after the pipeline route has been surveyed and staked to inventory trees, jurisdictional waters, and other resources within the temporary and permanent easements that may be of concern to the USACE. Request verification of submittal to the USACE for approval of the project under Nationwide Permit 12 (NWP 12). 2.4 Archeological Survey Perform an archeological survey for portions of the pipeline route that were previously not surveyed for potential archeological resources in the event that this is requested by the USACE. 2.5 Mitigation Plan — USACE Property Prepare a mitigation plan for inclusion with the Pre -Construction Notification (PCN) that will propose compensation for tree removal on USACE property and other items as warranted. 2.6 Mitigation Plan — Off USACE Property Prepare a mitigation plan for inclusion with the PCN that will propose compensation for tree removal on USACE property, identify an off-site mitigation area for tree planting, negotiate terms with the USACE in the event that a suitable mitigation area cannot be found on USACE property and other items as warranted. 7 OAcontracts\%nwater—reuse 2.7 Survey Services The following survey services are required for the pipeline alignment study, preparation of easements and permitting under NWP 12. (a) Perform deed research for the current landowners along the preliminary pipeline alignment identified by Freese and Nichols. (b) Prepare a list of landowners based on deed research and mail letter requesting right -of -entry onto their property if required. If access cannot be obtained, then the OWNER shall be asked for assistance in obtaining right -of - entry. © Prepare a deed plot of all ownerships and rights-of-way within one hundred feet either side of the proposed pipeline alignment. (d) Perform topographic survey for approximately 3,500 linear feet of the proposed pipeline in heavily developed areas for the purpose of selected the proposed alignment for the pipeline. (e) Stake the centerline of the proposed pipeline after alignment is approved by the OWNER. The staking will consist of wooden laths with flagging and markings for the proposed centerline at all P.I.s, P.T.s, intersections with road, utility and railroad rights-of-way, high bank of river crossings, and at 500 -foot intervals. (f) Locate property corners needed to establish property lines along the approved pipeline alignment. Prepare an exhibit and centerline easement description, as required, for each tract that the proposed pipeline will cross for up to five (5) easements. 2.8 Geo -technical Services Provide preliminary sub -surface exploration at accessible locations along the pipeline route with a maximum of five (5) 10' deep borings and preparation of bore logs, P.1., and resistivity tests. M O:\contracts\f&nwater_reuse .. MMMIM .. ... .. . . ..•. . . . . .. .. • •T.• • . • r r . r . .. r .W.NWJM. MIM r . a • . . r • • • • &, f& r. .f (;a!GU!at;eRs fer eRd r .TV• a r . u r ♦ - •1 ELIE.• • .. ..Jinx. • .. • . .� .. • •. •. • .• .. . • r • • • .. •MOM• . .. ..•M a •• • +• • 1 5. • . • • r • .. a • .VAWAI • ISMS•. .. • .. 'r1'1:T1:ii1►7 i 1 ♦F"TAFAI BI �iY�7/ii►'JLi�'`�..- 14 O:\contracts\f&nwater reuse "A Mgt .. .- -• -- .. .. M -e 11 O:\contracts\f&nwater_reuse ..MIN.. F M -e ... -.M.M.T.727 ON WN, .. 11 O:\contracts\f&nwater_reuse .I t$Will iRGlUde the fello !m O:\contracts\f&nwater_reuse ... . . .. . .. . .. t$Will iRGlUde the fello !m O:\contracts\f&nwater_reuse 111MORMIZON.T.T-M1,14 In �.. Amm UAIMWAAMMQM� FOR.,". .. M. IMWA m I .... . ........... NO . ......... -- ........ U" MMIIAWIVA.. 13 0:\contracts\f&nwater—reuse SPEGI©I SERVIGES: 4.1 Gemj;tr-wrtinm i 14 O:\contracts\f&nwater reuse Lljvtl�. "T, ORT -SM -5—p Ilow-N a ;IA -.1 M". • ZT-5. I .XICLAI rod 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 contingent upon OWNER review periods following FNI submittal of review documents: Basic Services Pipeline Alignment Study -120 days after Notice to Proceed Special Services EID -180 days after receipt of OWNER'S Notice to Proceed PCN under Nationwide 12 Permit - 30 days receipt of OWNER'S Notice to Proceed 15 OAcontracts\fUwater—reuse Mitigation Plan for On -Site Mitigation - 180 days after receipt of OWNER'S Notice to Proceed Mitigation Plan for Off -Site Mitigation -180 days after receipt of OWNER'S Notice to Proceed Archeological Survey - 180 days after receipt of OWNER'S Notice to Proceed