HomeMy WebLinkAboutItem 09 - Hilton Lift StationMEMO TO:
FROM:
MEETING DATE:
SUBJECT
RECOMMENDATION:
ITEM A q ENIONNOMMENEWOMMEM
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
JUNE 1, 2004
ENGINEERING SERVICES CONTRACT
City Council to consider approval of an engineering services contract with Freese and Nichols Inc. in
the amount not to exceed $352,450.00 for Water Plant Improvements and Modifications to the Hilton
Lift Station, authorize staff to execute said contract and take any necessary action.
FUNDING SOURCE:
Funds are available as follows:
Funding Source
Account
Amount
Award
Percent
ty Bonds
200-48940-534-7-000003SW
$
160,000.00
$
160,000.00
5.7%
95 Utility Bonds
200 -48930 -534 -1 -00013 -WA
$
13,250.00
$
13,250.00
0.5%
HA Grapevine Reimb.
95 UB
200 -48930 -534 -1 -00013 -WA
$
211,545.04
$
179,200.00
7.6%
97 Utility Bonds
200 -48930 -534 -3 -000005 -WA
$
14,765.63
0.5%
99 Utility Bonds
200 -48930 -534 -5 -000015 -WA
$
27,764.75
1.0%
01 Utility Bonds
200 -48930 -534 -7 -000007 -WA
$
2,285,000.00
82.3%
Utiltiy Bond Int.
$
65,474.58
2.4%
TOTAL
$
2,777,800.00
$
352,450.00
100.0%
Budget
Amount
Award
Percent
Engineering
$
352,450.00
$
352,450.00
12.7%
Construction
$
2,109,000.00
75.9%
ROW/MISC
$
-
0.0%
Contigency
$
316,350.00
11.4%
TOTAL
$
2,777,800.00
$
352,450.00
100.0%
May 26, 2004 (3:26PM)
(T=recomponents of the Grapevine Utility Master Plan and will be funded by a
combination of Impact Fees and Utility Bonds.
The Water Treatment Plant and Hilton Lift Station require enlarged facilities to keep up with demand
created by growth in the Grapevine Utility System. Freese and Nichols Inc. recently completed a
preliminary design report to verify the extent of the improvements needed. The preliminary design
report identified the following improvements as necessary:
Ground Storage - The Grapevine Water Treatment Plant is currently rated at an eight million
gallon per day treatment capacity. Treated water is stored in ground storage tanks to provide for
peak water delivery during the day with a storage capacity of 2.4 million gallons. Growth in the
Grapevine service area requires additional water to assist in meeting water demand peaks during
the summer. The additional tank is 1.2 million gallons.
2. High Service Pumps — These pumps deliver water from the water treatment plant to the
distribution system. Growth has necessitated additional pumps and motor control facilities to
meet peak demands.
3. Baffling of Ground Storage Tanks — The Texas Commission of Environmental Quality (TCEQ)
requires minimum contact times between treated drinking water and a disinfecting agent to
ensure that all viruses and bacteria are killed. Grapevine utilizes chloramines as the disinfecting
agent. Baffling of the ground storage tanks increases the contact time and helps ensure
compliance with TCEQ rules.
4. Hilton Lift Station — The Hilton Lift Station conveys sewage from the north east portion of
Grapevine to the Grapevine wastewater treatment plant. Additional pumps are required to meet
increased demand.
Freese and Nichols Inc. provided engineering services for the design and construction of the existing
Water Treatment Plant and Hilton Lift Station. The attached contract would provide for design
phase, bid phase and construction phase services. Special services such as surveying, design geo-
technical investigation and construction phase materials testing are included. The fee is not to
exceed $352,450.00.
The unique knowledge of these facilities and expertise in environmental facility design allows Freese
and Nichols to provide a high level of service at an economy of scales for this project.
Staff recommends approval of the engineering services contract.
