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2000-174
FILE REFERENCE FORM 2000-174 X Additional File Exists FILE(S) Additional File Contains Records Not Public, According to the Public Records Act Other Date Initials First Amendment to Agreement - Ordinance No. 2001-154 04/17/01 JR Second Amendment to Agreement - Ordinance No. 2001-382 10/02/01 JR Third Amendment to Agreement (original is attached) 10/10/01 )R ORDINANCE NO. OOO- `f AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage Freese and Nichols, Inc., a Texas Corporation ("F&N ), to provide professional engineering services to the City pertaining to the final design of, the preparation of construction plans and specifications for, and the performance of related construction phase services for the City of Denton Lake Ray Roberts Water Treatment Plant; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional engineering services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engineering services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Council approves, and the City Manager is hereby authorized to execute a Professional Services Agreement with Freese and Nichols, Inc., a Texas Corporation, for professional engineering services pertaining to the final design of, the preparation of construction plans and specifications for, and the performance of related construction phase services for the City of Denton Lake Ray Roberts Water Treatment Plant; in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of F&N and the ability of F&N to perform the services needed by the City for a fair and reasonable price. SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ��0r� day of 2000 &'L'r� C-k- EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By &Al%h Ain APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By C-4U S \Our Docurwnus\Ordinance9\00\F&N PSA Ord - Lake RR Wtr Ttmt Plant doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT THIS AGREEMENT is made and entered into as of the � day of A/.l,L , 2000, by and between the City of Denton, Texas, a Texas Municipal Corporahorif with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and Nichols, Inc, a Texas Corporation, with its offices at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT'), the parties acting herein, by and through their duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein area m connection with the following described project (the "Project") Professional engineering services pertaining to the final design of, the preparation of construction plans and specifications for, services during the bidding process, and the performance of related construction phase services, and general representation during construction for the 20 MGD City of Denton, Lake Ray Roberts Water Treatment Plant ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Scope of Services and Estimate of Hours and Costs --- Final Design and Construction Phase Services" April 2000 [as modified on May 8, 2000], prepared by CONSULTANT for OWNER, which document is attached hereto as Exlubrt "A," and is incorporated herein by reference, which document is comprised of, and subdivided into the following sections Project Team, Scope of Services, 9WurU umenWCanhootlWUP &Nk ISPBA PWID IPLWWTPC Page 1 of 10 3 Narrative on Scope and Assumptions, 4 Cost Proposal — Estimate of Hours and Cost, and 5 Subconsultant Scope and Proposals B If there is any conflict, or if any conflict arises between the terms of this Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Exhibit ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above -described Scope of Services, set forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT ARTICLE N PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager for Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten percent 2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project Sb W umm�nibKq M&NkW.PSA NndMdPLSRN' FP Page 2 of 10 B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project in accordance with the provisions of those three (3) tasks which are described as "Task 1- Final Design, Task 2- Construction Phase Services, and Task 4 - Special Services" as set forth in "Section B — Scope of Services" of Exhibit "A' attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the "Project Schedule" set forth in Exhibit "A" CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget" set forth in Section "D" of Exhibit "A', billed monthly CONSULTANT shall bill from time sheets, in minimum '/4 hour or smaller time increments, at the hourly rates and at the expense rates provided for in the "Project Budget" OWNER agrees to pay to CONSULTANT for its professional services performed, for its Subcontractor Expense, and for its Direct Non -Labor, out -of pocket expenses incurred in the Project, a total lump -sum amount of fees and expenses of $2,162,929 00 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities, or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not subirntted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B MWMN WMTEMMFrctl0&M0 UPSA PIwIOnIPLKWTPE Page 3 of 10 heremabove Statements for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and famished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansmg from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable S�urNnmm \C�W&NkWISNA PWIO IVLPAWTPE Page 4 of 10 attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, subcontractors, subconsultants, attorneys, and/or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herem shall waive any of the parry's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to evidence such insurance coverage The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under tlus Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution ansing out of or relating to, tlus Agreement involving one parry's disagreement may include the other party to the disagreement without the other's approval SWneO vjnenU\Cdn�=&NkWsPSA P dO ipiMWTPd Page 5 of 10 ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate tlus Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If this Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein 6 Our vmmMCgNncMWURawANk 16PSMFi al [pLWWTP. Page 6 of 10 To CONSULTANT Freese and Nichols, Inc Robert Pence, Senor Vice -President 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Fax (817)735-7491 M M61INN" City of Denton, Texas Howard Martin, ACM/Utilities 215 East McKinney Denton, Texas 76201 Fax (940)349-8120 All notices given under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given ARTICLE XV ENTIRE AGREEMENT Tlus Agreement consisting of ten (10) pages and one (1) Exhibit constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap S �Ow OuurvmYe\CgoYOW\ONA�m�ed NkhoI�PSA F"u IPLMWRCa Page 7 of 10 ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under tlus Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER in writing of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto arising out of, or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibit is attached to, incorporated herewith by reference, and is made a part of this Agreement for all purposes pertinent Exhibit "A7 — "Scope of Services and Estimate of Hours and Cost — Final Design and Construction Phase Services" April 2000 [as modified on May, 8, 2000] B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and SWuU umd11MgO6Yq�*&Njc hPM P IDWVLPA PTT Page 8 of 10 shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the Project Manager shall be Ray Longoria, Principal, P E; and the key persons who will perform most of the work as the Project Team under, and in accordance with this Agreement, shall be as specifically identified and set forth in Section "A," page A-2 of the "Scope of Services and Estimate of Hours and Cost" document attached hereto as Exhibit "A" This Agreement has been entered into with the understanding, expectation, and the OWNER's reliance, that the above -stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding the change of the Project Manager or other key personnel, requested by CONSULTANT, respecting one or more of the above -stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Notlung herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under tlus Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly -authorized City Manager, and CONSULTANT has expputed this Agreement by and through its duly-authonzed undersigned officer on this the day of 2000 5 WueOxammMCpn4uY\ONP�aw®NkhobPBA PWIIXtlILX WIPE Page 9 of 10 "OWNER" CITY OF DENTON, TEXAS ByAlw F . Jjfl-1 ichael f Je 'it Manager ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By 4 "CONSULTANT" FREESE AND NICHOLS, INC A Texas Corporation ATTEST a SWurO umm nn�&Nlc kPM MMID.IpLMWTPE Page 10 of 10 SCOPE OF SERVICES AND ESTIMATE OF HOURS AND COST MAY, 2000 0 FINAL DESIGN AND PRIME: rill FREESE • NICHOLS SUBCONSULTANTS: Montgomery Watson America Process Applications Incorporated Isbell Structural Engineers EXHIBIT A TABLE OF CONTENTS A. PROJECT TEAM B. SCOPE OF SERVICES C. NARRATIVE ON SCOPE AND ASSUMPTIONS D. COST PROPOSAL - ESTIMATE OF HOURS AND COST E. SUBCONSULTANT SCOPE AND PROPOSALS E-1 Montgomery Watson America E-2 Process Application Incorporated E-3 Isbell Structural Engineers (Opp000501T \LRRWTP SCOPE_OP_SERVICES\TABLE OF CONTENTS DOC A. PROJECT TEAM Design Team The proposed design team for the Lake Ray Roberts 20 mgd surface Water Treatment Plant, Ozone Disinfection Facilities, High Service Pump Station and Ground Storage Project (LRRWTP Project) includes Freese and Nichols, Montgomery Watson, Process Applications, Inc, and Isbell Structural Engineers Freese and Nichols will be the Prime Consultant with MW, PAI and ISE being proposed as subconsultants to FNI for the Electrical and Instrumentation and Control (MW), the Ozone System Optimization (PAI) and the Admmistration/Operations building structural design work (ISE) Freese and Nichols, Inc Freese and Nichols, Inc will be the Prime consultant and have overall project technical responsibility as well as perform the project administrative tasks FNI will prepare all process, hydraulic, pumping, civil, structural, architectural, geotechnical and building mechanical designs, except as noted below FNI will provide construction phase engineering services with support from the subconsultants FNI will provide the on -site Resident Representative Montgomery Watson America Montgomery Watson will perform all of the electrical power supply design for the LRRWTP Project with the exception of the HSPS FNI will prepare the HSPS electrical design MW will prepare the Instrumentation and Control design for the LRRWTP Project MW will prepare the generator, electrical, structural, architectural and building mechanical design for the Back Up Power Generator Building Montgomery Watson America will perform oversight review of the ozone process design to be prepared by FNI Isbell Structural Engineers The original architect for the Administration Building, Gary Duren Architects, has indicated he is not in a positron to undertake the assignment of the updated design but has provided FNI the ongmal design information and work FNI's architects will be responsible for modifying the building design and contract documents The structural engineer for the Administration Building was David Isbell Engineers He has indicated he would be available to prepare the required structural modifications on the building Process Applications, Inc Kerwin Rakness of PAI will perform the ozone bench -scale testing, perform QA/QC on the process and detail design of the ozone system, conduct ozone design optimization workshops, and assist in the start up and training of the ozone facilities Mr Rakness has A-1 5/5/00 performed similar tasks for the City of Arlington, Fort Worth, Dallas, and Upper Trinity Regional Water District WTP's The proposed management and technical staff include Principal in Charge Robert Pence FNI Project Manager Ray Longoria FNI Project Engineer (WTP) Iqbal Hossam FNI Project Engineer (HSPS) Rusty Gibson FNI Architectural Design Neil Pruitt FNI Structural Design Admin Bldg David Isbell ISE Plant Structures Bow Lin FNI General Civil Tony Bosecker FNI Geotechmcal Chuck Easton FNI Electrical and UC Design Pete Landgraf MW Ozone Optimization Kerwin Rakness PAI It is not anticipated that any additional surveying will be required [OFF00050)T R,RRWTP_SCOPE_OF SERVICES\PROJECT_TEAM 515100 A-2 A C E N T U R Y O F S E R V I C E FREESE•NICHOLS May 9, 2000 Mr Tim Fisher, P E Assistant Director of Water Utilities City of Denton 901 A Texas Street Denton, TX 76201 RE Commitment of Project Personnel Lake Ray Roberts WTP Project City of Denton Dear Mr Fisher In response to your request, the following table identifies the key design staff assigned to the Lake Ray Roberts Water Treatment Plant Project and their expected commitment of time to the project A copy of their resumes also are included Position Staff Person Percent of Time Committed to Project Pnncipal in Charge Robert F Pence, P E 5% 40% Project Manager Raymond Longoria P E, DEE Project ngineer (High Service Pump Station) Rusty Gibson, P E 50 0 (Ozone Facilities) Iqbal Hossam, P E 50% 50% (Overall Facilities) David Jackson, P E Architect R Neil Pruitt, AIA 25% Structural Bow Lin 40% 20% General Civil Tony Bosecker, P E Geotechnical Chuck Easton 10% The periods of time that each person will be active on the project will vary some, but the percentage values shown reflect their and Freese and Nichols' commitment to the project We will not change any of these assignments/commitments without permission from the City of Denton Freese4055 International Plaza Engineers Su to 200 Environmental Worth t Texas Scientists 48915 cis 817-735-7300 Fax 817 735-7491 You might also note that in Freese and Nichols' previous work with the City of Denton, we have always delivered to the City for the duration of the lob, the personnel that were committed to the project on the front end If you have any questions, please contact me at (817) 735-7327 Sincerely, IND NIC LS INC R Longon�E , DEE Enclosures [OFF000501T MetTisher LRRWTP Cmmmtment Robert F. Pence, P.E. Sanitary Engineer Senior Vice President Operations Manager Years Experience. With This Firm 21 With Other Firms 6 Education. M S , Civil Engineering (Environmental Division), Texas A&M University, 1978 B S, Civil Engineering, Texas A&M University, 1972 Registration: Professional Engineer, Texas #49560, 1981 Professional Experience: 1978 - Present, Freese and Nichols, Inc , Fort Worth, Texas 1995 - Present. Operations Manager 1994 -1995 Senior Vice President of Environmental Division 1988 -1994. Vice President and Manager of Environmental Engineering Department 1982 -1988 Associate 1978 -1982. Design Engineer, Project Engineer and Project Manager 1976 -1978: Texas A&M University, Research Assistant and Graduate Student 1972 -1976: U S Army, Platoon Leader and Executive Officer of Combat Engineer Company, 1 st Cavalry Division, Fort Hood, Texas Mr Pence is a senior vice president of Freese and Nichols and operations manager of the firm's Environmental and Facilities Support Groups and the Dallas and Longview offices He has professional experience in studies, permitting and design ofboth municipal and industrial water and wastewater facilities Hisactive involvement in treatment plant studies and designs allows him to maintain an up- to-date working knowledge of the rules, regulations, and operating procedures of the Environmental Protection Agency (EPA), process systems and design requirements, supervisory control systems, the EPA and TNRCC permitting processes, and the intricacies of the Clean Water Act Representative projects include: � Water Treatment Plants • Mc ors 0 City of Arlington - Principal-m-charge for the 22 million ozone addition to the Pierce -Burch Water Treatment Plant • City of Fort Worth - Principal-m-charge for the construction management of $25 million Eagle Mountain Lake Water Treatment Plant • City of Denton - Project manager for an upgrade of the water treatment plant • City of Arlington - Project engineer for the $10 million 48 MGD expansion of the Pierce -Burch south water treatment plant The Pierce - Burch Water Treatment Facility recently received the EPA Region VI Award of Excellence in Operation and Maintenance • City of Arlington - Project manager for $1 7 million renovation and upgrading of the Pierce -Burch North Water Treatment Plant from 16 MGD to 40 MGD • City of Hamlin - Project manager for the renovation of the water treatment plant and design of 9,000 linear feet of water lines Wastewater Treatment Plant Design • Trinity River Authority - Project manager for the $125 million, 35 MGD expansion of the Central Regional Wastewater Treatment Plant • City of Breckenridge - Principal in Charge for the expansion of the city's wastewater treatment plant • City of Fort Worth - Project manager for the $50 million, 24 MGD expansion of the liquid treatment facilities, project manager for the $8 million Village Creek High Flow and Standby Facilities Project, project engineer for the $4 nullion Village Creek Wastewater Treatment Plant Operational Study and Design Projects, project engineer for the $50 million Village Creek Wastewater Treatment Plant Sludge Management Project which included a 156-acre sludge -only landfill, and DAF and anaerobic digestion • City of Rockwall - Design engineer for the $1 7 million wastewater treatment plant and sewerage collection system • Camp Bullis - Design engineer for the advanced wastewater treatment system 0 City of Stephenville - Completed an evaluation for a 15 MGD expansion for the wastewater treatment plant • American Airlines - Principal-m-Charge for the American Airlines Fort Worth Alliance Maintenance Base $13 million industrial treatment plant and hazardous materials processing facilities • City of Mineral Wells - Principal -in -charge of expansion and upgrade of the Pollard Creek and Willow Creek wastewater treatment plants Dechlorityof Facilities 0 City iof Fort Worth-Ptincipal-in-charge for the design of dechlormatron facilities at Village Creek Wastewater Treatment Plant -NICHOLS o Trinity River Authority - Project manager for the design of dechlormation facilities at the Central Regional Wastewater System Effluent Reuse and Irrigation • City of Andrews - Quality review manager for the design of facilities for the reuse of effluent for irrigation of golf courses 0 City of Denver City - Quality review manager for the reuse of effluent for irrigation of agricultural crops • City of Denton - Project manager for a wastewater system master plan providing for reuse of effluent for power company cooling towers Water Distribution Systems • City of Beaumont - Project engineer for improvements to the water distribution and pump station improvements • City of Arlington - Project manager of an investigation of the raw water pumping and supply line system The investigation included field testing of existing pumps to evaluate current pumping conditions and to evaluate the existing pipeline capacities The test results were compared to determine if the system would serve the water demands projected to the year 2000 Wastewater Collection • City of Fort Worth, Integrated Wet Weather Wastewater Management Program -Principal-m-charge ofprovidmg studies, analysis and modelling to develop a master plan for the elimination of sanitary sewer overflows in the collection system A reuse study is included to identify and develop opportunities for viable projects to reduce the demand on the treatment and collection system • Trinity River Authority - Principal-m-Charge for design of the 54- and 60-inch Bear Creek sewer system segments III, IV, and V, and for the Elm Fork Relief Interception Environmental Studies • Various Municipalities - Evaluations of the impact of the Safe Drinking Water Act on water treatment facilities for several cities • City of Denton - Ozonation study and design review • City of San Antonio - Ozonation study and design review Reports. Development of State of Texas Water Quality Management Plans for the Upper Colorado River and Red River Basins NSPE,TSPE Consulting Engineering Council of Texas American Water Works Association Water Environment Federation Presentations and Publications "Integrating Plant Upratmg, Upgrading and THM Control Strategies," Proceedings American Water Works Association, 1983 "Design of Activated Carbon System for Wood Preserving Wastes," presented to the Purdue Industrial Waste Conference, Purdue University, Lafayette, IN, 1980 "The Treatment of Wood Preserving Wastes with Activated Carbon," Texas A&M Umversity, Master's Thesis 1978 Community Activities: Tarrant County United Way Vice Chair, 1994-1995 Division Chairman, 1981-1986 and 1988-1993 Section Chairman, 1980 Loaned Executive, 1979 Leadership Fort Worth Raymond R. Longoria, P.E., DEE Municipal Water/Wastewater Technical Discipline Leader Principal Years Experience. Education: Registration Certification: With This Firm 18 With Other Firms 3 M E , Civil Engineering, Texas A&M University, 1982 B S , Civil Engineering, Texas A&M University, 1977 Professional Engineer, Texas #54661, 1983 Diplomate, American Academy of Environmental Engineers, 89-10022, 1990 Professional Experience- rt worth, Texas, 1982 -Present: Freese and Nichols, Inc , Environmental Design Engineer, Project Engineer and Project Manager 1991- Present Principal 1989 -1991: Associate 1979 -1982: S A Garza Engineers, Inc, Austm, Texas, Design Engineer Mr Longoria, a principal of Freese and Nichols, has served as a design engineer, project engineer, and project manager for numerous water treatment and collection facilities, wastewater reuse feasibility studies and wastewater collection/conveyance systems in his 21 years of experience His responsibilities have included the supervision of