Item 4F- Attachment A ESAPage 1
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this _____ day of ____________, 2023 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 design and construct improvements
for the T.W. King Pump Station and extend the City fiber optic line, this project is to be
known as the T.W. King Pump Station Phase I Improvements 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
ENGINEERs 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.
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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 CITYs 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 ENGINEERs 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.
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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 ENGINEERs 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
CITYs 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. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO
THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND
SHALL BE CONSTRUED TO THAT EFFECT.
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,
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administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITYS RESPONSIBILITIES
CITY will:
1. Provide full information as to CITYs requirements for the Project;
2. Assist ENGINEER by placing at ENGINEERs disposal all information in
CITYs 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 ENGINEERs work or in
Contractors 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 CITYs
decisions;
7. Provide all information and criteria as to the CITYs 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
ENGINEERs 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
through Attachment F3 hereto.
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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 $335,364 for Basic Services and on an
hourly basis plus expenses in an amount not to exceed $258,707 (as outlined in the
attached proposal) with a total not to exceed cost ceiling of $594,071 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. ENGINEERs 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 Departments 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
ENGINEERs standard hourly fee and expenses (see Appendix 1) 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;
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2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection
is not required, in writing, by the CITY;
6. 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.
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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
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
CITYs sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEERs
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employers 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 CITYs consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractors
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 CITYs acceptance of the construction project and shall not be canceled
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without prior written notice to CITY. In this connection, upon the signing and return of
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to 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 ENGINEERs compensation, it
shall be modified accordingly, subject to CITYs 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: Scott Cole, P.E.
Principal | Vice President
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Freese and Nichols, Inc.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Phone: (817) 735-7300
Email: sac@freese.com
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
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:
By: _________________________________
John Huffman, Mayor
ATTEST:
By: _________________________________
City Secretary
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ENGINEER: FREESE AND NICHOLS, INC.
By: _____________________________________
Scott A. Cole, P.E., Principal | Vice President
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared ______________ known to me [or
proved to me on the oath of _______________ or through ___________________
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
______________________ of _____________________________, and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this _____ day of __________,
A.D.______.
______________________________________
(SEAL) Notary Public, State of Texas
____________________________________
Notarys Name Printed
801 Cherry Street, Suite 2800 + Fort Worth, Texas 76102 + 817-735-7300 + FAX 817-735-7491
June 8, 2023
Jeff Ginn
Deputy City Engineer
City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
Re: TW King Pump Station Improvements Study
Dear Mr. Ginn & Southlake Team:
Freese and Nichols is pleased to present the following scope of services for the TW King Pump station
Improvements Study. The following paragraph is a summary of our understanding of the project and is
expanded upon in the attached scope of services document.
The TW King Pump Station Improvements is a multi-phase improvement project that includes, fiber
connection & electrical upgrades, enclosure of the outside pump station, generator installation, additional
ground storage tank, and necessary grading. FNI will prepare an evaluation study to determine which
improvements will be prioritized in earlier phases and make recommendations for construction. FNI will
also prepare the design of the sanitary sewer conversion and the fiber optic extension in conjunction with
the study phase for the remaining improvements for the site.
To provide the scope of services, Freese and Nichols will perform the necessary professional services for
a lump sum fee of three hundred and thirty-five thousand, three hundred and sixty-four dollars ($335,364)
for the Basic Services, and a not to exceed fee of two hundred and fifty-eight thousand, seven hundred
and seven dollars ($258,707) for the Special Services which makes the total fee, five hundred and ninety-
four thousand, seventy-one dollars($594,071).
We are thankful to submit this scope and fee for your consideration. We look forward to discussing this
with you soon.
Sincerely,
Andrew Franko Andrew Richardson
Attachments:
Scope of Services
www.freese.com
ATTACHMENT SC
CO-1 FNI__________
OWNER______
Scope of Services for TW King Pump Station Improvements Study
The Scope set forth herein defines the work to be performed by the ENGINEER in completing the project.
Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the
needs of the Project. Under this scope, “ENGINEER” is expanded to include any sub-consultant, including
surveyor, employed, or contracted by the ENGINEER.
GENERAL OVERVIEW
Freese and Nichols, Inc., (ENGINEER) has been contracted by the City of Southlake (CITY) to perform an
evaluation study for potential improvements at the TW King Pump Station as outlined in the 2023 CIP plan.
The TW King Pump Station Improvements (PROJECT) is a multi-phase improvement project that includes, fiber
connection & electrical upgrades, enclosure of the outside pump station, generator installation, additional
ground storage tank, and necessary grading. The ENGINEER will prepare an evaluation study to determine
which improvements will be prioritized in earlier phases and make recommendations for construction. The
ENGINEER will also prepare the design of the sanitary sewer conversion and the fiber optic extension in
conjunction with the study phase for the remaining improvements for the site.
WORK TO BE PERFORMED
Task 1. Project Management
Task 2. Site Evaluation and Engineering Report
Task 3. Sanitary Sewer Conversion Improvements
Task 4. Fiber Optic Extension
BASIC SERVICES: Freese and Nichols, Inc (FNI) shall render the following professional services in connection
with the development of the Project:
1. Project Management
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER’S
and CITY’S time and resources. ENGINEER will manage change, communicate effectively, coordinate
internally as needed, and proactively address issues with the CITY’S Project Manager and others as
necessary to make progress of the work. ENGINEER will:
a. Conduct a Project Kickoff Meeting, interim submittal review meetings, pre-bid meetings, pre-
construction meetings, and monthly construction meetings.
b. Provide Administration and Management of the project, including:
i. Monthly One Page Reports including Status of Work, upcoming deliverables,
summary of outstanding issues, and an updated project schedule
ii. Project Manager Reports and Client Invoicing
iii. Development and implementation of the Quality Control and Assurance plans
iv. Develop and maintain the project schedule and Action Items and Decisions Made Log
v. Agenda and Meeting Minutes for All Meetings
vi. Develop a comment log of all submittals to be updated with responses to all City
comments and descriptions of how comments were addressed.
ATTACHMENT SC
CO-2 FNI__________
OWNER______
2. Site Evaluation and Engineering Report
a. Deliverables
i. FNI will develop a draft site engineering report and meet with the City’s stakeholders
to discuss the initial results and receive comments.
ii. FNI will submit a final site engineering report. A total of four study documents will be
sent to the City. FNI will meet with the city to discuss the final results of the study.
iii. drawings will be submitted to the City at each submittal, along with electronic files.
b. Civil/Water Transmission Evaluation
The Civil/Water Transmission Evaluation will include but is not limited to:
i. Evaluation of current drainage and required drainage based on requested
improvements. Recommendations for additional 5 MG ground storage tank (GST)
location and piping required to connect.
ii. Evaluation of current yard piping and the requested improvements on site. A
recommendation of interim and final yard piping layouts to connect the existing and
proposed pumps to the new GST and potential redundant water supply.
Recommendations will be made to ensure the site is operational during construction
and construction phases.
iii. Review of existing pump station and recommendations for the installation of
additional pumps and construction of new building.
iv. Preparation of several design figures with sample layouts scaled and dimensioned for
review and decision making on final recommendations.
v. Coordination with Tank and pump manufacturers to ensure constructability of all
recommendations.
c. Electrical
i. The existing Southlake TW King Pump Station electrical switchgear and motor
controllers are housed inside of the pump station building. The equipment has
exceeded its expected life and should be replaced with the pump station expansion.
There is no backup power to the pump station in the event of electrical utility failure.
To improve the reliability of the electrical system at the TW King Pump Station, the
City and OWNER desire to make improvements to the electrical systems at the pump
station. FNI prepared conceptual level electrical equipment and generator sizing
along with conceptual opinions of probable construction cost for the City and CLIENT.
The following major components are included as part of this Project design:
ii. Phase I:
• Fiber optic cable will be extended to the TW King Pump Station and tie into
a new SCADA system to integrate into the City’s fiber network.
• A new 480V Standby diesel generator with a 24-hour storage tank and an
upgraded 480V switchboard with an automatic throwover controller to
transfer power from the utility to the new standby generator will be
provided. The generator will be sized for the current pump station motors
ATTACHMENT SC
CO-3 FNI__________
OWNER______
and accessories loads while planning for the ultimate buildout of the pump
station in the remaining phases. The initial sizing of the generator is 3000kW
to provide power to all current and future pumps; however, that will be
confirmed during the design. The switchboard will provide power to the new
motor controllers as well as the miscellaneous loads throughout the pump
station, while saving space compared to the existing switchgear since it does
not require rear access.
• Motor controllers utilizing a combination of variable frequency drives (VFDs)
with a bypass contactor and power factor correction capacitors will be
designed for the existing three 400HP pumps at the pump station. The VFD
will be used to start the pumps and provide variable speed. The bypass
contactor will be utilized when the pump reaches 100% speed for a set time
period. Power factor correction will be utilized to avoid fines from the utility
company while running on the bypass contactor.
• An automatic gate along the south entrance will be installed to permit access
for maintenance.
• A chlorine residual control system will integrate into the new SCADA system
for monitoring and maintenance of chlorine residuals in the ground storage
tanks.
• A sewer conversion will be designed to replace the existing septic system.
iii. Phase II:
• Install two additional motor controllers for the new lower pressure plane
pumps utilizing a combination of variable frequency drives (VFDs) with a
bypass contactor and power factor correction capacitors will be designed for
the existing three 400HP pumps at the pump station. The VFD will be used
to start the pumps and provide variable speed. The bypass contactor will be
utilized when the pump reaches 100% speed for a set time period. Power
factor correction will be utilized to avoid fines from the utility company while
running on the bypass contactor.
iv. Phase III:
• Install two additional motor controllers for the new upper pressure plane
pumps utilizing a combination of variable frequency drives (VFDs) with a
bypass contactor and power factor correction capacitors will be designed for
the existing three 400HP pumps at the pump station. The VFD will be used
to start the pumps and provide variable speed. The bypass contactor will be
utilized when the pump reaches 100% speed for a set time period. Power
factor correction will be utilized to avoid fines from the utility company while
running on the bypass contactor.
• Install instrumentation on new ground storage tank.
3. Sanitary Sewer Conversion Improvements
a. Deliverables
ATTACHMENT SC
CO-4 FNI__________
OWNER______
i. FNI will design the conversion from the existing septic tank sewer system on site to a
traditional sewer system. The proposed improvements will utilize the existing
favorable grade and connect to the existing Southlake sewer system.
ii. Drawings will be submitted at 60% and 90% submittals, along with electronic files.
b. Level I (60%) Design
i. Identify and document potential crossing conflicts.
ii. Plan & Profile Drawings. Prepare plan and profile drawings of the sewer conversion
using available survey and SUE data. All drawings will be produced in AutoCAD Civil
3D.
iii. Prepare details necessary to install the sewer conversion, including manholes,
connection, and various details.
iv. Develop Opinion of Probable Construction Cost based on the intended design and
the current construction market conditions.
v. Submit four (4) sets of 11x17 bound plan sets and an electronic (.pdf) version of the
Level I Design Plans for review.
vi. Coordinate and attend Level I Design Review Meeting. Incorporate comments and
revisions into the Level I Plans. Respond in writing to all comments received during
the Level I Review Meeting.
c. Level II (90%) Design
i. Based on comments from Southlake’s Engineering and operations department,
update design to meet Southlake’s expectations.
ii. Finalize plan, profile, and detailed drawings to further refine the design.
iii. Update Opinion of Probable Construction Cost based on updated design.
iv. Prepare necessary technical specifications to construct the sewer conversion.
v. Submit four (4) sets of 11x17 bound plan sets and an electronic (.pdf) version of the
Level II Design Plans for review.
vi. Coordinate and attend Level II Design Review Meeting. Incorporate comments and
revisions into the Level II Plans. Respond in writing to all comments received during
the Level II Review Meeting.
vii. Revise Level II Documents – Following the Level III Review Meeting and after receipt
of agency review comment, when applicable, review Level III Documents.
viii. Issue Final Bid Documents – A total of four (4) sets of 11x17 bound plan sets and an
electronic (.pdf) version of the Final Bid Document with be submitted to the City of
Southlake.
d. Bid Phase Services
i. Bid Phase Assistance:
1. FNI will provide the following hard copy documents to the City of Southlake:
2. Four (4) double sided bound set of specifications
3. Four (4) half size bound set of drawings
ATTACHMENT SC
CO-5 FNI__________
OWNER______
4. Conduct Pre-Bid Meeting with the City of Southlake
5. FNI to conduct one (1) site visit for Contractor coordination if directed by the
City of Southlake.
6. Development and maintenance of plan holders list
7. Responses to contractor questions on bids
8. Preparation and issuance of up to three (3) addenda
9. Review and tabulate received bids. FNI to back check bidder references
during bid tabulation.
10. Issue a recommendation to award letter to the City of Southlake PM.
11. Pending Notice of Award issuance by the City of Southlake, FNI to coordinate
with awarded Contractor to obtain signed contract documents and issue
conformed contract documents to all respective parties.
4. Fiber Optic Extension from West Dove Road to T.W. King GST and PS Site
a. Deliverables
i. FNI will submit a technical memorandum outlining the results of the fiber alignment
evaluation and a recommendation will be made to the CITY.
ii. Drawings will be submitted to the CITY at each submittal, along with electronic files.
b. Level II (60%) Design
i. Identify and document all required crossing permits.
ii. Design network hardware fiber optic connections at each end of the fiber alignment.
iii. Identify areas in need of subsurface utility engineering in accordance with the Special
Services. Coordinate with the Project Manager for concurrence on the locations.
iv. Plan & Profile Drawings – Prepare plan and profile drawings of the fiber raceway
(1”=50’) using the available Survey, SUE, Geotechnical, Corrosion and Environmental
data. All drawings will be produced in AutoCAD Civil 3D Version (or later).
v. Connection Details – Coordinate with other design teams to prepare demarcation
points between fiber connections.
vi. Traffic Control Plan – Provide necessary preliminary plans for portions of the project
that may need traffic control measures during construction.
vii. Update OPCC – Develop the opinion of probably construction cost based on new
information obtained during the Level II Design Phase, including quantity take-offs
for the detailed design of all work items to be included.
viii. Specification Preparation – Prepare a table of contents for the anticipated technical
specifications section.
ix. State Agency / Permitting / Utility Coordination – Incorporate the requirements of
the various agencies and utility companies regarding roadway, foreign utilities, and
stream and railroad crossings along proposed alignment into the Contract
Documents.
ATTACHMENT SC
CO-6 FNI__________
OWNER______
x. Submit four (4) sets of 11x17 bound plan sets and an electronic (.pdf) version of the
Level II Design Plans for review.
xi. Coordinate and attend Level II Design Review Meeting. Incorporate comments and
revisions into the Level II Plans. Respond in writing to all comments received during
the Level II Review Meeting.
c. Level III (90%) Design
i. Identify and document all required crossing permits.
ii. Design network hardware fiber optic connections at each end of the fiber alignment.
iii. Plan & Profile Drawings – Prepare plan and profile drawings of the fiber raceway
(1”=50’) using the available Survey, SUE, Geotechnical, Corrosion and Environmental
data. All drawings will be produced in AutoCAD Civil 3D Version (or later).
iv. Connection Details – Coordinate with other design teams to prepare demarcation
points between fiber connections.
v. Traffic Control Plan – Provide necessary preliminary plans for portions of the project
that may need traffic control measures during construction.
vi. Update OPCC – Develop the opinion of probably construction cost based on new
information obtained during the Level III Design Phase, including quantity take-offs
for the detailed design of all work items to be included.
vii. Specification Preparation – Prepare a table of contents for the anticipated technical
specifications section.
viii. State Agency / Permitting / Utility Coordination – Incorporate the requirements of
the various agencies and utility companies regarding roadway, foreign utilities, and
stream and railroad crossings along proposed alignment into the Contract
Documents.
• Prepare required details for crossing that incorporate individual entity
crossing requirements.
ix. Submit four (4) sets of 11x17 bound plan sets and an electronic (.pdf) version of the
Level III Design Plans for review.
x. Coordinate and attend Level III Design Review Meeting. Incorporate comments and
revisions into the Level III Plans. Respond in writing to all comments received during
the Level III Review Meeting.
xi. Revise Level III Documents – Following the Level III Review Meeting and after receipt
of agency review comment, when applicable, review Level III Documents.
xii. Issue Final Bid Documents – A total of four (4) sets of 11x17 bound plan sets and an
electronic (.pdf) version of the Final Bid Document with be submitted to the City of
Southlake.
d. Permitting
i. While the Fiber Optic Line will be installed within street ROW, FNI will meet any and
all Southlake permitting requirements.
