ORDER NO. 30266
CONTRACT WITH FREESE AND NICHOLS, INC. REGARDING DAM
ASSESSMENTS
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Contract with Freese and Nichols, Inc. to perform assessments of Flat
Rock Lake Dam and Ingram Dam, as submitted, and authorize County Judge to
sign same.
3da6~,
'~ 1 D COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND
DOCUMENTS TO
BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley _ OFFICE: -County Judge
MEETING DATE: May 14, 2007 TIME PREFERRED:
SUBJECT: (please be specific) Consider, discuss and take appropriate action to approve
contract with Freese and Nichols, Inc. to perform assessments of Flat Rock Lake Dam
and Ingratn Dam and authorize County Judge to sign same, as applicable.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING THE COURT: -Judge Tinley
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
5:00 P.M. on the Tuesday prior to the meeting.
THIS REQUEST RECEIVED BY:
REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
Freese
~u ut
Nichols, Inc. Engineers
Environmental Scientists Architects
10814 Jollyville Road, Building 4, Suite 100 Austin, Texas 78759
April 25, 2007
The Honorable Pat Tinley
700 E. Main Street
Kerrville, Texas 78028
Dear Judge Tinley,
512-451-7955 512-451-7956 fax www.freese.com
In response to the Kerr County Commissioner's Court meeting on February 26, 2007 authorizing the
assessment of two dams in Kerr County, we are pleased [o submit this contract for providing professional
engineering/planning services to Ken County for the Assessment of Flat Rock Lake Dam and Ingram Lake
Dam.
We understand that the assessment of the concrete caps is needed to determine the structural integrity of the
dam, and we will utilize our staff and subconsultant, Olson Engineering, in performing these services.
SCOPE OF SERVICES
Freese and Nichols will render the following professional services in connection with the development of the
Project: Kerr County Dams Assessment. See Attachment A for detailed scope of work.
TIME OF COMPLETION
Freese and Nichols is authorized to commence work on the Project upon execution of this Agreement and
agrees to complete [he services in accordance with the following schedule: All work shall be completed within
90 days of contract authorization or notice to proceed.
If Freese and Nichols' services are delayed through no fault of Freese and Nichols, Freese and Nichols shall be
entitled to equitable adjustment of compensation and Freese and Nichols shall be entitled to adjust contract
schedule consistent with the number of days of delay.
RESPONSIBILITIES OF KERR COUNTY
Ken County shall perform the following in a timely manner so as not to delay the services of Freese and
Nichols:
A. Designate in writing a person to act as Kerr County'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 Kerr County's policies and decisions with respect to Freese
and Nichols' services for the Project.
B. Provide access for testing equipment of Olson Engineering to the dam crest at both Flat Rock Dam
and Ingram Dam at least 24 hours in advance of Olson Engineering's scheduled arrival.
C. Assist Freese and Nichols, Inc. by placing at Freese and Nichols' disposal all available information
R:\Contract\200TLe[Agree\ CO-1 ~I~t c r
pertinent to the Project including previous reports and any other data relative [o the Project.
D. Arrange for access to and make all provisions For Freese and Nichols to enter upon public and private
property as required for Freese and Nichols to perform services under this Agreement.
E. Examine all studies, reports, sketches, drawings, speci£cations, proposals and other documents
presented by Freese and Nichols, obtain advice of an attorney, insurance counselor and other
consultants as Kerr County deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of Freese and
Nichols.
F. Keer County shall make or arrange to have made all subsurface investigations, including, but not
limited, [o borings, test pits, sail resistivity surveys, and other subsurface explorations. Kerr
County 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 Kerr
County.
G. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as Ken County may require or Freese and Nichols may
reasonably request with regard to legal issues pertaining to the Project.
DESIGNATED REPRESENTATIVES
Freese and Nichols and OWNER designate the following representatives:
Owner's Designated Representative:
Honorable Pat Tinley
Kerr County Judge
700 E. Main Street
Kemille, Texas 78028
Phone: (830)792-2211
Fax: (830)792-2218
email: cojudge@co.ken.tx.us
• Owner's Accounting Representative
Tommy Tomlinson
700 E. Main Street
Kemille, Texas 78028
Phone: (830) 792-2237
Fax: (830)792-2277
Freese and Nichols' Project Manager:
M. Leslie Boyd, P.E.
10814 Jollyville Road, Building 4, Suite 100
Austin, Texas 78759
Phone: (512)617-3117
Fax: (512)459-7956
Email: mlb@freese.com
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Freese and Nichols' Accounting Representative:
Patricia Allen
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone: (817) 735-7466
Fax: (817)735-7480
Email: ~@freese.com
FNI proposes to furnish our services as described herein in accordance with Attachment CO, "Compensation".
