Item 4FCITY OF
SOUTH LAKE
MEMORANDUM
(March 3, 2009)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve a professional services agreement for engineering
design services for segments B, C, D and E of the North Water
Supply Pipeline Project with Freese and Nichols, Inc. in the
amount of $522,070.
Action
Requested: Approve a professional services agreement for engineering
design services of segments B, C, D and E of the North
Water Supply Pipeline Project with Freese and Nichols, Inc.
in the amount of $522,070.
Background
Information: On February 20, 2007, the City Council awarded a contract
to Freese and Nichols to perform a Route Analysis Study to
determine possible alignments for the new water supply
pipeline to the T.W. King Pump Station located in the
northern portion of the city. Based upon the results of that
study, it appears that an alignment along the proposed FM
1938 right -of -way is the preferred alternative. A construction
contract for Segments A and F were awarded to Circle C
Construction on February 3, 2009 by the City Council.
Previously approved Capital Improvement Program budgets
include funding for professional services to design segments
B, C, D, and E of the 30 inch North Water Supply Pipeline.
Segment B, C, and D will be designed to continue from
Segment A at the intersection of Florence and Randol Mill
(future FM 1938) to the north to Hwy 114. Segment B and a
portion of Segment C to the Randol Mill bend will be located
within the city limits of Southlake. The remaining portion of
Segment C and also Segment D will be located within the
Town of Westlake's utility easement or right -of -way
(R.O.W.). The remaining Segment E will continue towards
the east along the southern portion of State Hwy 114 and
then cross under SH114 just west of Kirkwood Blvd and
connect to Segment F on TW King Road. The total scope of
this portion of the project is approximately 19,500 linear feet
(I.f) of 30 inch water transmission line.
In addition to basic design services, Freese and Nichols, Inc.
will also prepare right -of -way or easement documents for the
city's use in acquisition of property for the purpose of
constructing the water line. F &N will also provide
geotechnical engineering and laboratory testing to analyze
soils along the route for use in design of the trench system
and for use by the prospective bidders.
Freese and Nichols, Inc. will provide environmental services
by conducting site visits and consulting with the Texas
Historical Commission to determine whether permits will be
required along the proposed pipeline alignment.
Freese and Nichols, Inc. will assist during the bid phase with
distribution of plans and specifications, preparation of bid
addenda, review of the bids and recommendation for award.
During the construction phase, they will assist city staff by
reviewing contractor submittals, including shop drawings and
monthly pay requests, progress meetings during
construction, change orders, general observation of
construction, and preparation of record drawings.
The Engineer's current Opinion of Probable Cost for
Segments B, C, D, and E including Engineering, Surveying
is $7,365,900.
The design schedule anticipates completion of the design
contract in the Summer of 2009. Construction funding is
programmed in the FY 2009 and FY 2010 CIP Budget.
Financial
Considerations: None
Strategic Link: The construction of the North Water Supply Pipeline Project
links to the city's strategy map relative to the focus area of
Infrastructure. The specific corporate objectives that are met
by the construction of this water infrastructure improvement
include: Collaborating with select partners to implement
service solutions and providing high quality customer
service.
Citizen Input/
Board Review: None
Legal Review: The proposed contract is the same contract that was
approved by the City Council for segments A and F on
December 27, 2007.
Alternatives: The City Council may edit or reject this resolution.
Supporting
Documents: Freese and Nichols, Inc. Proposal
Project Schedule
Engineer's Opinion of Probable Cost (OPCC)
Project Map
Staff
Recommendation: Approve a professional services agreement for engineering
design services of segments B, C, D and E of the North
Water Supply Pipeline Project with Freese and Nichols, Inc.
in the amount of $522,070.
Staff Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michelle McCullogh, P.E., Project Engineer
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 2009 by and
between the City of Southlake, Texas (hereinafter referred to as "CITY "), and
Freese and Nichols, Inc. (hereinafter referred to as "ENGINEER "),
WHEREAS, CITY contemplates the need to make improvements
to the North Water Supply Pipeline, This project is to be known as the
North Water Supply Pipeline Design Project Segments B, C, D and E 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
1 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 1 in accordance with the terms
set forth in this Agreement and in Attachment 1.