Deed Research, Route Survey, Easements -120 days after receipt of OWNER'S Notice to Proceed FNI reserves the right to extend the completion schedule due to OWNER's delays. Additional compensation may be requested by FNI if project is unduly prolonged due to delays beyond the control of FNI. V1 COMPENSATION: SPECIAL SERVICES, BASIC, AND TOTAL ENGINEERING FEE A. BASIC ENGINEERING SERVICES FEE 6.1 The BASIC ENGINEERING SERVICES FEE shall provide compensation for all design work, drafting work, computations, and all other work required for the Pipeline Alignment Report deSigR of this prejeGt, iRGIudiRg GGRGept and PFeIiMiRaFY Phases and BasiG (;GR6tFUGt'9R Ph -A -SP -6 SeP�iGeS, except that work described under Section VI.B.6. 1. below. 6.2 The basis for compensation shall be Lump Sum. The total maximum BASIC ENGINEERING SERVICES FEE shall be Thirty-six Thousand dollars and no cents ($ 36,000.00). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. 6.3 BASIC ENGINEERING SERVICES FEE shall be paid as follows: 16 OftcontractsVUwater-reuse (a) Upon furnishing satisfactory evidence of progress to City, Engineer shall receive up to twenty (20) percent of the maximum BASIC ENGINEERING SERVICES FEE, as shown in Section V.A.6.2 above, per month. The first monthly partial payment may be requested by Engineer thirty (30) calendar days after the date of execution of the Contract, and then monthly thereafter. Should the Engineer furnish satisfactory evidence to the Director of Public Works that his progress exceeds twenty percent (20%) of the total Engineering effort, as defined by this Contract, the partial payment may be increased to a higher percentage at the discretion of the Director of Public Works. lR Re Gase &ha#44e sum ef the paFtial payMeRtS eXGeed Eighty fiVe PeFGeRt (85-0,4) ef the R;ax* BASIG ENGINEERING SERVIGES F=EF=. The Ferna*RiRg fi#eeR PeFGeRt (I 50,4)--ef BASIC ENGINEERING SERVICES F=FE shall be paid as part Gf BaSiG GGRGtFUGtiGR Phase sePMGes iRGFemeRtally as weFk pregresses. (b) City reserves the right to delay, without penalty -,any partial payment, when in the opinion of the Director, Engineer has not made satisfactory progress on this design of this project. 6.4 No items of work shall be included in the Basic Engineering Services Fee for compensation except those items described in Section 11, Preliminary Alignment Report SeGtiOR !I., GONGEPTIJAI=PRELIMINARY DESIGN, SeGti()R !I!., I= DESIGWPLAN PREPARATION; and Section VI.A. BASIC ENGINEERING SERVICES FEE of this Contract. B. SPECIAL SERVICES FEE 6.1 The SPECIAL SERVICES FEE shall provide compensation to engineer for FIELD SURVEY WORK as needed for initial establishment of control lines, centerlines, 17 OAcontracts\Wwater-reuse elevations, location of underground utilities, deed research, EID Preparation, Nationwide 12 Permitting, archeological survey, geotechnical services, mitigation plan preparation aeri , and other field surveys necessary for the design preparation of the pipeline alignment report Gf this pFej including establishment of existing right-of-way and easements and preparation of documents for proposed Fight -ef-Way and easement acquisition and—feFseil iR vestigatiGRG(—�SOA-ri Also, non -salary expenses shall be paid under said SPECIAL SERVICES FEE for reproduction costs, computer services, communication charges and pre -authorized delivery charges as required for proper execution of the design of all Phases of this project. 6.2 The basis for compensation for the above shall be hourly service rates. In no event shall the maximum SPECIAL SERVICES FEE exceed One Hundred Sixty-five Thousand Twelve dollars and no cents, ( $ 165,012.00) without written approval of the City. 6.3 Payment for Special Services shall be on the basis of actual progress, invoiced monthly to the City. 6.4 For the purpose of budgeting, the separate major elements of Special Services are estimated as follows: Element Cost O Acontracts\Mnwater_reuse Deed composite, survey, easements Preparation of EID Nationwide 12 Permit Verification Archeological Survey Mitigation Plan (on USACE property) Mitigation Plan (off-site) Geo -technical Services Subtotal Special Services $ 36,512.00 $ 35,000.00 -$ 12,500.00 $ 14,000.00 $ 20,000.00 $40,000.00 If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. 