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.
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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
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.
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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.
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.
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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.
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;
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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.
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.
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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 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.
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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:
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
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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.
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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 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}
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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
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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.
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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
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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.
Page 19
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