Item 4C MemoCITY OF)USOUTHLAK-E
MEMORANDUM
(November 6, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve Interlocal Agreement with the City of Keller for
construction of the Caylor Wholesale Meter Modification.
Action
Requested: Approve Interlocal Agreement with the City of Keller for
construction of the Caylor Wholesale Meter Modification.
Background
Information: On April 21, 2011 the City of Fort Worth requested that the cities of
Southlake and Keller remove and replace an existing 16 -inch
turbine meter from the water line which supplies water to Southlake
and Keller. This is a companion project to the now 42 -inch
ultrasonic meter installed in 2010 -2011. It will provide redundancy
for Fort Worth and allow Southlake and Keller to utilize the capacity
of the 42 -inch water supply line. The turbine meter to be replaced
is located at the Caylor Ground Storage Tank and Meter Station.
The City of Southlake contracted with Freese & Nichols, Inc. to
prepare plans and specifications for the installation of the 36 -inch
Magnetic Meter. The Engineering Services Contract was in the
amount of $39,870.00. Circle C Construction Company is currently
under contract with the City to construct the TW King 30 -inch water
supply line. Construction of the 36 -inch magnetic meter at the
Caylor Pump Station will be added to the contract by change order.
The construction cost for this project is $166,700.00.
The Caylor water supply line is designed to provide 29 million
gallons per day (MGD) to the Cities of Southlake and Keller by
gravity flow. Previous agreement between the Cities apportions
this flow with 22 MGD to Southlake and 7 MGD to Keller. The cost
of this project will be apportioned by the same ratio. The
breakdown of the Cities costs are:
Freese & Nichols, Inc. Design Fee $39,870.00
Construction Cost Amount $166,700.00
Amount shared by Cities of Southlake and Keller $206,570.00
City of Southlake share (22/29= 75.86 %) $156,704.00
City of Keller share (7/29 = 24.14 %) $49,866.00
Financial
Considerations: This project is being funded from existing Capital Improvement
Program Utility Fund monies allocated in the City of Fort Worth
Wholesale Meter Modifications Project 00019. Staff recommends
that City Council approve the Interlocal Agreement with the City of
Keller.
Strategic Link: The installation of the 36 -inch Magnetic Meter links to the city's
strategy map relative to the focus areas of Infrastructure,
Performance Management and Service Delivery. The specific
corporate objectives that are met by the construction of these
improvements include: Invest to provide and maintain high quality
public assets and improve performance of delivery and operational
processes.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve the Interlocal Agreement or deny it
Supporting
Documents: Location Map
Freese & Nichols, Inc. Engineering Services Agreement
Interlocal Agreement
Staff
Recommendation: Approve of the Interlocal Agreement with the City of Keller for the
engineering design and construction costs associated with the
Caylor Wholesale Meter Modification Project.
Staff Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Alejandra Ayala, P.E., Civil Engineer
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INTERLOCAL AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is made by and between the City of Southlake, Texas ( "Southlake ") and the
City of Keller ( "Keller "), acting herein by and through their duly authorized city managers, for the
purpose of documenting the terms and conditions of an agreement whereby Southlake will
administer the engineering design contract and the construction contract to install a 36" magnetic
flow meter at the Fort Worth Caylor Water Pump Station to be known as the Caylor Wholesale
Meter Modification Project ( "Project ") and the cities will divide the local cost share of such project
for the design and construction of the Project as indicated in Exhibit A.
WHEREAS, Chapter 791, Texas Government Code authorizes Interlocal Contracts between
governmental entities to perform services either could undertake individually; and
WHEREAS, Southlake and Keller desire to design and construct the Caylor Wholesale Meter
Modification Project; and
NOW, THEREFORE,
WITNESSETH
1. Southlake shall provide administration for an engineering consultant contract for design
of the Project.
2. The cost for design of the Project is $39,870.00. The share of the cost for design required
from each city will be divided as indicated in Exhibit A.
3. Southlake shall provide administration for a construction contract for construction of the
Proj ect.
4. The cost for construction of the Project is $166,700.00. The share of the cost for
construction required from each city will be divided as indicated in Exhibit A.