B. Definitions,
Services refers to the professional services performed by ENGINEER pursuant
to this Agreement,
C. Changes.
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
ENGINEER's cost of, or the time required for, the performance of any part of the
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 CITY.
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
focal conditions and accepts conditions at the site unless otherwise noted in writing
to the CITY. Any coordination or scheduling of work by CITY shall not relieve
ENGINEER from its responsibilities specified hereunder, Necessary arrangement for
access to any site by ENGINEER's employees will be made with CITY,.
F. Assignment and Subcontractors /Third Party Rights.
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior consent of
CITY.
G. Independent Contractor.
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details
of the work performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors, and consultants; that the doctrine of respondent superior
shall not apply as between CITY and ENGINEER, its officers, agents,
employees, contractors, subcontractors, and consultants, and nothing herein shall
be construed as creating a partnership or joint enterprise between CITY and
ENGINEER,
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.
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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.
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 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.
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K. No Third Party Beneficiary.
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that. (1) this Agreement only affects
matters /disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity, notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
L. Successors and Assigns.
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other,
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;
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7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria that
are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data, environmental
impact assessments or statements, zoning or other land use regulations, etc,,
upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as required
for the ENGINEER to provide its services.
10. Provide any other information or assistance as outlined in Attachment 1 hereto,
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 Basic Services contemplated in Article I, the
ENGINEER shall be paid (as outlined in Attachment 1) a lump sum fee of $340,370 in
accordance with the following payment schedule:
• Upon satisfactory completion of the 50% Design, the CITY shall pay 45%
of the Basic Design Fee
• Upon satisfactory completion of the 90% Design, the CITY shall pay 25%
of the Basic Design Fee
• Upon satisfactory completion of the Final Design, the CITY shall pay 10%
of the Basic Design Fee
• Upon Substantial Completion of Construction, the CITY shall pay 15% of
the Basic Design Fee
• Upon Final Completion of Construction and Delivery of Record Drawings,
the CITY shall pay 5% of the Basic Design Fee
as billed monthly by ENGINEER,
plus a lump sum fee of $181,700 for the Special Services as outlined in Article II
of Attachment 1
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IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for costs incurred in accordance with the
work performed provided the limits set out in Article IV hereof have not been exceeded.
Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared
and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by
such records or other written proof as CITY deems necessary to verify the billings.
Remittances shall be made to ENGINEER's office at 4055 International Plaza, Suite
200, Fort Worth, Texas 76109.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day
when payment for services and expenses is due under the terms of this Agreement,
ENGINEER shall be entitled to interest on such unpaid sums at the rate provided
in Chapter 2251 of the Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to
time and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee (see Attachment 1) as determined by the actual
costs incurred and by actual time expended, such services to be one or more of the
following:
1, Make or prepare detailed description of sites, maps, or drawings related
thereto and outside the scope of the Project;
2,. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection
is not required, in writing, by the CITY;
6. Preparation of environmental impact assessments or statements for any
governmental agency; and
7. Miscellaneous engineering work for CITY not related to the Project.
8. Other additional services agreed to by the parties in writing outlined in
Attachment 1.
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VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided. No warranty,
express or implied, is made or intended by the ENGINEER's undertaking herein or its
performance of services, and it is agreed that the ENGINEER is not a fiduciary
with respect to the CITY.
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 Vill.
VIII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience or for any
cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice
the ENGINEER shall immediately discontinue all services and work and the placing of
all orders or the entering into contracts for supplies, assistance, facilities, and materials
in connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services
rendered through the date of termination together with any additional reimbursable
expense then due.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2� Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY`s sole risk.
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X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
Workers Compensation - Statutory Employer's Liability - Limits as required
by the State of Texas.
2, Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in
a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY upon execution of
this Agreement, Such certificates shall provide that the insurer will give CITY not less
than ten (10) days notice of any material changes in or cancellation of coverage. In the
event any subcontractor of ENGINEER, with or without CITY's consent, provides or
renders services under this Agreement, ENGINEER shall ensure that the
subcontractor's services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY,
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
Xi. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed 165
days after Notice to Proceed and Topographic Survey. 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
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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: Robert Price, P.E.
Director of Public Works
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817- 748 -8097
Fax: 817- 748 -8077
If to ENGINEER: Steven Metzler, P.E.
Freese and Nichols, Inc.
4055 International Plaza, Suite 200
Fort. Worth, Texas 76109
Phone: 817 - 735 -7300
Fax: 817 -735 -7491
All notice shall be effective upon the date of receipt_
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
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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 a executed
in two equal originals on the date and year first above mentioned,
CITY OF SOUTHIAKE:
Shana Yelverton, City Manager
ATTEST:
City Secretary
ENGINEER:
By: ;4A Z __
Thomas Haster, P.E.
Printed Name
Principal , {Title}
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THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this stay personally appeared Thomas Hasten P.E. known to
me [or proved to me on the oath of or through known
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
Principal of Freese and Nichols Inc. , and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of off ce this day of Ja
A.D. 2009
( SEAL) o ry u Ic o e (as
t .
Notary's Nam6 Printed
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ATTACHMENT 1
SCOPE OF SERVICES AND RESPONSIBILITIES OF CITY
NORTH WATER SUPPLY PIPELINE DESIGN
FOR THE CITY OF SOUTHLAKE
GENERAL: The City of Southlake North Water Supply Pipeline Design Project Segments B, C, D,
and E (the Project) will include design of the following facilities:
Beginning at the intersection of Randol Mill Road (FM 1938) and Florence Road and
proceeding north along the east right -of -way line for the proposed alignment of FM 1938 to
1,000 feet north of Dove Road, Segments B, C, D, and E. Beginning again at the
proposed intersection of the future FM 1938 and south right -of -way line for SH 114 and
proceeding east along the southern right -of -way line along SH 114 to the intersection of
TW King, and crossing SH 114 to the north to terminate at TW King Road, Segment E,
The total distance for the Project is approximately 19,500 LF of 30 -inch water transmission
line. See attached Exhibit for Pipeline Segment references,
ARTICLE I
BASIC SERVICES: ENGINEER shall render the following professional services in connection
with the development of the Project:
A. FINAL DESIGN FOR NORTH SUPPLY PIPELINE SEGMENTS B C D and E
Upon execution of this AGREEMENT, ENGINEER shall:
TASK A -1. Kick -off meeting to consult with the CITY to:
a. Review the scope of services
b. Verify CITY's requirements for the Project
c. Review available data.
d. Advise CITY as to the necessity of CITY's providing or obtaining data or
services from others, and assist CITY in connection with any such services.
TASK A -2. Prepare Design Drawings for the design of 19,500 Linear Feet of 30 -inch
water transmission pipeline to City of Southlake's design standards.
a. Prepare plan and profile sheets of the water line construction documents at
1 " -20' scale (Horizontal),
b. Prepare Water line construction details to be included with the construction
documents, Details will be to City of Southlake Water Department
standards,
c ENGINEER will visit the project site as needed during the design phase to
verify field conditions and topographic survey,
d. ENGINEER will design the pipeline to accommodate current and future
hydraulic conditions such that the pipe will provide adequate water delivery
to the T,W, King Pump Station from the Caylor Road meter station.
e. ENGINEER will prepare construction documents and technical
specifications as part of the construction documentation. The contract
documents and the technical specifications will be to the CITY's standards.
f ENGINEER will prepare an opinion of probable construction cost for the
pipeline construction. The opinion of probable cost will be submitted to the
CITY with plans and specifications at 50 %, 90 %, and Final review
submittals.
