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Item 4DCity of Southlake, Texas MEMORANDUM February 20, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Authorize a Professional Services Agreement with Freese and Nichols, Inc. to provide engineering services for a water supply line from the Pearson Ground Storage Tanks to the TW King Pump Station, authorize staff to execute said agreement and take any necessary action Action Requested: Authorize a Professional Services Agreement with Freese and Nichols, Inc. to provide engineering services for a water supply line from the Pearson Ground Storage Tanks to the TW King Pump Station, authorize staff to execute said agreement and take any necessary action Background Information: The City Council included project funding in the FY 2006 CIP Budget for engineering design of a water supply transmission line from the new 42" Fort Worth water supply transmission line through Keller to the Pearson Road Pump Station. The proposed water line will extend from Florence Road at Pearson Road north to the T. W. King Pump Station north of SH 114. Adding this water transmission line to our system will provide a much needed second source to the northern part of the City and relieve the strain on the distribution system in the peak summer months. Preliminary modeling of the water supply system indicates a need for a 24" water line in this corridor. The scope of the proposed agreement with Freese Nichols is for a study to determine the best route and location for this water line. The consultants will look at three possible routes and will recommend a preferred alignment. The design schedule anticipates completion of this phase of design in July 2007. Final design of the project will be in a separate contract that will be prepared and presented to the City Council after the route study is completed and the preferred alignment is selected. Construction of the water line is projected to begin in 2008. Financial Considerations: The total fee for this agreement is $57,570.00 including $47,570.00 for Basic Services and $10,000.00 for Additional Services. Utility Funds are in the current CIP budget in Project 06U09 -0001 for these services. Construction funding for the project is in the FY 2007 CIP budget. Citizen Input/ Board Review: None Legal Review: This is the standard form of the agreement prepared by the City Attorney. Alternatives: The City Council may approve the proposed professional services agreement or deny it. Supporting Documents: Freese and Nichols Professional Services Agreement for Engineering Services Location Map Staff Recommendation: Authorize a Professional Services Agreement with Freese and Nichols, Inc. to provide engineering services for a water supply line from the Pearson Ground Storage Tanks to the TW King Pump Station in the amount of 57,570.00, authorize staff to execute said agreement and take any necessary action. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer 0 N AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this day of , 200_ by and between the City of Southlake, Texas (hereinafter referred to as "CITY "), and Freese and Nichols, Inc. (hereinafter referred to as "ENGINEER "). WHEREAS, CITY contemplates the need to make improvements to the North Water Supply Routing. This project is to be known as the North Water Supply Routing Analysis and hereinafter referred to as the "Project ". WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary engineering work upon which the Project is based and is willing and able to work with CITY staff to organize and coordinate the professional services necessary to complete the Project. NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments on the dates and in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment I which is attached hereto and incorporated by reference as if fully set forth herein. I. ARTICLE ENGINEERING SERVICES A. Scope of Work ENGINEER will provide the supervision, direction, personnel and equipment to perform the engineering Services outlined in Attachment I in accordance with the terms set forth in this Agreement and in Attachment I. B. Definitions. Services refers to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes. CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and /or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Page 1 Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. D. Coordination With Owner. The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY's possession relative to existing facilities and to the Project. E. Site and Local Conditions. ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER's employees will be made with CITY. F. Assignment and Subcontractors/Third Party Rights. The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior consent of CITY. G. Independent Contractor. ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. Page 2 H. Disclosure. By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants 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. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. 1. Approval by CITY. Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGINEER's professional services or in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by CITY signifies the CITY's approval of only the general design concept of the Improvements to be constructed. J. Indemnification. ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. Page 3 K. No Third Party Beneficiary. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters /disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and ENGINEER, or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations they owe to either CITY or ENGINEER. L. Successors and Assigns. CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party to this Agreement and to the successors, executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. 11. ARTICLE CITY'S RESPONSIBILITIES CITY will: 1. Provide full information as to CITY's requirements for the Project; 2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's control or knowledge which is pertinent to the Project, including executed right - of -way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY's decisions; Page 4 7. Provide all information and criteria as to the CITY's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction. 8. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. 10. Provide any other information or assistance as outlined in Attachment 1 hereto. 111. ARTICLE COMPENSATION FOR ENGINEERING SERVICES The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work described in Attachment 1, Article I, the ENGINEER shall be paid a lump sum of $47,570. Compensation for Special Services described in Attachment 1, Article II, shall be a not to exceed fee of $10,000 as authorized by Owner. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for costs incurred in accordance with the work performed provided the limits set out in Article IV hereof have not been exceeded. Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by such records or other written proof as CITY deems necessary to verify the billings. Remittances shall be made to ENGINEER's office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109. If CITY fails to make payment due ENGINEER within thirty (30) days of the day when payment for services and expenses is due under the terms of this Agreement, ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the Texas Government Code. Page 5 V. ARTICLE ADDITIONAL ENGINEERING SERVICES In addition to performing the engineering services set out in Article I, hereof, ENGINEER agrees to perform additional services as requested by CITY from time to time and CITY agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard hourly fee (see Attachment 1) as determined by the actual costs incurred and by actual time expended, such services to be one or more of the following: 1. Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Preparation of environmental impact assessments or statements for any governmental agency; 4. Miscellaneous engineering work for CITY not related to the Project; 5. To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; 6. Preparation of environmental impact assessments or statements for any governmental agency; and 7. Miscellaneous engineering work for CITY not related to the Project. 8. Other services agreed to by the parties in writing attached hereto as Attachment II and incorporated herein. VI. ARTICLE STANDARD OF CARE In performing its professional services, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the ENGINEER's undertaking herein or its performance of services, and it is agreed that the ENGINEER is not a fiduciary with respect to the CITY. Page 6 VII. ARTICLE PERIOD OF SERVICE This Agreement shall be effective upon execution by CITY and ENGINEER, and shall remain in force until work is completed on the Project or until terminated under the provisions hereinafter provided in Article IX. VIII. ARTICLE TERMINATION The CITY may terminate this Agreement at any time for convenience or for any cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE OWNERSHIP OF DOCUMENTS All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shall become the property of CITY if this Agreement is terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY's sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's expense, insurance of the type and of minimum coverage limits as follows: Workers Compensation - Statutory Employer's Liability - Limits as required by the State of Texas. Page 7 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY upon execution of this Agreement. Such certificates shall provide that the insurer will give CITY not less than ten (10) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to complete the Route Analysis Report within 120 calendar days, to begin upon receipt of CITY's — provided information. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to CITY's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for Page 8 commencing and completing the services, and the basis for compensation as agreed upon by CITY and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: Shana Yelverton City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817- 748 -8400 Fax: 817- 748 -8010 If to ENGINEER: Thomas Haster, P.E. Principal Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Phone: 817- 735 -7300 Fax: 817- 735 -7491 All notice shall be effective upon the date of receipt. XIII. ARTICLE SEVERABILITY In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. Page 9 XIV. ARTICLE VENUE -LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to e executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: Shana Yelverton, City Manager ATTEST: By: City Secretary ENGINEER: By: --� Thomas Haster, P.E. Printed Name Principal , {Title} Page 10 THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared Thomas Haster known to me [or proved to me on the oath of — or through known (description of identity card or other document)] to be the person whose name is subscribed to the foregoing instrument