ATTACHMENT SC
CO-7 FNI__________
OWNER______
ii. FNI will coordinate with TxDOT to ensure the design will meet TxDOT standards
where the final alignment is within TxDOT road ROW.
• FNI will help the City fill out the Utility Installation Review (UIR) application
for the final alignment within TxDOT ROW.
e. Bid Phase Services
i. Bid Phase Assistance:
• FNI will provide the following hard copy documents to the CITY:
• Conduct Pre-Bid Meeting with the CITY
• FNI to conduct one (1) site visit for Contractor coordination if directed by the
CITY.
• Development and maintenance of plan holders list
• Responses to contractor questions on bids
• Preparation and issuance of up to three (3) addenda
• Review and tabulate received bids. FNI to back check bidder references
during bid tabulation.
• Issue a recommendation to award letter to the City of Southlake PM.
• Pending Notice of Award issuance by the CITY, FNI to coordinate with the
awarded Contractor to obtain signed contract documents and issue
conformed contract documents to all respective parties.
ARTICLE II
Special Services: Special Services to be performed by FNI and its subconsultants, if authorized by Owner,
which are included in the proposed fee.
1. Topographic Survey for Fiber Optic Design
a. Establish project controls and benchmarks using global positioning system (GPS)
methodology. Horizontal values will be based on Texas State Plane Coordinate System,
North American Datum of 1983, north central zone (4202) and scaled to surface using the
grid to surface factor of 1.00012 (0,0 base point). The vertical values will be based on the
North American Datum of 1988 (NAVD88) using Geoid 18.
b. Research current property owners and obtain copies of subdivision plats, ownership deeds,
and existing easements along the project site.
c. Locate existing property corners and right-of-way corners to establish property lines and
street rights-of-way.
d. Design survey from right-of-way to right-of-way along the proposed alignment
(approximately 12,000 linear feet) to include pavement edges, curb and gutter, driveways,
culverts, fences, gates, signs, mailboxes, tops and toes of slopes, trees 6-inches and greater
(DBH), tree lines, surface locations of utilities and flowline elevations of sanitary and storm
sewer manholes where accessible, and other surface features.
e. Provide a digital design survey drawing in AutoCAD (.dwg) format showing surface features
located, and ASCII point file, and a copy of field notes/sketches.
2. Subsurface Utility Engineering (SUE) Survey for Fiber Optic Design
a. Quality Level B SUE
ATTACHMENT SC
CO-8 FNI__________
OWNER______
i. Perform Subsurface Utility Engineering (SUE) Quality Level B in general accordance
with the recommended practices and procedures described in American Society of
Civil Engineers (ASCE) Publication CI/ASCE 38-02 (Standard Guideline for the
Collection and Depiction of Existing Subsurface Utility Data). Utilize geophysical
prospecting equipment to designate the horizontal position of existing
underground utilities that are within the existing corridor. This level of work
includes acquiring as-built documentation from utility companies and contacting
their representatives. Designating will be performed within the expected corridor
width of the selected alignment. The QL “B” SUE field findings will be surveyed and
delivered in the form of a .dwg CAD base file.
b. Quality Level A SUE
i. Perform up to fifteen (15) Subsurface Utility Engineering (SUE) Quality Level A test
holes, in areas to be identified, in general accordance with the recommended
practices and procedures described in American Society of Civil Engineers (ASCE)
Publication CI/ASCE 38-02 (Standard Guideline for the Collection and Depiction of
Existing Subsurface Utility Data). The scope of work involves QL “B” designating of
the utilities to layout the test holes as initiated by FNI. The QL “A” field findings will
be surveyed and delivered in the form of a .dwg CAD base file and test hole
summary sheet.
3. Geotechnical Drilling at Kirkwood Creek Crossing
a. FNI will contract with a qualified drilling subconsultant to perform geotechnical bores at the
Kirkwood Branch creek crossing near the intersection of TW King and Kirkwood Boulevard.