6.5 No items of work will be included in the SPECIAL SERVICES FEE for compensation except those items described in Section 11, Preliminary Alignment Report SeGtiqR 19 — ­ , FIELD SURVEY WORK, SeGti R 11, GOUGEPTUAL412RELIM INARY DESIGN-; 11MMENFAMSIMN im OftcontractsV&nwater—reuse and Section VI.B, SPECIAL SERVICES FEES of this contract. C. TOTAL ENGINEERING FEE The TOTAL ENGINEERING FEE shall be the sum of the SPECIAL SERVICES FEE and the BASIC ENGINEERING SERVICES FEE. The TOTAL ENGINEERING FEE for this Contract shall not exceed Two Hundred One Thousand Twelve dollars and no cents ($ 201,012.00). VII ADDITIONAL SERVICES AND OWNER'S RESPONSIBILITIES 7.1 Additional Services Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic or special services, are described as follows: (a) Construction staking, GIS mapping services or assistance with these services. (b) Making property, boundary and right-of-way surveys. (c) Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. (d) Providing renderings, model and mock-ups requested by the OWNER. (e) Making revisions to the pipeline alignment when such revisions are 1) consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. (f) 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. (g) Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, 20 OAcontractsVUwater-reuse impact assessment and analyses, permitting assistance other than that included under ARTICLE I Special Services, and other assistance required to address environmental issues. (h) 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. (i) Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. (k) Preparation of a storm water pollution prevention plan, Notice of Intent form, or other documents necessary for compliance with the U.S. Environmental Protection Agency's NPDES Storm Water Rule. Preparation of an application for an individual or regional general 404 permit from the USACE. (1) Consultation with resource agencies other than the USACE for requisition of the 404 permit. (m) Furnish OWNER survey, engineering data, and plan sheets necessary for applications for routine permits required by Texas Department of Transportation (TxDOT). 7.2 Responsibilities of Owner OWNER shall perform the following in a timely manner so as not to delay the services of FNI: (a) Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. (b) Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and 21 0Acontracts\f&nwater—reuse performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. (c) Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. (d) Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. (e) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. z (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. (j)OWNER shall make er- arrange to have made all subsuffaGe .Rn-ludang but not limited to f test pits, surveys, and other subsurfaGe expler-ations. OWNER shall ali-se- ma-ke n—F ar-Fange to have made the interpretations of data and r-epoFts r-esulting fFGM SUGh 9 nvestigatiens. All Gests aSSGGiated with SUGh investigations shall be paid by OWNER. (k) 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. PJN O Acontracts\%nwater_reuse (1) Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. (m) Furnish, or direct FNI to provide, Additional Services as stipulated in Article VII of this AGREEMENT or other services as required. (n) Estimates of the cost of land and rights-of-way, compensation for or damages to properties and interest and financing charges will be provided by OWNER or others so designated by OWNER. (o) Bear all costs incident to compliance with the requirements of this Article IV. M Upon acceptance and approval by City of Section 11: Pipeline Alignment Report FINAL DESIGNPLAN PREPARATION, mylar record copies of original tracings, cross sections, preliminary alignments p4i44s, special provisions, field notes, and any other related documents or items shall become the sole property of the City of Grapevine and shall be delivered to City, without restriction on future use. Engineer may make copies of any and all plans, cross sections, field notes, and related documents for his files. Any reuse by City or by any third party who obtained said documents from City without written verification or adaptation by Engineer will be at City's or third party's sole risk and without liability or legal exposure to Engineer or Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses and expenses, including reasonable attorney's fees arising out of or resulting therefrom. 