5. In the event there are additional design costs or expenses involved in the engineering
design contract, the parties agree to share such costs proportionally in the same manner as
used for the initial design cost sharing identified in Exhibit A.
6. In the event there are additional construction costs or expenses involved in the
construction contract, the parties agree to share such costs proportionally in the same
manner as used for the initial construction cost sharing identified in Exhibit A.
AGREED this day of 1 2012.
CITY OF SOUTULAKE
Shana Yelverton, City Manager
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney
CITY OF KELLER
Steve Polasek, City Manager
ATTEST:
Sheila Stephens, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney
EXHIBIT A
CAYLOR WHOLESALE METER MODIFICATION PROJECT PARTICIPATION
Freese & Nichols, Inc. Design Fee
Construction Cost Amount
Amount shared by Cities of Southlake and Keller
City of Southlake share (22/29= 75.86 %)
City of Keller share (7/29 = 24.14 %)
$39,870.00
$166,700.00
$206,570.00
$156,704.00
$49,866.00*
*City of Keller shall provide a lump sum payment to the City of Southlake prior to beginning
construction.
Note: The Caylor water supply line is designed to provide 29 million gallons per day (MGD) to
the Cities of Southlake and Keller by gravity. Previous agreement between the Cities apportions
this flow with 22 MGD to Southlake and 7 MGD to Keller_ The cost of this project will be
apportioned by the same ratio.
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this AP) day of Y I , 2011 -by and
between the City of Southlake, Texas (hereinafter referred to as 'CITY "), and Freese
Nichols Inc. (hereinafter referred to as "ENGINEER ").
WHEREAS, CITY contemplates the need to make improvements to modify the
Southlake /Keller wholesale water meter at the Fort Worth Caylor Pump Station. This
project is to be known as the Caylor Wholesale Meter Modifications 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 I
which is attached hereto and incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Attachment I in accordance with the terms
set forth in this Agreement and in Attachment I.
B. Definitions.
Services refers to the professional services performed by ENGINEER pursuant
to this Agreement.
C. Changes.
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
ENGINEER's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
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D. Coordination With Owner.
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions.
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to
the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors /Third Party Rights.
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior consent of
CITY.
G. Independent Contractor.
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details of
the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure.
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the proposed
Project and business relations with abutting property owners. 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.
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I. Approval by CITY.
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees,
and subcontractors for the accuracy and competency of the Services performed under
this Agreement, including but not limited to surveys, designs, working drawings and
specifications and other engineering documents.
Such approval shall not be deemed to be an assumption of such responsibility
and liability by CITY for any negligent act, error, or omission in the performance of
ENGINEER's professional services or in the conduct or preparation of the subsurface
investigations, surveys, designs, working drawings and specifications or other
engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
J. Indemnification.
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF
DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR
NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT
ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS.
K. No Third Party Beneficiary.
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters /disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity, notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
L. Successors and Assigns.
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
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of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right -of -way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within reasonable
time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in
Contractor's work;
6. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land
use regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services.
10. Provide any other information or assistance as outlined in Attachment 1
hereto.
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III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be
paid a lump sum fee (as outlined in Attachment 1) of $39,870.00 as billed monthly by
ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for costs incurred in accordance with the
work performed provided the limits set out in Article III hereof have not been exceeded.
Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared
and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by
such records or other written proof as CITY deems necessary to verify the billings.
Remittances shall be made to ENGINEER's office at 4055 International Plaza, Suite
200, Fort Worth, Texas 76109.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day
when payment for services and expenses is due under the terms of this Agreement,
ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in
Chapter 2251 of the Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to
time and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee (see Attachment 1) as determined by the actual costs
incurred and by actual time expended, such services to be one or more of the following:
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;
Page 5
5. To provide resident project construction inspection, unless such inspection
is not required, in writing, by the CITY;
6. Other services agreed to by the parties in writing attached hereto as
Attachment II and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided. No warranty,
express or implied, is made or intended by the ENGINEER's undertaking herein or its
performance of services, and it is agreed that the ENGINEER is not a fiduciary with
respect to the CITY.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and
shall remain in force until work is completed on the Project or until terminated under the
provisions hereinafter provided in Article VIII.