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ATTACHMENT 1
g. ENGINEER will submit two (2) full size (22 "x 34 ") set of construction plans,
specifications, and opinion of probable cost to the CITY for review at each
submittal milestone. The comments provided by the CITY at 50% will be
used to take the plans to 90% complete, The comments provided by the
CITY at 90% will be used to take the plans to Final Completion,
TASK A -3. Coordinate with Franchise Utility Companies and the location of utilities
along the proposed FM 1938 corridor:
a. ENGINEER will submit water line construction plans to franchise utilities
present in the area for review and comment. ENGINEER will submit
approved 50% complete plans to the Utility Companies for review.
b. ENGINEER will discuss utility locations and coordinate the location of the
water transmission line based on communications with franchise utility
companies. ENGINEER will resend plans and confirm utility location with
90% complete plans.
c. ENGINEER will perform a Level °C" SUE investigation as recommended in
the Design Report, between the 50% and 90% submittals The Level "C"
investigation will be performed in coordination with Franchise Utility
crossings
TASK A-4. Meet with the CITY, City of Fort Worth, and TXDOT and their engineer on
six (6) occasions to discuss the plan and specification submittals.
B. ADVERTISEMENT AND CONSTRUCTION
Upon execution of this AGREEMENT, ENGINEER shall:
TASK B -1, BID PHASE. Upon completion of the design services and approval of
"Final" drawings and specifications by CITY, ENGINEER will proceed with
the performance of services in this phase as follows:
a. Prepare thirty (30) sets of half sized (11"x17 ") construction drawings and
contract documents and distribute them to prospective bidders through
ENGINEER's offices by ENGINEER personnel. ENGINEER will post the
notice of construction on ENGINEER's website, ENGINEER will send plans
and specifications to two (2) plan rooms; sending plans and specifications to
additional plan rooms will be an additional service, It is the responsibility of
the CITY to advertise the project publicly and the prospective bid opening
date.
b. Assist CITY by responding to questions and interpreting bid documents.
Prepare addenda to the bid documents to forward to CITY for distribution, if
necessary.
c. Assist CITY in securing bids. Issue a Notice to Bidders to prospective
contractors and vendors listed in ENGINEER's database of prospective
bidders, and to selected plan rooms. Provide a copy of the notice to bidders
for CITY to use in notifying construction news publications and publishing
appropriate legal notice. The cost for publications shall be paid by CITY.
TASK B -2. , CONSTRUCTION PHASE: Upon completion of the bid phase services,
ENGINEER will proceed with the performance of construction phase
services as described below. ENGINEER will endeavor to protect CITY in
providing these services however, it is understood that ENGINEER does not
guarantee the Contractor's performance, nor is ENGINEER responsible for
supervision of the Contractor's operation and employees. ENGINEER shall
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ATTACHMENT 1
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. ENGINEER
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
a. Attend a pre - construction conference. ENGINEER will conduct the meeting
and prepare minutes, ENGINEER will provide the Contractor and CITY
three (3) full size (22" x34 ") sets of plans and conformed specifications
each, totaling six (6) plans and specifications.. The conformed sets of books
will include a half size set of plans (11"x 17 ").
b Establish communication procedures with the CITY and contractor. All
communications between ENGINEER and the Contractor will be through the
CITY.
c. Review contractor's submittals, including, requests for information and shop
drawings in accordance with the requirements of the construction contract
documents for the projects.
i. ENGINEER will be responsible for verifying that all required submittals
have been received from the Contractor, ENGINEER will notify the CITY
and Contractor in writing of the outstanding required submittals.
ii. ENGINEER will be responsible for the log in and distribution of contractor
submittals.
iii. ENGINEER will not review pay estimates until after the CITY's inspector
has completed his review and verified actual quantities installed in the
field by the Contractor during the pay period.
d. Review and respond to Change Orders or Field Orders. Provide
recommendation for action in the field and for payment to the Contractor.