23 OAcontractsVUwater-reuse 9.1 After acceptance of the final plans and special provisions by City, Engineer agrees, prior to and during the construction of this project, to perform such engineering services as may be required by City to correct errors or omissions on the original plans prepared by Engineer and to change the original design as required by such errors or omissions at no additional compensation. 9.2 Redesign occasioned for the convenience of the City shall be at additional compensation for Engineer. Any additional compensation shall be as negotiated between Engineer and City and agreed upon in a separate or supplemental contract after authorization by of the City Council. 9.3 Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of this responsibility and liability of Engineer, its employees, associates, agents, subcontractors and consultants for the accuracy and competency of their Designs, Working Drawings and Specifications, or other Documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the Designs, Working Drawings and Specifications or other Documents prepared by engineer, its employees, associates, subcontractors, agents and consultants 9.4 Engineer agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses including attorney's fees and collection costs for personal injury (including death, property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by the intentional or negligent bFeaGh performance of any of the terms or provisions of this Contract by Engineer, its officers, agents, associates, employees or subconsultants, or by any other negligent 24 OAcontractsNfUwater-reuse act or omission of Engineer, its officers, agents, associates, employees or sub - consultants, in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Engineer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise to any other entity. 91 RMUZ, Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum insurance during the term of this Contract: 10.1 Worker's Compensation and Employers' Liability. This insurance shall protect the Engineer and his subcontractors against all claims under applicable state workers' compensation laws. The insured shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers' compensation law. This policy shall include an all -states endorsement. The liability limits shall not be less than: Workers' Compensation Employers' Liability Statutory $500,000 10.2 Comprehensive General Liability This insurance shall be an occurrence type policy written in comprehensive form and shall protect the engineer and his 25 OAcontracts\Mnwater-reuse subcontractors and the additional insureds against all claims arising from bodily injury sickness, disease or death of any person other than the Engineer's employees or damage to property of the City of Grapevine or others arising out of the act or omission of the engineer or his subcontractor or their agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, a (protective liability) endorsement to insure the contractual liability, broad form property coverage, xcu, premises/operations, and independent contractors. Bodily Injury $ 1,000,000 per occurrence Property Damage $ 2,000,000 aggregate 10.3 This insurance shall be written in the comprehensive form and shall protect the provider, the Engineer and his subcontractors and the additional insured against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on and off the site of all motor vehicles licensed for highway use, whether they are owned, non -owned, or hired. The liability shall not be less than: Bodily Injury Property Damage $ 1,000,000 Combined Single Limit 10.4 Professional Liability coverage of not less than $1,000,000.00 single limit. The Engineer shall maintain coverage for at period of no less than two (2) years from the date of project completion. 