planning, design and construction administration for municipal projects and the preparation of studies, plans, and specifications of site evaluation and site layout for large- scale, multiple -contract projects Asa project manager, he reviews and oversees many of the firm's most important assignments Mr Longoria is a Diplomate of the American Academy of Environmental Engineers He holds a Master's Degree in Civil Engineering from Texas A&M University Representative projects include. Water Treatment City of Arlington, Texas Water Utilities - Project manager responsible for alternative water disinfection evaluation, emphasizing ozone/GAC treatment for DBP rule compliance and taste and odor improvements, and design of 75 MGD ozone facilities at the City's Pierce -Burch Water Treatment Plant • City of Denton, Texas - Project manager/project engineer responsible for the planning and design of a 10 MGD conventional surface water treatment plant with provisions for pre-ozonation in the future • City of Kilgore, Texas - Project manager responsible for the planning and design of a 3 5 MGD conventional surface water treatment plant, including a 100 MG terminal storage reservoir • City of Kilgore, Texas - Project manager responsible for water distribution chemical feed improvements and addition of SCADA capabilities for the distribution system and treatment plant • City of Arlington, Texas Water Utilities - Project manager responsible for energy study of water system operation, emphasizing treatment operations scheme to minimize energy consumption and costs • City of Llano, Texas - Project manager responsible for the evaluation of the existing surface water treatment plant and raw water pump station, including recommendation of improvements Recommended improvements include a 3 0 MGD solids contact treatment plant Wastewater Treatment • Trinity River Authority - Project engineer responsible for a Preliminary Design Report and Final Design for the Phase 11135 MGD expansion/upgrade of the Central Regional Wastewater Treatment Plant to 135 MGD advanced treatment Trinity River Authority - Project manager for 210 ton/day biosolids dewatenng facilities improvements for the Central Regional Water and Wastewater system • City of San Marcos, Texas - Program manager for $ 32 million wastewater Capital Improvements Program, including expansion/upgrading of 6 25 MGD secondary Water Wastewater to 9 0 advanced and stabilization of biosolids to Class A level • City of San Marcos, Texas - Project manager responsible for rehabilitation and expansion of the wastewater treatment plant Converted 2 25 MGD plant to 6 25 MGD contact stabilization plant, including land disposal of waste sludge • City of San Marcos, Texas - Project manager for two 500,000 GPD contact stabilization package wastewater treatment plants (Phase 1) • City of Abilene, Texas - Project engineer for a wastewater treatment plant evaluation to upgrade the Hamby Wastewater Treatment Plant from 13 4 to 18 MGD • City of Seguin, Texas - Project manager/project engineer for the Gerommo Creek Wastewater Treatment Plant Project consisted of a new 2 10 MGD oxidation channel wastewater treatment plant, including a 6,000 GPM submersible pump lift station • City of Seguin, Texas - Project manager/project engineer responsible for sludge dewatenng/ handling improvements Provided belt press dewatering equipment, belt press building and sludge disposal vehicle 'City of Stephenville, Texas - Project manager/project engineer �, responsible for wastewater treatment plant evaluation, subsequent design of plant rehabilitation and expansion, including interim we ois dechlormation, and start-up and operational assistance of the facilities Project consisted of an expansion to 3 MGD In addition, 500,000 GPD of treated effluent will be reclaimed and diverted to the city park • City of Eldorado, Texas - Project engineer for engineering study leading to construction of a new 300,000 GPD oxidation pond treatment plant Wastewater Reuse Feasibility Studies City of San Marcos - Technical support for design of 3 6 MGD treated effluent conveyance system to the hays Electric Power project • Lower Rio Grande Development Council - Fund assisted feasibility study of providing treated effluent for indirect potable water source in study of providing treated effluent for indirect potable water source in Lower Rio Grande Valley • ect manager/project engineer for the City of Abilene, Texas - Proj Water Reclamation Research Project • City of Sweetwater, Texas - Project manager for a Reuse Feasibility Study • City of Breckenridge, Texas - Project manager for a reuse feasibility study • City of Plainview, Texas - Project manager for a Reuse Feasibility Study Professional Societies: American Society of Civil Engineers Water Environment Federation American Water Works Association American Academy of Environmental Engineers Diplomate, Water Supply and Wastewater Publications and Presentations' `Biofiltration — The Ultimate Balancing Act," Texas Water 2000 Annual Conference, April 2000, Dallas, Texas "Rate Settling for industrial Reuse in San Marcos, Texas," Water Reuse 2000 National Conference, February 2000, San Antonio, Texas "Filter Inspection Workshop," Texas Water 1999 Annual Conference, April 1999, Fort Worth, TX "Effluent Reuse Rates in Texas," Texas Water 1998 Annual Conference, April 1998, Galveston, TX "Bromate Formation/ Removal in 03 Water Treatment Plant," Texas Water 1997 Annual Conference, April 1997, Arlington, TX "Statewide Regional Wastewater Treatment Feasibility Study in Chihuahua, Mexico," Texas Water Annual Conference, April 1996, Austin, TX "Practical Considerations Impacting the City of Sweetwater Reuse Feasibility Study," 1993 AWWA/WEF Joint National Reuse Conference, February 1994, Dallas, TX "Status of Wastewater Effluent Reuse Studies Prepared as a Permit Renewal Requirement," 1992 Annual Conference, Texas Water Pollution Control Association, June 1992 "Update on Wastewater Effluent Reuse in Texas," TWPCA North Texas Section Meeting, March 1992 "Guidelines for Developing a Water Reclamation/Reuse Project," 62nd Annual Conference, Water Pollution Control Federation, 1989 "Dechlonnation of Wastewater Effluent," Texas Water Utilities Association Short School, July 1989 "Master Plan for the Trinity River Authonty's Central Regional Wastewater System," ASCE Texas Section, April 1990 Community Activities, YMCA of Metropolitan Fort Worth, Board of Managers, 1991-1993 United Way of Tarrant County, Section Chair, 1993 FREESE Russell L. Gibson, P.E. Water Resource Expert Years Experience: Education Registration: With This Firm 16 With Other Firms 3 B S , Civil Engineering, Texas A&M University, 1981 Professional Engineer, Texas #61883, 1987 Professional Experience: 1984 - Present: Freese and Nichols, Inc, Project Engineer and Project Manager 1982 -1984: Bennett -Carder & Associates, Project and Design Engineer Mr Gibson has designed and managed a variety of water transmission projects as a member of Freese and Nichols' Pipeline and Pump Station Department Assignments he has been responsible for include design and resident representation of water distribution and wastewater collection system improvements, water storage facilities, and major water transmission systems Representative projects include Water Distribution • City of Austin - Design engineer for water utilities on the Braker Lane Street project east of Loop 1 (MOPAC), which included 24-inch, 16-inch, and 12-inch water distribution mains • City of Bryan - Design engineer for water utilities on the Bryan East Side Access Road project which included 12-inch and smaller water distribution mains • City of Georgetown - Design engineer for water improvements on the San Jose Neighborhood Improvement project, including small diameter water distribution mains • City of Borger, Texas - Design engineer on the Fairlane Water Improvement Project which included design of a million gallon elevated storage tank, 20-inch transmission main, booster pumps, and site plans, and Design and Construction Engineer for the backflush holding ponds project Wastewater Collection • k and Boggy Creek city of Austin - Project engine Wastewater Interceptor, with 13,000 linear feet of 36-inch and 54-inch er on the Onion Creek wastewater lines at a construction cost of $4 2 million • City of Austin - Design engineer for wastewater utilities on the Braker Lane street project east of Loop 1 (MOPAC) including I0-inch wastewater collection mains • City of Keene - Project manager for the Wastewater Interceptors Project, including 30,000 feet of 10-inch to 18-inch wastewater interceptors • City of Killeen - Project manager for the Nolan Creek Tributary II Wastewater Interceptor with 20,000 feet of 6-inch to 36-inch wastewater Imes • City of Killeen - Project manager for the Willow Springs Wastewater Interceptor Preliminary Phase I, including 24,000 feet of 30-inch and 36- mch wastewater interceptor • City of Killeen - Project manager for the South Killeen Wastewater Master Plan Study • City of Seguin - Project engineer for Geronimo Creek Wastewater Interceptors and Outfall Project including 25,000 feet of 15-inch to 30-inch wastewater lines • City of Bryan - Design engineer for wastewater utilities on the Bryan East Side Access Road project with 12-inch and smaller wastewater collection mains • City of Georgetown - Design engineer for wastewater improvements on the San Jose Neighborhood Improvement project • City of Borger, Texas - Project and construction engineer for the Southwest Borger Sewage Collection System covering gravity sewer, force main and lift station design • City of Borger, Texas - Project design and construction engineer for the Downtown Borger Sewer Replacement project • City of Borger, Texas - Design engineer for the Rock Creek Sewer Projects Water Transmission • Colorado River Municipal Water District - Project manager for the design and construction of the O H Ivie Pipeline, including 156 miles of 53-mch to 60-mch pipeline with a total cost of $76 million • Colorado River Municipal Water District - Project manager and resident construction engineer for the O H Ivie Project including seven pump stations, seven electric substations, five steel ground storage tanks, one 100 million gallon earthen reservoir and related control systems with a total cost of $30 million • Tarrant Regional Water District - Project manager for the design and construction of the 200 MGD Benbrook Pump Station, 90-inch Benbrook Pipeline, and related chemical facilities and control systems with a construction cost of $30 million • Canadian River Municipal Water Authority Project manager for the design of the Alternate Water Supply Project Water Transmission Facilities, including 36 miles of 54-inch pipeline, two pump stations, and two storage tanks The project is scheduled for construction in late 1999, and has an estimated cost of $40 million • City of Cleburne - Project manager for the Aquilla Water Supply Project, including 30 miles of 24" pipeline and one pump station The project is scheduled for construction in late 1999 and has an estimated cost of $15million • North Texas Municipal Water District - Project engineer for the 28 miles of 36-, 30- and 24-inch water lines for the Wylie-Rockwall-Farmersville System • Greenbelt Municipal and Industrial Water Authority - Project manager for the Childress Pump Station • City of Lubbock - Design engineer for the raw water intake structure of the Alan Henry Reservoir • City Utilities of Springfield, Missouri - Project manager for the Stockton Water Supply Study including route selection and preliminary design of 40 miles of 36-inch pipeline and pump stations • City of Killeen - Project manager for the 30-, 24- and 20-inch water line from Pump Station No 3 to Pump Station No 4 Water Storage Facilities • City of Georgetown - Project engineer for the Leander Elevated Water Storage Tank • Colorado River Municipal Water District - Project manager and resident engineer for five welded steel ground storage tanks and one 100 million gallon earthen reservoir for the O H Ivie Pump Stations Project • Canadian River Municipal Water Authority - Project manager for two ground storage tanks • Tarrant Regional Water District - Project manager for the re -lining of the Cedar Creek Balance Reservoirs Publications and Presentations "The Ivie Pipeline Delivering Water to West Texas," American Society of Civil Engineers Pipeline Conference, San Antonio, Texas, 1993 "The Benbrook Connection Project", American Water Works Association, Texas Water 1998 Conference, Galveston, Texas "The O H Ine Water Transmission System", American Water Works Association, Texas Water 1998 Conference, Galveston, Texas Professional Societies: American Water Works Association American Society of Civil Engineers National Society of Professional Engineers Toastmasters International Honors and Awards: ASCE's 1997 National "Outstanding Civil Engineering Achievement Award" Nomination for the Stockton Water Supply Project ASCE's 1996 State of Texas "Outstanding Civil Engineering Achievement Award" and Nomination for the National "OCEA Award" for the O H Ivie Project Chi Epsilon Iqbal Hossain, P.E. Project Manager Years Experience: With This Firm 8 With Other Firms 2 Education: M S , Civil Engineering (Environmental), The University of Texas at Arlington, 1992 B S , Civil Engineering, Bangladesh University of Engineering and Technology, Dhaka, Bangladesh Registration Professional Engineer, Texas #83490, 1998 Professional Experience: 1992 - Present: Freese and Nichols, Inc , Fort Worth, Texas, Environmental Engineer 1990 -1992: UT -Arlington Graduate Assistant Mr Hossam has managed several water and wastewater treatment plant design and construction projects He specializes inbench-seale, pilot plant ozone studies, and full-scale ozone facility design for water treatment plants Mr Hossam has published numerous papers and articles relating to ozonation in water treatment Mr Hossam is an expert in the implementation of the Safe Drinking Water Act (SDWA) regulations, especially in the new Disinfection Byproduct Rule (DBPR) and Interim Enhanced Surface Water Treatment Rule (IESWTR) Mr Hossam also has significant experience with State and Federally -funded projects Representative projects Include* Water Treatment • Project Manager for an ion exchange facility design and construction for the City of Vernon • Assistant Project Manager for the Cherokee and Sabine River Water Treatment Plants Improvements for the City of Longview • Project Engineer of a 75 MGD ozonation facility and Granulated Activated Carbon (GAC) Filters at the Pierce Burch Water Treatment Plant for the City of Arlington, Texas • Project Manager for the ozone pilot study for Sabine and Cherokee water treatment plants for the City of Longview • Project Manager for the ozonation pilot study for the City of Cleburne water treatment plant (15 MGD) • Project Manager for the enhanced coagulation studies for the Cities of Denton, Cleburne, Longview and Greenbelt Municipal and Industrial Water Authority • Conducted year -long bench -scale and pilot plant ozonation and peroxonation treatability studies with GAC filters for City of Arlington two water treatment plants Evaluated different process alternatives based on cost, safety and current and anticipated future federal regulations • Conducted a pilot plant study on preozonation for turbidity and total organic carbon removal, City of Fort Worth, Texas • Project Engineer for a 5 1 MGD Treated Water Transfer Pump Station design for the City of Breckenridge • Project Engineer for a 3 0 MGD booster pump station for the City of Cleburne • Project Engineer for a 250 ppd ammonia system for City of Cleburne • Hydraulic analysis and modifications of a 16,000 ppd chlorine system for City of Fort Worth • Conducted two bench -scale tests (Rapid Small Scale Column Tests) using GAC at the City of Arlington's Pierce Burch and Southwest water treatment plants • report for construction of cka 17 MGD Prepared a preliminary design conventional water treatment plant for the City of Breckenridge • Conducted a feasibility study for treatment of groundwater, City of Cleburne Evaluated different disinfection processes including ozone based on cost, safety and existing and future regulations, particularly the Groundwater Disinfection Rule • Evaluated chlorine and ammonia systems for Rolling Hills Surface Water Treatment Plant for the City of Fort Worth, Texas Wastewater Treatment • Project Manager for the City of Vernon Wastewater Treatment Plant Improvements • Project Engineer for the wastewater treatment process evaluation for the City of Vernon • Design Engineer for a 4 54 MGD of a wastewater treatment plant for the City of Brownwood • Conducted a bench -scale treatability study of industrial wastewater using sequencing batch reactors (SBRs) for City of Mineral Wells, Texas • Completed a process design, with SBRs, for the City of Hallsville's wastewater treatment plant • Developed industrial pretreatment programs of wastewater treatment facilities in the Cities of Cleburne, Brownwood and Stephenville • Conducted an inhibition study using respirometry and bench -scale trickling filter for the City of Brownwood, Texas • Conducted Toxicity Reduction Evaluation studies at wastewater treatment facilities for the Cities of Mineral Wells, Brownwood and Cleburne • Prepared Operation and Maintenance Manuals (O&M) for wastewater treatment plants in the Cities of Brownwood, Stephenville and Cleburne • Conducted a Toxicity Source Identification study for the City of Cleburne Wastewater Treatment Plant The study involved treating numerous industrial wastewater samples by bench -scale activated sludge process • Conducted a treatability study on high strength food processing wastewater using bench -scale Anaerobic Contact Process • Conducted a process feasibility study for treatment of industrial wastewater containing "tetra methyl ammomum compounds" SACHEM, Inc, Austin, Texas • Conducted bench -scale studies on biological nutrient removal using primary effluent from the Village Creek Wastewater Treatment Plant, Fort Worth, Texas Evaluated the performance of an Anoxic - Anaerobic -Aerobic reactor sequence with sludge return Publications And Presentations "Development of Innovative TRE/TSE Methodology for Identification of Unusual Industrial Toxicants," AWWA/WEAT Texas Water `97, April 1997 "Pilot -Scale Investigation of Ozonation With Granular Activated Carbon Filters to Improve Drinking Water Quality," Hossam, I et al (1995), 1995 International Ozone Association Pan American Group Group Conference, Cambridge, MA, November 12-15, 1995 "DBP Formation and Removal in Ozonation Reactions," Hossam, I et al (1995), World Water and Environmental Engineering, February 1996 "Bench -Scale and Pilot Plant Studies on Preozonation for Turbidity and Total Organic Carbon Removal," Hossam, I (1992), M S Civil Engineering Thesis, University of Texas at Arlington, December, 1992 "Effects of Ozonation on Taste and Odor and Disinfection By -Product Formation for City of Arlington Water Supply," Joost, R, Reddy, S , Hossam, I (1995), 12th World Congress of the International Ozone Association, Lille, France, May, 1995 "Bench -Scale Investigation of Ozonation to Meet the Proposed Disinfectants/Disinfection By -Products Rule," Hossam, 1, Reddy, S , Longoria, R R, Andrews, T , (1994), 1995 Texas AWWA Annual Conference, Corpus Christi, Texas "Utilization of Sequencing Batch Reactors Technology to Resolve Regulatory and Budgetary Limitations," King, J , Smith, D , Hossam, I (1996), 1996AWWAIWEATAnnual Conference, Austin, Texas "Bench -Scale Testing of GAC at the City of Arlington, Texas," Reddy, S , Joost, R, Hossam, I (1996), AWWA GAC and Membrane Conference, March 3-5, 1996 Honors and Awards: Marvin C Nichols Award, 1996, 1997 Environmental Engineer IYears Experience With This Firm 6 With Other Firms 0 Education* B S , Civil Engineering, Texas A&M University, 1991 M E , Civil Engineering, Texas A&M University, 1993 Registration, Professional Engineer, Texas #82675, 1997 Professional Experience 1993 - Present: Freese and Nichols, Inc , Fort Worth, Texas, Environmental Engineer Mr Jackson is an Environmental Engineer in Freese and Nichols' Water and Wastewater Engineering Group He is OSHA -certified for the 40-hour hazardous waste clean-up course covered in 29CFR 1910 120 Mr Jackson specializes in water and wastewater treatment plant design, water and wastewater planning, wastewater collection system rehabilitation and design, water distribution system design, and military/Department of Energy storm water management and industrial pretreatment Representative projects include Water Treatment • City of Midland - Managed and prepared the design of chlorine and ammonia facilities improvements to the City's water treatment plant and elevated tank storage facilities, including chlorine and ammonia feed equipment and scrubber systems • City of Arlington - Managed and prepared the design of modifications and improvements to the sedimentation basins and wash water return system at the City's Pierce -Burch Water Treatment Plant • City of Arlington - Prepared design analysis and cost engineering in evaluation of alternatives for future expansion of the City's water treatment plants • City of Fort Worth - Conducted analysis for a remote pump station safety evaluation study including compliance to the requirements of the Uniform Fire Code • City of Fort Worth - Designed modifications to the chlorine and ammoma facilities at the City's Holly Water Treatment Plant • City of Fort Worth - Designed miscellaneous disinfection modifications for the City's Holly Water Treatment Plant Wastewater Treatment modifications and improvements to the • City of Cleburne - Designed city's wastewater treatment plant and conducted a hydraulic analysis of the treatment plant • City of Fort Worth - Conducted analysis of the Village Creek Wastewater Treatment Plant service water system using the Kentucky pipe modeling program Water/Wastewater Planning • East Cedar Creek Fresh Water Supply District - Prepared a long- range master plan including population and flow projections, computer modeling and recommendations for improvements to two water treatment plants, two wastewater treatment plants and associated distribution and collection systems Water/Wastewater Distribution and Collection Systems • Carter Industrial Park -Managed and prepared the design of sanitary sewer system improvements for the Carter Industrial Park • City of Snyder - Prepared Plans and Specifications for improvements to the City s water distribution and wastewater collection systems, including design of new sanitary sewer lines, force mains, potable water lines and a sanitary sewer lift station • City of Brownwood - Designed modifications and prepared plans and specifications for the City's wastewater collection system rehabilitation including the use of trenchless rehabilitation techniques Military and DOE • Red River Army Depot - Managed and prepared a limited condition assessment on the stormwater and industrial wastewater collection systems at the Depot • Red River Army Depot - Prepared a feasibility study of treatment alternatives for replacement of stormwater lagoons at the Depot • Fort Hood, Texas - Designed modifications and prepared plans and specifications for the oil/water separator and hard stand modifications project and coordinated design with the Corps of Engineers and Fort Hood • Fort Polk, Louisiana - Designed and prepared plans and specifications for the oil/water separator sludge disposal and facility upgrade • Fort Bliss, Texas - Designed improvements and developed plans and specifications for the stormwater management and oil/water separator modifications project • ducted sludge and effluent sampling, Fort Polk, Louisiana - Con analysis and characterization for the oil/water separator inventory Professional Societies - �� I FREESE-Nic ots Water Environment Federation American Water Works Associations Publications and Presentations. "Resolution of Immediate and Long -Term Water and Wastewater Planning for the East Cedar Creek Fresh Water Supply District," 1997 Joint AWWA/WEAT Annual Texas Water Conference, April 1997, Arlington, Texas "Power and Cost Considerations in Evaluation of Water Treatment Plant Expansion Alternatives for the City of Arlington, Texas," 1996 Joint AWWA/WEAT Annual Texas Water Conference, April 1996, Austin, Texas R. Neil Pruitt, AIA, CSI, Years Experience: Certifications: With This Firm 10 With other Firms Architecture, Structural Option,'1 Technological University, 1959 Registered Architect, Texas #2932, 1964 Registered Architect, Kentucky #4009, 1992 Registered Architect, Maryland #9380, 1994 Registered Architect, South Carolina #4472, 1992 Registered Architect, Virginia #8534, 1992 National Certification NCARB #41054, 1991 Registered Interior Designer, Texas #5323, 1993 Certified Accessibility Specialist TAS, Texas, 1995 Certified Building Code/Accessibility Specialist, ICBO #R4334.1995 Professional Experience. 1989 - Present: Freese and Nichols, Inc , Fort Worth, Architect 1967 -1980: Maples Associates, Fort Worth, Texs Manager/Architect i o6d _ 1967: Harry Robinson, P E ,Wichita Falls, . V..r,..... James R Killebrew, Wichita Falls, Texas, Architect Pond & Bellamy, Wichita Falls, Texas, Draftsman Mr Pruitt has over 36 years of experience in various types of architectural projects In addition to architectural design and construction document production, he has experience in structural design and experience with registered engineers in design of plumbing, heating and air conditioning and electrical systems for buildings He has been project manager for three large, multi -firm, joint -venture projects, including a large university science building and phases I through III of John Peter Smith Hospital in Fort Worth, Texas His architectural experience includes the private as well as government sector, including numerous projects for the Air Force and Cos of Engineers Mr during the past 34 Pruitt has been project manager for numerous large projects years He is presently a principal and Senior Architect with Freese and Nichols, Representative Projects Include Water Treatment Plants • City of Longview - Chlorine Building • City of Arlington - Chlonne/Ammonia Building • City of Fort Worth - Holly Treatment Plant in Fort Worth, Texas • City of Arlington - Pierce -Burch Treatment Plant in Arlington, Texas • City of Abilene - Grimes Treatment Plant in Abilene, Texas • City of Grapevine - Grapevine Water Treatment Plant • City of Fort Worth - Chemical Building and Renovations at Rolling Hills Treatment Plant in Fort Worth, Texas • City of Kilgore - Water Treatment Plant • City of Sulphur Springs - Administrative Building and Laboratory at the water treatment plant • City of Sequin - Water treatment plant improvements • City of Waxahachie - Water treatment plant improvements • City of Beaumont - Laboratory, Administrative Office Building and pump station • City of San Marcos - Renovations to the existing water treatment plant • City of Odessa - Improvements to water treatment plant • City of Ponder - Water Treatment Plant improvements • City of Denton - Peach Street Water Treatment Plant Administration Building in Denton, Texas • City of Nacogdoches - Addition to water treatment plant • City of Fort Worth - Rolling Hills Water Treatment Plant • City of Daingerfield - Water Treatment Plant Administration Building and Filter Building • City of Bridgeport - Water Treatment Plant Administration Building and Filter Building • Northeast Texas Municipal Water District - Water Treatment Plant • City of Keene - Water treatment plant improvements • City of Brownwood - Administration Building and Laboratory at water treatment plant • City of Arlington - Ozone Generation Building Pump Stations • Tarrant County Water District - Raw Water Pump Station at Cedar Creek in Athens, Texas • Richland Creek Pump Station at Richland Chambers Lake • O.H. Ivie Water System - Six pump stations in West Texas from Big Springs to San Angelo • U S. Corps of Engineers - Boggy Creek Storm Water Pump Station • Tarrant Co. Water District - Raw Water Booster Pump Station in Waxahachie, Texas • North Texas Water District - Lake Texoma Raw Water Pump Station in Lake Texoma, Texas • Colorado River Authority - Pump Station, Lubbock, Texas • Benbrook Lake Pump Station • Los Colinas, Texas - Flood Control Pump Station • Lake Lavon Pump Station • City of Fort Worth - Two pump stations at Waxahachie, Texas • U.S. Corps of Engineers - Benbrook Lake Pump Station • U.S. Corps of Engineers - Lake Texoma Pump Station Wastewater Treatment Plants • City of Denton - Pecan Creek Wastewater Treatment Plant Belt Press and Plant Improvements • City of Denton - Pecan Creek Wastewater Treatment Plant Administration Building and Laboratory • City of Fort Worth - Sludge Handling Building at Village Creek Wastewater Treatment Plant • City of Fort Worth - Chlorine Building at Village Creek Wastewater Treatment Plant • City of Fort Worth - Dechlormation Building at Village Creek Waste Treatment Plant • Trinity River Authority - Central Regional Treatment Plant Dechlormation Building in Grand Prairie, Texas • City of Grapevine - Peach Street Wastewater Treatment Plant Administration Building and Belt Press • City of Fort Worth - Computer addition for the Village Creek Treatment Plant • City of Fort Worth - Village Creek Wastewater Treatment Plant Incinerator Building • City of Fort Worth - Village Creek Wastewater Treatment Plant Belt Press Buildings • City of Fort Worth - Village Creek Wastewater Treatment Plant Filter Gallery • Trinity River Authority - Central Regional Wastewater Treatment plant Pump Station 6A, 13A, Belt Press Building and Blower Building • City of Fort Worth - Modification to Centrifuge Building at Village Creek Wastewater Treatment Plant • City of Grapevine - Renovations and Belt Press Addition • City of Fort Worth - Security Gates and Fencing at Village Creek Wastewater Treatment Plant offices and Administration Facilities • Edna Gladney Maternity Home - Admmistrauve Office Building • Edna Gladney Maternity Home - Counseling Center, Fort Worth, Texas • City of Denton - Administration Building at Pecan Creek Wastewater Treatment Plant • City of Brownwood - Administration Building at Brownwood Water Treatment Plant • Mackenzie Water Improvement District - Administration Building in Tuha, Texas • Palo Duro River Authority - Administration Building in Spearman, Texas • Edna Gladney Maternity Home - Administrative Building in Fort Worth, Texas • City of Midlothian - Study and master plan for a public safety building to house administrative offices, police and fire departments • Trinity River Authority - Office Building and Storage Warehouse for Purchasing Department of the Central Wastewater Treatment Plant in Grand Prairie, Texas • Southwestern Petroleum Company - Admmistrahve Office Building Addition in Fort Worth, Texas • Harlston Gravel Development - Administration Building and Club House for New Housing Addition in Fort Worth, Texas • North Texas Municipal Water District - Headquarters Building in Fort Worth, Texas • City of Gainesville - Main Library in Gainesville, Texas • Sabine River Authority - Lake Fork Administration Building Addition • Texas Midland Telephone - Headquarters in Grandview, Texas • Texas Midland Telephone - Renovations to Office Building Laboratories • City of Beaumont - Laboratory and Equipment Testing Building • City of Arlington - New Laboratory and Administration Building at Pierce -Burch Water Treatment Plant • City of Daingerfield - Testing Laboratory for Daingerfield Water Treatment Plant • Water Quality Laboratory at various water treatment plants Sulphur Springs, Silverton, San Marcos, Brownwood, Bridgeport and Palo Duro • Texas Refining Corp. - Quality Control Laboratory for Roof Manufacturing Plant in Fort Worth, Texas • City of Denton - City Laboratory at Pecan Creek Wastewater Treatment Plant • City of San Antonio - Design for Testing Laboratory for Applewhite Water Treatment Plant • Trinity River Authority - Laboratory Expansion for Central Regional Wastewater Treatment Plant • Trinity River Authority - Renovation of existing laboratory at Central Regional Wastewater Treatment Plant • City of Arlington - Addition and renovators to existing laboratory at Pierce Burch Water Treatment Plant • City of Brownwood - Laboratory at Water Treatment Plant 0 Lake Bridgeport - Laboratory at Water Treatment Plant Special Expertise: Architectural Coordination Master Planning and Space Studies Life Safety and Building Codes Handicapped Accessibility Hardware interior Design and Color Coordination Presentations and publications - ,,Specifier,, Masonry Study, Construction Specifications Institute, 1985 "Specifier" Specification Certification, Construction Specifications Institute, 1986 ADA Compliance at the Plant Site, WEAT Convention, 1993 Honors and Awards: Mayor's Special Committee for Building Regulations, Chairman Outstanding New Member, CSI Outstanding Professional Member, CSI City Beautification Award - Grimes Treatment Plant, Abilene, Texas Professional Organizations: Texas Society of Architects (TSA) American Institute of Architects (AIA), Member Construction Specifications Institute (CSI) National Council of Architectural Registration Board (NCARB) AIA Fort Worth Community Activities. Overton United Methodist Church, Board of Stewards YMCA, Member Bow J. Lin, P.E. Structural Engineer Years Experience' Education: Professional Training* Registration: With This Firm 10 With Other Firms 4 B S , Civil Engineering, Tamkang University, Taiwan, 1979 M S , Civil Engineering, University of Texas at Arlington, 1987 Prestressed Concrete Bridge Design Seminar, TxDOT, PCMA, PCI, October 1999 Professional Engineer, Texas #73524, 1992 Professional Experience: 1990 - Present: Freese and Nichols, Inc , Fort Worth, Texas, Structural Engineer 1988 -1990: Symons Corporation, District Engineer 1981-1983: Three Men Architects & Associates, Taipei, Taiwan, Structural Engineer Mr Lin is a structural engineer with Freese and Nichols His experience with Freese and Nichols includes design of various structures for water treatment plants, wastewater treatment plants, water transmission structures, and drainage and flood control structures His experience also includes structural design for new buildings and facilities and renovation of existing buildings and facilities His experience with other firms includes forming and shoring design for concrete structure construction and structural design for multi -story reinforced concrete buildings Representative projects include - Wastewater Treatment • arious structures for the Keene Wastewater City of Keene - Design of v Treatment Plant • of various structures for the Stephenville City of Stephenville - Design Wastewater Treatment Plant Expansion • City of Mineral Wells - Design of various structures for the Pollard Creek Wastewater Treatment Plant Expansion • City of Cleburne - Design of various structures for the Cleburne Wastewater Treatment Plant Improvements City of Cleburne - Design of various structures for the Reclaimed Water Treatment Facilities Water Treatment • City of Denton - Structural design of sedimentation and flocculation basins for the Lake Ray Roberts Water Treatment Plant • San Antonio Water Board - Structural design of various structures for the Applewhite Water Treatment Plant • City of Fort Worth - Structural design of variousstructures for the Village Creek Wastewater Treatment Plant Phase II C expansion • City of Arlington - Structural design of various structures for the Southwest and Pierce -Burch Waste Treatment Plants Improvement • City of Longview - Structural design of various structures for the Cherokee and Sabine Water Treatment Plant improvements • City of Fort Worth - Structural design of various structures for the Rolling Hills Water Treatment Plant improvements • Canadian River Municipal Water Authority - Structural design of two pump stations Water Transmission • ater District -Structural design of five Colorado River Municipal W pump stations located at different cities in West Texas locations for O H Ivie Pump Stations project • North Texas Municipal District - Structural design of Raw Water Pump Station No 3 at Lake Lavon, Texas • Tarrant County Water Control and Improvement District #1 - Structural design of outlet structure at Benbrook Lake on Benbrook Connection project • City of Liberty - Structural design of pump station on flood protection levee project • City of Cleburne - Structural design of Aquilla Pump Station Drainage and Flood Control Projects • City of Carrollton, Texas - Structural design of channel retaining walls for Country Place channel improvements Phase II, design included rock gravity retaining walls, concrete with rock veneer retaining walls and dams in the channel • Birmingham International Airport, Alabama -Structural design of pump station, junction boxes, retaining walls and extension of existing box culvert for flood water control • City of Arlington, Texas - Design of retaining halls with and without drilled shafts for Greenway/Cloverdale Channel improvements New Buildings and Facilities Structural • Federal Aviation Association - Design of DFW TRACON Expansion "FREESE- ESU building foundation at D/FW International Airport, Texas Federal Aviation Association - Design of foundations for ARSR#4 Tower and facility building at Rock Spring, Texas • Federal Aviation Association - Design of foundations for ARSR#4 Tower and facility building at King Mountain, Texas • D/FW International Airport Board - Design of electrical vault building at D/FW International Airport Existing Buildings and Facilities Structural Rehabilitation • Trinity River Authority - Structural rehabilitation for equalization basins no 1-4 at Central Regional Wastewater Treatment Plant • City of Grapevine - Structural rehabilitation of various buildings for Colleyville Middle School additions • City of Killeen - Structural repair of waste transfer station Dam and Spillway Projects • City of Corpus Christi - Wesley Seal Dam Stabilization, work included the spillway structural analysis and strengthening of the spillway based on the analysis The analysis was performed by analyzing a finite element model created by the STAAD III computer program The spillway was modeled being supported by springs with various spring constants to simulate the existing soil condition • City of Arlington, Texas - Structural design of retaining walls on Lake Arlington Dam for PMF control • City of Fort Worth - Lake Worth Dam wall for PMF control, work included the existing dam stability analysis and new parapet walls design City of Watauga - Structural design of spillway at Cap Smith Park Miscellaneous • CTI Engineering Co , Ltd. (Japan) - Analysis and design for temporary sheathing systems for excavation under various soil conditions The systems included cantilevered HP piles, HP piles with struts, and sheet piles with anchor ties Forming and shoring design for concrete structure construction for• • Johnson City Wastewater Treatment Plant for C & L Construction • Red Oak Creek Wastewater Treatment Plant for Martin K Eby Construction Co • Village Creek Wastewater Treatment Plant in Fort Worth for Martin K Eby Construction Co • Bells Wastewater Treatment Plant for Cole & Smithen Construction • Longview Wastewater Treatment Plant for Bar Construction • Wilson Creek Wastewater Treatment Plant for Cajun Construction • Northeast Mississippi Water Treatment Plant for Gartex Construction • Pittsburg Water Treatment Plant for Heritage Construction Action Water Treatment Plant for C & L Construction • Midland Water Treatment Plant for Martin K Eby Construction FREESE-r.ucwois • Grapevine Water Treatment Plant for H B Zachry Construction • Highland Park Water Treatment Plant for Bar Construction • Ridge View Pump Station for Red River Construction • Cedarcrest Pump Station for Cajun Construction • Cooper Lake Pump Station for Bar Construction • Lake Granbury Pump Station for Martin K Eby Construction • Lake Texoma Pump Station for Purcell & Sons Construction • American Airlines Maintenance Hangar at Alliance Airport, Fort Worth, for H C B Construction • Turbine Generator Building for AES Power Plant at Panama, OK ,for H B Zachry Construction • Missile Magazines Storage in Mississippi for C Construction • Interstate highway 49 bridges at Shreveport, Oklahoma for construction of the bridge piers, pier caps, and abutments for the Shappert Engineering Co and Netherton Company • State highway 820 overpass at highway I-30 at Shreveport, Oklahoma for construction of the bridge decks, piers, pier caps, and abutments for the Netherton Company • I-30 at Fort Worth, Texas for Loop 820 overpass at highway construction of the bridge piers and pier caps for the H B Zachary Construction • State highway 190 bridge at Garland, Texas for construction of the bridge piers, and pier caps for the H B Zachary Construction Multi -Story Buildmgs • Structural design for two-story reinforced concrete Crown Office Building at Taipei, Taiwan • Structural design for four-story reinforced concrete Peiton Apartment Building at Peiton, Taiwan • Structural design for seven -story reinforced concrete North F-Shin Road Apartment Building in Taipei, Taiwan • Structural design for one-story reinforced concrete Crown office building in Taipei, Taiwan David Anthony (Tony) Bosecker, P.E. Solid Waste Engineer Years Experience: With This Firm 10 With Other Firms 2 Education: B S , Civil Engineering, University of Illinois, 1988 B S , Geology, University of Illinois, 1986 Professional Training: Static and Seismic Slope Stability for Waste Containment Facilities, Continuing Education Seminar, University of Wisconsin -Madison, November 1996 Landfill Design Series, "Cell and Liner System Detailed Design," Continuing Education Seminar, Orlando, Florida, March 1994 OSHA Certification, Hazardous Waste Operations and Emergency Response Training, July 1992 Clay Liners and Covers for Waste Disposal Facilities, Continuing Education Seminar, The University of Texas at Austin, February 1992 "Designing with Geosynthencs" seminar, Atlanta, Georgia, November 1992 Registration: Professional Engineer, Texas #80158, 1995 Professional Experience: 1990 - Present: Freese and Nichols, Inc, Fort Worth, Texas, Project Manager and Geotechmcal Engineer 1989 -1990: Professional Service Industries, Inc , Plano, Texas, Division Manager 1989: Professional Service Industries, Inc , Shreveport, Louisiana, Staff Engineer Mr Bosecker is aproject manager and geotechnical engineer for a number of civil engineering projects including waste management, site development, and stormwater drainage improvements Waste management activities include site compatibility studies, preparation of permit applications, preparation of plans and specifications, construction phase services, and closure plans His duties also include planning and coordinating geotechnical investigations and performing geotechnical analysis for solid waste management projects Representative projects Include, Landfill Planning, Permitting and Design • City of Cleburne - Project manager or Project engineer for a variety of projects for the City's municipal solid waste landfill Projects and duties included Solid Waste Management Plans (1992 and 1996) Prepared plans that reviewed the City's solid waste options and prepared updated cost analysis for each option Landfill Site Selection Study (1997-1998) Prepared study to locate a new solid waste facility including evaluation of multiple sites and working with a citizen's advisory committee to determine the most optimum site Class I Landfill Modifications G994 - 1995) Prepared permit modification documents for existing facility to comply with Subtitle D regulations Prepared permit modification to existing site operations to allow use of an alternate daily cover Landfill Design (1994 -Present) Prepared construction plans and specifications for two clay -lined cells which included design of liner and leachate collection systems Prepared soil liner evaluation report (SLER) for two Subtitle D cells Prepared construction plans and specifications for partial closure of existing landfill cell Prepared construction plans and specifications for drainage channel and stormwater pond improvements • City of Snyder - Project engineer for permitting and construction at the City's municipal solid waste landfill Projects and duties included Permit Amendment Documents (1997 -1998) Prepared major permit amendment documents for expansion of the City's landfill Landfill Design 0997 and 2000) Prepared construction plans and specifications for a five -acre and an 11- acre landfill cell Designed composite synthetic liner system, leachate collection system and final cover system Liner and final cover system included liner slope stability design Prepared geosynthetic clay liner evaluation report (GCLER) for landfill cells • Blue Flats Disposal, Inc - Project manager for design of 140-acre municipal solid waste facility in Palo Pinto County, Texas Projects and duties included Site CoMatibility Study (1992) Prepared feasibility study for project area to determine compatibility for use as a municipal solid waste landfill site Permit Documents (1995 - Present) Prepared permit documents for greenfteld site that was declared Boo , technically complete in 1997 Designed composite synthetic liner system, leachate collection system and FREESE-Nic al final cover system Liner and final cover system included liner slope stability design Providing public hearing support as Engineer of Record • City of Fort Worth Project engineer for expansion of the Southeast Sanitary Landfill Projects and duties included Class I anditll Modification (1993-1994) Prepared permit modification documents for existing facility to comply with Subtitle D regulations Designed composite liner system and leachate collection system • City of Odessa - Project manager for expansion of the Johnson Ranch II Landfill Projects and duties included Class,I Landfill Modification and Amendment (1993-19951 Prepared permit modification documents for existing facility to comply with Subtitle D regulations Designed composite liner system and leachate collection system Prepared permit amendment documents for expansion of existing facilitydfi11 Gas Assessment (1995) Developed soil gas survey to determine the extent of migration of landfill gas beyond the permitted boundary of the landfill • SORD Sanitary Landfill, Ardmore, Oklahoma - Project manager for upgrade of existing 120-acre landfill Project and duties included Landfill Modification (1994 - 1995) Prepared permit modification documents for existing facility to comply with Subtitle D regulations T 9ndfill Desten (1994 - 1995) Prepared construction plans and specifications for future landfill cell development. Developed liner installation and testing plan and designed leachate collection system • Ellis -Scott Landfill, Clinton, Missouri -Project engineer for upgrade of existing 120-acre landfill Project and duties included Landfill Modification (I 93 - 1994) Prepared permit modification documents for existing facility to comply with Subtitle D regulations T •ndfill Desten (1993 19941 Prepared construction plans and specifications for future landfill cell development. Designed composite synthetic Inver system, leachate collection system and final cover system Liner and final cover system included liner slope stability design • City Public Service of San Antonio - Project engineer for design of a Class I Industrial waste disposal facility Project and duties included ' Landfill Design ( 2_21 Prepared construction plans and specifications for waste disposal facility Designed double geomembrane liner system, leachate collection system . riic of s and leak detection system Landfill Capping and Final Cover Design • Trinity River Authority, Grand Prairie - Project engineer for design of a 32-acre clay cap over a sludge monofill Project and duties include Landfill Evaluation (199-U Prepared report on landfill evaluation which included addressing slope stability concerns, drainage, odors and other regulatory issues Landfill W Design (1998-1999) Prepared construction plans and specifications for capping 32 acres over a sludge monofill Designed cap, cap drainage and gas vent systems • Private Industrial Client, Fort Worth - Project engineer for design of a four -acre hazardous waste containment cap Landfill CoMesiVII9961 Prepared construction plans and specifications for capping a four -acre area with lead contaminated soils Designed composite -lined cap and drainage layer • Hickam AFB, Hawaii - Project engineer for design of cap and gas vent system over contaminated soils (over Design (1992n Prepared construction plans and specifications for composite liner system and gas venting system beneath Temporary Lodging Facility buildings to provide protection from contaminated soils Designed composite -lined cap and gas vent system • Private Industrial Firm, East Texas - Project engineer for slope improvements to a hazardous waste landfill Landfill Can Design (19921 Prepared construction plans and specifications for capping the slopes of a hazardous landfill Designed soil cap and drainage system Transfer Station Design • City of Cleburne (1999-2000) - Project engineer for design of a Type V Solid Waste Transfer Station Building Duties include preparation of registration documents and construction plans and specifications • Allied Waste Industries (1999-2000) - Project engineer for improvements to existing Type V Solid Waste Transfer Station Building Duties include preparation of permit documents and construction plans and specifications • City of Borger (1994) - Project engineer for the design of a Type V Solid Waste Facility (transfer station) Duties included preparing construction plans and specifications for the transfer station that also has recycling capabilities • North Texas Municipal Water District (1991) -Design engineer for NICHOLS Lookout Drive Transfer Station Duties included preparing construction plans and specifications Pond Containment Design • Municipal Golf, Inc (1995) - Project engineer for design of geomembrane liner system for secondary effluent pond at a municipal golf course in North Texas • DFW Airport (1996) - Project engineer for design of a synthetic Inver and floating cover system for two glycol containment ponds • Private Commercial Firm, North Texas (1998) - Project engineer for design of stormwater improvements including containment pond design • Private Industrial Firm, North Texas (1992) - Design engineer for design of improvements to wastewater treatment lagoons Stormwater Pollution Prevention Plans (SWPP) Erosion Control Plans • Orval Hall Excavation Company - Prepared SWPP for activities associated with the construction of over three miles of Center Street and Mesquite Street improvements in Arlington, Texas The project area encompassed approximately 29 acres • ABCO Builders, Inc. - Prepared SWPP for activities associated with the construction of the Speedway Club and the Outlaw Dirt Track at Texas Motor Speedway in Fort Worth, Texas The project area encompassed approximately 13 acres • Seymour -Johnson Air Force Base, North Carolina, Robins Air Force Base, Georgia; Keesler Air Force Base, Mississippi - Prepared SWPP for activities associated with the construction of temporary lodging facilities for three air force bases Each project area consisted of approximately five acres The SWPPs were prepared for compliance with the EPA's National Pollutant Discharge Elimination System (NPDES) Program for construction activities The plans included specifying and locating soil erosion and sediment controls to prevent or minimize soil, sediments, or pollutants originating on site from flowing into surface water bodies during construction and identifying appropriate stormwater management controls A Notice of Intent (NOI) for coverage under the EPA's General Permit was submitted to the agency prior to beginning earth disturbing activities i Levee and Earthwork Design City of Fort Worth (1994) - Project engineer for design of raising levees �, at the main plant at the Village Creek Wastewater Treatment Plant including preparation of engineering report and construction plans and -ruc ors specifications • City of Fort Worth (1992) - Design engineer for design of improvements to the sludge drying bed levee at the Village Creek Wastewater Treatment Plant which included preparation of an engineering study of the erosion damage to the levee, drainage design and preparation of construction plans and specifications • City of Denver City (1991) -Design engineer for design of a wastewater treatment facility and lift stations including slope stability analysis, site investigation, preparation of geotechnical report and preparation of construction plans and specifications Site Development Design • Seymour -Johnson AFB, North Carolina; Robins AFB, Georgia, McChord AFB, Washington; Keesler AFB, Mississippi; Davis- Monthan AFB, Arizona (1997-1998) - Project engineer for design of temporary lodging facilities at five different grading and bases drainage, and included design of site utilities, p S preparation of construction plans • Lockheed Martin (1999) - Project engineer for design of a four-story building expansion Duties included design of site utilities, grading and drainage, and pavement design and preparation of construction plans and specifications • 999) - Project engineer for design of Trinity River Authority (1 modifications to solids dewatering building Duties included roadway design, truck scale design, grading and drainage, site utilities improvements, and preparation of construction plans and specifications Construction Services • City of Fort Worth (1990) - Performed resident engineering dunes including field testing and review of contractor's pay estimates for the improvements to the Southeast Sanitary Landfill Trinity River Authority (1990 -1991) - Performed resident engineering duties including field testing and review of contractor's pay estimates for a sludge monofill at the Central Regional Wastewater System plant • Professional Service Industries, Inc., Plano - Division manager responsible for supervision, coordination and traimng of construction quality control staff as well as engineering evaluation and reporting of construction materials testing Duties also included administration and market development Miscellaneous Professional Service Industries, Inc, Shreveport - Staff engineer responsible for coordination and supervision of field and laboratory testing, reporting of construction materials testing, geotechnical -N�c ors investigations including formulation of testing program and subsequent reporting of investigations, and assistant management activities • John Carroll, Inc., Hardin County, Illinois - Assistant geologist responsible for surveying, soil sampling, gamma ray spectrometer analysts, and geologic mapping Professional Societies: American Society of Civil Engineers North American Geosynthetics Society, Member, 1995-Present Presentations and Publications: "A Case Study of a Texas City's Innovative Approach to Using Multiple Solid Waste Management Facilities," TNRCC Solid Waste Options Conference, January 1995 Charles N. Easton, P.E. Project Manager/Geotechntcal Engineer Years Experience: Education, Registration' With This Firm 1 With Other Firms 34 M S , Soil Engineering, Iowa State University, 1968 B S , Civil Engineering, Iowa State University, 1966 Professional Engineer, Texas #83094, 1997 Professional Engineer, Nebraska #E3640, 1972 Professional Experience. 1999 - Present: Freese and Nichols, Inc, Fort Worth, Texas, Project Manager, Geotechnical Engineer 1970 -1999. Woodward -Clyde Consultants, Vice President 1968 -1970: U S Army Corps of Engineers, Alaska District, Soil Engineer 1966 -1968: Iowa State University, Graduate Research Assistant 1965 -1966: U S Army Corps of Engineers, Alaska District, Engineering Technician Mr Easton offers a broad range of geotechnical engineering experience He has managed geotechnical investigations and construction inspection for several hundred diverse projects including water and sewage treatment plants, water pumping stations and transmission lines, stormwater and wastewater gravity sewers, pumping stations, force mains, airfields, railroad grades and maintenance facilities, commercial and industrial buildings and complexes, shopping centers, multi -story hospitals and offices, parks, and storage structures He has investigated various distressed structures and slopes to determine the cause of distress and select remedial measures Mr Easton's experience also involves improving sites to allow the use of economical shallow foundations Treatments usually involve combinations of overexcavation, structural fill placement, compaction of soils in place, and precompression with surcharge fills He has supervised inspection of site preparation and foundation construction for numerous commercial and industrial projects Representative projects include: Wesley Seale Dam, Corpus Christi, Texas, Project Manager/Engineer - Two 50-foot high by 1000-foot long concrete gated spillway sections were sliding on their foundations Mr Easton planned and directed all Feld and laboratory investigations and made ra the stability analyses to recommend design criteria for ballast and soil anchors to stabilize the spillways • California Creek Conversion, Geotechnical Task Manager/Engineer - Design of a 25-foot high by 50-foot long channel dam, 80 MGD pumping station, and 2000 feet of 60-inch diameter pipeline • Wirtz Dam, Project Manager/Engineer - A 100-foot high hydroelectric structure founded on granite, where post -tensioned anchors were designed and installed to stabilize the concrete gravity sections and a soil -cement overlay was built to protect the embankment during overtopping • Longview Raw Water Reservoir, Project Manager/Engineer - Requiring a 60-foot high by 740-foot long embankment dam • Benbrook Connection, Benbrook, Texas, Project Manager/Engineer - Included a 200 MGD pump station built on piers in 75-foot deep water in Lake Benbrook, 40,000 feet of 90-inch diameter open trench pipeline, eight tunneled undercrossings, an outlet structure on Lake Benbrook, and two dechlormation facilities • Lamar Lake, Project Manager/Engineer - Rehabilitation of a 20-foot lugh by 540-foot long earth embankment constructed about 1920, damaged by wave erosion, undercutting of the spillway and complete overgrowth by mature trees • Cherokee Water Treatment Plant, Longview, Texas, Project Manager/Engineer - Filter and chemical facility additions • Lake O' The Pines Raw Water Intake Structure, Project Manager/Engineer - Requiring a 50-foot deep excavation extending into the lake • Hubbard Creek Dam, Project Manager/Engineer - Replacement of piezometers • Omaha Riverfront Redevelopment Project, Nebraska, Project Manager for Geotechnical Services - Demolition, grading, and infrastructure construction for a 135-acre commercial development, a 35-acre park with a 15-acre lake, and construction of an 8-building corporate campus • Platte West Water Treatment Facility Transmission Lines, Nebraska, Project Manager for Geotechnical Investigations - included a new well field, collector piping system, 74,000' of 60" and 72" diameter transmission line, as well as alternate siting studies for a new water treatment plant • Willow Creek Dam, Pierce, Nebraska, Project Engineer for Geotechnical Services - This dam required a 50-foot high, one-half mile long embankment across overconsolidated clays, sands, and compressible organic clays, all underlain by an artesian regional aquifer • U.S. Army Corps of Engineers, Alaska District - Mr Easton planned ISO , and conducted field investigations for structures and harbors, designed rock and timber dikes, inspected pipelines, and compiled information FREESE-Nic oi.S on design and performance of pile foundations in permafrost Presentations and Publications: "In -Place c4 Shear Test for Subaqueous Sediments," with Robert A Lohnes and R L Handy, Proceedings The International Symposium on the Engineering Properties of Sea -Floor Soils and Their Geophysical Identification 1091 "Construction and Evaluation of Sand Fills," with William L Durbin and Howard M McMaster, University of Kansas, 231 Annual Soil Mechanics and Foundation Engineering Conference, March, 1974 "Instrumentation of Embankment on Soft Clay," Proceedings Woodward - Clyde Consultants' Seminar on Case Histories, St Louis, Missouri, October, 1986 "Performance of Heavy Structures Founded Upon Loess at Varying Moisture Conditions," with Steven R Saye and Kenneth H Nass, Engineenne G o , 25 (1988) pp 325-339 Professional Societies: American Society of Civil Engineers B SCOPE OF SERVICES Owner City of Denton Water Utilities Project. Lake Ray Roberts 20 mgd Surface Water Treatment Plant Design and Construction Phase Scope of Services This scope of services includes the design and construction phase engineering services related to the improvements recommended in the following reports Lake Ray Roberts Water Treatment Plant — Final Preliminary Design Report, (April 1990) Modifications to Lake Ray Roberts Water Treatment Plant — Preliminary Design Report, (February 2000) The LRRWTP Project is to be designed in accordance with the original April 1990 Preliminary Design Report with the approved modifications from the February 2000 PDR Modifications The design of the proposed LRRWTP Project includes a 20-mgd Raw Water Pump Station and Pipeline from Lake Ray Roberts, a 20-mgd Ozone Water Treatment Plant, and a 60-mgd Storage and High Service Pump Station The major modifications to the plant design from the April 1990 PDR are An increase to the plant capacity from 10 to 20 mgd, A change from conventional coagulation treatment and chlorine disinfection to Pre- ozonation with conventional coagulation and Ozone disinfection; and Relocation of the treated water storage and high service pumping from the Hardee Field Road site to the LRRWTP site The specific elements of the proposed 20 mgd Lake Ray Roberts Ozone Water Treatment Plant and High Service Pump Station include 1. Raw Water Pump Station and Pipeline 2 Pre -Ozone Contactor 3. Pump Diffusion Vault 4. Raw Water Splitter Box 5. Flocculation/Sedimentation Basin (Two Trains) 6 Intermediate Ozone Contactor 7 Ozone Generator Building 8. LOX Storage Facility 9 Self Backwash, GAC Filters with Air Scour and Filter to Waste (Two Trains) 10. Air Scour Blowers, Piping and Building 11. Filtered Water Transfer Pump Station 12 At Grade Ground Storage Tank (6 MG) 13. 60 mgd High Service Pump Station (Ultimate) 515100 B-1 14. Washwater Reclamation Basin 15 Sludge Lagoons 16. Liquid Chemical Feed Building 17. Liquid Chemical Storage Area 18 Chlorine and Ammonia Feed and Storage Building 19. Chlorine and Ammonia Scrubber System 20. Administration/Operations Building 21 Slurry Trench Wall for Containment of Groundwater 22. Basin Drain System 23 Back Up Power System 24. Offsite Drainage Improvements 25 Plant Electrical Power 26. Plant Instrumentation and Control System 27 Domestic Wastewater Septic System 28. Plant Landscaping The site layout drawing (Figure ES-1 in Section C, Narrative on Scope and Assumptions) illustrates the original facilities, the modified facilities, and the new facilities Table SN-1, in Section C, designates the design capacity and ongmal/modified/new status of the major elements of the LRRWTP, as well as the estimated cost The overall estimated opinion of probable construction cost for the current 20-mgd LRRWTP with ozone treatment/disinfection and the relocated Hartlee Field Road storage tank and High Service Pump Station is $34 — 36 million dollars The scope of services for the LRRWTP Project is divided into five tasks Task 1- Final Design Task 2 - Construction Phase Services Task 3 - Post Construction Services Task 4 - Special Services Task 5 — Additional Services The detailed scope of services for the LRRWTP Project is set forth below Task 1 - Final Design As part of basic services for final design, FNI will perform the following tasks 10 Project Administration Perform general administrative duties associated with the Project including progress monitoring, scheduling, general correspondence, office administration, and invoicing These duties include maintaining day-to-day contact and liaison with the Owner and project staff, ensuring the needs of the Owner are met in a timely manner, providing project communication, monitoring wBo� on the 5/5/00 project, and ensuring that the work is executed in accordance with the work plan, budget and schedule 1 1 Project Meetings and Workshops Participate in the following meetings and conduct workshops to review progress and facilitate the exchange of ideas and information a Conduct a project initiation meeting to clarify the Owner's requirements for the project, review available data, project organization, staffing, and establish lines of communication, present initial work plan and project schedule Deliverables 5 copies of meeting minutes b Participate in monthly progress meetings with the Owner to review progress and exchange ideas and information A total of six (6) meetings are anticipated with each meeting covering applicable issues of each task Deliverables 5 copies of meeting minutes Arrange and participate in a meeting with TNRCC and provide coordination activities throughout the project Deliverables 5 copies of meeting minutes 12 Design Review Workshops Conduct design phase workshops with Owner to review alternative design information on the following a Workshop No 1 Ozone Bench/Pilot-Scale Contactor and Generator Design Conduct a three-day workshop in Denton to cover the Design Memorandum for the ozone related improvements The first and second day will involve a presentation of ozone background and fundamentals, the draft technical information from the Design Memorandum and input from the Owner The third day will be a presentation of the final Design Memorandum Deliverables 5 copies of Draft and Final Design Memorandum b Workshop No 2 Chlonne/Ammonia Storage and Feed and Transfer Pump Station Design Conduct a two-day workshop in Denton to cover the Design Memoranda for the chlorine and ammoma storage and feed facilities and the transfer pump station The first day will involve a presentation of the draft technical information from the Design Memoranda and input from B-3 5/5/00 the Owner The second day will be a presentation of the final Design Memoranda Deliverables 5 copies ofDra,/t and Final Design Memoranda Workshop No 3 Equipment Manufacturer and Material of Construction Input Submit information describing the recommended equipment and processes for Owners review Conduct a one -day workshop in Denton to identify Owner's cntena on equipment, material of construction and design preferences Deliverables 5 copies of meeting minutes d & e Workshops No 4 & 5 — 50% and 90% Review of Preliminary Documents At the 50 and 90 percent completion points on the project submit preliminary documents for review by the Owner and participate in a workshop to receive Owner's input Deliverables 5 copies of review documents 5 copies of minutes from each workshop 13 Construction Contract Documents The elements involved in the preparation of the contract documents include a Prepare detailed drawings and specifications and other contract documents for the proposed construction work and for the materials and equipment required b The documents shall incorporate standard forms provided by Freese and Nichols, Inc and shall be prepared for selection of private construction contractors on a competitive bid basis c Prepare one (1) construction and procurement contract for the proposed LRRWTP Project d Review the contract documents for completeness, bidability, and constructability Provide five sets each of the contract documents to Owner for review at the 50 and 90 percent project completion point Following Owner's review of the final contract documents, meet to discuss the review comments and to resolve any questions After meeting with Owner make any necessary modifications and submit five copies of contract documents to the Owner, and the required number of sets to the Texas Natural Resources Conservation Commission (TNRCC) and the Texas Department of Licensing and Review (TDLR) B-4 5/5/00 h After receipt of the TNRCC and TDLR review comments, revise and resubmit contract documents, if necessary Deliverables 5 copies of each review packet S copies of final contract documents 14 Opinion of Probable Construction Cost Prepare opinion of probable construction cost appropriate for detail available at the 50 and 100 percent project completion points Deliverables S copies of each probable construction cost Task 2 - Construction Phase Services As part of basic services for the construction phase, FNI will perform the following 20 Project Administration Perfbim general admimstrative duties associated with the Project including progress monitoring, scheduling, general correspondence, office administration, and invoicing These duties include maintaining day-to-day contact and liaison with the Owner and project staff, ensuring the needs of the Owner are met in a timely manner, providing project communication, monitoring work on the project, and ensuring that the work is executed in accordance with the work plan, budget and schedule 21 Assistance with Contractor Selection Provide the following assistance in the bid phase to help generate interest of general contractors for the projects, make recommendations on qualified contractors, and assist the Owner in preparing construction contracts for execution for each project Advertise the project Provide a Notice to Bidders to the Owner for publication in legal notices for the project Help establish bid dates to avoid conflicts with similar projects bidding at or near the same time Send advertisements to potential bidders and suppliers Provide documents to local plan rooms to assist in advertisement of the project b Distribute Bidding Documents Maintain a list of Plan Holders Provide the list to prospective bidders Include the list of plan holders with any addenda distributed for the project 5/5/00 M c Information to Bidders Respond to questions related to the distribution of documents, construction contract provisions, and bidding requirements and technical questions regarding the project d Addenda Prepare, print and distribute addenda addressing additions, deletions, modifications or interpretations to the contract documents e Pre -bid Conference Conduct a pre -bid conference for the construction project, and prepare minutes and responses Responses to the pre -bid conference will be in the form of addenda issued after the conference Conduct a tour of the project site after the conference f Bid Opening and Evaluation Assist the Owner in receiving and recording bids at the formal bid opening Evaluate the information contained in the bid documents for conformance with requirements of the construction contract documents Prepare a bid tabulation Compare bid costs with estimated costs and available budget g Evaluate Contractor's Qualifications and Recommend Award Evaluate the qualifications information provided by the contractors as a part of the bid package Determine if the apparent low bidder appears to have the necessary experience and qualifications to successfully construct the project Recommend award of the contract consistent with the requirements of the construction contract documents h Prepare Contract Documents for Execution Assist the Owner in preparing construction contract documents for execution by the successful low bidder Prepare a Notice of Award for the Owner to issue to the contractor upon award of the contract by the Owner with instructions of execution of the contract documents Assist the Owner in reviewing executed documents and bonds for conformance with the requirements of construction contract documents Assist the Owner in reviewing certificates of insurance for compliance with construction contract documents Forward documents to the Owner with a recommendation for execution and distribution of documents 22 General Representation a Assist the Owner in conducting a pre -construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and review an estimate of monthly cash requirements for the Project, prepared by the Contractor b Make two (2) site visit each month (as distinguished from the continuous services of a Resident Project Representative) for twenty (20) months to attend progress 515100 B-6 meetings, observe the progress and the quality of work, and attempt to determine in general if the work is proceeding in accordance with the Contract Documents If Freese and Nichols is requested to visit the site more frequently than the specified number of visits each month, or the construction period runs longer than originally estimated, the additional requested visits shall be considered a Special Service and Freese and Nichols shall be entitled to additional compensation c In performing the services outlined above, Freese and Nichols will endeavor to protect the Owner against defects and deficiencies in the work of Contractors, Freese and Nichols will report any observed deficiencies to the Owner However, itis understood that Freese and Nichols does not guarantee the Contractor's performance, nor is Freese and Nichols, Inc responsible for supervision of the Contractor's operation and employees Freese and Nichols, Inc shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor Freese and Nichols, Inc shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project d Consult with and advise the Owner during construction, make recommendations regarding materials and workmanship, and prepare change orders with the Owners approval e Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and test equipment, and other data pursuant to the General Conditions of the Construction Contract f Interpret the intent of the plans and specifications for the Owner and the Contractor g Review and comment on monthly and final estimates for payment to Contractor, pursuant to the General Conditions of the Construction Contract h Conduct, in company with the Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the contract Documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor i Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in each Project made during construction Two (2) sets of prints of "Record Drawings" shall be provided by FNI to the Owner 23 Construction Material Testing Services 5/5/00 B-7 Coordinate the testing of materials during construction for quality control and record purposes Task 3 - Post Construction Services Post construction phase services which will be provided as a special service by FNI, if authorized by Owner, are described as follows 3 1 Operations and Maintenance Manual The Engineer will prepare a draft operation and maintenance manual for the LRRWTP Project Specific services to be performed by the Engineer will be to prepare the manual in the format that follows Prepare and submit to Owner for review a draft of the facility Operations and Maintenance manual, which will include a description of the facilities and recommendations for operation The following topics will be included Introduction Brief statement of manual purpose, description of unit processes and flow path, summary of permits and standards, which must be met, table of design criteria 2 Operations Considerations Discussion of operation theory, control variables, process control and process efficiency for the treatment facilities 3 Facilities Description Operation and Control of Facilities Discussion of the operation and purpose for each unit treatment process 4 Description and Operation of the Non -Process Facilities Discussion of non -process systems, including the Admitustration/Operations Building, the Maintenance area and the slurry trench dewatering system 5 Utilities Descriptions and operational considerations for site utilities, including potable water; basin dram system, domestic wastewater septic tank system, and other systems 6 glectncal System Detailed description of the electrical system from the main substation to the facility's individual motor control centers Maintenance Nameplate data for each major piece of equipment, list of the manufacturer's recommended spare parts, and schedule of equipment manufacturer's preventative maintenance activities 8 Appendices A glossary of treatment terms and abbreviations used pertinent to this facility 515100 B-8 Deliverables 5 copies of draft O&M Manual 5 copies offinal O&M Manual Engineer will produce and deliver the final O&M Manual for the LRRWTP Project in electronic format The O&M Manual will include all of the elements described in paragraph 3 1 a The electronic O&M Manual will feature text, photographs, CAD drawings, and an image library Operating in a Microsoft Windows NT environment, the system will provide access to all O&M Manual data This specifically includes computerization of O&M Manual text, approximately 300 CAD drawings, 50 process schematics, 200 related photographs, and creation of an image database with up to 2,000 letter -sized image pages The information will be produced electronically to create a multimedia document complete with hyperlinks, photographs, and CAD and scanned image viewing capability Concurrent with the production of the O&M Manual in electronic format, initial and final draft/demonstrations will be delivered to the Owner for review and comment Along with delivery of the final draft O&M Manual, two (2) days of training will be provided to familiarize plant staff in use and maintenance of the electronic O&M Manual No hardware will be supplied as part of the Project Minimum computer operating requirements for the software to be supplied are Manufacturer CPU Hard Drive RAM/VideoRAM Graphics Monitor Optical Disk Software Sound and Video Cards (optional) Pentium III 500 mhz or better 8 4 gigabyte 128 megabytes (RAM)/16 megabytes (video) 32 bit 21-inch Super VGA 16X CDROM (SCSI Compatible) Microsoft Windows NT or 2000 Soundblaster 16 0 (or equal) Included with the electronic O&M Manual will be the software necessary to view and maintain the manual (FN will provide all of the software necessary to use the electronic O&M manual) 32 Startup and Personnel Training a Consult with Owner on training needs for pre -startup operation and prepare a schedule Coordinate and arrange with the major equipment providers for the training It is anticipated that pre -startup training will be conducted over four (4) one 5/5/00 B-9 -week periods involving a total of 64 hours of classroom work b Provide 40 hours of onsite operation consultation, including a total of 6 trips to the site to consult on starting and optimizing pumping, chemical, treatment and other process controls Assist in establishing operating procedures for individual unit processes and for overall operation of the LRRWTP Provide 40 hours of office consulting concerning the modification of items relating to the operations Advise Owner regarding modification of operations 33 Warranty Assistance Provide 104 hours of office and on -site consulting, including travel, concerning the follow- up of contractor and equipment warranty items during the construction warranty period One month prior to the end of the construction warranty period, conduct a site visit and document all warranty items and assist in the coordination of the repairs/replacement of the defective work 34 CT Testing for Plant Conduct tracer testing based on TNRCC guidelines, to determine effective contact times in the plant A report will be prepared by Freese and Nichols, Inc and submitted to the City and TNRCC summarizing the results Deliverables 5 copies of testing results summary and report 35 Risk Management Program Develop Risk Management Program, Prevention Program 2 for the City covering the LRRWTP site The Rusk Management Plan will be prepared on electronic diskette and submitted to EPA Deliverables 5 copies of RMP, and one electronic copy of RMPlan Task 4 - Special Services SPECIAL SERVICES• Special Services to be performed by FNI which are not included in the above described basic services, are described as follows A Conduct up to five days of site visits with representatives of Owner to observe 5/5/00 B-10 C Geotechnical engineering per letter proposal to P S Arora, P E dated February 29, 2000 D Assist in pre-qualif} mg the SCADA system integrator E Preparation of a separate set of contract and procurement documents for pre -purchase of equipment F Perform technical evaluation and constructability review of the 54-inch diameter finished water pipeline being designed by Owner, per the description in Attachment SS -II G Provide assistance with the required COE 404 permitting required on the pipelines being designed by the Owner, per the description in Attachment SS -III H Provide surge analysis for the 54-inch pipeline being designed by the Owner per the description in Attachment SS -II Modify the contract documents to allow Owner to delay construction of the Ozone Facilities and the Back up Power Generator Facilities Prepare and provide 8 sets of the conformed documents to the Owner for use by the Owner and the Contractor K Prepare and provide 10 sets of the bidding documents to the Owner for use by the Owner and distribution to plan holding agencies Task 5 — Additional Services ADDITIONAL SERVICES Additional Services to be performed by FNI, if authonzed 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 Making property, boundary and nght-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records C Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner 515100 B-11 D Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications E Providing shop, mill field or laboratory inspection of materials and equipment F Preparing data and report 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 claims disputes with Contractor(s), after final construction is complete H* Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications 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 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, other than as provided for in Special Services Item G-COE Permitting Assistance K For modifications to the Contract Documents requested by the Owner, prepare technical specifications and drawings, estimate the time and value impact of the modifications, assist in negotiation of the change order for the modification and make recommendations to the Owner L Additional services that are required to comply with local, State of Federal regulations that become effective after the date of this agreement M* Observing factory tests of equipment at any site remote to the project or observing additional test reports as a result of the equipment failing the initial test N* Additional services required as a result of the failures of the Contractor(s) to complete the work for any reasons within the contract time O* Reviewing Contractors submittals beyond the second re -submittal of each item P Provide an additional two (2) months of General Representation 5/5/00 B-12 R Assist in advertising, bid opening and award of equipment pre -purchase contract S Provide quality control inspection and testing of materials used in construction of the work *FNI Construction Contract Documents require that the Contractor compensate the Owner for these items, if they are required 5/5/00 B-13 A C E N T U R Y O F S E R V I C E February 29, 2000 P S Arora, P E City of Denton, Texas 901-A Texas Street Denton, TX 76201 Irmill FREESE•NICHOLS RE Recommended Geotechnical Investigation at Lake Ray Roberts WTP Site Preliminary Design Report Lake Ray Roberts WTP Design Modification DTN99479/2 10 Dear Mr Arora The required modifications to the initial design of the Lake Ray Roberts WTP have been identified with a reasonable degree of certainty Several of the modifications will require additional geotechnical information to support the final design of the facilities It is recommended that the City of Denton begin the steps to obtain this information We recommend that the scope of work include all of the areas identified below The status on those noted as pending will most likely be decided by the time the field work would need to start, and could be authorized, or not, depending on the outcome of the decision on those elements The areas requiring additional information include 1 Raw Water Pump Station and line 2 Pre Ozone Contactor (pending decision on ozone) 3 Gravity Filters (pending decision on ozone) 4 Above Grade Finished Water Storage Tank (pending decision on HFR PS) 5 High Service Pump Station (pending decision on HFR PS) 6 Slurry Trench Wall The only item required for the Raw Water Pump Station is the installation of a piezometer for determining the current ground water level at that site of the pump station and at two points along the route of the raw water line The specific requirements are attached The current recommendation for ozone facilities at the site is to provide for both pre and intermediate ozonation The location of the pre ozone contactor is the same as originally recommended The intermediate ozone contactor is an additional unit to the onginal design and would be located where the filters were previously sited The geotechnical information that was prepared previously for the gravity filters will be adequate for the design of the intermediate contactor However, the new location for the filters will require additional information The specific requirements are attached Freese and Nichols Inc Engineers Environmental Scientists Architects 4055 International Plaza 73573Suite 00 200 Fax 8o t 35 7 Texas 76109-4895 Mr P S Arora P E City of Denton February 29, 2000 Page 2 of 2 The area identified for siting the high service pump station and at -grade clearwells was not included in the original geotechnical report The specific requirements for the geotechnical information for this unit are attached Several structures at the site will need to be isolated from the groundwater This includes the filters, backwash reclamation balm, basin dram and dewatenng pump facility and possibly the clearwells They are to be isolated via a slurry trench cutoff wall surrounding the structures The specifics of the additional geotechnical information required for final design of the slurry trench wall are attached We estimate that the fieldwork and professional services involved will cost in the range of $85,000 to $89,000 and should take about 60 days to complete The original geotechnical investigation was performed by PSI, Inc It would be appropriate to contact them However, if the City has a different preference, that would be acceptable Additionally, Freese and Nichols, Inc has recently added professional staff with the expertise to perform the work that has been identified If your preference is that Freese and Nichols perform the work, we would be glad to submit a proposal If you have any questions, please contact me Sincerely, Freese d Nichols, c / ih^ 77' '1"'i R mond R Longoria, D E E Principal Attachments [DTN99479]T \LSrAdd,donal awTech ACHRewsed DOC ATTACHMENT SS —I OZONE TREATABILITY STUDY FOR LRRWTP, CITY OF DENTON Provide pilot scale ozone treatabiltty testing on the Lake Ray Roberts Raw water to determine the sizing and design parameters to be used in the design of the ozone disinfection facilities Freese and Nichols will perform the following tasks 1) Design and set up trailer mounted ozone testing equipment 2) Design experimental program for two, two-day tests during summer conditions 3) Conduct first day ozone test to determine ozone demand and decay in summer conditions 4) Conduct second day test to develop bromate formation data 5) Repeat testing approximately one week after the first series of tests for confirmation of results 6) Analyze data and provide input on ozone generator and contactor sizing 7) Prepare a Technical Memorandum summarizing the results Deliverables S copies of final Technical Memorandum 5/5/00 B-14 ATTACHMENT SS — II The scope for the surge model will include: 1) Provide a subconsultant to prepare a model of the HSPS and 54" pipeline to model up to 3 transient events (Complete Power Failure, Loss of one pump, closure of the control valve(s) at the end of the 54" pipeline) 2) Provide information to the sub -consultant needed for the model 3) Incorporate results of the model in the final design of the HSPS, and make recommendations to DWU on the selection of air valves for the 54" pipeline The scope for the "Review of the 54-inch Pipeline designed by DWU" will include the following. 