Item 4E - ESA TW KingAGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 2025 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, this project is to be known as the T.W. King Pump
Station Phase I Final Design 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
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.
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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 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.
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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 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. 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
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.
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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 $1,070,000 for Basic and Special Services
(as outlined in the attached proposal) with a total not to exceed cost ceiling of
$1,070,000 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;
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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
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
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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 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: Alison Ortowski
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 I Vice President
Freese and Nichols, Inc.
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801 Cherry Street, Suite 2800
Fort Worth, Texas 76102
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:
Shawn McCaskill, Mayor
ATTEST:
By:
City Secretary
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ENGINEER: FREESE AND NICHOLS, INC.
By: (Z
Scott A. C le, .E., Principal I Vice President
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared We known to me [or
proved to me on the oath of or through c
(description of identity card or other document)] to be the Oersi5n whose name is
ubscribad tip the foregoing instrument and that - he/s a is the duly authorized
[C� of �P�r _, and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
Givenunder my hand and seal of office this day of
A.D.�
GrWA MUUKluutc Notary Public, State oXTe
otary Public, State of Texas
Comm. Expires 07-17-2027
Notary ID13210014-4
Notary's Name Printed
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ATTACHMENT A
Scope of Services for TW King Pump Station Improvements -Phase I
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., (FNI) has been contracted by the City of Southlake (CITY) to perform the Phase
Improvements to the existing T.W. King Pump Station based on the previously performed evaluation study
performed by Freese and Nichols and sealed in October 2024.
The TW King Pump Station Improvements (PROJECT) is a multi -phase improvement project. Phase I will be
split between basic services and special services, described below:
1. The basic services will include the addition of a standby diesel generator. The generator will be sized
to start and run 4 pumps plus the miscellaneous loads such as lighting, instrumentation, and controls.
The generator will be housed in an outdoor sound attenuated weather protected enclosure rated at
60dBA at 7 meter from the generator set. The generator will also include a fuel tank for 24 hours of
continuous operation at 100 percent rated power output.
2. The special services will include the replacement of the three existing Low Pressure Plane pumps,
motors, and drives, the addition of a fourth pump, motor, and drive, and the modifications/lowering
of the existing cans. The existing pump can modifications will be made to comply with the latest HI
standards and will require the cutting of the existing pump station top slab to perform said
modifications. The pump, motor, and drive improvements will be made per the recommendations of
the previous TW King Pump Station Improvements Study and the Southlake Water Master Plan
previously performed by FNI. The proposed starter replacement and electrical improvements will be
made within the existing electrical room.
Future phases will include residual control system improvements, proposed ground storage improvements,
drainage improvements, electrical and communication improvement, and the commissioning of the high
pressure plane at the T.W. King Pump Station. The ENGINEER will provide design phase, bid phase, and general
construction representation services. The total fee of both the basic and special services is $1,103,067. The
excess fee captured in the study phase portion of the multi -phase project, totaling $33,067.00, will be applied
to the project. The total fee requested for the performance of the services described below equals
$1,070,000.
WORK TO BE PERFORMED
Task 1. Project Management
Task 2. Design Phase Services
Task 3. Bid Phase Services
Task 4. General Construction Representation.
A-1 FNI_454�
OWNtR
ATTACHMENT A
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, etc.
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.
2. Design Phase Services — Generator Design
a. Deliverables
L FNI will develop draft design plans, specifications, and construction cost estimates at
the 60%, 90%, 100% submittal phases. At each phase, FNI will provide the draft
submittal to the CITY for review and comment.
• At 60%, 90%, and 100% submittals FNI will provide the CITY with opinion of
probable construction costs, four sets of 11x17 bound plan sets, and
electronic .pdf versions for review.
• At 90% and 100% submittals, each submittal will include 4 copies of the
technical specifications and an electronic .pdf version for review.
* Each submittal phase will be followed by a draft review meeting to discuss
the overall progress of the submittal package. Comments that FNI receive
will be incorporated as revisions into the plans and specifications. Each
comment will be incorporated into a comment log and will be responded to
in writing.
ii. The final submittal package will include sealed project plans and specifications, ready
for the bid phase services.
A.2 FNI
OWNER
ATTACHMENTA
b. Civil/Water Engineering Design
60% Design
L Plan & Profile Drawings. Prepare plan and profile drawings of the proposed site plan
addition and the necessary improvements using available survey and SUE data. All
drawings will be produced in AutoCAD Civil 3D.
ii. Coordinate with the electrical team/scope for compatibility with the electrical design
and assist team with the generator load requirements.
iii. Coordinate with the chlorine residual improvements that will be designed as a part
of a separate design contract.
iv. Coordinate with Southlake Engineering. Schedule and prepare one in person
coordination meeting to determine preferred operations, preferred manufacturers,
etc. to assist in the initial design.
90% Design
L Based on comments from Southlake's Engineering and operations department,
update design to meet Southlake's expectations. Prepare technical specifications for
the project.
ii. Finalize plan, profile, and detailed drawings to further refine the design.
iii. Update Opinion of Probable Construction Cost based on updated design.
100% Design
L Based on comments from Southlake's Engineering and operations department,
update design to meet Southlake's expectations.
ii. Finalize full plan set with final plans, profiles, and details.
iii. Prepare final specification manual, including front end and technical specifications.
iv. Finalize the Opinion of Probable Construction Cost.
c. Electrical, Instrumentation & Controls Design
60% Design
Drawings. Provide electrical and instrumentation design to support a standby diesel
generator addition. Prepare 60% design detailed electrical and instrumentation
drawings to support the addition of a standby Diesel Generator. All drawings will be
produced in AutoCAD.
ii. Provide electrical site plans, one -line diagrams, process, and instrumentation
diagrams.
iii. Coordination with generator manufacturers to verify design conditions.
90% Design
L Update drawings to further refine the design such as technical specifications
including a process control narrative, and the rest of the electrical/instrumentation
drawings.
ii. Continue Coordination with generator manufacturers.
A-3 FNI_
OWNER
ATTACHMENT A
100% Design
iv. Finalize full plan set with final plans, profiles, and details.
d. Geotechnical Services
Task 1— Field Exploration
i. Select and mark two borings at the PS site and notify Texas 811 and the City to
request location and marking of existing underground utilities prior to the field
exploration.
ii. Subcontract with a geotechnical drilling contractor to drill the borings to the
following depths:
• 2 borings to a depth of 40 feet
• Samples will be collected intermittently using continuous flight augers and
either split -spoon or tube samplers. Rock and rock -like materials will be
cored or tested in situ using a TxDOT Cone Penetration Test. At
completion, the boreholes will be backfilled with auger cuttings and the
concrete pavement patched.
Provide an Engineer or Geologist experienced in logging borings to direct the drilling,
log the borings, and handle and transport the samples. Visual classification of the
subsurface stratigraphy shall be provided per the Unified Soil Classification System
(USCS).
Task 2 — Laboratory Testing
i. Testing shall be performed on samples obtained from the borings to determine soil
classification and pertinent engineering properties of the subsurface materials. FNI
will select samples for laboratory testing, assign tests, and review the test results.
Testing will be performed by a geotechnical testing subcontractor.
ii. Laboratory tests will be assigned based on the specific subsurface materials
encountered during exploration. Test type and quantity may vary, but are expected
to include:
• Classification tests (liquid and plastic limits and percent passing the no. 200
sieve or gradation)
• Moisture content
• Dry unit weight
• Unconfined compressive strength
Task 3 — Engineering Analysis
L Prepare a technical memorandum of the geotechnical investigation to include:
• Attachment with the boring locations, boring logs, laboratory test results,
and a key to the symbols used.
• Discussion of subsurface conditions and soil properties indicated by the field
and laboratory work, and the implications for design.
A-4 FNI�
OWNER
ATTACHMENT A
• Foundation and site preparation recommendations for the proposed pump
station improvements. Subgrade and backfill recommendations for the site
improvements.
Earthwork related recommendations for use during development of plans and specifications.
3. Bid Phase Services — Genset Package
a. Bid phase services assume a low bid process.
i. FNI will provide hard copy documents to the CITY:
ii. Conduct Pre -Bid Meeting with the CITY
iii. FNI to conduct one (1) site visit for Contractor coordination if directed by the CITY.
iv. Development and maintenance of plan holders list
V. Responses to contractor questions on bids
vi. Preparation and issuance of up to three (3) addenda
vii. Review and tabulate received bids. FNI to back check bidder references during bid
tabulation.
viii. Issue a recommendation to award letter to the City of Southlake PM.
ix. 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.
4. General Construction Representation — Genset Package
General Construction Representation will be provided by FNI. FNI will perform general
representation services during the construction phase of the project. FNI will endeavor to protect
the City 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 general
representation services include, but are not limited to, submittal reviews provided by the Contractor,
City RFIs or other construction related questions, assistance in bid and awarding of the project,
Contractor qualification review, Change Orders, Field Orders, and other items generally provided
during construction. This does not include any full-time or part-time resident representation by FNI.
Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of
construction phase services. The associated general construction representation scope of work and
fee assumes a 12 month construction time. Detailed daily construction inspection will be performed
by City personnel. Construction services provided by FNI will include the following:
a. Assist the City in conducting the pre -construction conference. City shall prepare an
agenda for the conference and prepare and distribute minutes. The pre -construction
conference shall include a discussion of the Contractor's tentative schedules,
procedures for transmittal and review of the Contractor's submittals, processing
payment applications, critical work sequencing, change orders, record documents, and
the Contractor's responsibilities for safety and first aid.
b. Review drawings and other data submitted by the Contractor as required by the
construction contract documents. Consultant's review shall be for general conformity
A-5 FNI
OWNER
ATTACHMENT A
to the construction contract documents and shall not relieve the Contractor of any of
his contractual responsibilities. Such reviews shall not extend to means, methods,
techniques, sequences, or procedures of construction, or to safety precautions and
programs incident thereto. Consultant shall maintain a log of all submittals on Freese
and Nichols's website. The log shall include the submittal number, title, date received,
review comments, date returned, date resubmitted, etc. Consultant will review up to a
total of forty five (45) construction submittals. Reviews in excess of this number will be
considered Additional Services.
c. Interpret construction contract documents when requested by the City or the
Contractor. The Consultant shall maintain a log of the requests for information (RFI
log). The log will include the date of the request, a brief description, reviewer, and date
of response.
d. Provide documentation and administer the processing of change orders, including
applications for extension of construction time. Evaluate the cost and scheduling
aspects of all change orders.
e. Act on claims of the City and the Contractor relating to the acceptability of the work or
the interpretation of the requirements of the construction contract documents. Work
related to unusually complex or unreasonably numerous claims is considered
Additional Services.
f. Upon substantial completion, work with the City to inspect the construction work and
prepare a punch -list of those items to be completed or corrected before final
completion of the project. Submit results of the inspection to the City and the
Contractor.
g. Upon completion or correction of the items of work on the punch -list, conduct a final
inspection with the City and Contractor to determine if the work is completed. Provide
written recommendations concerning final payment to the City, including a list of
items, if any, to be completed prior to making such payment.
h. Consultant will make up to five (5) site visits during construction phase. This total will
include the substantial completion punch -list walkthrough and final walkthrough to
verify punch -list completion. Site visits in excess of this number will be considered
Additional Services. Consultant will lead or attend up to four (4) virtual progress
meetings during construction.
Consultant will provide generator startup assistance, including up to one 8 hour site
visit to witness contractor startup activities. Consultant will prepare startup checklists,
coordinate with contractor on site, log generator performance metrics, and assist client
with integration into the existing system.
Record Documents
j. Prepare separate sets of record drawings for Phase I improvements encompassed by
the project based on information furnished by the Contractors. Provide the City one file
transmittal containing the AutoCAD files of the project, one file transmittal containing
the pdfs of the project plans and specifications, and one set of "Record Drawings" half
size (11"x17") of the project.
K. Provide GIS shape files of the record drawing alignments to the City.
A-6 FNI --
OWNER
ATTACHMENT A
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. Design Phase Services — Pump, Motor, and Drive Improvements and Pump Can Modifications
a. Deliverables
FNI will develop draft design plans, specifications, and construction cost estimates at
the 60%, 90%, 100% submittal phases. At each phase, FNI will provide the draft
submittal to the CITY for review and comment.
• At 60%, 90%, and 100% submittals FNI will provide the CITY with opinion of
probable construction costs, four sets of 11x17 bound plan sets, and
electronic .pdf versions for review.
• At 90% and 100% submittals, each submittal will include 4 copies of the
technical specifications and an electronic .pdf version for review.
Each submittal phase will be followed by a draft review meeting to discuss
the overall progress of the submittal package. Comments that FNI receive
will be incorporated as revisions into the plans and specifications. Each
comment will be incorporated into a comment log and will be responded to
in writing.
The final submittal package will include sealed project plans and specifications, ready
for the bid phase services.
b. Civil/Water Engineering Design
60% Design
Plan & Profile Drawings. Prepare plan and profile drawings of the proposed pump
addition and the necessary piping modifications. using available survey and SUE data.
All drawings will be produced in AutoCAD Civil 3D.
ii. Prepare details necessary to install the proposed pumps. Verify the existing pump
dimensions and verify the proposed can modifications will be compliant with the
proposed pump additions.
iii. Prepare pump technical specification. Review technical specification with Southlake
Engineering to verify compliance with Southlake Engineering requirements.
iv. Coordinate with the electrical team/scope for compatibility with the electrical design
and assist team with the generator load requirements.
