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Item 4ICity of Southlake, Texas MEMORANDUM December 18, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Authorize a Professional Services Agreement with Freese and Nichols, Inc. for Engineering Design Services for Segments A and F of the North Water Supply Pipeline Project Action Requested: Authorize a Professional Services Agreement with Freese and Nichols, Inc. for Engineering Design Services for Segments A and F of the North Water Supply Pipeline Project. Background Information: On February 20, 2007, the City Council awarded a contract to Freese and Nichols to perform a Route Analysis Study to determine possible alignments for the new water supply pipeline to the T.W. King Pump Station located in the northern part of the city. Based upon the results of that study, it appears that an alignment along the proposed FM 1938 right - of -way is the preferred alternative. However, a number of issues will need to be resolved before the final alignment is determined. Segments A and F are common to both alignments outlined in the route study. As such, design work can begin on these two segments allowing us to move ahead with the design while the remaining issues on the final alignment are worked out. Public Works staff will be bring subsequent design services contracts for segments B -E back to the Council as soon as the remaining alignment issues are finalized. Previously approved Capital Improvement Program budgets include funding for professional services to design segments A and F of the 30" North Water Supply Pipeline. Segment A is from the intersection of Pearson Lane and Florence Road at the end of the existing 42" water line and terminates at the intersection of Randol Mill Road (FM 1938) and Florence Road. The second portion of this design project, Segment F, begins at the north side of SH 114 and T.W. King intersection and connects to the T.W. King Pump Station. The total scope of this portion of the project is approximately 7,500 If of 30" water transmission line. In addition to basic design services, Freese and Nichols, Inc. will also prepare right of way documents for our use in acquisition of rights of way and easements necessary for construction. They will also provide geotechnical engineering and laboratory testing to analyze soils along the route for use in design of the trench system and for use by the prospective bidders. The geotechnical analysis will also make a recommendation for full depth pavement replacement for Florence Road from Pearson Lane to Randol Mill. Freese and Nichols, Inc. will provide environmental services by conducting site visits and consulting with the Texas Historical Commission to determine whether permits will be required along the proposed pipeline alignment. Freese and Nichols, Inc. will assist during the bid phase with distribution of plans and specifications, preparation of bid addenda, review of the bids and recommendation for award. During the construction phase, they will assist city staff by reviewing contractor submittals, including shop drawings and monthly pay requests, progress meetings during construction, change orders, general observation of construction, and preparation of record drawings. The Engineer's current Opinion of Probable Cost for Segments A and F including Engineering, Surveying, right -of -way and easement acquisition is $2,931,300. The design schedule anticipates completion of the design contract in the summer of calendar year 2008. Construction funding is programmed in the FY 2008, FY 2009 and FY 2010 CIP Budget. Financial Considerations: The total fee for this agreement is $232,200. Funds are available for these services in previously approved Capital Improvement Programs. Citizen Input/ Board Review: None Legal Review: This contract will use our Standard Form of Agreement previously drafted by the City Attorney. Alternatives: The City Council may approve the proposed professional services agreement or deny it. Supporting Documents: Freese and Nichols, Inc. Proposal Project Map Staff Recommendation: Authorize a Professional Services Agreement with Freese and Nichols, Inc. for Engineering Design Services for Segments A and F of the North Water Supply Pipeline Project. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michelle Speaker, P.E., Civil Engineer THIS AGREEMENT is made this day of , 200 by and between the City of Southlake, Texas (hereinafter referred to as "CITY "), and Freese and Nichols, Inc. (hereinafter referred to as "ENGINEER "). WHER A, CITY contemplates the need to make improvements to be known as the North Water Supply Pipeline Design Project Segments A and F 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. LARTICLE 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. Services refers to the professional services performed by ENGINEER pursuant to this Agreement. 