The total fee for Basic Services shall be computed on the basis of Attachment CO but shall be the lump sum
fee of twenty four thousand and six hundred ($24,600). This fee is based on Olson Engineering completing
their field work in three days. If FNI sees the Scope of Services changing so that additional services are
needed, FNI will notify the County for the County's approval before proceeding. Additional services shall be
computed based on the Schedule of Charges found in Attachment CO.
Payment of the services shall be due and payable upon submission of a statement for services. Statements
for services shall not be submitted more frequently than monthly.
TERMS AND CONDITIONS OF AGREEMENT
We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and
Conditions of Agreement".
We appreciate this opportunity to submit this proposaVstatement of qualifications. If additional information or
clarification is desired, please do not hesitate to contact us. If you are in agreement with the services described
above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement
for our files.
Yours very truly,
FREE + AND N~IC`HOLS, INC.
~. ~1U.D~
Stefan K. Schuster, P.G.
Michael L. Nichols, P.E.
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Approved:
Kerr County
--
By: ~
Title: County Judg/e LL ~7
Date: ~ ~7'~ /
CO-1
FNI !7~ v
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COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Basic Services: Compensation to FNI for the Basic Services shall be the lump sum twenty four thousand
and six hundred ($24,600). 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, FNI will notify
OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on [he
Schedule of Charges.
B. Schedule of Charges for Additional Work:
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 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 Cos[ 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.
Rates for Inhouse Services
Computer
$10.00 per hour
Plotter
Bond
Special
$ 2.50 per plot
$ 5.00 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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ATTACHMENT A
Kerr County Dam Assessments
Scope of Services
In response to an inspection from the Texas Commission on Environmental Quality, Kerr County has
requested professional services to provide an assessment of the integrity of the concrete caps on two
dams on the Guadalupe River at Flat Rock Lake Dam and Ingram Lake Dam.
Project Scope:
Freese and Nichols, Inc. will perform the following professional services:
TASK 1: Coordinate the non-destructive testing (NDT) of the concrete caps (crest and downstream
slabs above water levels) with Olson Engineering, Inc.
TASK 2: Establish survey requirements for layout work necessary for the NDT firm to properly
identify their testing sites. This task will involve surveying the two dam sites to assist in the grid
layout for the NDT testing methods and provide assistance to the subcontractor in the field.
TASK 3: Observe the NDT by Olson Engineering, Inc. Freese and Nichols, Inc. will provide on-site
observation and assistance to the subcontractor in completing the NDT on both field sites. This task
is based upon Olson Engineering providing three (3) days of field testing.
TASK 4: FNI will review Olson Engineering assessment and submit a report of activities and
recommended design procedures to the Kerz County Commissioner's Court.
Deliverables:
Freese and Nichols, Inc. will provide the following:
Final report on NDT assessment of dams
Submittal of all materials and data generated by all contractors
Assumptions:
Additional geotechnical or topographic surveying aze not included in this authorization.
Performance Schedule:
The deliverable will be provided to Kerr County Commissioner's Court within 90 days of the
execution of Work Authorization or Notice-to-proceed.
Estimated Cost for Work:
To be performed on a lump sum basis amount of $24,600.
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8-20-96 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to Kerr County
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
modifced 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
incured to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shalt 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 famished 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, specification~ot~e~ f~a~~~tl
furnished by Owner to FNI Thai FNI may reasonably discover in its review and inspection thereof. 666666 ~
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 any time 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.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the
execution of the Services provided under this AGREEMENT shall !•e the property of the Owner upon payment of FN['s
fees for services. FN[ 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 includingattorneys' fees
arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable
compensation. FNI may reuse all dra ings, report data and other project information in the execution of the Services
provided under [his AGREEMENT i FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without
liability or legal exposure to Owner, a d FNI shall indemnify and hold harmless Owner from all claims, damages, losses
and expenses including attorneys' fee arising out of or resulting therefrom.
o E)e~1~7' /II.LDWiO B~ Ll~"I
FNI '~ ° .-
OWNE
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 guaranteethe accuracy of such estimates. Opinions of probable cost, financial evaluations,
feasibility studies, economic analyses of alternate solutions and utilitarian considerations ofoperations and maintenance
costs prepared by FNI hereunder will be made on the basis of F'NI's experience and qualifications and represent FNI's
judgement 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 famished by others or over market conditions or contractors'
methods of determining their prices.
11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will famish 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; F'NI 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 Pro ect begins.
a~~l$l w.ip!)\'~n:F~T: Progress payments may be requested by FNI based on the amount of services completed. Payment for
't~ rv~ s 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 (1 %) 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 azising 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 shalt 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 ofthe 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:IfaPurchaseOrderisusedtoau[horizeFNl'sServices,onlytheterms,conditions/instructions
typed on the face of [he Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the
Purchase Order and the terms.,~tris,,~GJ$11~',?~r~~j~A~i[iEEMENT shall prevail and shall be determinative
of the conflict.
FN[ ~~~
OWNER