Loading...
Item 4BCITY OF SOUTH LAKE MEMORANDUM (August 18, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve a Professional Services Agreement for an environmental assessment on the T.W. King Waterline with Freese and Nichols, Inc. Action Requested: Approve a Professional Services Agreement for an environmental assessment on the T.W. King Waterline with Freese and Nichols, Inc. Background Information: The City of Southlake has submitted a request to the Texas Water Development Board (TWDB) to be considered for the Intended Use Plan (IUP) for the Drinking Water State Revolving Fund ( DWSRF) in accordance with the provisions of the Safe Drinking Water Act Amendments of 1996 (Act). The TWDB administers the DWSRF program in accordance with the provisions of the Act, and Chapter 371 of the rules. TWDB provides financial assistance to political subdivisions, disadvantaged communities, investor -owned utilities (IOUs), and eligible non- profit /non- community (NPNC) applicants for water infrastructure and treatment project in Texas. The primary goal of the DWSRF program is to improve public health protection. The TWDB provides effective and efficient administration of the DWSRF program, combined with below- market interest rates and long -term financing to assist public water systems to provide sufficient quality and quantity of affordable potable water throughout Texas. In addition, the DWSRF program set -aside funds are used to improve public health protection programs. An environmental assessment of the project area is necessary to meet the requirements for consideration of DWSRF funds. The City shall be required to submit the findings of an environment assessment to the TWDB if selected. The City has requested approximately 14 million dollars in funding from the TWDB for the design and construction of the 30" water transmission line from the intersection of Florence Rd and Pearson, north through Westlake and terminating at the T.W. King Pump Station located on T.W. King Road. Currently, the T. W. King project has been moved from the FY 2009 DWSRF program to the FY 2010 program by the TWDB. The FY 2010 program is using normal state funds and is no longer utilizing Federal stimulus funds. The FY 2010 draft DWSRF -IUP will be finalized in early October 2010 with invitations to apply going out the eligible Cities shortly after that. The City will then have 30 days to submit the application with a statement of environmental information. Prior to receiving funds, the final environmental assessment must be completed and approved by the TWDB. Beginning the study now will enable early authorization to begin construction. This will ensure prompt completion of the project to provide water to the northern part of the City. The scope of services for the environmental documentation calls for Freese and Nichols, Inc. (FNI) to conduct a site visit and record observations in the project area in order to describe the existing conditions (environment) and assist with assessing project impacts. The presence and locations of waters of the U.S., including wetlands, and potential threatened /endangered species habitat will be identified. FNI will also be responsible for the various agency coordination required with an environmental assessment. Coordination letters will be prepared and submitted to the appropriate agencies and any comments received incorporated into the environmental assessment. FNI will prepare and submit a draft assessment to the City following the appropriate TWDB guidelines. A final assessment will be prepared incorporating any comments from the City and submit the revised document to the TWDB and other required agencies for review and comment. The document shall be finalized after a public hearing is held. FNI will also assist the City with holding a Public Hearing, if required, by preparing public notices, submitting notices to local newspaper(s); providing verbatim transcript services, attending the public hearing; and incorporating the hearing record into the assessment document. Financial Considerations: The recommended professional services agreement amount is $55,900.00. Staff recommends funding the project from the following existing CIP accounts: 502699- 598801 -U 0012 $ 55, 900.00 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 and Performance Management and Service Delivery. The specific corporate objectives that are met by the construction of this water infrastructure improvement include: Invest to provide and maintain high quality public assets and providing high quality customer service. Citizen Input/ Board Review: None Legal Review: This agreement will use the standard professional services contract that has been previously reviewed by the City Attorney. Alternatives: The City Council may choose to award or not award this Professional Services Agreement proposal. Supporting Documents: Freese and Nichols, Inc. Proposal Location Map Project Schedule: Freese and Nichols will prepare the environmental assessment within the time required by the Texas Water Development Board. Staff Recommendation: Approve a Professional Services Agreement for an environmental assessment on the T.W. King Waterline with Freese and Nichols, Inc. Staff Contact: Robert H. Price, P.E., Director of Public Works Gordon J. Mayer, Jr., P.E. Deputy Director of Public Works Michelle McCullough, P.E. Civil Engineer Freese al'i Nichok, Inc. Engineers Environmental Scientists Architects Planners 4055 Internationat Plaza, Suite 200 Fort Worth, Texas 76109 817 735 -7300 67,7 735 -7491 fax www.freese.corn July 29, 2009 Michelle Speaker McCullough, P.E. Civil Engineer City of Southlake 1400 Main Street, Suite 320 Southlake, Texas 76092 Re: Proposal to Prepare an LID for a TWDB Drinking Water SRF Loan for the T.W. King Water Supply Pipeline Dear Ms. McCullough: Freese and Nichols, Inc. (FNI) appreciates the opportunity to provide this proposal to assist the City of Southlake with preparation of an Environmental Information Document (EID) to satisfy certain requirements of a Texas Water Development Board application for a State Revolving Fund (SRF) loan. Based on our understanding of the project, FNI proposes the following scope of services to assist with the project. SCOPE OF SERVICES Freese and Nichols, Inc. will prepare an Environmental Information Document (EID) to support an application for a Texas Water Development Board (TWDB) State Revolving Fund (SRF) Loan for the design and installation of the City of Southlake T.W. King Water Supply Pipeline. The EID will be a stand - alone, self - contained document, describing the project in sufficient detail to allow for review without reference to the engineering study or other documents. The EID format will follow the guidelines developed by the TWDB. Michelle Speaker McCullough, P.E. City of Southlake, Texas July 29, 2009 Page 2 3. Prepare Draft and Final EID FNI will prepare a draft EID following appropriate TWDB guidelines. The draft EID will be submitted to the Owner for review prior to submitting it to TWDB and other agencies for review. FNI will incorporate the Owner's comments into the EID and submit the revised document to the TWDB and other required agencies for review and comment. Changes required by the review agencies will be made and the EID will be made available for public review for at least 15 days prior to the public hearing, if required by the TWDB. After the public hearing, if required, the EID will be finalized by incorporating the hearing transcript into the final document. 