Item 4D MemoCITY OF
5OUTHLAKE
MEMORANDUM
(May 18, 202 1)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4D
Subject: Renew an engineering services agreement with Freese and
Nichols for the continuation of construction management
services for the widening of N. White Chapel from Emerald
Boulevard to Highland Street, in an amount not to exceed
$125,000.
Action
Requested: Renew an engineering services agreement with Freese and Nichols
for the continuation of construction management services for the
widening of N. White Chapel from Emerald Boulevard to Highland
Street, in an amount not to exceed $125,000.
Background
Information: The City of Southlake's Master Mobility Plan, an element of the
Southlake 2030 Comprehensive Plan, identifies the widening of
North White Chapel Boulevard from Emerald to State Highway 114.
The execution strategy developed to implement the Plan's
recommendation called for the project being undertaken in two
separate phases. Phase I was recently completed. This phase
constructed a roundabout at the intersection of North White Chapel
and Highland. It also widened the roadway from 500 feet south of
Highland to State Highway 114.
The current phase widens the roadway from Emerald Boulevard to
500 feet south of Highland. Work for this phase resulted in the
installation of a robust stormwater collection and distribution
system. Ongoing and planned work includes the installation of a
four -lane roadway, landscaped median, decorative hardscape, and
an 8' concrete trail will be built adjacent to the screening wall as
well as a 5' concrete walk along the west side of the road. The
project also completes a permanent traffic signal at Ascot and
Dragon Drive, the main entrance into Carroll High School.
Huitt-Zollars is the project's designer of record. They developed the
design plans and construction bid documents. Staff engaged
Freese and Nichols to provide professional construction
Page 1 of 3
Item 4D
management services to assist with the management of the $13+
million project. These services were procured for 24 months in an
amount of $450,000. The anticipated contract duration was
intended to align with the expected project length. This contract
was leveraged more heavily than expected due to the loss of 80%
of the City's engineering staff as three of the engineers served as
managers for this project. This unexpected turnover required an
increased reliance upon the contracted support and was essential
in maintaining project continuity and moving the project toward
completion. This effort consumed funds for the original project
scope faster than planned.
This current proposal will be a continuation of services provided
today by Freese and Nichols. The contract duration algins with the
anticipated completion date of the project. These services include
project controls, change order development and management and
scheduling support to effectively track and deliver this project on
schedule and within budget. These services are to be billed at an
hourly rate with a not to exceed amount of $125,000.
The third -party project management construct has provided
essential continuity for the City and its residents. The services
under this agreement are not a duplication of services being
provided by the engineer of record. Rather, these services are a
force multiplier for project execution, allowing staff to focus on the
integrated and targeted community outreach efforts that are
expected to last for the duration of this high-profile project.
Financial
Considerations: Funding for this agreement is obtained through labor savings
generated from engineering staff vacancies and approved general
funds via the Capital Improvement Program.
Strategic Link: This item links to the City's Strategy Map strategic focus areas of
Mobility and Infrastructure. It specifically relates to the City's
Corporate Objectives, Cl: Achieve the Highest Standards Of Safety
& Security, C2: Provide Travel Convenience Within City & Region,
and F2: Invest To Provide & Maintain High Quality Public Assets.
The Critical Business Outcomes are, CBO2: Enhance Mobility
Through Aggressive Traffic Management Initiatives And Capital
Project Implementation, and CBO5: Improve Quality Of Life
Through Progressive Implementation Of Southlake's
Comprehensive Plan Recommendations.
Citizen Input/
Board Review: None.
Page 2 of 3
Item 4D
Legal
Review: The proposed agreement is a standard agreement that the City
Attorney has reviewed and approved.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Renew an engineering services agreement with Freese and Nichols
for the continuation of construction management services for the
widening of N. White Chapel from Emerald Boulevard to Highland
Street, in an amount not to exceed $125,000.