V. Coordination with pump manufacturers to verify design conditions and prepare
preliminary selections.
vi. Coordinate with Southlake Engineering. Schedule and prepare one in person
coordination meeting to determine preferred operations, preferred manufacturers,
etc. to assist in the initial design.
A-7 FNI
OWNER
ATTACHMENT A
90% Design
L Based on comments from Southlake's Engineering and operations department,
update design to meet Southlake's expectations.
ii. Prepare full technical specification manual.
iii. Finalize plan, profile, and detailed drawings to further refine the design.
iv. Update Opinion of Probable Construction Cost based on updated design.
V. Continue coordination with pump manufacturers, electrical team, and residual
chlorine improvements.
100% Design
L Based on comments from Southlake's Engineering and operations department,
update design to meet Southlake's expectations.
ii. Finalize full plan set with final plans, profiles, and details.
iii. Prepare final specification manual, including front end and technical specifications.
iv. Finalize the Opinion of Probable Construction Cost.
V. Finalize coordination with pump manufacturers
c. Electrical, instrumentotion & Controls Design
60% Design
L Drawings. Provide electrical and instrumentation design to support the new pump
addition. Prepare 60% design detailed electrical and instrumentation drawings to
support the 4 new pumps, 4 new soft starters. All drawings will be produced in
AutoCAD.
ii. Provide electrical and pump pad plans, site plans, one -line diagrams, process, and
instrumentation diagrams.
iii. Coordination with the electrical utility company to verify design conditions.
90% Design
L Update drawings to further refine the design such as technical specifications
including a process control narrative, and the rest of the electrical/instrumentation
drawings.
ii. Continue Coordination with generator manufacturers.
100% Design
iv. Finalize full plan set with final plans, profiles, and details.
d. Structural Design
60% Design
L Drawings. Provide structural drawings of the proposed pump demolition, additions,
required modifications to the existing pump slab and buried pump can footings, and
related items.
A-g FNI
OWNER
ATTACHMENT A
ii. Coordinate with geotechnical team for subgrade preparation and structural design
parameters.
iii. Coordinate with all disciplines for required structural design parameters.
90% Design
L Based on comments from Southlake's Engineering and operations department,
update design to meet Southlake's expectations.
ii. Finalize structural drawings and details to further refine the design.
iii. Update Opinion of Probable Construction Cost based on updated design.
100% Design
i. Based on comments from Southlake's Engineering and operations department,
finalize structural drawing and details.
ii. Finalize the Opinion of Probable Construction Cost.
S. Special Services Bid Phase Services
a. Bid Phase Assistance:
L FNI will provide hard copy documents to the CITY:
ii. Conduct Pre -Bid Meeting with the CITY
iii. FNI to conduct one (1) site visit for Contractor coordination if directed by the CITY.
iv. Development and maintenance of plan holders list
V. Responses to contractor questions on bids
vi. Preparation and issuance of up to three (3) addenda
vii. Review and tabulate received bids. FNI to back check bidder references during bid
tabulation.
viii. Issue a recommendation to award letter to the City of Southlake PM.
ix. 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.
G. Special Services General Construction Representation
General Construction Representation will be provided by FNI. FNI will perform general
representation services during the construction phase of the project. The associated general
construction representation scope of work and fee assumes a 12 month construction time. FNI will
endeavor to protect the City 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 general representation services include, but are not limited to, submittal reviews provided by
the Contractor, City RFIs or other construction related questions, assistance in bid and awarding of
the project, Contractor qualification review, Change Orders, Field Orders, and other items generally
provided during construction. This does not include any full-time or part-time resident
representation by FNI.
Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of
construction phase services. Detailed daily construction inspection will be performed by City
personnel. Construction services provided by FNI will include the following:
A-9 FNI �
OWNER
ATTACHM E:NT A
I. Assist the City in conducting the pre -construction conference. City shall prepare an
agenda for the conference and prepare and distribute minutes. The pre -construction
conference shall include a discussion of the Contractor's tentative schedules,
procedures for transmittal and review of the Contractor's submittals, processing
payment applications, critical work sequencing, change orders, record documents, and
the Contractor's responsibilities for safety and first aid.
m. Review drawings and other data submitted by the Contractor as required by the
construction contract documents. Consultant's review shall be for general conformity
to the construction contract documents and shall not relieve the Contractor of any of
his contractual responsibilities. Such reviews shall not extend to means, methods,
techniques, sequences, or procedures of construction, or to safety precautions and
programs incident thereto. Consultant shall maintain a log of all submittals on Freese
and Nichols's website. The log shall include the submittal number, title, date received,
review comments, date returned, date resubmitted, etc. Consultant will review up to a
total of one hundred and fifty (150) construction submittals. Reviews in excess of this
number will be considered Additional Services.
