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Item 4F MemoCITY OF 5©UTHLAKE MEMORANDUM (February 4, 2020) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4F Subject: Approve an Engineering Services Agreement (ESA) with Freese and Nichols, Inc. (FNI) to provide engineering design services for Residual Control Systems located at the Pearson and T. W. King Pump Stations in an amount not to exceed $318,171. Action Requested: Approve an Engineering Services Agreement (ESA) with Freese and Nichols, Inc. (FNI) to provide engineering design services for Residual Control Systems located at the Pearson and T. W. King Pump Stations in an amount not to exceed $318,171. Background Information: As part of the 2017 Water Quality Evaluation Report completed by Freese and Nichols, Inc. (FNI), recommendations were provided to install residual control systems at the Pearson and T.W. King Pump Stations. As the water provider, the City of Southlake has the responsibility to maintain drinking water quality throughout the distribution system to all customers. Currently, the City purchases its water from the City of Fort Worth through a Wholesale Purchase Agreement and is at the outreach of their distribution system. To maintain optimal water quality throughout the distribution system, the Water Division utilizes best practices to prevent water decay as it's delivered from Fort Worth, such as the use of mixing systems in all of Southlake's storage tanks and frequent flushing. The Water Division can only prevent accelerated water decay but cannot currently increase the chloramine level of the water received from Fort Worth. Due to Southlake's Operational preference, FNI recommends the installation of on-site hypochlorite generation and injection systems at the City's pump stations. This system will inject hypochlorite into the supply line that is entering the storage tank. This will assist with emergency preparedness and mitigate emergency flushing, reducing unnecessary water loss, ultimately maintaining water quality positively impacting residents' health, and ensuring the City Page 1 of 2 Item 4F maintains its "Superior" water rating by the Texas Commission on Environmental Quality (TCEQ). The proposed ESA will provide design plans for the on-site hypochlorite generation systems at both pump stations. The scope will include general meetings, project management, regulatory coordination, design, and construction phase services. Financial Considerations: Funding for Residual Control Systems to be located at North Pearson Lane and T.W. King Road is budgeted as part of the approved Capital Improvement Program. This agreement is within the project budget. Strategic Link: This item links to the City's Strategy Map strategic focus areas of Safety & Security, Infrastructure, and Performance Management & Service Delivery. It specifically relates to the City's Corporate Objectives, C1: Achieve The Highest Standards Of Safety & Security, 136: Optimize Use Of Technology, and F2: Invest To Provide & Maintain High Quality Public Assets. Citizen Input/ Board Review: None. Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The City Council may approve or deny the agreement. Staff Recommendation: Approve an Engineering Services Agreement (ESA) with Freese and Nichols, Inc. (FNI) to provide engineering design services for Residual Control Systems located at the Pearson and T. W. King Pump Stations in an amount not to exceed $318,171. Supporting Documents: Attachment A: Engineering Services Agreement Attachment B: Location Maps Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Kevin Ferrer, P.E., Civil Engineer Page 2of2 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this day of , 2020 by and between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Freese and Nichols, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, CITY contemplates the need to install Residual Control Systems in City water storage facilities to maintain Water Quality. This project is to be known as the Pearson and T.W. King Residual Control Implementation project and hereinafter referred to as the "Project". WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary engineering work upon which the Project is based and is willing and able to work with CITY staff to organize and coordinate the professional services necessary to complete the Project. NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments on the dates and in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment A which is attached hereto and incorporated by reference as if fully set forth herein. I. ARTICLE ENGINEERING SERVICES A. Scope of Work ENGINEER will provide the supervision, direction, personnel and equipment to perform the engineering Services outlined in Attachment A in accordance with the terms set forth in this Agreement and in Attachment A. B. Definitions Services refer to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and/or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. Page 1 D. Coordination with Owner The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY's possession relative to existing facilities and to the Project. E. Site and Local Conditions ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER's employees will be made with CITY. F. Assignment and Subcontractors/Third Party Rights The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior written consent of CITY. G. Independent Contractor ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. H. Disclosure By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. Page 2 I. Approval by CITY Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be a waiver or an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGINEER's professional services or in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by CITY signifies the CITY's approval of only the general design concept of the Improvements to be constructed. J. Indemnification ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. K. No Third Party Beneficiary For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity (except the indemnitees identified or described in Article I, Section J., above), notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and ENGINEER, or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations they owe to either CITY or ENGINEER. L. Successors and Assigns CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party to this Agreement and to the successors, Page 3 executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. II. ARTICLE CITY'S RESPONSIBILITIES CITY will: 1. Provide full information as to CITY's requirements for the Project; 2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's control or knowledge which is pertinent to the Project, including executed right-of-way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY's decisions; 7. Provide all information and criteria as to the CITY's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction. 8. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. 10. Provide any other information or assistance as outlined in Attachment B hereto. Page 4 III. ARTICLE COMPENSATION FOR ENGINEERING SERVICES The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work contemplated in Article I, the ENGINEER shall be paid on a lump sum basis in the amount of $167,070 for Basic Services for Pearson and in the amount of $151,101 for Basic Services for T.W. King and on an hourly basis plus expenses as billed monthly by ENGINEER. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for any services and expenses incurred in accordance with the work performed subject to the limits set out in Article III. Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by such records or other written proof as CITY deems necessary to verify the billings. Invoices shall be made to City Finance Department's office at 1400 Main Street, Suite 440, Southlake, Texas 76092. If CITY fails to make payment due ENGINEER within thirty (30) days of the day when payment for services and expenses is due under the terms of this Agreement, ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the Texas Government Code. V. ARTICLE ADDITIONAL ENGINEERING SERVICES In addition to performing the engineering services set out in Article I, hereof, ENGINEER agrees to perform additional services as requested by CITY from time to time and CITY agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard hourly fee and expenses (see Attachment B) for actual time expended and actual out-of-pocket sums expended, such services to be one or more of the following: 1. Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Preparation of environmental impact assessments or statements for any governmental agency; Page 5 4. Miscellaneous engineering work for CITY not related to the Project; 5. To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; 6. Other services agreed to by the parties in writing and incorporated herein. VI. ARTICLE STANDARD OF CARE In performing its professional services, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided and in accordance with any applicable governmental laws, regulations and ordinances. VII. ARTICLE PERIOD OF SERVICE This Agreement shall be effective upon execution by CITY and ENGINEER, and shall remain in force until work is completed on the Project or until terminated under the provisions hereinafter provided in Article VIII. VIII. ARTICLE TERMINATION The CITY may terminate this Agreement at any time for convenience, with or without cause by giving written notice to the ENGINEER. Such termination may be made effective on such future date as agreed by the parties, but absent such agreement shall be immediate. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE OWNERSHIP OF DOCUMENTS 1. All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shall become the property of CITY if this Agreement is Page 6 terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY's sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's expense, insurance of the type and of minimum coverage limits as follows: 1. Workers Compensation - Statutory Employer's Liability - Limits as required by the State of Texas. 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY within ten (10) business days after execution of this Agreement and prior to issuing Notice to Proceed. Such certificates shall provide that the insurer will give CITY not less than ten (10) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. Page 7 XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Design Phase for the Pearson Tank Project is planned to be completed as expeditiously as possible. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to CITY's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation as agreed upon by CITY and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: Shana Yelverton City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817-748-8400 Fax: 817-748-8010 If to ENGINEER: David Jackson Vice President Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone: (214) 217-2257 All notice shall be effective upon the date of receipt. Page 8 XIII. ARTICLE SEVERABILITY In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. XIV. ARTICLE VENUE -LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to be executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: Shana Yelverton, City Manager ATTEST: By: City Secretary Page 9 ENGINEER: Frccse a, id Nichols, Inu. (W By: ly Bub Pence, c;haii man at the Buard THE STATE OF TEXAS § COUNTY OF TARKAIq i § Before me on this day proved to me on the oath o - (description of identity card I subscribed to the tureguing C118i-rrnan 9ikt boa t to me that he/she executed expressed. personally appeared b8b 1 ew f- known to me [or or thruayh AOWA Ir other ducament)j to 5e the l3erson whu se name is instrament and that he/she is the duly authorized E Lirese ari Nic-hgO , TAc,. , and acknowledged the same for the purposes and consideration therein Given ander my hand and seal at atriue this 'o�l_t�o day of , A.D.�O.ZD Nutaiy Kbliu, State OT I eAas ' ACAis RARPEK * NoUry PaNk, State 5F Tam comm.150res 10 -02 -ma Roury ID 1037100-6 Notary's Name Printed Page 1 u ATTACHMENT A SCOPE OF SERVICES Pearson and T.W. King Residual Control Implementation Project PROJECT UNDERSTANDING: The City of Southlake desires to install Residual Control Systems at the Pearson and T.W. King Ground Storage Tanks to improve disinfectant residuals throughout their Water Distribution System. Freese and Nichols, Inc. (FNI) is nearing completion of a study to evaluate alternative chemical strengths and storage options, and the City has decided to implement a system at the Pearson site utilizing the following elements: 1. UGSI Residual Control System (as sole -source selection), which is designed to complement the previously installed tank mixing system 2. Onsite generation of sodium hypochlorite solution 3. Liquid ammonium sulfate purchased as 40% solution in portable drums 4. Construction or adaptation of a building at the site to house chemical feed equipment This agreement provides for engineering design and construction phase services, as well as regulatory coordination with the Texas Commission on Environmental Quality (TCEQ). TCEQ coordination will consist of a variance request to authorize design features not addressed in the state water system design criteria, followed by submission of plans and specifications prior to construction. The variance request is proposed to include both the Pearson site and the T.W. King site, with the second site scheduled to be implemented as a subsequent phase following completion of the Pearson site. SCOPE OF WORK: BASIC SERVICES Task A: General Meetings and Project Management Al. General Prosect Management and Coordination: FNI will perform general administrative duties associated with the project including progress monitoring, scheduling, general correspondence, office administration and invoicing for the scope items identified below. These duties include maintaining routine contact with the City to help meet the needs of the City in a timely manner and executing the work in accordance with the scope, budget, and schedule. Task B: Regulatory Coordination Services B1. Variance Request: FNI will prepare and submit a design criteria variance request to the Texas Commission on Environmental Quality (TCEQ) to allow implementation of the proposed system at the Pearson and T.W. King tank and pump station sites. FNI will monitor review status and correspond with TCEQ as needed through the variance review process. B2. Plans and Specifications Review: FNI will submit plans and specifications for each site to the TCEQ for review prior to the start of the bid phase. FNI will monitor review status and correspond with TCEQ as needed through the review process. 1 of 5 Task C: Design Phase Services C1. Preliminary Design Phase: FNI shall provide professional services in this phase as follows: a. Advise Client as to the necessity of Client's providing or obtaining data or services from others and assist Client in connection with any such services. b. Provide analyses of Client's requirements for the Project, including planning, surveys, site evaluations and comparative studies of prospective sites and solutions. C. Prepare a Design Memorandum containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and some alternative solutions available to Client and setting forth FNI's findings and recommendations with opinions of probable construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. The alternate solutions shall be limited to not more than three (3). Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline specifications. d. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Project Costs. e. Provide design submittal at approximately 30% design milestone. f. Furnish three (3) printed copies and one (1) electronic copy (.pdf format) of the above preliminary design documents and present and review them with Client at Client's offices. C2. Design Phase: FNI shall provide professional services in this phase as follows: a. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts of improvements to be constructed (if surveys are to be furnished, they are Additional Services, pursuant to Article V). b. Furnish such information necessary to utility companies whose facilities may be affected, or services may be required for the Project. C. Prepare revised opinion of probable construction cost. d. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. e. Provide design submittals at 60% and 100% design milestones. f. Furnish Client three (3) sets of printed copies and one (1) electronic copy (.pdf format) of drawings, specifications, and bid proposals marked "Preliminary" for approval by Client, for each design submittal as described above. Upon final approval by Client, FNI will provide Client one (1) set of reproducible "Final" drawings and one (1) loose set of specifications for reproduction by Client. g. Meet with Client at Client's offices following submittal of 60% design documents to review the progress and obtain agreement with design intent or changes needed for incorporation into final drawings and specifications. Task D: Construction Phase Services D1. Bid or Negotiation Phase: Bid phase services assume a conventional design -bid -build approach to construction. If another approach is desired such as Competitive Sealed Proposals or CM at Risk, then