MS/ms
May 26, 2004 (10:35AM)
illkl
Nic 1 V ts, Inc. Engineers Environmental Scientists
4055 International Plaza, Suite 200
April 21, 2004
Fort Worth, Texas 76109 817 735-7300
Mr. Matthew A. Singleton
Assistant Director, Public Works/Operations
City of Grapevine
501 Shady Brook Drive
Grapevine, Texas 76051
Re: Agreement For Professional Services
Improvements at WTP and Hilton Lift Station
Dear Mr. Singleton:
Architects
817 735-7491 fax www.freese.com
We are pleased to submit two copies of the agreement for providing professional engineering services
to the City of Grapevine for the design of the improvements at the Water Treatment Plant and at the
Hilton Lift Station. The improvements are as discussed in the Preliminary Engineering Report dated
March 3, 2004, and as amended by memorandum dated April 12, 2004.
The scope of services were prepared based upon our understanding of the recommended
improvements and shall consist of the Design Phase, Bid Phase and Construction Phase General
Representation. Special services include surveying, design geotechnical investigation, construction
phase materials testing and the preparation of a desktop CT Study and submitting this study to the
TCEQ. Freese and Nichols, Inc. proposes to perform the professional services for a not to exceed fee
of $352,450.00. This fee is based upon the preparation of only one set of Bid Documents and having
only one construction contractor. Also, if the City desires to have a fulltime Resident Representative
on site during the construction of the improvements, the additional fee will be negotiated upon
completion of the Design Phase.
As previously agreed to by Mr. Jerry Hodge and Mr. Robert L. Nichols, the engineering fee shown in
the Agreement has been reduced by $10,000.00 to reflect the credit due the City of Grapevine.
If additional information or clarification is desired, please do not hesitate to contact us. If you are in
agreement with the services described in the attached Agreement For Professional Services and wish
for us to proceed with this assignment, please sign and return one copy of the agreement for our files.
S' cerely,
Samuel K. Nau , P.E.
Associate/Project Manager
cc: Robert L. Nichols, P.E.
[0FF04900]T:\1et\GPV Agreement Submittal.doc
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF TARRANT §
This AGREEMENT is entered into by the City of Grapevine, hereinafter called "OWNER" and Freese and Nichols,
Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: OWNER agrees to
employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees
to pay to FNI compensation. The Project is described as follows: Improvements at the Water Treatment
Plant and Hilton Lift Station.
II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in
Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of
this AGREEMENT.
III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this
AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part
of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of Services" for a
not to exceed fee of $352,450.00. Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 60
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and
reactivation and the fact that the time for performance under this AGREEMENT has been revised.
IV. TERMS AND CONDITIONS OFAGREEMENT: The Terms and Conditions ofAgreement as set forth as
Attachment TC shall govern the relationship between the OWNER and FNI.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone
other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for
the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party.
This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written
or oral understandings.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this AGREEMENT, the day of , 2004.
ATTEST: City of Grapevine
(OWNER)
ATTEST:
RAContract\2004\ Grapevine WTP.doc
Freese and Nichols, Inc.
(FNI)
By:
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
ATTACHMENT SC
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:
Prepare drawings, specifications, Construction Contract Documents, designs, and layouts of
improvements to be constructed, and surveys as required to prepare the drawings. These improvements
are as follows:
a. Design one new 1.2 million gallon (MG) welded steel ground storage tank. Modify the overflow
elevation in the bolted steel GST overflow piping to match the elevation of the overflow of the
other tanks.
b. Design modifications to allow the addition of curtain baffles in the four existing and one new
clearwell (GST).
C. Design improvements to add four new High Service Pumps with Variable Frequency Drives
(VFD's), two vertical turbine pumps in cans adjacent to the existing outdoor pumps and two
horizontal pumps in the basement of the filter building. Design includes the demolition of the
existing horizontal pumps.
d. Design modifications and improvements to the HVAC system within the Filter Building to allow
the addition of the new MCCs for the new pumps. This does not include a new service.
e. Design modifications and improvements to the electrical system within the Filter Building to allow
the addition of new MCCs for the new pumps.
f. Design site drainage, site improvements and modifications to the yard piping to allow the addition
of the new GST and High Service Pumps.
g. Design modifications at the Hilton Lift Station that will allow the addition of two new 2500 gpm
submersible pumps with mix valves.
h. Design the electrical and instrumentation improvements for the new high service pumping and the
Hilton Lift Station.