1) Review plans, reports, maps, specifications, etc, provided by DWU at the preliminary design stage to offer suggestions on the following areas • Pipe material alternatives • Bedding and backfill requirements • Creek crossings and other conflicts • Thrust restraint • General corrosion recommendations • General contract provisions • Appurtenances • Tunnel crossings • Route selection • Cost saving measures • General Review of the cost estimate 2) Prepare a memorandum with recommendations of the preliminary design review, and meet with DWU to discuss the results of the review 3) Provide a constructability review of the 90% plans and specs The constructability review will include the items described above, and will focus on conflicts in the plans and specs, errors, and omissions The review will also include recommendations to improve the quality and/or decrease the cost of the pipeline A set of red -line plans and specs will be provided to DWU for the constructability review 515100 B-15 ATTACHMENT SS — III Section 404 Permit Application And Environmental Review This scope involves effort for preparing an application for a Section 404 permit for the proposed intake structure, approximate 2,000-foot raw water pipeline line and the approximate 36,000-foot treated water pipeline In addition, an environmental review of the property proposed for the location of the water treatment plant will be conducted Tins scope currently assumes that the intake structure and pipelines can be permitted under either nationwide permit (NWP)12 or regional general permit (RGP) 2 The scope does not include preparation of environmental documentation (e g Environmental Information Document) required for an SRF loan or EDA grant application It is our understanding that the city of Denton is preparing the design for the pipelines The Citywill be responsible for providing the necessary engineering drawings for submittmg the application for the 404 permit Scope of Services Task 1. Field visit. We will conduct field investigations to gather information on creek crossings, potential wetlands, potential for the presence of endangered/threatened species, habitat, etc to prepare the environmental documentation associated with the preparation of the 404 permit application Task 2 Consult with regulatory agencies. We will prepare letters to obtain information in support of the environmental documentation for submittal to up to four resource agencies Typically, these include the U S Fish and Wildlife Service, U S Environmental Protection Agency, Texas Parks and Wildlife Department, and the Texas Historical Commission In addition, we will address questions of the resource agencies by telephone Task 3. Coordinate w/ Archeological Survey Firm We will coordinate with an archeological services firm to conduct an archeological survey of the intake structure, water treatment plant site and the pipelines The cost estimate includes an estimated fee for the services of an archeologist However, a proposal should be obtained from an archeologist to verify the estimate 515100 B-16 Task 4. Prepare 404 Pre -construction notification We will prepare a pre -construction notification for submittal to the Corps for authorization under the Corps' nationwide permit program to construct the intake structure and raw water and treated water pipelines This scope is based on the assumption that the project is eligible for coverage under NWP12 or RGP 2 Preparation of an application for an individual permit will be considered an additional service and can be provided upon request Deliverables: A draft of the nationwide/regional general perrmt application will be presented to the city of Denton for review and comment prior to submittal to the Corps Upon receipt of comments, we will finalize the document and submit it to the Corps 515100 B-17 C. NARRATIVE ON SCOPE AND ASSUMPTIONS Owner: City of Denton Water Utilities Project: Scope Narrative Lake Ray Roberts Surface Water Treatment Plant Design and Construction Phase Scope of Services The following narrative provides background for the tasks and scope associated with the major elements of the LRRWTP Project The design capacity, status w/r being a new/modified/onginal unit, and estimate of probable construction cost are summarized in Table SN-1 The site layout drawing, Figure ES-1, illustrates the original facilities, the modified facilities, and the new facilities 1. Raw Water Pump Station and Pipeline. The Raw Water PS will be modified to provide a firm capacity of 20 mgd Only minor modifications are proposed from the APR91 PDR, unless groundwater is found to impact the pump station 2. Pre -Ozone Contactor. New design and structure Bench -scale and pilot -scale tests are proposed to confirm the design ozone dose, determine bromate formation potential, and generate data for ozone optimization study Design Criteria Memorandum will be prepared Ozone design optimization workshops are to be conducted by Kerwin Rakness See PAI scope and proposal 3. Pump Diffusion Vault. Only minor modifications are proposed 4. Raw Water Splitter Box. New design and structure per FEB00 PDR 5. Flocculation/Sedimentation Basin (Two Trains). Original APR91 design to be used A second parallel train will be added 6. Intermediate Ozone Contactor. New design and structure See discussion for Pre -Ozone contactor above 7. Ozone Generator Building. New design and structure See discussion for Pre -Ozone contactor above 8 LOX Storage Tank. New design and structure See discussion for Pre -Ozone contactor above 9. Self Backwash, GAC Filters with Air Scour and Filter to Waste (Two Trains). Original APR91 concept and configuration to be used Significant modifications to filter bottoms, filtered effluent piping and access -way, media and launders 10. Air Scour Blowers, Piping and Building. New design and structure per FEB00 PDR Building to be pre -cast concrete panel building Design Criteria Memorandum will be prepared 11. Filtered Water Transfer Pump Station. New design and structure per FEB00 PDR 12. At Grade Ground Storage Tank (6 MG). New design and structure per FEB00 PDR 13. 60 mgd High Service Pump Station. New design and structure per FEB00 PDR 14. Washwater Reclamation Basin. Only minor modifications to APR91 PDR 515100 C-1 15. Sludge Lagoons. Only minor modifications to APR91 PDR 16. Liquid Chemical Feed Building. Significant reconfiguration of the building layout per FEB00 PDR Original documents not available in electronic format Structure modifications require structural revisions All drawings to be redrawn 17. Liquid Chemical Storage Area. Only minor modifications to APR91 PDR 18. Chlorine and Ammonia Feed and Storage Building. New design and structure per FEB00 PDR Design Criteria Memorandum will be prepared 19. Chlorine and Ammonia Scrubber System. New design and structure per FEB00 PDR Design Criteria Memorandum will be prepared 20. Administration/Operations Building. Significant reconfiguration of the building layout per FEB00 PDR Original documents not available in electronic format Structure modifications require structural revisions All drawings to be redrawn 21. Slurry Trench Wall for Containment of Groundwater. New design per FEB00 PDR 22. Basin Drain System. Only minor modifications to APR91 PDR 23. Back Up Power System. New design and structure per FEB00 PDR 24. Drainage Improvements. Moderate modifications City of Denton to provide description of offsite improvements (by others) and the flows to be handled Design Criteria Memorandum will be prepared 25. Plant Electrical Power. Significant modifications to serve the new structures and processes 26. Plant Instrumentation and Control System. Significant modifications to serve the new structures and processes per FEB00 PDR 27. Domestic Wastewater Septic System. Only moderate modifications to APR91 PDR based on Denton County Health Department criteria changes 28. Plant Landscaping. New design Original design and installation was to be by City Parks Department [OFF00050] T\LRRWTP_SCOPE_OP_SERVICES�SCOPE-NARRATIVE DOC 515100 C-2 5/5100 Table SNA LRRWTP Summa Table UnitlStructureAltemP Description Infrastructure Original Mo Ca stir m d 1 Raw Water P m Station and Pipeline 50 $2 314166 2 Raw Water Motor Vault 50 $111 537 3 Pre Ozone Contactor 20 4 Pum Dlffusi In Vault 50 $119746 5 Raw Water S litter Box 20 6 Flocculations/Sedimentation Basin (Two Trains) 20 $2, 7 Intermediate Ozone Contractor 20 Include 8 03 Generator 50 Included in Item 2 9 LOX Stora Is 50 Included in Item 2 Self Backwash, GAC Filters w/Air Scour and Filter 20 $3,767,200 10 to Waste Two Trains $477 289 11 Air Scour BI wars Pinina and Buildin 50 $808 000 12 Filtered Wat r Transfer Pum Station 50 $1 416 930 13 At Grade rand Stora a Tenk 6 MG 20 $3 805 310 14 60 m d HI h Service Pum Station 50 15 Plant Effluent Meter Vault $114143 16 Washwater Reclamation Basin lf Sludge Lagoons 50 $470,123 17 50 $800 000 $1,568,691 18 Liquid Chemical Feed Building (Z 50 19 LI uid ChemiSto 50 $756 782 20 horineanmmaArean $940 515 21 Buildin (2 Chlorine an Ammonia Scrubber S stem 50 50 Included In Item 19 22 Administratl n/O eratlons Buildin Slurry Trent Wall for Containment of 100 $1 662 000 $338,000 23 Groundwater 100 24 Basin Drain S Istern 50 $149 845 $890 000 25 Back U Po er S stem 50 26 Offslte Drains a Im rovements 100 $100 000 27 Plant Electrical Power 50 $4 824 294 Included in Item 21 28 Plant Instrumentation and Control S stem 100 1 Included in Item 31 29 Domestic astewater Be tic S stem $65 150 30 Plant Land a In 100 $1.063.007 31 ar p ng tewor an Paving Column Totals $4,936,342 $�34,830 095 rorn844,305 (1) Includes washwater recycle meter vault (2) Incudes half the coal of chemical pipe chase (3) Includes lined chemical drain pit (4) Cost taken from total of Yard Piping, Sitework and Paving (5) Includes Electrical and Instrumentation of the High Service Pump Station (5) Includes Yard Piping, Sitework, Paving Septic System but does not include Wells Drainage Improvements [OFF000501T\LRRWTP_SCOPE_OR_SERVICES\\TABLESN 1 oi� 696 74 � N00'16 20 W�� PEGUAQER EPEPTI �NE) 5pp'1520E �� 89849 E PRO f I� 1 iN VAUL"I I LEGEND ORIGINAL FACILITY MODIFIED FACILITY �MONIA AND NEW FACILITY DING 7187 _ FUTURE FACILITY I i � FUTURE \ A I 6 MG TANK 180.32) / \&-- VAOWt METER J I HIGH / PUMP SERVICE / \� / FUTURE 8 MG TANK L JHIGH SERMCE PUMP \ SON EXPANSION 0 Np0 23T15 W 906 0 50 100 200 SAD zQ J Z LIJ Q W w~ r � o W w Q o O cn H U cr m 0 Q W Y ES FIGURE O IU 9 I I YEN�YI�9n1� IIYI IIII� 1111111111:11110E YIIN� IIIAM�I�I�� asaggg aF; RiftSa RR MR aah III "Im a m ui �u RI N N _N�EN m N N� asP fogggoof lung4l 1 811"N o. y 6 � L If P i If R N d III i I IN III III IN Nq q 6 'Ikkkllkkk *llkl �kkillillilillik 11 1111111 11111111 NOUN 11 NUNN IN 11 NUNN IN a a a° I oil 1 11 NINE I 1 11 11 1111111111111111111 11 11 1 -011 11111111111 HIM III I I oil 11 UNION III 111111111 1 1 1 111 :oil 111111 1111111 1 1 1 1 lull 1111 111111 11 1 1 1 11 111 I c '00 coo ONME I u IN 11 NO 8 I a s 6 oil ............. oil IIIIIIIII 11 F pump IN 0 8 DESIGN PFA4F 9 R� VICES Task 3 Revise Specifications Montgomery Watson shall revise the existing Electrical and Control System specifications to reflect the changes in the plant design and the upgraded design approach for the control system This shall include all Division 16 and Division 17 specifications, complete control logic and loop descriptions, display screen format descriptions, and report formats, as well as providing input for other equipment specification sections (valve operators, drives, etc ) and coordinating with the overall plant design Draft specifications shall be delivered at the 50% and 90% design stages Task 4 Revise Drawings Montgomery Watson shall revive and add to the existing Electrical and Control System drawings to reflect the changes in the plant design and the upgraded design approach for the control system This shall include revising 24 of the 30 existing Electrical drawings, adding up to 7 new Electrical drawings, revising 6 of 10 existing Instrumentation drawings, revising all 15 of the existing P&ID drawings, and adding up to 12 new P&ID drawings This work is based on electronic CADD versions of the existing Electrical drawings being delivered to Montgomery Watson Draft versions of the drawings shall be delivered at the 50% and 90% design stages Task 5 Attend Design Meetings Montgomery Watson shall attend monthly design review and progress meeting during the design penod The design period is expected to be six months Task 6 Assist Bid Activities Montgomery Watson shall assist during the bid period This shall include providing information and addendum items pertaining to the Electrical and Control System designs Rrmzr I- jT Task 7 Revise Plans and Specifications for Standby Power Generators Montgomery Watson shall provide additions to the plans and specifications for a standby power generation system if the owner selects this alternative This shall include a complete specification section for the generator(s), design and plan drawings for the generator building(s), electrical generator building plans and a generator P&ID Task 8 Revise Plans and Specifications for Dewatenng Process Montgomery Watson shall provide additions to the plans and specifications for a mechanical dewatenng system if the owner selects this alternative This shall include any necessary changes to the Electrical and Control System specification, Electrical plan drawings for the sludge clarifier and dewatenng building, MCC and control schematics, and up to 2 dewatenng P&IDs Task 9 Revise Plans and Specifications for Intermediate Lift Pumps Montgomery Watson shall provide additions to the plans and specifications for intermediate lift pumps if the owner selects this alternative This shall include any necessary changes to the Electrical and Control System specification, anElectricalplan drawing for the pumps, MCC and control schematics, and a lift pump & Task to Review Shop Drawing Submittals Montgomery Watson shall review the Electrical and Instrumentation shop drawings submittals This shall include the control system configuration as well as the electrical and instrumentation equipment and drawings The effort for this task is based on all submittals being approved by the second submittal Task 11 Provide Design Clarifications Montgomery Watson shall respond to contractor requests for information and clarifications related to the electrical and instrumentation system This shall include visiting the site as required to respond to contractor's questions, reviewing and making recommendations on substitution requests by the contractor, and reviewing and making recommendations on change order proposals Task 12 Attend Construction Meetings Montgomery Watson shall attend monthly construction project progress meeting This task is based on a construction period of 16 months Task 13 Perform Inspections Montgomery Watson shall perform site inspections during the construction period to ensure that the electrical and control systems are being installed in accordance with the contract documents This shall include an inspection at substantial completion, preparation of a punch list and a final inspection after all punch list items have been completed Task 14 Prepare PLC Programs Montgomery Watson shall develop the PLC logic programs for the WTP control system This task shall include design meetings to determine the desired method of control and operation of logic sequences, development of standard logic templates to be utilized in each PLC program, and production of the final PLC logic programs PLC logic shall be developed for the following processes Raw pump and valve control and raw water flow monitoring Chemical feed rate closed loop control and monitoring for ozone, caustic, polymer, ferric sulfate, chlorine and ammonia, including bulk storage monitoring and transfer control Control and monitoring of the rapid mix pump, flocculator drives, and sludge collector drives Control and momtonng of the sludge draw off process Control and monitoring of the of the sludge dewatenng process (if included in the plant design) Control and monitoring of the intermediate transfer pumps (if included in the plant design) Control and monitoring of the filtration process including filter backwash sequencing and wash water recovery Control and monitoring of the clearwell and high service pumps Control and monitoring of the generators (if included in the plant design) Task 15 Configure MMI Screens and Reports Montgomery Watson shall configure the MMI software for the WTP control system This task shall include design meetings to determine the preferred operator interface and reportformats Configuration services shall include developing the system em database t b )e (up to 2000 points), graphic displays (up to 40 screens), trend graphs (up control windows (up to 100 pop -ups), historical records (up to 200 points), and up to 16 reports (4 basic formats for day week month and year) The database shall include the PLC 1/0 points, calculated values, setpoints, and control commands The displays shall include a plant overview, and overview for each unit process, and a detailed screen for each unit within a unit process The screens shall include a logical paging system between screens with menus as necessary Trends shall be configured for all measured analog values and pertinent derived values Control windows shall be configured for each pump, valve and drive as well as sequences such as filter backwash Historical records shall be maintained for measured analog values, equipment status, and alarm occurrences The reports shall include a plant production and performance report, a compliance (deviation) report, a chemical and energy usage report, and as equipment run time and failure report Task 16 Start-up Control System Montgomery Watson shall provide assistance in the testing and start-up of the plant and control system This shall include assistance to the contractor in the testing of all PLC 1/0 point, including signal transfer through the PLC to the MMI software Montgomery Watson shall test all PLC programs and MMI software configuration and shall make all corrections necessary to provide a fully functional and operational system This shall include a record of all tests performed After completion of the testing, Montgomery Watson ut into operation the PLCs and at the plant11provide Thts shall include the controlt-up services to system communications software mmunications network Task 17 Prepare O&M Manuals Montgomery Watson shall prepare detailed O&M manuals in the set-up, operation, maintenance, and troubleshooting of the WTP computer control system The operations manuals shall include a copy of each screen with a written description of the operations and methods of accessing control functions The descriptions shall be incorporated into the computer system as on-line help screens The maintenance descriptions shall include complete annotated PLC programs, a description of the MMI configuration with full documentation of instrument addresses, recommended maintenance procedures for n e instrumentation and control system hardware, and a trouble shooting guide determining the cause of hardware and software problems The maintenance manuals shall be delivered in both hard copy and software forms and shall be accessible through the plant computer system Task 18 Provide System Training Montgomery Watson shall provide training in the operation, maintenance, and troubleshooting of the WTP control System Training shall be provided at several levels, including operators, technicians, programmers, and managers The training material shall consist primarily of the manuals described above The operator training classes shall be up to 16 hours in duration and shall be presented up to 3 times The PLC programming and trouble shooting class shall be up to 40 hours in duration and shall be presented up to 2 times The MMI software class shall be up to 40 hours in duration and shall be presented up to 2 times Each class shall be video taped and the tapes edited to provide a complete and comprehensive version of the class presented City of Denton, Texas 5/5/00 Fee Estimate Lake Ray Roberts WTP Electical and Instrumentton Engineering Services ENGINEERING LABOR - DESIUN titMVKwMO PE DENSE SD DID Total Labor Category Rate PM $160 $135 $95 $100 $70 $50CLK $50 Labor$ $ Task 3 - Revise Specifications g $ 2,560 Revise Division 16 16 80 40 16 $ 15,600 New Division 17 8 80 8 $ 9,080 Loop descriptions 40 60 100 $ 18,100 Screen Descriptions. 