TASK B -3. ENGINEER will serve in the capacity of General Representation during
construction In this capacity, ENGINEER will:
a. Make a total of five (5) monthly site visits to the site (as distinguished from
the continuous services of a Resident Project Representative) to observe
the progress and the quality of work and to attempt to determine in general
if the work is proceeding in accordance with the Construction Contract
Documents. In this effort, ENGNEER will endeavor to protect the CITY
against defects and deficiencies in the work of Contractors and will report
any observed deficiencies to CITY. Visits to the site in excess of the
specified number are an additional service..
b. Provide general recommendations to the CITY for the work of testing
laboratories and inspection bureaus required for the testing or inspection of
materials, witnessed tests, factory testing, etc. for quality control of the
Project. The cost of such quality control shall be paid by CITY and is not
included in the services to be performed by ENGINEER.
c. Interpret the drawings and specifications for CITY and Contractor(s).
Investigations, analyses, study or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the
contractor and approved by the CITY are an additional service.
Substitutions of materials or equipment or design modifications requested
by the CITY are an additional service..
d. Prepare Record Drawings of the completed project after the final walk
through. The CITY will coordinate with the Contractor to produce a set of
Page 14
ATTACHMENT
plans with markings that represent how the pipeline was installed that both
parties agree on. The CITY will provide the plans to ENGINEER to produce
record drawings. ENGINEER will deliver to the CITY two set of full size
(22 "x34 ") drawings, one on bonded paper and one on mylar film..
ENGINEER will provide the CITY with all topographic survey and
construction drawings on CD in ACAD 2000 format and Adobe PDF format
of the construction plans at the conclusion of the project..
TASK B -4, Conduct, in company with CITY's representative, one final review of the
Project for conformance with the design concept of the Project and general
compliance with the Construction Contract Documents. Visiting the site to
review completed work in excess of one trip is an additional service.
ARTICLE 11
SPECIAL SERVICES: ENGINEER shall proceed with the special service task only after the
scope, fee, and schedule have been negotiated and agreed upon by the CITY and only with
written authorization from the CITY.
A. TOPOGRAPHIC SURVEY: ENGINEER will retain and monitor the efforts of a surveying
firm (Brittain and Crawford) to provide the following Surveying Services ($114,000):
• Provide survey control along the pipeline rotate in a coordinate system approved by
the CITY, and compatible with other pipeline projects.
• Provide topographic survey for a 60 -foot width along the pipeline routes for up to
19,500 linear feet. Topographic survey will not include individual tree surveys.
• Provide survey ties to major utility lines, as located by the utility owners.
• Survey will be performed in NAD83 coordinates and City GPS coordinate system.
B. EASEMENTS: ENGINEER will retain and monitor the efforts of a surveying firm (Brittain
and Crawford) to provide the following services:
• Provide deed research for the preparation of easement documents, (This task does
not include title research)
• Prepare metes and bounds easement descriptions for each private tract. A separate
description will be prepared for both permanent and temporary easements. For
budgeting purposes, a maximum of twenty (20) tracts are estimated (forty (40)
Easement Documents) Payment for parcel descriptions shall be on a per parcel
basis. If more than twenty (20) parcels are required (forty (40) Easement
Documents), then additional payment will be required, for not only the cost for
easement preparation on a per each basis but also for the cost of additional field
work,
• Trees of 8- inches in diameter will be tied into the topographic survey and shown on
easement documents,
• Each Temporary and Permanent Easement will be provided at a cost of $520 per
each easement document prepared, Not To Exceed $20,800 for forty (40)
easements for this project, Pipeline Segments A and F (estimated number of
easements)
C. GEOTECHNICAL ENGINEERING ENGINEER will provide geotechnical engineering
and a sub - consultant drilling and laboratory- testing firm to provide the following services
($17,000 for bore samples and $6,000 for pavement repair recommendations):
• Review geologic maps and the pipeline route to identify testing locations
• Drill up to ten (10) borings; eight (8) at 15 feet deep and two (2) at 20 feet deep. For
Page 15
ATTACHMENT 1
budgeting purposes, a maximum of ten (10) borings are assumed. Scope and Fee
may be adjusted to account for additional borings, as necessary. Log the borings,
and obtain soil samples for soil classification and the corrosion analysis testing.
Provide rock cores and RQD of rock, where applicable,
• Provide laboratory testing, including Atterberg limits, unconfined strength of rock
samples, sieve analysis, and water content,
• Provide conclusions of testing and geotechnical analysis in a report, for use of the
pipeline designers and prospective bidders.
• Provide a recommendation for full depth pavement replacement with cement
stabilized base, or as recommended by the Geotechnical Sub - consultant, for
Florence Road from Pearson Lane to Randol Mill
D. CORROSION PROTECTION: ENGINEER will provide the following Corrosion Protection
Design for Pipeline protection ($25,875):
• Conduct field soil resistivity surveys along the proposed pipeline route. Conduct tests
for foreign pipeline cathodic protection systems, and AC interference,
• Conduct laboratory tests of soil samples, including pH, moisture, chlorides, sulfides
and conductivity.
• Analyze data and make recommendations for passive cathodic protection systems
and pipeline materials for up to three (3) alternate pipeline materials (Ductile Iron
Pipe, Bar Wrapped Concrete Cylinder Pipe, and Mortar Coated Steel).
• Prepare detailed drawings and specifications for corrosion monitoring systems and
cathodic protection systems.
• During the construction phase, review Contractors submittals and provide comments
• Provide one day of on -site inspector training, at the beginning of construction
• Review the Contractor's commissioning report.
ARTICLE III
ADDITIONAL SERVICES: Additional Services to be performed by ENGINEER, if specifically
authorized in writing by CITY, which are not included in the above - described Basic Services or
Special Services, are described as follows:
A. Additional Meetings between the ENGINEER and CITY stated in Article I will be at a
rate of $1,500 per meeting.
B. Preparation of a preconstruction notification for nationwide 404 permit coverage
C, Preparation of a standard individual Section 404 permit application,
D. GIS mapping services or assistance with these services,
E. Site visits and meetings in excess of the number of trips included in Article I.
F, Providing basic or additional services on an accelerated time schedule. The scope of
this service include cost for overtime wages of employees and consultants,
inefficiencies in work sequence and plotting or reproduction costs directly attributable to
an accelerated time schedule directed by the CITY.
G, Providing a surge model for the waterline.
Page 16
ATTACHMENT 1
H. Providing modeling of the distribution system.
I, Investigate alternate routes in excess of the number identified in Article I.
J. Cultural resources investigations, If the THC or the USACE requires archeological or
historical resources studies, ENGINEER can coordinate the services of a qualified
archeologist to perform a pedestrian survey for the pipeline route.
K. Presence /absence surveys for federally listed threatened /endangered species.
L. Preparation of a mitigation plan to compensate for impacts to waters of the U.S.
M, Application to Texas Commission on Environmental Quality for individual 401 Water
Quality Certification,
N. Application for General Land Office easements.
O. Application for Texas Parks & Wildlife Department Sand and Gravel Permit,
P. Additional field investigations or analysis required to respond to public or regulatory
agency comments.
Q. Consultation with the U.S. Fish and Wildlife Service under Section 7 of the Endangered
Species act.
R. Expert representation at legal proceedings or at contested hearings..
S, Mitigation monitoring if required by permit conditions.
T. Monitoring compliance with permit conditions.
U. Additional modifications to the compensatory mitigation plan.
ARTICLE IV
TIME OF COMPLETION: ENGINEER is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
following schedule:
• Complete Topographic Survey within forty -two (42) calendar days of Notice to Proceed..
• Provide the CITY with a finalized horizontal pipeline alignment for formal approval, fifty -six
(56) calendar days after Notice to Proceed
• Provide the CITY with easement and right -of -way documents for right -of -way acquisition
twenty -one (21) calendar days after the CITY accepts the final alignment.
• Complete Final Design within one hundred sixty -five (165) calendar days of Notice to
Proceed.