10.5 Cost of all Insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates evidencing such minimum coverage in force to be filed with the City. Such certificates shall provide that City 26 OAcontracts\%nwater reuse shall receive 30 days prior written notice of any cancellation, change or reduction in coverage. In connection with the work outlined in this Contract, it is agreed that the Director may cancel or indefinitely suspend further work by written notice to Engineer with the understanding that immediately upon receipt of said notice all work and labor being performed under this contract shall cease immediately. Before the end of a thirty (30) day period following such notice, Engineer shall invoice the City for all work completed and shall be compensated in accordance with the terms of this Contract for all work accomplished by Engineer prior to the receipt of said notice, and approved by Director. No payment shall be made by City to Engineer for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data related to the project shall become the property of City upon termination of this Contract. Nothing herein shall deprive City of its right to terminate this Contract for breach of same by Engineer and City retains its right to any and all remedies it may have, at law or at equity, to strictly enforce the terms of this Contract, included, but not limited to, its right to seek specific performance of the terms hereof. In case of any default by Engineer, City shall notify Engineer in writing of same. If Engineer does not remedy the default within ten (10) days of said notice, City may terminate this Contract for cause and/or pursue any legal remedy it may have against Engineer. ER This Contract is entered into subject to the Charter and Ordinances of the City of Grapevine, as amended and applicable Federal and Texas State laws. The provisions of this Contract shall be construed in accordance with the laws and court decisions of Tarrant 27 0Acontracts\f&nwater-reuse County and the State of Texas; and exclusive venue for any litigation which may be filed by either party hereto in connection with this Contract shall be in Tarrant County, Texas. XIII ASSIGNMENT This Contract shall be deemed personal to Engineer and in no event shall be sublet or assigned without written approval of City. XIV RIGHT OF REVIEW; INDEPENDENT CONTRACTOR Engineer agrees that City may review any and all work performed by Engineer on this project. The relationship of Engineer to City is that of Independent Contractor. z XV — As a condition of this Contract, Engineer covenants that he will take all necessary actions to insure that, in connection with any work under this Contract, Engineer, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job performance, either directly, indirectly, or through contractual or other arrangements. In this regard, Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. OAcontracts\%nwater reuse M Engineer covenants and represents that Engineer, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. MATA The Engineer shall maintain, and the City shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in the performance of this Contract. Such right of examination shall include inspection at all reasonable -times of the Engineers offices or facilities, or such parts thereof, as may be engaged in the performance of this Contract. 29 OAcontracts\%nwater—reuse f xvill NOTICES All written notices and correspondence given to City by Engineer shall be mailed or delivered to the City of Grapevine, Director of Public Works, 200 South Main Street, P.O. Box 95104, Grapevine, Texas 76099. All written notices and correspondence from City to Engineer shall be mailed or delivered to the Engineer as follows: Freese and Nichols, Incorporated 4055 International Plaza Suite 200 Fort Worth, TX 76109 EXECUTED this the day of 2000, the CITY OF GRAPEVINE signing by and through the City Manager, adopted by City Council on and signing by and through its has caused this instrument to be executed by its duly authorized officials. CITY OF GRAPEVINE FREESE AND NICHOLS, INC. By: By: City Manager Roger Nelson APPROVED BY CITY COUNCIL ON 30 Title Name Oftcontracts\f&nwater—reuse 121 @ Sandylake/Grapevine Mills repair Damage acurred on 1-6-2000 2 Lumaniare $ 175.00 $ 350.00 2 street name sign(HWY 121) $ 154.60 $ 309.20 2 Left turn yeild on green ball sign $ 41.52 $ 83.04 4 traffic signal 3 section with mounting hdwr. $ 520.65 $ 2,082.60 800 6 AWG wire $ 0.26 $ 208.00 2 Down guy anchor $ 94.00 $ 188.00 2 concrete $ 81.00 $ 162.00 2 Drilling holes for down guy $ 253.00 $ 506.00 6 sign mounting SE -0507 $ 18.36 $ 110.16 1 misc hdwr $ 74.00 $ 74.00 4 Traffic signal disconnect SE -3073 104.49 $ 417.96 12 Span clamps 12.45 $ 149.40 12 hangers SE -5065 5.94 $ 71.28 1 Span wire, clamps, blots, nuts, misc hdwr $ 379.28 $ 379.28 32 Hours of labor as of 2-26-00 23.5 Hours of overtime as of 2-26-00 $ 5,090.92 2/26/00