Supporting
Documents: Attachment A: Agreement with Freese and Nichols, Inc.
Staff
Contact: Rob Cohen, Director of Public Works
Page 3of3
Attachment A
Irmill'NKHOL.
FREESE
City of Southlake
:LQU Main street
Southlake, Texas 76092
Project Name: North White Chapel Road Expansion
PRUFLSSIURAL SERVILES AGREEMENT AMEIQumENT Nu. Z
FICI PROJECT NO. SOL19428
DATE: 03]11]21
Description of Services: Continuation of services as described in Attachment A of Contract Amendment No. 1 (see
attached)
Amended Deliverables: Per Contract Amendment No. 1, Attachment A
Amended Schedule: Extend contracted services per scope amended in Contract Amendment No. 1 through
December 2021.
Compensation shall be amended as tollows: A not to exceed amount of One Hundred Twenty -One Thousand and One
Hundred ($121,100.00) dollars.
Current Contract Amount: 5450,000.00
Amount of this Amendment: $121,100.00
Reviled iotalAmoantAuthoriLed: $5/1.100.00
The above desc,,bed ,,er v;ce., 3hall p, aceed apo„ eAecar;o,, of rh►s ame,,dmenr. All orher provisions, Terms and
conditions of the P,ofess;o„al Se,vitc3 Auteen,e.,t which urc „or eAp,caaly amended shall remain in full force and
effect.
FREESE AND NICHOLS INC.
Bve�
Chris Jones
Print Name
TITLE: Vice President Princi al
DATE: ZZ Z r
City of aaathlake
BY:
Prier (Came
TITLE:
DATE:
C \u:er:\eaJ\Oe-nlo-a:\P]A-YFUt—lenal benleeo Ag—MaRt Areenareent 1U t. aeem Rev. y/A
zzzu San 7acinto 56d., suite j3u • Denton, i e^a3 /6Zu5 • 940-LLU 4340 • FAX 817-735-7491 www freese_com
June 28, 2019
Ryle Rogue, P.E.
PuBlic WorRs Deputy Director
Lity uf Suuthlake
1400 Main Street, suite 320
5outfilaFCe TX 76092
RE: Construction Manascrnuvit ScrviLes fur the N. White cHapel blvd. Expansion
Dear Mr. mugue:
TFianR you for meeting with myself and Jeff Hammond on June 20, 2019 to turther discuss the
scope of work fur the Freese and Nicnuls (FNI) services provided on the reterence projeLT. Per
our prupusai fetter dated 5eptemBer 17, 2018 and made part of the executed Conti Oct, the total
scope of services at that time was unknown and would need to Se tailored later to meet tFie City's
expectations.
It is our understanding after our meeting yesterday that the City would like FNI to provide
moditiea (in lieu of tull) Construction Management services for the constructlun of the new N.
White Chapel Blvd. Attached is a revised Attachment A prupused to amend that in the executed
contract. Also included Below is a revised anticipated effort tar our services as described in
Attachment A.
TRe revised schedule for the services scoped within will be changed to 27 months rather than tMe
previous 24 months as per the sign gad contract. The Z munths matches the construction contract
agreement durat u" that tRe City has with the Contractor.
The budget furecast fur year 1 and year Z in the original contract proposal letter will not apply
for the services within this amendment. The Construction Management services scope of worK
attached is an on-going effort on a weekly basis thruughout tRe cunstructian phase of the project.
The Lity will unly Be pilled monthly tar ettvrt spent providing the services within Attachment A.
We are excited abuut wurKing witR tRe City's project team towards a successful completion of
this project.
Manager
ATTACHMENT A
Scope of Se, vkea
Project Management and Construction management Services
ENGINEER will l,.ovide the supervision of tm personnel, direction to YNi personnel, FNI personnel
and equipment to pertorm the services outlined in Attachment A in accordance with the terms set forth in this
Agreement and Attachment A.
BASIC; SERVIUES: ENGINEER shall render the following professional services iu co.n.e%tiuu with
the N. White Chapel Blvd. Expansion ("prjeet" ):
Provide Construction Management Services and operate as an e,.te,.io,,, of the CITY'S Zaff with,epeet
to the project. To that e..d, ENGINEER.,hall rep,eent and promote the interests of the CITY throughout Ej
aspects and pnases or the CITY'S activities and shall, when and as requested by the CITY, fully support the
CITY in its dealings with contractors and suppliers, engineers and tithe, cououltauts, the CITY'S legal counsel,
right-of-way aequisitiou cunaultants, traffic engineering consultants and governmental entities.
ENGINEEK shall provide Construction Management Services for the project.
A. CONSTRUCTION PHASE:
ENGINEER will endeavor to protect CITY in providing these services however, it is understood that
ENGINEER does not guarantee the Contractor's p1crtv,.uaaee, no, is rivGINEER responsible for
supe, viaivu of the Cuutracto,'s operation and employees. ENGINEER shall not be responsible for the
means, methods, techniques, sequences or procedures of construction seleerd by the Contractor; or
any safety precautions and programs ,elating in any way to the condition of the premises, the work of
the Contractor or any Subcontractor. ENGINEEK shall not be responsible for the acts or omissions of
any person (except its own employees or agents) at the pi eject aite o, otherwise performing any of the
wu,k of the prject.
1. Attend with the CI1 Y a pre -construction conference with the Contractor, review coustruetiou
schedules prepared by the Contractor pursuant to the ,equirements of the construction contract
and prepare a proposed estimate of monthly cash requirements of the project from intormation
provided by the Construction Conuuctor. FNI, if requested by the CITY, will taalce ,ueetiug uute
at the p.e-eoustr U1iV„ n,eeti„ g and circulate meeting minutes to all parties.
Z. Establish communication procedures with the CITY and contractor. Submit monthly reports of
construction progress. Reports will de3e.ibc cou5tructiou p,ugres in general terms and
0u,.u,1aric1-. p,ojeet costs, cash flow, construction schedule, shop drawings and record data
progress and pending7approved conmwE modifications.
3. Establish and maintain a pmjeet doeun,eutation system (MiManager) consistent with the
requirements of the construction contract documents. Monitor the processing of contractor's
submittals and provide for riling and retrieval of yrojeet dueuu,eutatium reduce monthly
reporr indicating the status of all submittals in the review process. Assist the CITY and
Engineer of Record (tOR) in the review contractor's submittals, including, requests fv.
information, modification requests; schedule, and othe, ,ub,uittals in accordance with the
,equL ements of the construction contract documents for the projects (approval of shop drawings
and record data is excluded from this service). Monitor the progress of the coutracru, i„ 5euding
and processing submittals to 5ce that documentation is being processed in accordance with
schedules.
4. MUe visits appropriate (bi-weekly at a minimum) to the stage of constructio.. to the 3;m to
observe the progress aad the quality uf work and to attempt to determine in general if the work
is proceeding in accordance with the Construction Contract Documents. In this effort
ENGINEER will endeavor to protect the CITY against defects and ddfie:eno:ks in the wo.k of
Contractors and will .epun any obMe. ved deficiencies to CTTY.
5. Notify me CITY of non -conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports, equipu.cut ".natio. .eports u. other
ducumeutation .uqui.vd by the construction contract documents.
b. Assist the CITY and EOR in the interpretation of the drawings and specifications for the
Contractor. Investigations, analyses, and studies .equvated by thru Cuutracto, and approved by
CITY; for substitutions of equipment andior materials or deviations from the drawings and
specifications is an adduionai service.
7. Establish procedures for amdTi '3te.:ug oo.,3tructive changes to the construction contracts.
Process contract mourncations and negotiate with the contractor on beha—lt of the CITY to
determine the cost and time impacts of these changes. