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Item 4DCITY OF SOUTH LA KE MEMORANDUM (October 6, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve a Professional Services Agreement for the design of the T.W. King Meter Station with Freese and Nichols, Inc. in the amount of $66,600 Action Requested: Approve a Professional Services Agreement for the design of the T.W. King Meter Station to Freese and Nichols, Inc. in the amount of $66,600. 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 from the existing Caylor line to the T.W. King Pump Station located in the northern portion of the city. The T.W. Pump Station is located in the northwest part of the city. Based upon the results of that study, it has been determined 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. The City Council also awarded the design contract for Segments B, C, D, and E on March 3, 2009, which when constructed will connect Segments A and F. The wholesale water purchase contract between the cities of Southlake and Fort Worth requires a meter station to be constructed to Fort Worth standards before water can be purchased from Fort Worth. As a requirement of the contract, a "Line of Sight" study which establishes the design parameters for the proposed meter station is required to enable it to communicate with the Caylor Pump Station. Freese and Nichols, Inc. (FNI) will perform this "Line of Sight" study using Fort Worth's Caylor Road meter station as the base station. In addition, FNI will prepare a civil site layout plan for the proposed meter station that meets the City of Fort Worth requirements. FNI will also verify that there is an adequate power supply available at the proposed site and once the city has reviewed and approved the location will prepare civil site plans for the T.W. King Meter station. The construction plans will include the structural design of the meter vault as well as electrical site plans and diagrams. FNI will also prepare the contract documents and assist in the bid phase of the project. FNI will also serve as a general represenation during construction of the meter station by making periodic site visits to observe the progress of the construction and the quality of the work. In this effort, FNI will endeavor to protect the city against defects and deficiencies in the work of contractors. The design schedule anticipates completion of the design contract in the Spring of 2010. Construction funding is programmed in the FY 2010 CIP Budget. Financial Considerations: Staff recommends funding the project from the following existing CIP account: 502699- 598801 -00030 $ 66,600.00 Strategic Link: The construction of the T.W. King Meter Station 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: Collaborating with select partners to implement service solutions, providing high quality customer service, and investing to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: This is the standard professional services contract that has been previously reviewed by the City Attorney. Alternatives: The City Council may approve the professional services agreement with Freese and Nichols, Inc. or deny it. Supporting Documents: Freese and Nichols, Inc. Proposal Project Schedule Project Map Staff Recommendation: Approve a Professional Services Agreement for the design of the T.W. King Meter Station with Freese and Nichols, Inc. in the amount of $66,600. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michelle McCullough, P.E., Civil 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.Wholesale Meter Station this project is to be known as the SCADA Path Study and Design of Meter Station 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. (.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. Page 1 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 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 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. Page 2 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. 1. 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. Page 3 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. 11. 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; Page 4 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. Ill. 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 1, the ENGINEER shall be paid (as outlined in Attachment 1) a lump sum fee of $66,600 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 1.0% 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. Page 5 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. Page 6 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 IX. Vlll. 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 rendered through the date of termination together with any additional expense then due... IX. ARTICLE ARTICLE OWNERSHIP OF DOCUMENTS all services reimbursable 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. Page 7 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 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 asset 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 within a period of 160 calendar days plus CITY review time after Notice to Proceed. 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 Page 8 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. X111. 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: Ron King, P.E. Freese and Nichols, Inc. 2220 San Jacinto Blvd., Suite 330 Denton, Texas 76205 Phone: 940 - 220 -4350 Fax: 940 - 387 -4677 All notice shall be effective upon the date of receipt. X1111. 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. Page 9 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 e executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: By: John Terrell, Mayor ATTEST: By: City Secretary ENGINEER: By: 1� Thomas Haster, P.E. Printed Name Principal , {Title} Page 10 THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared Thomas Haster, 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 office this ;,),`_ day of A.D. 2009 (SEAL) S LOA MAZOM WCM-10-SWUM2 otary Public, btate,ot I exas Notary's Name Printed Page 11 ATTACHMENT 1 SCOPE OF SERVICES AND RESPONSIBILITIES OF CITY SCADA PATH STUDY AND DESIGN OF METER STATION FOR THE CITY OF SOUTHLAKE ARTICLE I BASIC SERVICES: ENGINEER shall render the following professional services in connection with the development of the Project: A. SCADA PATH STUDY AND DESIGN OF METER STATION Upon execution of this AGREEMENT, ENGINEER shall: 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. SCADA Path Study Line of Sight Study a. i. ii. b. C. d. Study and Report Phase: Upon execution of this AGREEMENT, ENGINEER shall: Perform and analyze software results of `the Line of Sight Study for each meter station location using the Caylor Road Pump Station as the base station for SCADA communication. Prepare preliminary site plan of the proposed site for the T.W.. King Road meter station site. Provide information on the preliminary site plan that meets City of Fort Worth Water Department requirements. Furnish two (2) copies of the Preliminary Line of Sight Study, sealed by a Registered Professional Engineer in Texas to the Cities of Southlake and Fort Worth. Meet to discuss results of the Line of Sight. Study and SCADA modifications necessary with the Cities of Southlake and Fort Worth. Revise study based on comments from the meeting with the CITY and provide two (2) copies to the CITY (Southlake and Fort Worth). TASK A -3. Meet to discuss review comments with the Cities . of Southlake and Fort Worth as needed during the design phase. Meetings resulting from CITY initiated changes to designs or studies already approved by the CITY will be considered additional services. TASK A -4. Coordinate with local utility company to verify adequate power supply at each location. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. TASK A -5. Design Phase - After CITY has accepted the study and has issued written authorization to proceed with the Design Phase, ENGINEER shall: a. Prepare Civil Site Plans for the T.W. King Wholesale Meter Station. Prepare design documents consisting of Final Design drawings and outline specifications for a new wholesale water meter station at the City's T.W. King Road Pump Station site. The following items will be included with the design: i. Site Layout and Construction Plan for the fire hydrant, meter vault, and SCADA equipment location ii. Meter and Vault improvements iii. Fencing, Paving, and Drainage plans for all - weather access road to the meter station iv. Furnish CITY, when requested, the engineering data necessary for applications for routine permits required by local, state, and federal authorities. V. Prepare revised opinion of probable construction cost. vi. Technical Specifications b. Prepare Electrical Site Plans and Diagrams for the T.W. King Wholesale Meter. The electrical design of the vault assumes power for the meter will be taken from the existing pump station site. The design of the vault also includes: i. One (1) transit time meter ii. One (1) interior light iii. One (1) electrical receptacle iv. One (1) RTU with radio V. One (1) sump pump vi. One (1) vent and fan vii. One (1) internal heater viii. One (1) dehumidifier ix. Provide Process and Instrumentation Diagrams with the construction plans and specifications for the meter station. c. Structural design of the meter vault. Prepare plans and technical specifications for the construction of a concrete meter vault that will accommodate the piping and electrical equipment for a wholesale meter from the City of Fort Worth. d. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. Page 13 e. Furnish CITY two (2) sets of copies of plans, specifications, and bid proposals marked "50%" for review and comment by the Cities of Southlake and Fort Worth Water Department. The comments generated from the 50% review will be used to bring the plans to "90%" completion. A second submittal of two (2) sets of copies of plans, specifications, and bid; proposals marked "90%" for review and comment by the Cities of Southlake and Fort Worth Water Department. The comments generated from the 90% review will be used to bring the plans to "Final" completion. Upon final approval by CITY, ENGINEER will provide CITY six (6) sets of copies of "Final" half -size plans, full -size plans, and executed contract books for distribution to the Cities of Southlake and Fort Worth, three sets each. 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 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 not be responsible for the means, methods, techniques, sequences or Page 14 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 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 four (4) 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, ENGINEER 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 Page 15 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 plans with markings that represent how the meter station 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 (2) sets of full size (22 "x34 ") drawings on bonded paper. ENGINEER will provide the CITY with all topographic survey and construction drawings on CD IDVD in ACAD 2000 format and .tiff 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 II 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. Each Temporary or Permanent Easement will be provided at a cost of $520 per each easement document prepared. 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 in excess of the number of trips included in Article I of Attachment 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 Page 16 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. 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. Page 17 ARTICLE III 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: • Line of Sight Study and Preliminary Site Plan — 55 Calendar Days after NTP • 50% Design Submittal — 45 Calendar Days after approval of Line of Site Study /Preliminary Site Plan • 90% Design Submittal — 30 Calendar Days after approval of 50% Design Submittal • 100% Plans and Specifications — 30 Calendar Days after approval of 90% Design Submittal If ENGINEER'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 excessive, then ENGINEER reserves the right to negotiate additional compensation for additional services related to the delay ARTICLE IV 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 II of this AGREEMENT or other services as required. Page 18 E. Bear all costs incident to compliance with the requirements of Article IV. 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