and that he /she is the duly authorized Principal of Freese and Nichols Inc. , and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office 1 day of t k"_ , A.D. 200 thi '41 (SEAL) Notary Pu exas ,.CV k , KELLY . SHRIVER Notary Public * * STATE OF TEXAS jqotary'sNam6 P OF My Comm. Exp. 01 /08/2011 Page 11 ATTACHMENT 1 SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER NORTH WATER SUPPLY ROUTING ANALYSIS FOR THE CITY OF SOUTHLAKE GENERAL: The City of Southlake North Water Supply Routing Analysis Project (the Project) will include an analysis of alternative pipe routes for the following facilities: • Beginning at the intersection of Pearson Rive and Florence Road, the approximate location of the end of the 42 -inch transmission line, and terminates at the north pump station and ground storage facility. The total distance for the Project is approximately 28, 600 LF of 30- inch water transmission line. ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. ROUTING ANALYSIS Upon execution of this AGREEMENT, FNI shall: TASK A -1. Kick -off meeting to consult with the City of Southlake (hereinafter known as OWNER) to: a. Review the scope of services b. Verify OWNER's requirements for the Project c. Review available data. d. Advise OWNER as to the necessity of OW NER's providing or obtaining data or services from others, and assist OWNER in connection with any such services. TASK A -2. FNI will visit the site to review route alternatives on the ground. a. Upon initial field review, FNI will provide the OWNER with a list of record drawings and other data to be provided by the OWNER to FNI in support of the route analysis. b. FNI will contact other entities for requesting record drawings and contact DIGTESS to flag the approximate horizontal location of existing franchise utilities. c. FNI will review record drawings, planning data, site plans and other data provided by the OWNER and use this information in identifying potential conflicts. FNI will not provide any distribution modeling services under this contract. d. FNI will contact TX DOT, the County, and the Town of Westlake to attempt to determine what plans are being made for road improvements, which may affect the route selection. TASK A -3. FNI will prepare and issue a report containing analysis and recommendations for up to two route alternatives. The report will include analysis and investigated information that addresses the following items: a. Identify potential conflicts (based on field observation and record drawings), approximate the number of easements required based upon landowner and abstract information to be provided by the OWNER, identify logical phasing of the project, provide a summary of environmental permitting needs (including Texas Historical Commission) and summarize TxDOT and TCEQ requirements. b. Estimate the number of permanent and temporary construction easements, quantify the approximate cost of land and right -of -way acquisition, compensation for or damages to properties and interest and financing charges will be provided by OWNER or others so designated by OWNER. c. Furnish three copies of the above route analysis documents and present and review them with OWNER and two more copies to review with the Town of Westlake. d. Review the report with the OWNER at the mid -point and final stages of the project. Comments made by the OWNER in review of report at mid -point will be used to take the report to its final version. TASK A -4. Prepare an opinion of probable construction cost and recommendations for each alternative studied. The Opinion of Probable Construction Cost will be included in the Report and reviewed with the OWNER. TASK A -5. FNI will prepare aerial photo maps showing the route and limits of construction. The maps will also include utility information gathered during visits to the site and input from entities contacted in TASK A -2. The maps will identify conflicts and obstacles addressed in the report. The maps will be included in the appendix of the report. TASK A -6. FNI will meet with the OWNER (two meetings) to review and tour the route. FNI will attend meetings (four meetings) and coordinate the route and construction requirements with the Town of Westlake and the City of Fort Worth. ARTICLE II SPECIAL SERVICES: Special Services to be performed by FNI shall not exceed $10,000. Each special service task shall be negotiated for scope, fee, and schedule separately. Any task with a fee that causes the sum of all Special Services task fees to exceed $10,000 shall be considered outside the scope of Special Services, and shall be negotiated separately if requested bythe OWNER. FNI shall proceed with the special service task only after the scope, fee, and schedule have been negotiated and agreed upon by the OWNER and only with written authorization from the OWNER ARTICLE III ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically authorized in writing by OWNER, which are not included in the above - described basic services, are described as follows: A. Environmental Site Assessment and permitting with the United States Army Corps of Engineers. B. GIS mapping services or assistance with these services. C. Subsurface Utility Engineering services for precise location of subsurface conflicts and utilities. D. Preliminary or Detail Design, Specifications, Contract Documents, or Construction Representation for any of the project pipelines. E. Site visits and meetings in excess of the number of trips included in Article I. F. 