n. Interpret construction contract documents when requested by the City or the
Contractor. The Consultant shall maintain a log of the requests for information (RFI
log). The log will include the date of the request, a brief description, reviewer, and date
of response.
o. Provide documentation and administer the processing of change orders, including
applications for extension of construction time. Evaluate the cost and scheduling
aspects of all change orders.
p. Act on claims of the City and the Contractor relating to the acceptability of the work or
the interpretation of the requirements of the construction contract documents. Work
related to unusually complex or unreasonably numerous claims is considered
Additional Services.
q. Upon substantial completion, work with the City to inspect the construction work and
prepare a punch -list of those items to be completed or corrected before final
completion of the project. Submit results of the inspection to the City and the
Contractor.
r. Upon completion or correction of the items of work on the punch -list, conduct a final
inspection with the City and Contractor to determine if the work is completed. Provide
written recommendations concerning final payment to the City, including a list of
items, if any, to be completed prior to making such payment.
s. Consultant will make up to twelve (12) site visits during construction phase. This total
will include the substantial completion punch -list walkthrough and final walkthrough to
verify punch -list completion. Site visits in excess of this number will be considered
Additional Services. Consultant will lead or attend up to six (6) virtual progress
meetings during construction.
t. Consultant will provide pumps startup assistance, including up to one 8 hour site visit
to witness contractor startup activities. Consultant will prepare startup checklists,
coordinate with contractor on site, log pump performance metrics, and assist client
with integration into the existing system.
Record Documents
A-10 FNI�
OWNER
ATTACHMENT A
u. Prepare separate sets of record drawings for Phase I improvements encompassed by
the project based on information furnished by the Contractors. Provide the City one file
transmittal containing the AutoCAD files of the project, one file transmittal containing
the pdfs of the project plans and specifications, and one set of "Record Drawings" half
size (11"xl7") of the project.
v. Provide GIS shape files of the record drawing alignments to the City.
A-11 FNI / '
OWNER
ATTACHMENT A
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.
S. Witness testing of pump, motor, or pump drives.
6. Provide renderings, models, and mockups.
7. 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.
8. Preparing a Stormwater Pollution Prevention Plan (SWPPP).
9. The proposed soft starter replacement and MCC replacement for the LPP pumps assumes that the
existing space and bays in the existing electrical room has sufficient space for the proposed
equipment. Structural modifications to the existing electrical room to fit new equipment or the
construction of a new electrical room will be an additional service.
10. 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 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.
A-12 FNI
OWNER
ATTACHMENT A
18. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
ARTICLE III
TIME OF COMPLETION: Professional is authorized to commence work on the project upon execution of this
Agreement and agrees to complete the design services as described above within nine 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.
A-13 F N I
OWNER
COMPENSATION ATTACHMENT B
Compensation to FNI for Basic Services in Attachment A shall be the lump sum of Four Hundred Eighteen Thousand Six
Hundred Ninety Seven Dollars ($418,697).
Compensation to FNI for Special Services in Attachment A shall be the lump sum of Six Hundred Eighty Four Thousand
Three Hundred Seventy Dollars ($684,370).
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 A, FNI will notify OWNER for OWNER's approval before proceeding.
Additional Services shall be computed based on the following Schedule of Charges.
Position
Hourly Rate
Professional 1
138
Professional 2
168
Professional 3
191
Professional 4
217
Professional 5
254
Professional 6
294
Construction Manager 1
119
Construction Manager 2
149
Construction Manager 3
161
Construction Manager 4
201
Construction Manager 5
243
Construction Manager 6
279
Construction Representative 1
107
Construction Representative 2
119
Construction Representative 3
149
Construction Representative 4
161
CAD Technician/Designer 1
117
CAD Technician/Designer 2
153
CAD Technician/Designer 3
187
Corporate Project Support 1
113
Corporate Project Support 2
136
Corporate Project Support 3
180
Intern / Coop
70
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)
$500
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
Ultrasonic Thickness Guage (per day)
$275
Vinyl / Adhesive
$1.50
$2.00
Coating Inspection Kit (per day)
$275
Flushing / Cfactor (each)
$500
Mounting (per sq. ft.)
$2.00
Backpack Electrofisher (each)
$1,000
Binding (per binding)
$0.25
Survey Grade
Standard
Drone (per day) $200
$100
GPS (per day) $150
$50
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 performing the same or similar
services.
These ranges and/or rates will be adjusted annually in February. Last updated 2024.
2022024