VIII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience or for any
cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice
the ENGINEER shall immediately discontinue all services and work and the placing of
all orders or the entering into contracts for supplies, assistance, facilities, and materials
in connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered
through the date of termination together with any additional reimbursable expense then
due.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
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
Page 6
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in
a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY upon execution of
this Agreement. Such certificates shall provide that the insurer will give CITY not less
than ten (10) days notice of any material changes in or cancellation of coverage. In the
event any subcontractor of ENGINEER, with or without CITY's consent, provides or
renders services under this Agreement, ENGINEER shall ensure that the
subcontractor's services are covered by the same insurance limits 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 design is planned to be completed
so that the construction contract can be awarded by October 2012. 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 ENGINEER's compensation, it shall be modified accordingly,
subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817- 748 -8400
Fax: 817.748 -8010
If to ENGINEER: Thomas Haster, P.E.
Vice President
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Phone: 817 -735 -7300
Fax: 817- 735 -7392
All notice shall be effective Upon the date of receipt.
Page 8
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:
hag. Manager
ATTEST:
tHLA
B y:
• e
e • —
City Secretary
•. s
''!!! lilt l•�
ENGINEER:
By: 4 c� —
Thomas Haster, P.E., Vice President
Page 9
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared 0 I TO- known to me [or
proved to me on the oath of or through r
(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
ICE 9Q 1'3J0L _ _ of T -LEESE tend % A16kl.s ' -pic , and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of
A.D .
KELLY J. SHRIVER
STATE OF T EXAS ts
My 0Mrn. bP- 0II0WM6
N
Fice this ll day of
P I i , 2ate of Texas
Namb Printed
Page 10
ATTACHMENT 1
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development of
the Project:
A. DESIGN PHASE FNI shall provide professional services in this phase as follows:
1. Project Kickoff meeting with City of Southlake and City of Fort Worth.
2. Perform a detailed site Survey of existing meter station and meter vault. Tie down all existing
features onsite around meter vault. Measure all features and dimensions within meter vault for meter
modifications.
3. Review site Survey in field once received from Surveyor.
4. FNI will perform a hydraulic /HGL analysis to determine the flow depth through the proposed meter
to determine impacts on meter applicability and function.
5. Prepare 50% construction plans and specs including the following: Cover sheet with sheet index,
general notes, site plan, utility plan, electrical plans, preliminary vault plan and profile.
6. Submit 50% construction plans and specs to the City of Southlake and City of Fort Worth.
7. Attend one (1) review meeting with the City of Southlake to review 50% City review comments.
8. Prepare 90% construction plans and specs including the following: Cover sheet with sheet index,
general notes, site plan, utility plan, electrical site plan, detailed vault plan and profile with proposed
meter, site details, utility details, and electrical details.
9. Submit 90% construction plans and specs to the City of Southlake and City of Fort Worth.
10. Attend one (1) review meeting with the City of Southlake prior to meeting with Fort Worth to review
90% City review comments.
11. Attend one (1) review meeting with the City of Fort Worth to go over 90% City review comments.
12. Prepare 100% construction plans and specs and submit to both Cities for final review and approval.
B. BID OR NEGOTIATION 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:
1. 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.
L:U tasources lcbs\SlSouthlake%Caylor Meter ModslAgree FNI
1 OWNER
2. Maintain information on entities that have been issue a set of bid documents. Distribute information
on plan holders to interested contractors and vendors on request.
3. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue
addenda to the bid documents to plan holders if necessary,
4. At OWNER request, FNI will assist OWNER in the opening, tabulating, and analyzing the bids
received. Review the qualification information provided by the apparent low bidder to determine if,
based on the information available, they appear to be qualified to construct the project. Recommend
award of contracts or other actions as appropriate to be taken by OWNER. Pre - qualification of all
prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional
service.
5. Assist the OWNER in conducting a pre -bid conference for the construction projects and coordinate
responses with OWNER. Response to the pre -bid conference will be in the form of addenda issued
after the conference. Attend the tour of the project site after the pre -bid conference.
6. Assist OWNER in the preparation of Construction Contract Documents for construction contracts.
Provide ten (10) sets of Construction Contract Documents which include information from the
apparent low bidders bid documents, legal documents, and addenda bound in the documents for
execution by the OWNER and construction contractor. Distribute five (5) copies of these documents
to the contractor with a notice of award that includes directions for the execution of these documents
by the construction contractor. Provide OWNER with the remaining five (5) copies of these
documents for use during construction. Additional sets of documents can be provided as an
additional service.
7. Furnish contractor copies of the drawings and specifications for construction pursuant to the General
Conditions of the Construction Contract.
C. CONSTRUCTION PHASE Upon completion of the bid or negotiation 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 perfornance, 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.
These services are based on the use of FNI standard General Conditions for construction projects.
Modifications to these services required by use of other general conditions or contract administration
procedures are an additional service. If general conditions other than FNI standards are used, the
OWNER agrees to include provisions in the construction contract documents that will require the
construction contractor to include FNI and their sub - consultants on this project to be listed as an
additional insured on contractor's insurance policies.
1. Assist OWNER in conducting pre - construction conference(s) with the Contractor(s), review
construction schedules prepared by the Contractor(s) pursuant to the requirements of the
construction contract, and prepare a proposed estimate of monthly cash requirements of the Project
from information provided by the Construction Contractor.
2. Establish communication procedures with the OWNER and contractor. Submit monthly reports of
construction progress. Reports will describe construction progress in general terns and summarize
project costs, cash flow, construction schedule and pending and approved contract modifications,
L:1 Resources lcbs\SlSouthlake\Caylor Meter Mods\Agree FNI
2 OWNER
Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of contractor's submittals and provide for
filing and retrieval of project documentation. Produce monthly reports indicating the status of all
submittals in the review process. Review contractor's submittals, including, requests for
information, modification requests, shop drawings, schedules, and other submittals in accordance
with the requirements of the construction contract documents for the projects. Monitor the progress
of the contractor in sending and processing submittals to see that documentation is being processed
in accordance with schedules.
4. Based on FNI's observations as an experienced and qualified design professional and review of the
Payment Requests and supporting documentation submitted by Contractor, determine the amount
that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General
Conditions of the Construction Contract.
5. Make up to four (4) site visits and one (1) final walkthrough site visit, appropriate to the stage of
construction, 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.
6. Notify the contractor of non - conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports, equipment installation reports or other
documentation required by the Construction contract documents.
7. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses,
and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment
and/or materials or deviations from the drawings and specifications is an additional service.
S. Establish procedures for administering constructive changes to the construction contracts. Process
contract modifications and negotiate with the contractor on behalf of the OWNER to determine the
cost and time impacts of these changes. Prepare change order documentation for approved changes
for execution by the OWNER. Documentation of field orders, where cost to OWNER is not
impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of
equipment or materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and approved by
the Owner are an additional service. Substitutions of materials or equipment or design modifications
requested by the OWNER are an additional service.
Prepare documentation for contract modifications required to implement modifications in the design
of the project. Receive and evaluate notices of contractor claims and make recommendations to the
OWNER on the merit and value of the claim on the basis of information submitted by the contractor
or available in project documentation. Endeavor to negotiate a settlement value with the Contractor
on behalf of the OWNER if appropriate. Providing these services to review or evaluate construction
contractor(s) claim(s), supported by causes not within the control of FNI are an additional service.
10. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished
equipment or materials.
11. Conduct, in company with OWNER's representative, a final review of the Project for conformance
with the design concept of the Project and general compliance with the Construction Contract
Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation
of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and
L:( Resourceslcbs \S\SouthlakelCaylor Meter ModMgrce FNI
3 OWNER
keys from the contractor. Review and comment on the certificate of completion and the
recommendation for final payment to the Contractor(s). Visiting the site to review completed work
in excess of two trips are an additional service.
12. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. Two (2) sets of prints of
"Record Drawings" shall be provided by FNI to OWNER. FNI will provide OWNER with Tiff files
of the final Record Drawings on a CD for the OWNER'S use.