those services would be Additional Services to the contract. Upon completion of the design services and approval of "Final" drawings and specifications by Client, FNI shall provide professional services in this phase as follows: a. Assist Client in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for Client to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by Client. b. Distribution of electronic documents to on-line plan rooms. Upload electronic sets to BiclSync 2 of 5 for Contract Document sales to prospective bidders and notification of plan rooms. Assist Client with advertisement on CIVCAST. C. Maintain information on entities that have been issued a set of bid documents. d. Assist Client by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. e. At Client request, FNI will assist Client in opening, tabulating, and analyzing the bids received. Review the qualification information provided by the bidder offering the apparent best value to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by Client. Pre -qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. f. Assist the Client in conducting a pre-bid conference for the construction projects and coordinate responses with Client. Response to the pre-bid conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre-bid conference. g. Assist Client in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Client and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Client with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an Additional Service. h. Furnish contractor two printed and one electronic (.pdf) copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. D2. Construction Phase General Representation: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase general representation services as described below for each construction contract. FNI will endeavorto protect Client in providing these services. However, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the Client agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. a. Assist Client in conducting pre -construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. b. Establish communication procedures with the Client and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and 3 of 5 summarize project costs, cash flow, construction schedule and pending and approved contract modifications. c. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. e. Assist Client in conducting up to four (4) construction progress meetings with the Contractor and Client, including preparing and circulating copies of the meeting minutes. Construction progress meetings will be coordinated by FNI on a monthly basis and be conducted at a location designated by the Client. f. Make four (4) visits to the construction site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Client against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Client. Visits to the site in excess of the specified number are an Additional Service. g. Notify the Client of non -conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. h. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by Client and is not included in the services to be performed by FNI. i. Interpret the drawings and specifications for Client and Contractor. Investigations, analyses, and studies requested by the Contractor and approved by Client, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Client to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Client. Documentation of field orders, where cost to Client is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Client are an additional service. Substitutions of materials or equipment or design modifications requested by the Client are an additional service. 4of5 k. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Client on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Client if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. Conduct, in company with Client's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two (2) trips are an Additional Service. m. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Furnish Client two (2) sets of printed copies and one (1) electronic copy (.pdf format) of "Record Drawings." Upon authorization from Client, provide the same scope of services (Task A, Task C and Task D) for T. W. King Tank Site. Beginning of second project is estimated to occur approximately two years after initiation of initial project. 5 of 5 ATTACHMENT B HOURLY RATE SHEET Compensation to FNI shall be the lump sum fee of Three Hundred Eighteen Thousand One Hundred Seventy One Dollars ($318,171.00). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify CLIENT for CLIENT'S approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charges: Bulk Printing and Reproduction Position Min Max Professional 1 75 138 Professional 2 101 186 Professional 127 208 Professional 142 224 Professional 170 284 Professional 179 365 Construction Manager 1 93 166 Construction Manager 2 102 174 Construction Manager 3 140 192 Construction Manager 176 260 CAD Technician/Designer 1 62 119 CAD Technician/Designer 2 91 141 CAD Technician/Designer 3 118 189 Corporate Project Support 1 45 115 Corporate Project Support 2 68 156 Corporate Project Support 3 90 244 Intern / Coop 40 78 Rates for In -House Services Technology Charge Bulk Printing and Reproduction $8.50 per hour B&W Color Small Format (per copy) $0.10 $0.25 Travel Large Format (per sq. ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy / Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2.00 Binding (per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performingthe same orsimilar services. These ranges and rates will be adjusted annually in February. Last updated February 2019. 340022019 All !s kj .n k U ban Air.ira � rol ie .���{ l d AAvt i tra _ Google , Location Map