2. Provide field surveying required for the preparation of designs and drawings. Provide for setting of
benchmarks to be used by the Contractor in the field layout of the project.
3. Provide for a Geotechnical Investigation and prepare a geotechnical reports required for the design of the
improvements.
4. Advise OWNER of need for and recommend scope of special analysis, not included in this contract for
hydraulic model studies, underwater exploration and mapping, etc, and the retention of special
consultants.
The cost of such services shall be paid by OWNER and are not included in the services performed by
FNI.
RAContract\2004\ Grapevine WTP.doe
FNI_-t_
SC -1 OWNER
5. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits
required by local, state and federal authorities. Preparation of applications and supporting documents for
government grants or for planning advances is an Additional Service.
6. Submit drawings, specifications, and Construction Contract Documents to the applicable federal and
state agency(s) for approval, where required.
7. Furnish such information necessary to utility companies whose facilities maybe affected or services may
be required for the Project.
8. Prepare revised opinion of probable construction cost at the 50 and 90 percent submittal.
9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed.
10. Based upon the modifications made to the clearwells (GST), FNI shall prepare a desktop CT study
incorporating the modifications and submit the study to the TCEQ.
ll. Furnish OWNER five (5) sets of copies of drawings, specifications, and bid proposals marked
"Preliminary" for approval by OWNER. Upon final approval by OWNER, FNI will provide OWNER
five (5) sets of copies of "Final" drawings.
B. 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:
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.
2. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the
Notice to Bidders.
3. 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.
4. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to
the bid documents to plan holders if necessary.
5. 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.
6. 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.
7. 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
RAContract\20041 Grapevine WTP.doc
FNI T_
SC -2 OWNER
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.
8. 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 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.
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 subconsultants on this project to be listed as an additional insured on
contractor's insurance policies.
1. Assist OWNER in conducting Pre -Construction conference with the Contractor, review construction
schedules prepared by the Contractor 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. Provide Material Testing during the construction of the improvements to include concrete testing,
compaction tests and welding and paint inspection.
3. Establish communication procedures with the OWNER and contractor. Submit quarterly reports of
construction progress. Reports will describe construction progress in general terms and summarize project
costs, cash flow, construction schedule and pending and approved contract modifications.
4. 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.
5. 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.
6. Make a maximum of 10 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
RAContract\2004\ Grapevine WTP.doc
SC -3 OWNER
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.
7. 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.
8. Coordinate 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.
9. 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.
10. 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.
11. 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.
12. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment
or materials.
13. 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 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.
14. Revise the construction drawings in accordance with the information fumished 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.
RAContraet\2004\ Grapevine WTP.doc
SC -4 OWNER
ARTICLE H
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. Preparation of more than one set of Bid Documents and bidding the project in more than one bid.
B. GIS mapping services or assistance with these services.
C. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions,
including title search and examination of deed records.
D. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fumished by OWNER.
E. Providing renderings, model, and mock-ups requested by the OWNER.
F. 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.
G. 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.
H. 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.
I. Preparing applications and supporting documents for government grants, loans, or planning advances and
providing data for detailed applications.
J. 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.
K. Conducting pilot plant studies or tests.
L. Preparing Operation and Maintenance Manuals or conducting operator training.
M. 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.
N. 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.
RAContract\2004\ Grapevine WTP.doc FNI_TA_
SC -5 OWNER
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
h' 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.
O. 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).
P. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations
from the drawings and specifications.
Q. 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.
R. 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.
S. Performing investigations, studies, and analysis of work proposed by construction contractors to correct
defective work.
T. 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.
U. Services required to resolve bid protests or to rebid the projects for any reason.
V. 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.
W. 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.
X. Providing services after the completion of the construction phase not specifically listed in Article I.
Y. 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.
Z. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the
presence of hazardous substances in any form.
AA. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of FNI.
BB. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids
have been submitted.
RAContract\2004\ Grapevine WTP.doc FNI_
SC -6 OWNER
CC. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for
services attached to this professional services agreement.
DD. Provide follow-up professional services during Contractor's warranty period.