If ENGINEERS`s services are delayed through no fault of ENGINEER, ENGINEER shall be
entitled to adjust contract schedule consistent with the number of days of delay. These delays
may include but are not limited to delays in CITY or regulatory reviews, delays on the flow of
information to be provided to ENGINEER, governmental approvals, etc, If these delays are.
Page 17
ATTACHMENT 1
excessive, then ENGINEER reserves the right to negotiate additional compensation for additional
services related to the delay
ARTICLE V
RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not to
delay the services of ENGINEER:
A. Designate in writing a person to act as CITY`s representative with respect to the services to
be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define CITY's policies and
decisions with respect to ENGINEER`s services for the Project.
B. Assist ENGINEER by placing at ENGINEER`s disposal all available information pertinent to
the Project including previous reports and any other data relative to design or construction
of the Project..
C. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other consultants as CITY deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER..
D. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Attachment 1,
Article III of this AGREEMENT or other services as required.
E. Bear all costs incident to compliance with the requirements of Article V
Page 18
ATTACHMENT 1
Compensation to ENGINEER for the Basic and Special Services shall be the lump sum of $522,070 If
ENGINEER sees this Scope of Services changing so that additional services are needed, including but not
limited to those services described as Special Services in Attachment 1, ENGINEER will notify CITY for
CITY's approval before proceeding. Additional Services shall be computed based on the Schedule of
Charges.
Schedule of Charaes:
Position
Min
Max
PRINICIPAL
205.88
404.38
GROUP MANAGER
167.74
26355
ENGINEER VIII
239.21
27551
ENGINEER V11
18733
24243
ENGINEER VI
164.55
23468
ENGINEER V
147,30
17179
ENGINEER IV
118.13
157,65
ENGINEER 111
110.93
136,84
ENGINEER 11
103.05
135,26
ENGINEER 1
91.24
109.13
ELECTRICAL ENGINEER VI
16419
21248
ELECTRICAL ENGINEER V
146.55
18965
ELECTRICAL ENGINEER IV
128.90
166,82
ELECTRICAL ENGINEER 111
96.61
125.03
ELECTRICAL ENGINEER 11
95.69
123.83
ELECTRICAL ENGINEER 1
9016
116,613
MECHANICAL ENGINEER VI
158.61
205.26
MECHANICAL ENGINEER V
141 33
18290
MECHANICAL ENGINEER IV
124.06
160.55
MECHANICAL ENGINEER 111
100.53
13010
DISCIPLINE LEADER 1
132,89
171.97
PROGRAM MANAGER 11
16151
20901
PROGRAM ADMINISTRATOR
140.47
181,79
CONSTRUCTION CONTRACT ADMIN
121.88
184.35
III
CONSTRUCTION CONTRACT ADMIN
87.49
178.13
It
CONSTRUCTION CONTRACT ADMIN
82.20
120,83
1
DOCUMENT CONTROL CLERK
6719
8696
SR DESIGNER
138.78
17960
DESIGNER 11
14119
150.15
DESIGNER 1
98.53
127,50
CADD DESIGNER
134.51
145,39
ENGINEERING TECHNOLOGIST 1
68 95
89.22
TECHNICIAN IV
94.88
120.86
TECHNICIAN 111
7980
10650
TECHNICIAN 11
69.08
85.31
TECHNICIAN 1
4013
7080
GIS COORDINATOR
105.16
136,08
GIS ANALYST IV
9104
117.81
GIS ANALYST 111
81.12
104,98
GIS ANALYST 11
69.19
9536
GIS ANALYST I
53.23
68.89