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 NGINEER'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 • • • • e 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. 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. Assignment F. Party 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. �m 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. 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 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. 111. ARTICLE CITY will: 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 ENGINR'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 NGINER'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. ARTICLE The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work contemplated in Article I, the ENGINEER shall be paid (as outlined in Attachment 1) a lump sum fee of $152,900 in accordance with the following payment schedule: • Upon satisfactory completion of the 50% Design, the CITY shall pay 45% of the Basic Design Fee • Upon satisfactory completion of the 90% Design, the CITY shall pay 25% of the Basic Design Fee • Upon satisfactory completion of the Final Design, the CITY shall pay 10% of the Basic Design Fee • Upon Substantial Completion of Construction, the CITY shall pay 15% of the Basic Design Fee • Upon Final Completion of Construction and Delivery of Record Drawings, the CITY shall pay 5% of the Basic Design Fee as billed monthly by ENGINEER, plus a cost plus fee Not To Exceed $79,300 for the Special Services as outlined in Article II of Attachment 1. Page 5 A R T ICLE TIMES OF BILLING AND PA YMENJ 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. �� • 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. Page 6 parties in writing outlined in 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 ENGINER's undertaking herein or its performance of services, and it is agreed that the ENGINEER is not a fiduciary with respect to the CITY. a l l •me 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. The CITY may terminate this Agreement at any time for convenience or for any cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE 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. Page 7 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. ENGINEER shall carry and maintain at all times relevant hereto, at ENGINER'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 as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. Page 8 XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed 165 days after Notice to Proceed and Topographic Survey. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINR'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. ROM Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: Robert Price, P.E. Director of Public Works City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817- 748 -8097 Fax: 817- 748 -8077 If to ENGINEER: Steven Metzler, P.E. Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Phone: 817- 735 -7300 Fax: 817- 735 -7491 All notice shall be effective upon the date of receipt. Page 9 XIII. ARTICLE SEVERABILITY In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. XIV. ARTICLE VENUE -LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to e executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: By: Andy Wambsganss, Mayor ATTEST: By: City Secretary ENGINEER: By: Robert F. Pence, P.E., BCEE Printed Name President and CEO , {Title} Page 10 THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared Robert F. Pence 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 December A.D. 2007 SEAL No i ate of exas Smy KELLY J. SHRIVER / � Notary Public L i ll Lj * STATE OF TEXAS Notary's Name Printed Comm. Exp, 01/08/2011 Page 11 ATTACHMENT 1 SCOPE OF SERVICES AND RESPONSIBILITIES O NORTH WATER SUPPLY PIPELINE DESIGN F OWNER THE CITY OF • GENERAL: The City of Southlake North Water Supply Pipeline Design Project Segments A and F (the Project) will include design of the following facilities: Beginning at the intersection of Pearson Lane and Florence Road, the approximate location of the end of the 42 -inch transmission line, and terminates at the intersection of Randol Mill Road (FM 1938) and Florence Road, Segment A. The second portion of this design begins at the north side of the SH 114 and T.W. King intersection and terminates in the T.W. King Pump Station, Segment F. The total distance for the Project is approximately 7,500 LF of 30 -inch water transmission line. See attached Exhibit for Pipeline Segment references. ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. FINAL DESIGN FOR NORTH SUPPLY PIPELINE SEGMENTS A AND F Upon execution of this AGREEMENT, FNI shall: TASK A -1. Kick -off meeting to consult with the City of Southlake (hereinafter known as OWNER) to: a. Review the scope of services b. Verify OWNER's requirements for the Project c. Review available data. d. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist OWNER in connection with any such services. TASK A -2. Prepare Design Drawings for the design of 7,500 Linear Feet of 30 -inch water transmission pipeline to Fort Worth construction standards. a. Prepare plan and profile sheets of the water line construction documents at 1 " =20' scale (Horizontal). b. Prepare Water line construction details to be included with the construction documents. Details will be to City of Fort Worth Water Department standards. c. FNI design engineers will visit the project site as needed during the design phase. to verify field conditions and topographic survey. d. FNI will design the pipeline to accommodate current and future hydraulic conditions such that the pipe will provide adequate water delivery to the T.W. King Pump Station from the Caylor Road meter station. e. FNI will prepare construction documents and technical specifications as part of the construction documentation. The contract documents will be to the OWNER'S standards and the technical specifications will be to City of Fort Worth Water Department standards. f. FNI will prepare an opinion of probable construction cost for the pipeline construction. The opinion of probable cost will be submitted to the OWNER with plans and specifications at 50 %, 90 %, and Final review submittals. g. FNI will submit two full size (22 "x 34 ") set of construction plans, specifications, and opinion of probable cost to the OWNER for review at each submittal milestone. The comments provided by the OWNER at 50% will be used to take the plans to 90% complete. The comments provided by the OWNER at 90% will be used to take the plans to Final Completion. i. FNI will submit 2 sets of plans to the OWNER for review at the 50% and 90% submittal milestones. ii. FNI will submit 2 sets of plans to the City of Fort Worth Water Department for review at the 50% and 90% submittal milestones. TASK A -3. Coordinate with Franchise Utility Companies: a. FNI will submit water line construction plans to franchise utilities present in the area for review and comment. FNI will submit approved 50% complete plans to the Utility Companies for review. b. FNI will discuss utility locations and coordinate the location of the water transmission line based on communications with franchise utility companies. FNI will resend plans and confirm utility location with 90% complete plans. c. FNI will perform a Level "C" SUE investigation as recommended in the Design Report, between the 50% and 90% submittals. The Level "C" investigation will be performed in coordination with Franchise Utility crossings. TASK A -4. Meet with the OWNER on six occasions to discuss the plan and specification submittals. These meetings will also include time to meet with the City of Fort Worth for review of plans and specifications. ADVERTISEMENT AND CONSTRUCTION Upon execution of this AGREEMENT, FNI shall: TASK B -1. BID PHASE. Upon completion of the design services and approval of "Final" drawings and specifications by OWNER, FNI will proceed with the performance of services in this phase as follows: a. Prepare 30 sets of half sized (11 "x17 ") construction drawings and contract documents and distribute them to prospective bidders through FNI's offices for a non - refundable fee to cover the cost of reproduction. FNI will post the notice of construction on FNI's website. FNI will send plans and specifications to two plan rooms, sending plans and specifications to additional plan rooms will be an additional service. It is the responsibility of the OWNER to publicly advertise the project and the prospective bid opening date. b. Assist Owner by responding to questions and interpreting bid documents. Prepare addenda to the bid documents to forward to OWNER for distribution, if necessary. c. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER. Page 13 TASK B -2. CONSTRUCTION PHASE: Upon completion of the bid phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. a. Attend a pre- construction conference. FNI will conduct the meeting and prepare minutes. FNI will provide the Contractor and OWNER three 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 OWNER and contractor. All communications between FNI and the Contractor will be through the OWNER. 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. FNI will be responsible for verifying that all required submittals have been received from the Contractor. FNI will notify the OWNER and Contractor in writing of the outstanding required submittals. ii. FNI will be responsible for the log in and distribution of contractor submittals. iii. FNI will not review pay estimates until after the OWNER'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. FNI will serve in the capacity of General Representation during construction. In this capacity, FNI will: a. Make five (5) monthly site visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort, FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to OWNER. Visits to the site in excess of the specified number are an additional service. b. Provide general recommendations to the OWNER for the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by FNI. c. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, study or design for substitutions of equipment or Page 14 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 Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the OWNER are an additional service. d. Prepare Record Drawings of the completed project after the final walk through. The OWNER will coordinate with the CONTRACTOR to produce a set of plans with markings that represent how the pipeline was installed that both parties agree on. The OWNER will provide the plans to FNI to produce record drawings. FNI will deliver to the OWNER two set of full size (22 "x34 ") drawings, one on bonded paper and one on mylar film. FNI will provide the OWNER with all topographic survey and construction drawings on CD in ACAD 2000 format and Adobe PDF format of the construction plans at the conclusion of the project. TASK B -4. Conduct, in company with OWNER'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 SPECIAL SERVICES: FNI shall proceed with the special service task only after the scope, fee, and schedule have been negotiated and agreed upon by the OWNER and only with written authorization from the OWNER. A. ADDITIONAL MEETINGS WITH THE OWNER FNI will conduct additional meetings with the OWNER after the number of meetings in the Basic Services, Article I have been exceeded and with OWNER approval. The cost for additional meetings will be at a rate of $1,500 per meeting, as authorized by the OWNER, for an estimated total of 4 additional meetings totaling $6,000. B. ADDITIONAL CONSTRUCTION SITE VISIT AND PROGRESS MEETINGS WITH THE OWNER FNI will conduct additional meetings with the OWNER and Contractor and visit the construction site after exceeding the number of meetings in the Basic Services, Article I have been exceeded and with OWNER approval. The cost for additional site visits and progress meetings will be at a rate of $1,500 per meeting, as authorized by the OWNER, for an estimated total of 5 additional meetings totaling $7,500. C. TOPOGRAPHIC SURVEY: FNI will retain and monitor the efforts of a surveying firm (Brittain and Crawford) to provide the following Surveying Services ($32,750): • Provide survey control along the pipeline route in a coordinate system approved by the Owner, and compatible with other pipeline projects. • Provide topographic survey for a 60 -foot width along the pipeline routes for up to 7,500 linear feet. Topographic survey will not include individual tree surveys. • Provide survey ties to major utility lines, as located by the utility owners. • Survey will be performed in NAD83 coordinates and City GPS coordinate system. D. EASEMENTS: FNI will retain and monitor the efforts of a surveying firm (Brittain and Crawford) to provide the following services: ® Provide deed research for the preparation of easement documents. (This task does not include title research) Page 15 Prepare metes and bounds easement descriptions for each private tract. A separate description will be prepared for both permanent and temporary easements. For budgeting purposes, a maximum of five tracts are estimated (10 Easement Documents). Payment for parcel descriptions shall be on a per parcel basis. If more than five parcels are required (10 Easement Documents), then additional payment will be required, for not only the cost for easement preparation on a per each basis but also for the cost of additional field work. Trees of 8- inches in diameter will be tied into the topographic survey and shown on easement documents. Each Temporary and Permanent Easement will be provided at a cost of $520 per each easement document prepared, Not To Exceed $10,400 for 20 easements for this project, Pipeline Segments A and F(estimated number of easements). E. GEOTECHNICAL ENGINEERING FNI will provide geotechnical engineering and a sub - consultant drilling and laboratory- testing firm to provide the following services ($8,600 for bore samples and $2,900 for pavement repair recommendations): • Review geologic maps and the pipeline route to identify testing locations • Drill up to ten (10) borings; 8 at 15 feet deep and 2 at 20 feet deep. For budgeting purposes, a maximum of ten (10) borings are assumed. Scope and Fee may be adjusted to account for additional borings, as necessary. Log the borings, and obtain soil samples for soil classification and the corrosion analysis testing. Provide rock cores and RQD of rock, where applicable. • Provide laboratory testing, including Atterberg