ARTICLE II
SPECIAL SERVICES: Special Services to be performed by FNI, if authorized by OWNER, which are not
included in the above described basic services, are described as follows:
A. Meetings with the City of Southlake, or the City of Fort Worth, in addition to normal submittal
review meetings stated in Article I.
B. Site Visits in addition to the number specified in Article I.
C. Coordination efforts during construction that are above and beyond typical scope required to
complete the construction project.
D. Additional design submittals to either the City of Southlake or City of Fort Worth, in addition to
submittal milestones stated in Article I.
Special Services will be billed at a CPM hourly rate for the employee that has performed the additional
effort.
ARTICLE III
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are
not included in the above described basic services, are described as follows:
A. Any design or modifications related to the existing 42" Ultrasonic Meter Station onsite at the Caylor
Meter Station site. (All design will be limited only to existing 16" Turbine Meter vault replacement
within the existing meter vault). If a Mag Meter is used that is smaller in size than the 36" Mag Meter,
work will need to be completed outside the meter vault and meter vault walls, and will constitute the
need for additional services. The intent is to have all improvements confined to the vault interior for
replacing the 16" Turbine Meter with a 36" Mag Meter.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right -of -way surveys, preparation of easement and deed descriptions,
including title search and examination of deed records.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof,
or to verify the accuracy of drawings or other information furnished by OWNER.
F. Providing renderings, model, and mock -ups requested by the OWNER.
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4 OWNER
G. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by OWNER or 2) due to other causes not
solely within the control of FNI.
H. Providing consultation concerning the replacement of any Work damaged by fire or other cause during
the construction, and providing services as may be required in connection with the replacement of such
Work.
I. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of force
account construction performed by OWNER.
J. Preparing applications and supporting documents for government grants, loans, or planning advances
and providing data for detailed applications.
K, Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of
equipment at any site remote to the project or observing tests required as a result of equipment failing the
initial test.
L. Conducting pilot plant studies or tests.
M. Preparing Operation and Maintenance Manuals or conducting operator training.
N. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and
preparations therefore before any regulatory agency, court, arbitration panel or mediator.
O. Furnishing the services of a Resident Project Representative to act as OWNER's on -site representative
during the Construction Phase. The Resident Project Representative will act as directed by FNI in order
to provide more extensive representation at the Project site during the Construction Phase. Through more
extensive on -site observations of the work in progress and field checks of materials and equipment by
the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for
OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project
Representative is subject to the provisions of Article I, D and Attachment RPR.
If OWNER provides personnel to support the activities of the Resident Project Representative who is
FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such
personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before
the services of such personnel are begun. It is understood and agreed that such personnel will work
under the direction of and be responsible to the Resident Project Representative. OWNER agrees that
whenever FNI informs him in writing that any such personnel provided by the OWNER are, in his
opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
P. Furnishing Special Inspections required under chapter 17 of the International Building Code. These
Special Inspections are often continuous, requiring an inspector dedicated to inspection of the individual
work item, and they are in additional to General Representation and Resident Representation services
noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an
Additional Service.
Q. Preparation of Conformed or "As Bid" plans and specifications for use during the construction phase.
These documents shall involve the incorporation of addenda items into the Contract Documents through
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5 OWNS
modification of the electronic files and reprinting of the plans and specifications inclusive of the
incorporated changes.
R. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes
with Contractor(s).
S. Performing investigations, studies and analyses of substitutions of equipment and /or materials or
deviations from the drawings and specifications.
T. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee
basis negotiated by the respective parties outside of and in addition to this AGREEMENT.
U. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and
other assistance required to address environmental issues.
V. Performing investigations, studies, and analysis of work proposed by construction contractors to correct
defective work.
W. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other
regulatory agencies that become effective after the date of this agreement.
X. Services required to resolve bid protests or to rebid the projects for any reason.
Y. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
Z. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete the work within the contract time.
AA. Providing services after the completion of the construction phase not specifically listed in Article I.
BB. 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.
CC. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due
to the presence of hazardous substances in any form.
DD. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of FNI.
EE. Providing value engineering studies or reviews of cost savings proposed by construction contractors after
bids have been submitted.
