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.
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• • • • 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.
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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.
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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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;
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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
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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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Segment E
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Proposed Fort Worth Connection City Limits - ry _
Southlake Sewer Lines Tarrant County Parcels '
Southlake Water Lines Southlake Parcels Proposed Route
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