limits, unconfined strength of rock samples, sieve analysis, and water content. • Provide conclusions of testing and geotechnical analysis in a report, for use of the pipeline designers and prospective bidders. • Provide a recommendation for full depth pavement replacement with cement stabilized base, or as recommended by the Geotechnical Sub - consultant, for Florence Road from Pearson Lane to Randol Mill. F. ENVIRONMENTAL PERMITTING: FNI will provide the following Environmental Science Services ($11,150): • Conduct site visit. FNI environmental scientists will conduct a site visit(s) to make observations along the proposed pipeline alignment in order to delineate existing conditions (environment) and assess project impacts. The presence and locations of waters of the U.S., including wetlands; potential threatened /endangered species habitat; and vegetation cover types will be identified in the proposed ROW. FNI will review the Environmental Document prepared for the construction and expansion of FM 1938. Consult with Texas Historical Commission Projects sponsored by municipalities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require advance project review by the Texas Antiquities Committee according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project is expected to exceed these impact thresholds, coordination with the Committee will be required. FNI will prepare a letter to the Texas Historical Commission describing the project and requesting the Committee's review. Page 16 ® Evaluate Permitting Issues FNI will evaluate the proposed pipeline alignment for environmental permits based on data gathered in the field and from other readily available sources. This task does not include direct correspondence with any regulatory agencies except the THC. Prepare Report FNI will prepare a memo documenting the results of the field study and the permit evaluation, including the presence of waters of the U.S., potential of the project to affect threatened /endangered species or their habitats, and the results of the THC's review for potential effects on cultural resources. The report will include an opinion on the need for a Section 404 permit, potential mitigation issues, and the anticipated schedule for these items. ffl ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically authorized in writing by OWNER, which are not included in the above - described Basic Services or Special Services, are described as follows: A. Additional Meetings between the Engineer and Owner stated in Article II will be at a rate of $1,500 per meeting. B. Preparation of a preconstruction notification for nationwide 404 permit coverage. C. Preparation of a standard individual Section 404 permit application. D. GIS mapping services or assistance with these services. E. Site visits and meetings in excess of the number of trips included in Article II. F. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. G. Providing a surge model for the waterline. H. Providing modeling of the distribution system. 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, FNI 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. Page 17 N. O P. Q R S. T. U Application to Texas Commission on Environmental Quality for individual 401 Water Quality Certification. Application for General Land Office easements. Application for Texas Parks & Wildlife Department Sand and Gravel Permit. Additional field investigations or analysis required to respond to public or regulatory agency comments. Consultation with the U. S. Fish and Wildlife Service under Section 7 of the Endangered Species act. Expert representation at legal proceedings or at contested hearings. Mitigation monitoring if required by permit conditions. Monitoring compliance with permit conditions. Additional modifications to the compensatory mitigation plan. ARTICLE IV TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: • Complete Topographic Survey within 42 calendar days of Notice to Proceed. • Provide the OWNER with a finalized horizontal pipeline alignment for formal approval, 56 calendar days after Notice to Proceed • Provide the OWNER with easement and right -of -way documents for right -of -way acquisition 21 calendar days after the OWNER accepts the final alignment. • Complete Final Design within 154 calendar days of Notice to Proceed. If FNI's services are delayed through no fault of FNI, FNI 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 OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. If these delays are excessive, then FNI reserves the right to negotiate additional compensation for additional services related to the delay Page 18 ARTICLE V RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as 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 FNI's services for the Project. B. 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. C. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, 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 FNI. D. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment 1, Article III of this AGREEMENT or other services as required. E. Bear all costs incident to compliance with the requirements of Article V. Page 19 Basic e Design Cost Special Services Cost Additional Project Planning and Design Meetings (4) = $6,000 Additional Construction Site Visits and Progress Meetings (5) = $7,500 Topographic Survey for 7,500 LF = $32,750 Water Line Easements (10 Permanent and 10 Temporary) = $10,400 Geotechnical Investigation (10 bore samples over 29,0001-F) = $8,600 Geotechnical pavement design recommendations for Florence $2,900 Rd = Environmental Investigation = $11,150 Total Basic Fee Design Total Special Services $152,900 79,300 Total Fee Budget: $232,200 COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON HOURLY RATES Attachment 1 continued Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum of $152,900. Compensation for Special Services shall be a not to exceed fee of $79,300 as authorized by Owner. If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charaes: Position Min Max PRINCIPAL 186.80 373.01 GROUP MANAGER 175.05 255.19 ENGINEER VIII 202.11 266.75 ENGINEER VII 178.40 220.37 ENGINEER VI 151.04 227.18 ENGINEER V 127.32 199.92 ENGINEER IV 108.26 154.49 ENGINEER III 93.02. 123.15 ENGINEER II 86.38 115.82 ENGINEER I 79.84 102.82 ELECTRICAL ENGINEER VI 149.30 184.43 ELECTRICAL ENGINEER V 122.41 160.67 ELECTRICAL ENGINEER IV 104.31 140.77 ELECTRICAL ENGINEER II 82.48 115.86 ELECTRICAL ENGINEER 1 58.35 76.58 MECHANICAL ENGINEER VI 134.50 186.73 MECHANICAL ENGINEER V 118.11 155.02 MECHANICAL ENGINEER IV 101.72 133.51 MECHANICAL ENGINEER III 89.11 116.95 DISCIPLINE LEADER II 161.86 212.44 DISCIPLINE LEADER 1 122.66 160.99 SENIOR RESIDENT REPRESENTATIVE 137.06 185.82 PROGRAM MANAGER II 140.57 197.05 PROGRAM ADMINISTRATOR 129.46 161.82 CONSTRUCTION CONTRACT ADMIN 111 103.61 185.82 CONSTRUCTION CONTRACT ADMIN II 72.00 142.58 CONSTRUCTION CONTRACT ADMIN 1 72.33 118.31 DOCUMENT CONTROL CLERK 54.32 81.27 SR DESIGNER 119.52 156.87 DESIGNER 11 106.42 144.13 DESIGNER 1 88.27 115.86. CADD DESIGNER 104.11 143.11 ENGINEERING TECHNOLOGIST I 59.30 77.83 TECHNICIAN IV 79.03 114.84 TECHNICIAN III 71.14 111.32 - TECHNICIAN II 58.84 86.00 TECHNICIAN 1 42.23 71.10 - GIS COORDINATOR 90.58 118.88 GIS ANALYST IV 78.28 115.33 GIS ANALYST III 74.39 101.27 GIS ANALYST II 62.70 89.13 GIS ANALYST 1 48.10 63.13 3D VISUALIZATION COORDINATOR 110.76 145.38 ENVIRONMENTAL SCIENTIST VII 143.25 188.02 ENVIRONMENTAL SCIENTIST VI 111.20 152.15 ENVIRONMENTAL SCIENTIST V 98.63 129.45 ENVIRONMENTAL SCIENTIST IV 86.05 122.77 ENVIRONMENTAL SCIENTIST 111 76,98 117.86 ENVIRONMENTAL SCIENTIST ll 58.67 77.00 ENVIRONMENTAL SCIENTIST 1 53.94 70.80 ARCHITECT VI 139.25 215.08 ARCHITECT V 114.06 149.71 ARCHITECT IV 88.88 116.65 ARCHITECT 111 87.90 115.37 ARCHITECT II 72.60 97.64 ARCHITECT I 58.81 77.19 PLANNER VI 119.72 157.13 PLANNER V 106.93 141.79 PLANNER III 71.25 95.33 PLANNER I 52.79 69.29 HYDROLOGIST VI 114.94 150.86 HYDROLOGIST V 111.95 146.93 HYDROLOGIST IV 94.98 124.66 HYDROLOGIST III 73.21 96.09 HYDROLOGIST II 73.84 96.92 GEOTECHNICAL ENGINEER VI 150.54 197.58 PUBLIC INVOLVEMENT COORDINATOR 85.25 111.89 WEB SERVICES ADMINISTRATOR 98.73 129.58 WORD PROCESSING /SECRETARIAL 54.72 78.78 OPERATIONS ANALYST 87.24 131.70 CONTRACT ADMINISTRATOR 72.29 94.88 INFORMATION SERVICES ADMINISTRATC 48.82 64.07 INFORMATION SERVICES CLERK 30.35 50.35 CO -OP 41.40 72.77 The ranges and Individual salaries will be adjusted annually RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter PC CAD Cations $10.00 per hr Bond $2.9 plot Other $5.00 per plot Color $5.75 per plot Print Shop Color Copies and PrIntFn $0.50 per single side copy $1.00 per double side copy Black and White Copies and Printing $0.10 per single side copy $0.20 per double side copy Binding $5.75 per book Testing Apparatus Density Meter $700.00 per month Gas Detection $20.00 per test OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth, and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent person other than staff members. ggp:08- 27 -07 -36 Aaacnment i pg. z City of Southlake - Water _ Transmission Line Trophy Club Legend w. Proposed Bores Proposed Staging Areas ProposeU Route - } Segment E - Proposed Route Ft Worth Water Lines � Proposed Route Q County Limits ' "" °" ProposeU Route ProposeU Route Segment F r Segment G '',.. Proposed Fort Worth Connection City Limits - ry _ Southlake Sewer Lines Tarrant County Parcels ' Southlake Water Lines Southlake Parcels Proposed Route SegmentD - r - -� o soo , o00 � - -- a - -•- -- k.,,� SCALE FEET I ProseU op Route Ir Seymem C � 77 �`•� vma y o y Y ti r.l , 8u. G C We k-i. 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