Two bores will be performed to a depth of 40’. Cuttings will be taken and tested for
material properties at specific depths. After drilling, the holes will be filled with the
cuttings.
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not
included in the above-described basic services, are described as follows:
1. Final design of any recommended improvements not expressly described above.
2. Environmental services or archeological permitting.
3. Traffic Control plan and design.
4. Providing services to investigate existing conditions or facilities, make measured drawings thereof,
or verify the accuracy of drawings or other information furnished by CITY.
5. Provide renderings, models, and mockups.
6. Revising drawings, reports, or other documents when such revisions are 1) consistent with approvals
or instructions previously given by CITY or 2) due to other causes not solely within the control of
Professional.
7. Preparing Traffic Control Plans.
8. Preparing a Geotechnical Engineering Report and Recommendations.
9. Preparing a Stormwater Pollution Prevention Plan (SWPPP).
10. Investigations involving consideration of operation, maintenance, and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
ATTACHMENT SC
CO-9 FNI__________
OWNER______
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by CITY.
11. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
12. Preparing data and reports for assistance to CITY 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.
13. Performing investigations, studies, and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
14. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this Agreement. Such services, of any, shall be furnished by FNI on a fee
basis negotiated by the respective parties outside of and in addition to this Agreement.
15. Design, contract modifications, studies, or analysis required to comply with local, state, federal, or
other regulatory agencies that become effective after the date of this agreement.
16. Providing basic or additional services on an accelerated schedule. The scope of this service includes
the cost for overtime wages of employees and consultants, inefficiencies in work sequence, and
plotting or reproduction costs directly attributable to an accelerated schedule directed by the CITY.
17. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
18. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
19. Construction Phase services for the Fiber Optic Extension.
ARTICLE III
TIME OF COMPLETION: Professional is authorized to commence work on the project upon execution of this
Agreement and agrees to complete the services within eleven months of notice to proceed.
Professional reserves the right to extend the completion schedule due to CITY’s delays. Additional
compensation may be requested by the Professional if the project is unduly prolonged due to delays beyond
the control of the Professional.
ATTACHMENT CO
Min Max
Professional 1 91 179
Professional 2 109 179
Professional 3 130 280
Professional 4 130 319
Professional 5 203 350
Professional 6 224 424
Construction Manager 1 98 116
Construction Manager 2 98 175
Construction Manager 3 140 175
Construction Manager 4 161 224
Construction Manager 5 186 266
Construction Manager 6 256 315
Construction Representative 1 81 98
Construction Representative 2 91 98
Construction Representative 3 112 165
Construction Representative 4 116 186
CAD Technician/Designer 1 70 137
CAD Technician/Designer 2 112 168
CAD Technician/Designer 3 154 224
Corporate Project Support 1 63 137
Corporate Project Support 2 77 196
Corporate Project Support 3 91 361
Intern / Coop 49 84
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction Equipment
Standard IRS Rates B&W Color Valve Crew Vehicle (hour) $75
Small Format (per copy) $0.10 $0.25 Pressure Data Logger (each) $200
Technology Charge Large Format (per sq. ft.) Water Quality Meter (per day) $100
$8.50 per hour Bond $0.25 $0.75 Microscope (each) $150
Glossy / Mylar $0.75 $1.25 Pressure Recorder (per day)$100
Vinyl / Adhesive $1.50 $2.00 $275
Coating Inspection Kit (per day) $275
Mounting (per sq. ft.) $2.00 Flushing / Cfactor (each) $500
Binding (per binding) $0.25 Backpack Electrofisher (each) $1,000
Survey Grade Standard
Drone (per day) $200 $100
GPS (per day) $150 $50
OTHER DIRECT EXPENSES:
These ranges and/or rates will be adjusted annually in February. Last updated 2023.
350022023
Position
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. 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 1.10.
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 performing the same or similar
services.
Hourly Rate
Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of Three Hundred Thirty Five Thousand
Three Hundred Sixty Four Dollars ($335,364).
Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges, but shall not exceed Two Hundred Fifty Eight Thousand Seven Hundred Seven Dollars ($258,707).
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services
described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding.
Additional Services shall be computed based on the following Schedule of Charges.
COMPENSATION
Ultrasonic Thickness Guage (per day)