FF. Preparing statements for invoicing or other documentation for billing other than for the standard invoice
for services attached to this professional services agreement.
GG. Provide follow -up professional services during Contractor's warranty period.
HH. Provide Geotechnical investigations, studies and reports.
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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:
50% Construction Plans and Specs— 60 calendar days from date of signed contract
90% Construction Plana and Specs — 40 calendar days from receipt of 50% City review comments
Final Construction Plans and Specs — 21 calendar days from receipt of 90% City review comments
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 infonnation to be provided to FNI, governmental approvals, etc. These
delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in
Attachment CO.
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. Provide all criteria and full information as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations; and furnish copies of all design and construction standards which
OWNER will require to be included in the drawings and specifications.
C. 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.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and otherdocuments 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.
F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and
such approvals and consents from others as may be necessary for completion of the Project.
G, OWNER shall make or arrange to have made all subsurface investigations, including but not limited to
borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or
arrange to have made the interpretations of data and reports resulting from such investigations. All costs
associated with such investigations shall be paid by OWNER.
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H. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as OWNER may require or FNI may reasonably request with
regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such
auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used
the moneys paid under the construction contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing and performing the work.
OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project
Representative service so the Bidders can be informed.
If OWNER designates a person to serve in the capacity of Resident Project Representative who is not FNI
or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident
Project Representative(s) will be set forth in an Attachment attached to and made a part of this
AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also set forth
appropriate modifications of the Construction Phase services as defined in Attachment 1, Article I, C,
together with such adjustment of compensation as appropriate.
K. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other
job related meetings and substantial completion inspections and final payment inspections.
L. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or nonconformance of the
work of any Contractor.
M. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment 1, Article III of this
AGREEMENT or other services as required.
N. Bear all costs incident to compliance with the requirements of this Article V.
ARTICLE VI
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative: Alejandra Ayala, 1400 Main Street, Ste, 320, Southlake, Texas 76092;
Phone: 817 -748 -8274; Fax: 817 -748 -8077; email: aayala @ci.southlake.tx.us
Owner's Accounting Representative: Vickie Dewees, 1400 Main Street, Ste. 440, Southlake Texas 76092;
Phone 817- 748 -8187; Fax 817- 748 -8048; email vdewees@ci.southlake.tx.us
FNI's Designated Representative: Daniel A. Tremper, P.E., 2220 San Jacinto Blvd., Ste. 330, Denton, Texas
76205; Phone: 940 -220 -4352; Fax: 940 -387 -4677; email: dat @ffeese.com
FNI's Accounting Representative: Jana Collier, 4055 International Plaza, Ste. 200, Fort Worth, Texas 76108,
Phone: 817- 735 -1354; Fax: 817 - 735 -7496; email: jvc @freese:com
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FN
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ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Basic Services Compensation to FNI for the Basic Services in Attachment 1 shall be the lump sum fee of
Thirty Nine Thousand Eight Hundred Seventy Dollars ($39,870.00). If FNI sees the Scope of Services
changing so that additional services are needed, including but not limited to those services described as
Additional Services in Attachment 1, FNI will notify OWNER for OWNER'S approval before proceeding.
Additional Services shall be computed based on the Schedule of Charges.
B. Schedule of Charges for Additional Work
Staff Member Salary Cost Times Multiplier of 2.08
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for the time directly chargeable to the project, plus social security contributions,
unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity
payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.632 times
payroll. This factor is adjusted annually).
Other Direct Expenses Actual Cost Times Multiplier of 1.10
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For Resident Representative services performed by non -FNI
employees and CAD services performed In -house by non -FNI employees where FNI provides workspace
and equipment to perfonn such services, these services will be billed at cost times a multiplier of 2.0. This
markup approximates the cost to FNI if an FNI employee was performing the same or similar services.
Rates for In -house Services
Computer
$10.00 per hour
Plotter
Bond
Special
Color
$ 2.50 per plot
$ 5.00 per plot
$ 5.75 per plot
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $ 20.00 per test
3 -10 -04
Printing
Black and White
$0.10 per copy
Color
$0.50 per copy
Binding
$5.75 per book
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