4. Public Hearing FNI will assist the City with holding a Public Hearing, if required, by preparing public notices, submitting notices to local newspapers); providing verbatim transcript services, attending the public hearing; and incorporating the hearing record into the EID. 5. Archeological /Cultural Resource Consultation FNI will coordinate with the TWDB to determine the level of documentation and/or surveys required to meet the requirements of the Texas Antiquities Code and the National Historic Preservation Act. If an archeological survey is required, FNI can coordinate the study as an additional service upon written authorization from the City. ADDITIONAL SERVICES The following services are beyond the scope of services described in the tasks above. FNI can provide these services, if needed, as additional services upon authorization by the Owner. 1. Historical or archeological resources investigations. 2. Presence /absence surveys for federally listed threatened /endangered species. 3. Preparation of an application for a Section 404 permit from the U.S. Army Corps of Engineers (USACE). 4. Application for General Land Office easements. Michelle Speaker McCullough, P.E. City of Southlake, Texas July 29, 2009 Page 3 RESPONSIBILITIES OF THE OWNER The OWNER shall perform the following in a timely manner so as not to delay the services of Freese and Nichols: A. Designate in writing a person to act as the OWNER'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 OWNER's policies and decisions with respect to Freese and Nichols' services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project. C. Assist Freese and Nichols by placing at Freese and Nichols' disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Freese and Nichols, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Freese and Nichols. E. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the OWNER may require or Freese and Nichols may reasonably request with regard to legal issues pertaining to the Project. F. OWNER will pay vendors directly for expenses related to any public hearing such as publication of hearing notices, court reporter, and other related expenses. DESIGNATED REPRESENTATIVES FNI and OWNER designate the following representatives: OWNER's Designated Representative: City of Southlake 1400 Main Street, Suite 320 Southlake, Texas 76092 Telephone: Email: Michelle Speaker McCullough, P.E, City of Southlake, Texas July 29, 2009 Page 4 COMPENSATION The total fee for Basic Services shall not exceed the sum of FIFTY FIVE THOUSAND NINE HUNDRED DOLLARS ($55,900.00). If Freese and Nichols sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services, Freese and Nichols will notify the OWNER for the OWNER's approval before proceeding. Additional services shall be computed based on the attached Schedule of Charges (Attachment CO). TERMS AND CONDITIONS OF AGREEMENT We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and Conditions of Agreement ". We appreciate this opportunity to submit this proposal. If additional information or clarification is desired, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files. Yours very truly, FREE5E AND NICH01-5, INC. 4tc,p/ M� Steven P. Watters, PWS Principal CITY OF SOUTH LAKE, TEXAS By: Title: Date: cc: Thomas Haster, P.E., Freese and Nichols, Inc. Ron King, P.E., Freese and Nichols, Inc. Barbara Nickerson, Freese and Nichols, Inc. File 1.30 > / 01 22 % ■ �/ 4-1 M: § � �°. Q . ©/ \2�? ew o \q e /S39 NNN // t Ln < /\ \ / § \ 0 s ƒ , m c u / \ / \ \< � /� k(/ \ > \ \ c e z U m » E g ti= 22 :k / 2 \ § f % FU \/k / ?e 2$f u 2 o ca ° \ u \ \ \ k L $ § ƒ ■_ \ § .= E 02 ma \/ §:� > & @ �� .. u Ln ®� /a52�j $% / / _ \E \4c- -E c/� —00 =W a0< /�25 2 ƒ /4 E < \ \ a § § < z - E ® te u0 �uCE > 2 \ / m 72 m � <Ea) ® E m sM (n LU 4 f�\/ x®® m ® 6 k» C 00§ =>GaI= a% $ƒ / \ / /\\ƒ \\ Q) \\ \ ai )) Q )» \ Q ƒ3 \\/ ATTACH M ENT CO COMPENSATION COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION A. Not to Exceed The total fee for Basic Services shall be computed on the basis of the Schedule of Charges but shall not exceed FIFTY FIVE THOUSAND NINE HUNDRED DOLLARS ($55,900.00). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work Staff Member Resident Representative Salary Cost Times Multiplier of 2.3 Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense, communication :expense, travel, transportation and subsistence away from Fart Worth and 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. Rates for Inhouse Services Computer $10.00 per hour Plotter Band Special Color $ 2.50 per plot $ 5.00 per plot $ 5.75 per plot Testing Apparatus Density Meter $700.00 per month Gas Detection $ 20.00 per test CO -1 Printing Black and White $0.10 per copy Color $0.50 per copy Binding $5.75 per book CLIENT 10 -25 -07 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT I. DEFINITIONS: The term Owner as used herein refers to the City of Southlake, Texas . The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and theiremployees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2, CHANGES: Owner, 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 under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part ofthe Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of tenmination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non - operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design .criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability General Aggregate $2,000 Workers' Compensation Each Accident $500 Automobile Liability (Any Auto) CSL $1,000 Professional Liability $3,000 Annual Aggregate SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others, Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Page 1 of 2 FNI OWNER POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have no responsibility for any pollutant during clean -up, transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates_ Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 1.1. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's perfonnance, not is FNI responsible for the 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 the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1 %) per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges. 13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other parry, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: if a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict. Page 2of 2 FNI OWNER I I it u