24 40 60 80 $ 20,540 Re ort Desc&finalri lions 4 16 $ 1,080 Print draft $ Task 4 - Revise Drawin s 24 96 $ 12,360 Revise elec Dw s 24 24 28 10 112 $ 12,620 New elec Dw s 7 24 8 48 $ 7,400 Revise Inst Dw s 8 30 16 96 $ 12,370 Revise P&ID Dw s 15 8 40 $ 6,840 New P&ID Dwas(12),24 4 16 4 $ 1,720 Print draft 8, final $ Task 5 - Attend Desi n Meetin s $ 9, Attend meetin s 6 12 36 24 - Task 6 - Assist Bid Activities 4 $ 3,120 Prepare addendum items 16 8 $ 48 128 48 $ 19,040 Project management 24 32 16 $ 8,960 QA/OC ...e won �a� 110 720 120 160,450 Subtotal - Labor ivu --- Other Direct Costs I Cost A..lti leer Total $ Cost Item 800 Miles $256 10 $ 256 Mtla a 6 Tn s $3,000 10 $ 3,000 Travel 568 Hours $5,680 10 $ 5,680 CADD $0 10 $ Miscellaneous $ 8,936 Subtotal - Other Direct r;osts 169,386 Total Engineering Fee - Design Services City of Denton, Texas 5/5/00 Fee Estimate Lake Ray Roberts WTP Electrical and Instrumentation Engineering Services 173,472 Total Engineering Fee • Generator Design Services City of Denton, Texas 5/5/00 Fee Estimate Lake Ray Roberts WTP Electrical and Instrumentation Engineering Services nl�KLSFRY —Ratebor Category .. Specifications -�--�- _ Project management UNUM Subtotal - Labor Other Direct Costs 200 Miles Cost $64 Multi leer 10 Total $ $ 64 cost Item Mila e 1 Trips $ 1 0 $ 500 Travel 32 Hours $320 0 1 0 $ 320 CADD $0 10 $ Miscellaneous $ 884 Subtotal - Other Uirect UosrS Total Engineering Fee - Dewatering Design Services $ 7,974 City of Denton, Texas Fee Estimate Lake Ray Roberts WTP Electrical and Instrumentation Engineering Services --. - . . --- ...___.._....-- 11 ,..1 ^ A• 1^kl MCC InKl eecXnroc 5/5/00 Labor Category Rate ILYA •: � ©�-0�-�dsrV Subtotal - Labor umer uireur wsls Cost I Multi leer Total $ Cos Item Mila a 100 Mlles $32 10 $ 32 Travel 1 Tri s $500 1 0 $ 500 CADD 88 Hours $880 10 $ 880 Miscellaneous $0 10 $ 1.412 Subtotal - umer uirect vosts Total Engineering Fee - Intermediate Pump Station Design Services 1 $ 22,032 .. :.. Rat_�� Specifications Project ::.: Subtotal - Labor cam Other Direct Costs Cost Multi liar Total $ Cost Item 600 Mlles $192 1 0 $ 192 Mila a 1 Trips $500 1 0 $ 500 Travel 460 Hours $4 600 1 0 $ 4,600 CADD $0 10 $ Miscellaneous $ 5,292 Subtotal - Other Direct Oosts Total Engineering Fee -Ozone Generators Design Services $ 86,522 City of Denton, Texas 5/5/00 Fee Estimate Lake Ray Roberts WTP Electrical and Instrumentation Engineering Services CTION SERVICES LNUuvEERING LABOR - CONSTRU PM PE DE SD DD CLK Total Labor Category Rate $160 $135 $95 $100 $70 $50 Labor$ Task 11 - Review Shop Drawing Submittals 40 16 16 $ $ 8,620 Elec Shop dw s 20 20 40 20 16 16 $ 10,420 Inst Shop dw s Task 12 - Provide dssi n clarifications 8 $ $ 5,160 Respond to RFIs 24 16 48 $ 7,800 Site visits 24 8 4 $ 1,280 Review substitutions 8 4 $ 3,120 Review change ord rs 16 Task 13 - Attend Construction Meetings $ $ 20,720- Meetings 12 96 48 $ Task 14 - Perform Inspections Ep $ 9,760 Periodic ins ections g24 80 Substantial com lete Ins ectionE5,520 4 4 $ 1,120 Punch list 16 4 $ 3,880 Final ins ections Pro act management 64 96 16 8 $ 17,760 $ 3,640 QA/OC 24 nnn oad An 19A 80 98,800 Subtotal - Labor 0Y "' ' Other Direct costs Cost Multi liar Total $ ost Item 2000 Miles $640 10 $ 640 Mila a 12 Trips $6,000 10 $ 6,000 Travel 92 Hours $920 10 $ 920 CADD $0 10 $ Miscellaneous _ $ 7,560 Subtotal - Other WWI i:osts Total Engineering Fee - Construction Services $ 106,360 ENGINEERING LABOR CONFIGURATION SEHVIL;tb PE DE SD Total Labor Category Rate PM $160 $135 $95 $100 $70 $60 50 Labor$ 24 184 200 40 184 48 $ 66 960 Task 3 Revise S eclf cetlons 0 130 0 408 4 $ 59 310 Task 4 Revise Drawls s 36 n 0 0 0 $ 9 060 Task 5 Attend Deal Meetin a a 0 16 8 0 0 4 lzu $ 3 160 Task 6 Assist Bid Aq vltiea 8 176 6 864 80 512 4 $ 151 Task 7 Plans and S ciflcetlone for Standb Power Generators 16 0 0 32 4 4 600 Task 8 Plana and S Ificationa for High Service Pum Station 0 40 4 88 16 230 $ 18 230 Task 9 Plans and S eclticellone for Intermediate Lift PUMPS 2 50 52 460 16 $ 63 580 Task 10 Plans and S acfllCflti0ns for Ozone Feclllllee 0 188 0 32 32 $ 19 040 To Drawin Submittals ask 11 Review Sh 0 0 40 72 40 72 80 0 0 16 $ 17 360 Task 12 Provlde as inClanficatlons 20 96 48 0 0 0 $ 20 720 8 $ 20 280 Task 13 - Attend Con tNC90It Meetings 0 60 124 0 0 Task 14 Perform Ims ecllons 0 0 0 0 0 0 $ 0 $ Task 15 Pre re PL Pro rams 0 0 0 0 0 Task 16 Conti ure MI Screens and Reports 0 0 0 0 0 0 $ 0 0 $ Task 17 Stan u Ca trol system 0 0 0 0 Task 18 - Pre are O&a Manuals 0 0 0 0 0 0 $ Task 19 Provide S tem Training Task 1 & 2 were the ire n tasks $ it 184 286 74 $ 53 300 36 $ 35,370 Pro ect mane ement jull 206 0 0 QAIOC 286 1270 1420 306 2004 262 536.090 Other Direct Coats Cost Multi Iier Total Cost item 4300 Mlles $t 378 10 $ 1 376 Mlle a 22 Tn s $11,000 10 $ 11 000 Travel 1728 Hours $17 280 i o $ 17,280 CADD $0 10 $ Miscellaneous 29 858 Subtotal Other Direct Costs 565 746 Total Engineering Fee Configuration Services Scope of Work for City of Denton, TX Ozone Design -review, Startup Training and Optimization Assistance By Process Applications, Inc. February 22, 2000 TABLE OF CONTENTS INTRODUCTION SERVICES DURING DESIGN REVIEW Design -review Workshop No 1 Design -review Workshop No 2 SERVICES DURING PREPARING FOR Startup Startup Training Workshop No 1 Startup Training Workshop No 2 Startup Training Workshop No 3 SERVICES DURING OZONE OPTIMIZATION BUDGET INTRODUCTION 2 5 5 Ozone will be a new and different treatment process for the City of Denton, TX Ozone might be the first or second most expensive chemical to be added Training is proposed during three phases of the project 1 During design for O&M review plus Planning for Operation 2 During construction to prepare staff for process and equipment startup 3 During first -year operation for system optimization Process Applications, Inc has experience in ozone startup training and process optimization Several projects have been conducted or are in progress in the Metroplex An ozone design - review, startup training and optimization assistance project conducted for the City of Arlington, TX is nearly complete Through this effort the City of Arlington has achieved optimized performance of their ozone facilities Recently, the Upper Trinity Regional Water District contracted with Process Applications, Inc to conduct an ozone design -review, startup 05/05/00 - 1 - Hutor Soto SCOPE RAKNESS dm training and optimization assistance project for their Water Treatment Plant The UTRWD project has just finished the design phase of the project The Cities of Dallas, Fort Worth, and Arlington, Texas were involved in a residual -monitor -optimization research project that was part of a 5-year American Water Works Association Research Foundation (AWWARF) and Electric Power Research Institute (EPRI) ozone optimization research project Process Applications, Inc was the principal investigator for that research effort SERVICES DURING DESIGN REVIEW Ozone is new to the operating staff Training is proposed as part of the project to assist staff in developing full and complete design review comments Process Applications, Inc proposes to prepare and present, with assistance from the design team, two design -training workshops to advance staff understanding of ozone system operation and maintenance considerations in order to Promote site -specific design review comments that will enhance operation and maintenance Example site -specific issues might be draining, inspecting, and re -filling ozone contactors and closed -loop versus open loop cooling water systems Increase staff awareness -of and planning -for operation and maintenance activities associated with their forthcoming ozone facilities Example operating -plan issues are level of automation, staffing for operation and maintenance, and budgeting for energy and LOX In preparing for the training workshops Process Applications, Inc will meet with the design team to discuss O&M -related design issues and considerations Process Applications,Inc also will develop an ozone control -simulation model that will be used to assist all parties involved with visualizing how the ozone system will react to process changes, such as water flow, water temperature and water quality The model will be calibrated using ozone dose - response information available from the City of Arlington, TX plants, plus data from bench - scale studies of water from Lake Ray Roberts A separate budget item has been provided for the bench -scale studies _ 2 _ Hector Sob SCOPE RAKNESS doe 05/05/00 Meeting with Design Team: Process Applications, Inc will meet with the design team to discuss O&M issues and considerations and design choices that are available to the plant staff Design -review Workshop No. 1: Design -review workshop No 1 will be held at about the 30% design review phase Topics of discussion might include the following 1 Ozone overview What is ozone? What equipment is involved with an ozone system? 2 Ozone safety What is the safety record of ozone9 What safety equipment is part of the ozone design? 3 Application of ozone in water treatment What are advantages and cautions for using ozone? How is disinfection credit calculated9 4 P&ID review How is ozone equipment interconnected? What is the purpose of each component? What are O&M considerations? What are control and automation considerations? Design -review Workshop No. I Training workshop No 2 will be held at about the 80% design review phase Topics of discussion might include the following 1 Layout review Where is equipment located9 What are maintenance needs How is equipment accessed for maintenance? 2 Process monitoring and control overview What are key instruments used for monitoring and controlling the ozone system9 How is the ozone system controlled 3 Automation review What are automation features of the ozone system9 SERVICES DURING PREPARING FOR STARTUP - 3 - Hmtor Soto SCOPE RAKNESS doo 05/05/00 Our experience indicates that "process" training is beneficial to develop staff awareness and understanding of their ozone system prior to specific "equipment" training by the ozone system supplier Process Applications, Inc will facilitate and coordinate ozone -process training through three workshop -training events as described below The design engineer will be requested to participate in the training sessions The three training workshops are each 8-hr long and will be presented in intervals of approximately four to six weeks Ozone System Operational Guidelines will be developed as a follow-up activity after each training workshop Process Applications, Inc will develop draft Guidelines with applicable input by the plant staff Copies will be provided in printed form and electronic format A list of possible Operational Guidelines is presented in Table 1 The first training session will be scheduled about six to eight months prior to completion of construction This leaves time for manufacturer's equipment training lust before system startup Table 1. Example Ozone System Operational Guidelines 100 SAFETY 101 Oxygen Safety 102 Ozone Safety 200 PROCESS MONITORING / OPTIMIZATION 201 Calculating Ozone Process Parameters 202 Calculating Ozone Disinfection Credit 203 Calibrating Ozone Residual Analyzers 204 Daily Monitoring and Long Term Treading 205 Round's Sheet 206 Ozone Optimization Strategies 300 OPERATION 301 Selection Criteria for Operating Units 302 Ozone System Cold Startup 303 Planned Ozone System Shut -Down 304 Equipment Switching and Rotation 305 Nitrogen -feed System Operation 306 Response to Ozone Alarm 400 MAINTENANCE 401 Contactor Draining -Inspection -Filling 402 Ozone Generator Shell Opening -Inspection -Closing - 4 - HWor Soto SCOPE RAKNESS dot: 05/05/00 Startup Training Workshop No.1: Topics might include review and new information regarding safety and application of ozone plus ozone equipment design and operating criteria Training workshops involve safety procedures and equipment selection criteria guidelines Startup Training Workshop No. 2: Topics might include ozone contactor and off -gas process operation and determination of ozone disinfection inactivation credit Training workshops involve off -gas system startup procedure, calculation of ozone disinfection credit and ozone system computer simulation Process Applications, Inc will use the spreadsheet simulation model of the ozone system in the workshops The simulator will be given to the City of Denton WTP staff Startup Training Workshop No, 3. Discussion topics might include liquid oxygen (LOX) and ozone generator operation and calibration of ozone residual analyzers Training workshops involve calibration of residual monitors, calculation of ozone parameters, generator and contactor switching and total ozone system startup, ozone system monitoring, contactor draining/inspection/filling, and review of key startup procedures SERVICES DURING OZONE OPTIMIZATION After startup, Process Applications, Inc will provide follow-up technical assistance and training directed towards optimizing performance and operation of the ozone system Follow- up technical consultation will consist of at least three site -visits plus phone consultation over a period of six to twelve months after startup Process Applications, Inc will develop a spreadsheet -based ozone data monitoring program for use by staff in assessment of long-term performance trends for purposes of achieving optimized ozone system performance Training will be provided on the monitoring program during Construction Training Workshop No 3 and will be utilized during the first -year to assist staff in development of an optimized ozone system 05/01/00 - 5 - Hector Soto SCOPE RAKNESS doc BUDGET Proposed budget is shown below we EYE Mow EN MOM aINE Eon February 25,2000 05/05/00 - 6 - Hector Solo SCOPE RAKNESS doc 1-1-00 SUBCONTRACT AGREEMENT (DTN00) This Agreement is between ISBELL ENGINEERING, INC (hereinafter "Consultant") and FREESE AND NICHOLS, INC (hereinafter "FNI") In consideration of Consultant providing professional services for FNI and FNI utilizing Consultant's services on an independent contractor basis, the parties hereby agree FNI with the services described in Schedule A attached hereto I Consultant will provide 2 Confidentiality Agreement is (X) Not Required, () Required and attached hereto 3 The parties agree that this Agreement is not intended to create an employment relationship, and Consultant's status is that of an "independent contractor" 4 Consultant will provide any and all tools, supplies, office space and transportation needed to provide his services 5 FNI will pay Consultant on the basis and under the conditions described In Schedule B attached hereto 6 Consultant agrees to be liable for all income and employment taxes which may be due 7 This consulting agreement may be terminated by either party at any time upon written notice for more than thee this nssultantnwill be paid for services ated, or if the satisfactorily ect is performended ed prior to written notloe from FNI in accordance with Schedule B e with the ions of le 8 C consultant hereto effect and ant hat no asangn or ce in asublet ccordan whole or part thus contract orthe services to be performed without prior written approval from FNI Approval by of the Consultant shall not constitute or and deemed t competency of the release services the responsibility performd undeand r Subconiroact ltant for the acciiacy Agreement Disadvantaged Business Enterprise certification is (X) Not Required, ()Required and attached hereto of Texas 10 This Agreement shall be administered and interprshall beeted under the an Tarrant Cows of the unty, Texas Venue of any legal proceeding involving this Agreement AGREED AND EXECUTED this _ day of ISBELL ENGINEERING, INC f� TITLE TAXID # 1004 Maple, Sulte 107 Sanger, Texas 76266 2000 FREESE AND NICHOLS, INC M. TITLE 4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895 R \CONTRACT\2000�SUMDTN00'1SBELL wpd SCHEDULE A Consultant shall provide the following structural engineering services in connection with the City of Denton Lake Ray Roberts Water Treatment Plant (DTN009��) SCOPE OF SERVICES A aConsultant pproximately�16,000 s fstructural two s orye`�ntl► a suspendesign of the d Administration Building, which well be B Consultant shall attend all necessary meetings at the offices of FNI during the design phase C Consultant shall answer questions during the bid phase D Consultant shall check shop drawing submittals during construction phase E Consultant shall observe construction of the Administration Building periodically F Structural as well drawings r i one hall be set id signed to in el rep electronic format using Autocad Version 14 or ful bles G Consultant shall use FM's standard specifications, revised as required for the purpose of this project Consultant shall edit an electronic version of the specifications and return these electronic files to FNI sheet H notations, and other � criteriastandard Cadese Cad standards will be provided t section Consultant prior to beginning work The Agreement between FNI and Owner (the Prime Agreement) is attached hereto as Schedule D and made aparteYCons tantt agrees to be bound by the terms act is for a portion of eand conditions of the Primservices which are the e of the Prime Agreement Agreement, uisofar as they relate totand dutiesc obh gations and lim tat ons asto FM Consultant snFM has to the Consultant shall have the same ig Owner under the Prime Agreement rbe tuntilsixtyConsultant srting to ao nce the No wok Consultants services shall be completed within (60) calendar days after the df the notice to commence FNI CONSULTANT R\C0NTRACT\2000\SUBs\DTN00-ISBELL wpd SCHEDULE B n considererformed under this thelt total lump sum fee of NINE THOUSAND Subcontract, Consultant paid AND SIX HUNDRED FIFTY DOLLARS 00) Consultant will submit an invoice to FM monthly for services rendered in accordance with the following format This invoice will be included in the next invoice submitted to FM's client e made within ten (10) days after FNI receives payment for Consultant's Payment to Consultant will b minated pursuant to services Should this Agreement be terparagraphfor Consultant's services If FM M any payment is due, within ten (10) days after Freceives paym does not receive full payment when due from wner, FNI shal h received from the Owner bear1 pay the toheltotal payment dueto service in the same proportion that paym FM FNI CONSULTANT R\CONTRACTaOO'Y'SUBS�OTNBB.ISBELL wpd EXAMPLE FREESE AND NICHOLS, INC CONSULTING ENGINEERS 4055 INTERNATIONAL PLAZA SUITE 200 FORT WORTH, TEXAS 76109-4895 ATTENTION ACCOUNTS PAYABLE CITY OF DENTON - LAKE RAY ROBERTS WATER TREATMENT PLANT STRUCTURAL ENGINEERING SERVICES FOR ADMINISTRATION BUILDING DTNO0999 OACO 1160 STATEMENT FOR SERVICES DURING PERIOD THROUGH LUMP SUM FEE $9.650 00 X _% COMPLETED $- TOTAL FEE EARNED TO DATE $- LESS PRIOR BILLINGS $- CURRENT AMOUNT DUE $- TOTAL AMOUNT DUE $- FNI CONSULTANT R\CONTRACT\2000\SUBS\DTNOO*ISBELL wpd SCHEDULE C Consultant shall maintain the following basic insurance coverage at minimum COMMERCIAL GENERAL LIABILITY including Products/Completed Operations Coverage and Contractual Liability with mimmum limits of liability for Bodily Injury and Property Damage for $500,000 General Aggregate $500,000 Products and Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence Limit $ 50,000 Fire Legal Liability $ 5,000 Medical Expense II AUTOMOBILE LIABILITY including Hired and Non -Owned vehicles with minimum limits of liability of $500,000 Combined Single Limits for Bodily Injury & Property Damage III UMBRELLA OR EXCESS LIABILITY coverage with a minimum limit of liability of $1,000,000 IV WORKER'S COMPENSATION including Employer's Liability with a limit of $100,000 Bodily Injury Each Accident $500,000 Bodily Injury by Disease - Policy Limit $100,000 Bodily Injury by Disease - Each Employee V PROFESSIONAL LIABILITY (appropriate to the CONSULTANT'S profession) with minimum limits of liability of $500,000 Before commencing work Consultant shall funnish FNI with original Certificate(s) of Insurance by Consultant's agent(s) Use the standard form like the one attached to this Agreement Prior to each policy expiration date and for the term of this Agreement, Consultant shall furnish FNI with renewed Certificates of Insurance FNI CONSULTANT R \CONTRAC 4000�SUBS\DTN00-ISBELL wpd ACORD CERTIFICATE OF LIABILITYTINSnUcRANCE McLaughlin / Brunson Insurance 10925 Estate Lane Suite 250 Dallas, TX 75238 214-503-1212 fax 214-503-8899 INSURED Isbell Engineering, Inc I Isbell Engineering, IAe 1004 Maple, Suite 107 Sanger, TX 76256 940-458-7503 fax 940-458-7417 COVERAGES THE POLICIES OF INSURANCE LISTED I ANY REQUIREMENT TERM OR CONDI MAY PERTAIN THE INSURANCE AFFOF POLICIES AGGREGATE UM ITS SHOWI WBR Typo oFINSURAN 11 GENERAL LIABSJTY X COMMERCIAL GENERAL LIABILITY CUIMS MADE 7x OCCUR A GENL AGGREGATE UNIT APPLIES PER POLICY X jeCo-T L0C AUTomos" LIABILITY ANY AUTO ALL OWNED AUTOS SCMEDULI:O AUTOS HIRED AUT08 NOWOWNED AUTOS ILIfY SARAGE UAB 7ANY AUTO MCI" LIABILITY OCCUR 7CWMS MADE DEDUCnSLS RETENTION f WORKERS COMPENSATION AND EMPLOYERS LIABILITY OF 7,TW609950-01 INSURERS AFFORDING COVERAGE OCUMENT WITH RESPECT TO WHICH Inm �cn��ro...•--- MIN ISSUSJECTTOALL THE TERMS EXCLUSIONS AND CONOI kAIM9 U POL W-'o NI LIMITS WCOMBINF.OSINGLFUNT RRENCE f 2/25/99 2/25/00 FIREGE (Am/ uns Ne) f OT one Pawn) S a ADV INJURY fAGGREGATP fS COMPIOP AGG fOSINGLEUNT f0 soO1LY INJURY f IP�r aeWwll I PROPERTY DAMAGE f (Par 4CCIEMD AUTOONLY EAACCIDENT 11 EA ACC f OTHER THAN AUTO ONLY p0a f EACH OCCURRENCE S 'AGGRIGATE f f f � f �TORY E.L EACH ACCIDENT S PV PNPLOYEE S SUCH 100,000 5 000 1 000 000 I.000. 