ARTICLE III
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:
1. Begin Design Phase
2. Complete Design Phase
3. Bid Phase
4. Construction Phase
Upon Authorization to Proceed
120 days
90 days
300 days
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. These delays may
result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO.
ARTICLE IV
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 O WNER'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
Proj ect.
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 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.
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.
RAContract\2004\ Grapevine WTP.doc FNI_Iff
SC -7 OWNER
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.
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.
I. 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 SC, 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 SC, Article II of this
AGREEMENT or other services as required.
N. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative - Name:
Address:
Phone:
Fax:
E-mail:
Owner's Accounting Representative - Name:
Address:
Phone:
Fax:
E-mail:
RAContract\2004\ Grapevine WTP.doc FNI
SC -8
• 01
FNI's Project Manager - Name: Samuel K. Naumann, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone: (817) 735-7223
Fax: (817) 735-7492
E-mail: slrn@freese.com
FNI's Accounting Representative - Name: Jana V. Collier
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone: (817) 735-7354
Fax: (817) 735-7496
E-mail: jvc@freese.com
RAContract\2004\ Grapevine WTP.doc
SC -9 OWNER
ATTACHMENT RPR
COMPENSATION
COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the Schedule
of Charges but shall not exceed Three Hundred Fifty Two Thousand Four Hundred Fifty Dollars ($352,450.00).
General Representation is based on a construction period of ten (10) months. 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.
Design Phase Fee has been reduced as previously agreed to in the amount of $10,000.00
B. Schedule of Charges:
Staff Member
Resident Representative
Salary Cost Times Multiplier of 2.3
Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto)
plus unemployment and payroll taxes and contributions for social security, employment compensation insurance,
retirement benefits, medical and other insurance, and other miscellaneous benefits.
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall 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, test, and other work required to be done by independent persons other
than staff members. For CAD services performed In-house by non-FNI employees where FNI provides workspace
and equipment to perform 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 Baine or similar services.
Rates for In-house Services
Computer Printing
$10.00 per hour Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Binding
$5.75 per book
Testing Apparatus
Density Meter $350.00 per month
Gas Detection $ 10.00 per test
3-10-04
RAContract\2004\ WTP Grapevine.doc
FNI�'H
CO -1 OWNER
01-01-02
TERMS AND CONDITIONS OF AGREEMENT
ATTACHMENT TC
1. DEFINITIONS: The term Owner as used herein refers to the City of Grapevine The term FNI
as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and
agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the
AGREEMENT.
2. CHANGES: Owner, 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 under
this clause causes an increase or decrease in FNI'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 the AGREEMENT modified in
writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability,
warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the
equipment or system, loss of anticipated profits or revenue, non -operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will 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. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design
criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI
harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to
Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.,
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Workers' Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability (Any Auto) Professional Liability
CSL $1,000 $3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at anytime during the progress of providing Services, Owner determines that any
subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall.be subject to the same regulations. Nothing
contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution
of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for
services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be
suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without
written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to
FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent
associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may
reuse' all drawings, report data and other project information in the execution of the Services provided under this
AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure
to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
OWNER
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor
contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous
substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk.
of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing
the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an
invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or
migrating from the site. Further, FNI shall have no responsibility for any pollutant during clean-up, transportation, storage
or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on
present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations,
feasibility studies, economic. analyses of alternate solutions and utilitarian considerations of operations and maintenance
costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's
judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control
over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors'
methods of determining their prices.
11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Construction
Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to
determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services,
FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any
observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor
is FNI responsible for the 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 the safety precautions
and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person
(except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner
designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's
agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in
writing and made a part of this AGREEMENT before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to OWNER. Statements for services
shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and
charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation.
If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's
statement for services therefore, the amounts due FNI will be increased at the rate of one percent (I%) per month from
said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend
services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges.
13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this
AGREEMENT may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby. bound and the partners, successors,
executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this
AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of
such other party, in respect of all covenants, agreements and obligations of this AGREEMENT.
Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except
to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted
by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph
shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in
the performance of services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions
typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the
Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of
the conflict.
i FNI
OWNER