3D VISUALIZATION COORDINATOR
128.30
16603
ENVIRONMENTAL SCIENTIST V11
'157,95
218.70
ENVIRONMENTAL SCIENTIST V1
13713
17746
ENVIRONMENTAL SCIENTIST V
11920
154.25
ENVIRONMENTAL SCIENTIST IV
113.36
129,08
ENVIRONMENTAL SCIENTIST III
91.99
120.94
ENVIRONMENTAL SCIENTIST 11
68 85
89.10
ENVIRONMENTAL SCIENTIST 1
60.66
78.50
ARCHITECT V1
150,00
224.10
ARCHITECT V
132.63
17164
Page 19
ATTACHMENT 1
ARCHITECT IV
110 10
14248
ARCHITECT lit
102,32
132.41
ARCHITECT II
84.41
109.23
ARCHITECT I
78.04
86.48
PLANNER VI
15919
198.98
PLANNER V
120.68
156,17
PLANNER 111
81.41
105,35
PLANNER 1
62.79
81,26
HYDROLOGIST V
12967
167,81
HYDROLOGIST IV
10662
13798
HYDROLOGIST 111
89.09
11529
HYDROLOGIST 11
87.05
112.65
GEOTECHNICAL ENGINEER VI
172 54
22329
PUBLIC INVOLVEMENT
94.35
12210
COORDINATOR
WEB SERVICES ADMINISTRATOR
114,37
148.01
WORD PROCESSING/SECRETARIAL
62,40
79,16
OPERATIONS ANALYST
101 85
138,34
CONTRACT ADMINISTRATOR
80.26
10387
INFORMATION SERVICES
57.66
7462
ADMINISTRATOR
INFORMATION SERVICES CLERK
38,98
50,45
CO -OP
35.63
70.31
The ranges and individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Calcomp
Computer and CAD Plotter
$10„00 per
PC CAD Stations hr Bond $2.50 per plot
Other $5.00 per plot
Color $5,75 per plot
Print Shop
Color Copies and
$0.50 per single side
Printing
copy
$1,00 per double side
copy
$0.10 per single side
Black and White Copies and Printing
copy
$0.20 per double side
copy
Binding
$5.75 per book
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $20.00 per test
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times a multiplier of 1, 15. They include outside printing
and reproduction expense, communication expense, travel, transportation and subsistence away from Fort
Worth, and other miscellaneous expenses directly related to the work, including costs of laboratory analysis,
tests, and other work required to be done by independent person other than staff members
Page 20
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OPINION OF PROBABLE CONSTRUCTION COST
r, City of Southlake
Freese and Nichols North Water Supply Routing Analysis
PRELIMINARY REVIEW
ESTIMATOR CHECKED BY DATE
DESCRIPTION
QUANTITY UNIT UNIT PRICE TOTAL
SUBTOTAL: . // /
CONTINGENCY 10% $620,030
SUBT OTAL:
ENGINEERING 8% $545,630'
TOTAL. •0i
SEGMENTS B, C, • AND
1
30" Pie
19500 LF
$
220.00
$ 4,290,000.00
2
48" Steel Casing Bore
800 LF
$
576.00
$ 460,800.00
3
Driveway Repair
100 SY
$
100.00
$ 10,000.00
4
Hydro-mulch Seed
61800 SY
$
1.00
$ 61,800.00
5
Sod
20600 SY
$
3.00
$ 61,800.00
6
Trench Safety
18700 LF
$
1.00
$ 18,700.00
7
Asphalt Road Repair
24205 SY
$
30.00
$ 726,150.00
8
30" Gate Valve w/ 4" Bypass
6 EA
$
60,000.00
$ 360,000.00
9
Blow Off Valve
6 EA
$
4,500.00
$ 27,000.00
10
Combination Air Release Valve
6 EA
$
9,000.00
$ 54,000.00
11
Erosion Control
1 LS
$
20,000.00
$ 20,000.00
12
ITraffic Control Plan
1 LS
$
15,000.00
$ 15,000.00
13
Corrosion Protection
1 LS
$
20,000.00
$ 20,000.00
14
Tree Mitigation Plan
1 LS
$
50,000.00
$ 50,000.00
15
Miscellaneous Utility Repairs
1 LS
$
25,000.00
$ 25,000.00
SUBTOTAL: . // /
CONTINGENCY 10% $620,030
SUBT OTAL:
ENGINEERING 8% $545,630'
TOTAL. •0i