000 5/5/97 I S/5/00 250 C OMER pL512602 PrOEessional LIMIT f II —I Liability f 250 I B N Per Claim LIMIT DEScRq' WN OF OPIAATR1NaR.00ATIONMENI0L6a15tOWmONe ADDED BY SNDORB®ABNnaP5C1AL PROVImONa 2 Tba Certificate holderis canted eThe following are 1 Limit of Liability 1e a Pez Claim/pmVal Aggregatea ear aA general ]Liability 5 The claims made period and as their interest may appear on the general liability coverage 3 Reference Ytojeec, named as additional iAsureds as chair intereeta may PP Seasubject�1 i deductiblearaga is the total aggregate limit for all claims presented within the policy p — fessi Freese and Nichols, Inc 4055 International Plaza Suite 200 Fart Worth, TX 16109-4895 817 735-7300 fax 817-735-7491 ;ANOELLA I Ivm SNWLOANYOFTHRASOVEOE NBWPOUCIESBHUNCELLED BEF ORB DA YmIREN DATE THEREOF YNE ISSUING INSURER WILL EMDEAVOR To MAIL _"_ moms TO THE CSRTIPICATe HOLDER NAMED TO THE LEFT Sur FAILURE TO OD SO SHALL IMPOSE No OSUOATN)N OR LIABILITY OF ANY 'ONO UPON THE INSURER. RS AOENTS OR AC I$NSUc ORD CERTIFICATE OF LIABILITY CE RANCNO .. ,. u AND CONFERS NO PRaau an McLaughlin / Brunson Insurance 10925 Estate Lane Suite 250 75278 Dallas, TX 214-503.1212 tax 214-503-8899 Isbell Engineering, Inc Isbell Engineering, I4C 1004 maple 7suit 107 Sanger,TX 940-458.7507 Lax 940-458-7417 U14SUTY 17JM609950-01 GENERAL X I COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR A GE NL AGGREGATa LIMIT APPLIES PER pOUCY X PECT LOD AUTOM08PE LUIBS.ITY ANY A RO IALLOWNED AUTOS ISCHFDULED AUTOS HIRED AUTO 9 GIMON•OWNFD AUTOS I �I aA11Af,E LIABAJTY ANY AUTO I DlCSSS LIABILITY OCCUR CLAIMS MA08 I I OEDUCTISLa I IRETENTION S WORKERS COMPENSATIQN AHD EMPLOYSRS' LIABILITY I II PL312402 ProLeeaional arHER I Liability INSURERS AFFORDING COVERAGE IRED NAM- FOR THE POLICY PERIQU OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR tEIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH AIMS L EIO'IRA N LIMITS EACH OCCURRENCE S 1 000 0' 2/25/99 12/25/00 - PAPes) 1$ 100 O PIPE DAMAGE (Any 5 0 MEO EXP (AM ens pPOM) I f e 1 000 0 5/S/97 15/5/00 OMEINEOSINGLEUMIT f :a .mNMO 100ax INJURY S PM P~) 3001LY INJURY ) PROPERTY DAMAGE I, PROPERTY AUTO ONL EA ACC AUTO ONLYN AQG EACH OCCU AGGREGATE B aX Per Claim I I X I A se ace 710NGNEHICL8SEX0 WSIONB ADDED BY ENOORSmM1IHYWfiCIAL PROMUSO"8 3 Reference holder Per is l 4 The following are DESgapTON OP CPeRATwRSn.aCA r ate 2 The CercLLefere holder ec named as additionalinsured 1 Limit oL Liability is a per Cthe 90DA'al "ability e9 aneral liability 5 The olI th '^Policy period and as their interest may appear On thheeir interescMAYappearroneg resented within she Pa camelasadd liability coverage is she total aggregate limit for all claims p named professional liability ty COade ae is subject to a deductible Freeze and Nichols, Inc 4055 International Plaza Suite 200 Fart Porch TX 76109-4895 817-735-7700 faX+ S17-775-7491 ;ANCELLATION sSECANCeU-MadFORe THes""RATI0N aHouW ANY 0FTHSAMOYE DESCRIBED POUCW-S RTO NNL 70 _DAYS WRITTEN DATE THEREOF THE ISSUING NSUReR WILL BUT FAILURE TO 00 SO '"A"NOTICE TO THE CERTFICATS HOLOBR NAMSO TO THE LEFT 1MPOse NO OBLIGATION OR LIABILITY OF ANY NNO UPON THE INSURER ITS AGENTS OR CORPORA STATE OF TEXAS § COUNTY OF DENTON § THIRD AMENDED PROFESSIONAL SERVICES AGREEMENT FORGEOTECHNICAL ENGINEERING SERVICES PERTAINING TO THE DESIGN OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT FINISHED WATER TRANSMISSION PIPELINE FOR THE CITY OF DENTON, TEXAS J �� ,HIS THIRD AMENDED AGREEMENT is made and entered into as of the 0 day of 2001, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and Nichols, Inc., a Texas Corporation, with its offices at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"); the parties acting herein, by and through their duly -authorized representatives and officers. WHEREAS, OWNER and CONSULTANT entered into a certain "Professional Services Agreement for Engineering Service Pertaining to the Preliminary Design Phase of the Lake Ray Roberts Water Treatment Plant for the City of Denton, Texas" on the 2nd day of November, 1999; and WHEREAS, OWNER and CONSULTANT entered into a certain "Professional Services Agreement for Engineering Services Pertaining to the Final Design of the Preparation of Construction Plans and Specifications for, and the Performance of Related Construction Phase Services for the City of Denton Lake Ray Roberts Water Treatment Plant," which Agreement was approved by the City Council of the City of Denton, Texas on the 16th day of May, 2000, by enacting Ordinance No. 2000-174; and which is hereafter referred to as the "Agreement"; and WHEREAS, OWNER and CONSULTANT entered into a certain "First Amended Professional Services Agreement for Engineering Services Pertaining to the Construction Phase and Post -Construction Phase for the City of Denton Lake Ray Roberts Water Treatment Plant" on the 17th day of April; 2001, which agreement was approved by the City Council of the City of Denton, Texas on the 17th day of April, 2001, by enacting Ordinance No. 2001-154; and which agreement is referred to as the "First Amended Agreement"; and WHEREAS, at this time the Project is underway, and the OWNER and CONSULTANT have entered into a further "Second Amended Professional Services Agreement for Engineering Services Pertaining to the Design of the Lake Ray Roberts Water Treatment Plant Finished Water Transmission Pipeline for the City of Denton", which agreement is referred to as the "Second Amended Agreement"; and WHEREAS, the OWNER and CONSULTANT have agreed to enter into a further "Third Amended Professional Services Agreement for Geotechnical Engineering Services Pertaining to the Design of the Lake Ray Roberts Water Treatment Plant Finished Water Transmission Pipeline for the City of Denton'; hereafter; NOW, THEREFORE, Page 1 of 14 WITNESSETR that in consideration of the mutual promises, covenants, agreements herein, and in consideration of the premises, the parties hereto do mutually AGREE as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project (the 'Project"): Professional geotechnical engineering services pertaining to the design of the Lake Ray Roberts Water Treatment Plant Finished Water Transmission Pipeline for the City of Denton. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: A. To perform those professional services as set forth in the "Geotechnical Engineering Services for Lake Ray Roberts Water Treatment Plant Finished Water Transmission Pipeline for the City of Denton, Texas," dated September 20, 2001, prepared by CONSULTANT for OWNER; which document is attached hereto as Exhibit " A," and is incorporated herein by reference; which document is comprised of, and subdivided into the following sections: 1. Scope of Work (consisting of twelve items); 2. City of Denton Responsibilities (consisting of six items); and 3. Fee Proposal B. If there is any conflict, or if any conflict arises between the terms of this Third Amended Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of this Third Amended Agreement shall control over the terms and conditions of the Exhibit. ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above -described Scope of Services, set forth as provided by Article II. above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for Page 2 of 14 such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Third Amended Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Third Amended Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its City Manager, its Assistant City Manager for Utilities, or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services. Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten percent. 2. 'Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Third Amended Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of- pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above; as follows: 1. CONSULTANT shall perform its work on this Project in accordance with the provisions of those twelve (12) tasks as set forth in "Scope of Work" of Exhibit "A" attached hereto and incorporated herewith by reference. CONSULTANT shall be paid for services rendered pursuant to the Third Amended Agreement on the basis set forth as follows: Page 3 of 14 Subcontract expenses, including drilling and laboratory testing, shall be, reimbursed at actual cost plus ten percent. Compensation shall be lump sum for all other listed services. The fee ceiling is the total amount authorized by this Amendment. OWNER agrees to pay to CONSULTANT for its professional services performed, for its Subcontractor Expense, and for its Direct Non -Labor Out -of -Pocket Expenses incurred in the project, a total aggregate amount of fees and expenses, not to exceed $23,550.00. 2. Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its City Manager, or its Assistant City Manager for Utilities, or his designee. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT. 3. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the City Manager, or the Assistant City Manager for Utilities or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Third Amended Agreement. The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Third Amended Agreement. 4. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Third Amended Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER. CONSULTANT shall not proceed to perform any services to be later provided for under Article III. "Additional Services" without first obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III. hereinabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hereinabove. Statements for Basic Services and any Additional Services shall be submitted to OWNER no more frequently than once monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1 %) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1 %) per month as set forth herein, if the OWNER reasonably determines that the Page 4 of 14 CONSULTANT's work is unsatisfactory, in accordance with Article V.B. of this Agreement, and OWNER has notified CONSULTANT of that fact in writing. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or sub consultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Third Amended Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Third Amended Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project and OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense. In the event the OWNER uses the Third Amended Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Third Amended Agreement, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VHI INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, subcontractors, subconsultants, attorneys, and/or employees in the execution, operation, or performance of this Third Amended Agreement. Nothing in this Third Amended Agreement shall be construed to create a liability to any person who is not a party to this Third Amended Agreement and nothing herein shall waive any of the party's defenses, both at law or equity , to any claim, cause of action or litigation filed by anyone not a party to this Third Amended Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. Page 5 of 14 ARTICLE X INSURANCE During the performance of the Services under this Third Amended Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate Carriers of at least an "A-" or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate; and with property damage limits of not less than $100,000 for each occurrence, and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident; and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to evidence such insurance coverage. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Third Amended Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Third Amended Agreement involving one party's disagreement, may include the other party to the disagreement without the other's approval. Page 6 of 14 ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Third Amended Agreement, either party may terminate this Third Amended Agreement by providing thirty (30) days advance written notice to the other party. B. This Third Amended Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Third Amended Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If this Third Amended Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V. of this Third Amended Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing infornlation to the OWNER and to the new consultant. If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Third Amended Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and sub -consultants for the accuracy and competency of their designs or other work performed pursuant to this Third Amended Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work, prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and sub consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Third Amended Agreement shall be personally delivered to; or telecopied to; or mailed to the Page 7 of 14 respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein: To CONSULTANT: Freese and Nichols, Inc. Robert Pence, Senior Vice -President 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Fax: (817) 735-7491 To OWNER: City of Denton, Texas City Manager 215 East McKinney Denton, Texas 76201 Fax: (940) 349-8596 All notices given under this Third Amended Agreement shall be effective upon their actual receipt by the party to whom such notice is given. ARTICLE XV ENTIRE AGREEMENT This Third Amended Agreement consisting of twelve (12) pages and one (1) Exhibit constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Third Amended Agreement. ARTICLE XVI SEVERABILTY If any provision of this Third Amended Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Third Amended Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Third Amended Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended. Page 8 of 14 ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Third Amended Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise during the term of this Third Amended Agreement. B. All services required hereunder will be performed by CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Third Amended Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Third Amended Agreement and shall not transfer any interest in this Third Amended Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER in writing of any change of its name as well as of any significant change in its corporate structure or in its operations. ARTICLE XXI MODIFICATION No waiver or modification of this Third Amended Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto arising out of, or affecting this Third Amended Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. Page 9 of 14 ARTICLE XXII EFFECT OF AMENDMENT Except as specifically provided for by the Third Amended Agreement, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the parties set forth in the previous Agreements, dated May 16, 2000, April 17,2001, and October 2, 2001, shall remain in full force and effect. ARTICLE XXIII MISCELLANEOUS A. The following exhibit is attached to, incorporated herewith by reference, and is made a part of this Third Amended Agreement for all purposes pertinent: Exhibit "A" --"Geotechnical Engineering Services for Lake Ray Roberts Water Treatment Plant Finished Water Transmission Pipeline for the City of Denton, Texas -- September 2001". B. CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under this Third Amended Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Third Amended Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. C. Venue of any suit or cause of action under this Third Amended Agreement shall lie exclusively in Denton County, Texas. This Third Amended Agreement shall be governed by and construed in accordance with the laws of the State of Texas. D. For purposes of this Third Amended Agreement, the parties agree that the Project Principal shall be Ray Longoria, Principal, P.E., and the key persons who will perform most of the work as the Project Team, include the Senior Geotechnical Engineer, Charles N. Easton, P.E. This Third Amended Agreement has been entered into with the understanding, expectation, and the OWNER's reliance, that the above -stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project. Any proposed changes regarding the change of the Project PrincipalManager or other key personnel, requested by CONSULTANT, respecting one or more of the above -stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control. E. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the Page 10 of 14 provisions hereof in accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Third Amended Agreement. OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information. G. The captions of this Third Amended Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Third Amended Agreement. IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this Third Amended Agreement in four (4) original counterparts, by and through its duly -authorized City Manager; and CONSULTANT has executed this Thirtl.. Amended t�greement by and through its duly -authorized undersigned officer on this the �Q_ day of 2001. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: lA/AJ APPR VED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "OWNER" CITY OF DENTON, TEXAS CITY MAN di' Page 11 of 14 ATTEST: "CONSULTANT" FREESE AND NICHOLS, INC. A Texas Corporation By: O �e,YYt t-cc ✓' Yl�-✓S��2C 4L Page 12 of 14 EXHIBIT A Geotechnical Engineering Services for Lake Ray Roberts Water Treatment Plant Finished Water Transmission Pipeline for the City of Denton, Texas -- September 2001 SCOPE OF WORK 1. Review the Dallas Sheet of the Geologic Atlas of Texas and the Soil Survey of Denton County, Texas to determine general subsurface conditions to be expected along the proposed pipeline alignment. 2. Review the pipeline plans provided by the City to identify general locations where borings are desirable, such as at bored road crossings, stream crossings, and major changes in expected soil conditions. 3. Select approximate locations for fourteen exploratory borings. The City will select and stake the specific locations after checking underground utilities, other existing construction, and accessibility. 4. Subcontract with a drilling firm to drill fourteen borings averaging 20 feet deep, obtain samples for testing at five-foot intervals, core bedrock a length of five feet each in two borings, and backfill borings with cuttings or bentonite chips as directed. 5. Provide a geologist or engineering intern experienced in logging borings to direct the drilling, log the borings, record recovery and RQD of rock cores, and handle the samples 6. Coordinate with the drilling firm, City, and FNI geologist or engineer to schedule and complete the field investigation. Locate borings by taping with reference to existing features shown on the plans and estimate surface elevations from contours shown on the plans. 7. Obtain one additional sample from each boring from a depth within the pipe zone for corrosion testing by the OWNER'S corrosion consultant. Ship the additional samples to the corrosion consultant. 8. Select samples for laboratory testing, assign tests, deliver the samples to a subcontract laboratory selected by FNI for testing, and review the test results. Testing is expected to include 20 to 30 classification series (water content, liquid and plastic limits, and percent passing #200 sieve), 15 to 20 unconfined compression of soil samples, 4 unconfined compression of rock samples, and 20 to 30 water content tests. 9. Review the subsurface conditions and soil properties disclosed by the investigation and discuss the implications for design with FNI pipeline designers. 10. Prepare a report of the geotechnical investigation presenting the boring locations, boring logs, laboratory test results, a discussion of the general subsurface conditions along the route and their influence on design, a discussion of construction issues, and recommendations for design. 11. Consult with FNI designers and the City during design to help apply the findings of the investigation to specific design issues. Page 13 of 14 P Np P m P P m O O O pN�O m Nmm((yy b 1OOln eP-�^19 OOP Vim fR M fA M � 191A !9 � M O H P P P P N m M m N PmP' Pm m M 3 N m H N a � J � m y a E `o C7 m H U m 15 F = y O y N m'm N m 0 m E ¢`OUa u ry m P m m r m m N v w 00 O O N P m N Qg O O O O O m O - N m N N m N O m 1° Or N N N P m0 0000 O O O O O O W O O O N O O RW �M w M� c N °' c m NLO m' O t C `v y 0 ° m E u �d Ud K m -di =32 O N O N N 1� P Ih N O O O O O O O O Q M n fAm�M 12. Review selected plans and specifications to verify that recommendations have been interpreted as intended and reflected in the documents. CITY OF DENTON RESPONSIBILITIES l . Designate an individual to serve as the sole point of contact for FNI for coordination and contracting issues. 2. Obtain right of entry for drilling from landowners and users. 3. Coordinate with landowners and users to enable field work. 4. Provide any surveying needed to determine the boring locations and ground surface elevations. 5. Provide any towing required due to soft ground conditions. 6. Repair or compensate property owners for any damage, including but not limited to ruts and cracked slabs, caused by normal access and operation of exploration equipment. FEE PROPOSAL The costs of work by subcontractors for drilling and laboratory testing will be charged at actual cost plus ten (10) percent. The charges for drilling are expected to be between $5,400 and $7,150. The charges for testing are expected to be between $3,300 and $4,400. FNI's compensation for the labor and direct non -labor expense will be a lump sum of $12,000. The cost estimate on which this fee is based is attached at Exhibit B. The total recommended budget is $23,550. S:\Our Documents\Contracts\01 Treese & Nichols Third Amendment to PSA - 2001.doc Page 14 of 14