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. G. Providing a surge model for the waterline. H. Providing modeling of the distribution system. Investigate alternate routes in excess of the number identified in Article I. Geotechnical investigation and analysis of soil conditions along the route alternatives K. Engineering survey or topographic land surveying along the route alternatives. L. Preparation of easement or right -of -way documents. ARTICLE IV 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: • Complete Route Analysis Report within 120 calendar days, to begin upon receipt of OWNER - provided information. 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. If these delays are excessive, then FNI reserves the right to negotiate additional compensation for additional services related to the delay ARTICLE V RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. 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. B. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article IV of this AGREEMENT or other services as required. C. Bear all costs incident to compliance with the requirements of this Article V. D. OWNER'S DETAILED TASK LIST 1) Route Study Contact other departments within the City of Southlake and coordinate with them to obtain record drawings, planning data and other information pertinent to the project, including the following: • Street and Storm Drain Record Drawings • Water and Sewer Record Drawings • Site Plans, Concept Plans and Plats which have been filed with the City • Information on other potential development • CIP and other documents of a similar nature used by City departments for planning projects • AutoCAD or GIS files of ownership and abstract maps along the alternative routes. • AutoCAD or GIS files of aerial photographs and contours along the alternative routes. ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative — Gordon Mayer, P.E.; Deputy Director of Public Works, 1400 Main Street, Suite 320, Southlake, Texas 76092; phone (817) 748 -8089 FNI's Project Manager — Thomas Haster, P.E., 4055 International Plaza, Suite 200, Fort Worth, Texas 76109; phone 817 - 735 -7238; fax 817 - 735 -7492; email th @freese.com FNI's Accounting Representative — Jana Collier, 4055 International Plaza, Suite 200, Fort Worth, Texas 76109; phone 817- 735 -7354; fax 817- 735 -7496; email jvc @freese.com 9 COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON HOURLY RATES ATTACHMENT CO Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum of $47,570. Compensation for Special Services shall be a not to exceed fee of $10,000 as authorized by Owner. 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 Charqes Schedule of Charges: Position Min Max PRINICIPAL 187.44 371.03 SENIOR CONSULTANT 190.17 249.60 GROUP MANAGER 174.75 253.61 ENGINEER VIII 204.35 26511 ENGINEER VII 182.80 232.75 ENGINEER VI 150.42 211.68 ENGINEER V 123.99 173.17 ENGINEER IV 106.14 146.08 ENGINEER III 95.05 132.69 ENGINEER II 86.16 109.15 ENGINEER 1 82.21 108.28 ELECTRICAL ENGINEER V 137.13 179.98 ELECTRICAL ENGINEER IV 102.51 134.54 ELECTRICAL ENGINEER 11 80.88 106.16 ELECTRICAL ENGINEER 1 66.60 101.19 MECHANICAL ENGINEER VI 143.49 188.33 MECHANICAL ENGINEER V 121.95 160.06 MECHANICAL ENGINEER IV 97.14 127.50 MECHANICAL ENGINEER 11. 79.44 104.27 DISCIPLINE LEADER 1 119.31 156.59 DISCIPLINE LEADER 11 168.60 221..29 SENIOR RESIDENT REPRESENTATIVE 121.20 193.57 PROGRAM MANAGER II 123.78 162.46 PROGRAM ADMINISTRATOR 131.92 164.90 CONSTRUCTION CONTRACT ADMIN 111 107.93 193.57 CONSTRUCTION CONTRACT ADMIN 11 75.00 143.21 CONSTRUCTION CONTRACT ADMIN 1 64.17 92.53 DOCUMENT CONTROL CLERK 53.67 70.44 SR DESIGNER 120.69 158.41 DESIGNER II 106.50 143.52 DESIGNER I 83.10 109.07 CADD DESIGNER 100.41 13927 ENGINEERING TECHNOLOGIST 1 58.77 77.14 TECHNICIAN IV 79.38 121.24 TECHNICIAN III 74.10 107.22 TECHNICIAN II 55.74 73.16 TECHNICIAN 1 4199 69.22 GIS COORDINATOR 90.87 119.27 GIS ANALYST 11 66.90 91.31 GIS ANALYST 1 64.83 85.09 3D VISUALIZATION COORDINATOR 92.85 121.87 ENVIRONMENTAL SCIENTIST VII 141.57 185.81 ENVIRONMENTAL SCIENTIST VI 111.21 149.98 ENVIRONMENTAL SCIENTIST V 90.91 119.32 ENVIRONMENTAL SCIENTIST IV 86.96 114.13 ENVIRONMENTAL SCIENTIST III 79.05 120.45 ENVIRONMENTAL SCIENTIST II 58.05 82.10 ENVIRONMENTAL SCIENTIST 1 53.10 69.77 ARCHITECT V 125.64 169.27 ARCHITECT IV 89.52 117.50 ARCHITECT III 86.64 113.72 ARCHITECT II 65.04 85.37 .PLANNER IV 106.62 139.94 HYDROLOGIST VI 117.21 153.84 HYDROLOGIST V 111.51 146.36 HYDROLOGIST IV 88.53 116.20 HYDROLOGIST III 77.84 101.51 HYDROLOGIST II 67.14 88.12 GEOTECHNICAL ENGINEER VI 150.66 197.74 SENIOR GEOLOGIST 110.25 144.70 PUBLIC INVOLVEMENT COORDINATOR 81.93 110.17 WEB SERVICES ADMINISTRATOR 92.65 121.87 WORD PROCESSING /SECRETARIAL 55.32 81.31 OPERATIONS ANALYST 87.63 131.95 CONTRACT ADMINISTRATOR 69.96 91.82 INFORMATION SERVICES ADMINISTRATC 47.01 61.70 INFORMATION SERVICES CLERK 31.61 51.50 CO -OP 43.13 64.18 The ranges and individual salaries will be adjusted annually. RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter PU CAD Stations $10.00 per hr on per plot Other $5.00 per plot Color $5.75 per plot Print Shop 0 or Uopies an rin ing $0.50 per single side copy $1.00 per double side copy Black and White Copies and Printing $0.10 per single side copy $0.20 per double side copy Binding $5.75 per book Testing Apparatus Density Meter $700.00 per month Gas Detection $20.00 per test OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth, and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent person other than staff members. ggp:02 -08 -06 -3.75 CO -1 FNI OWNER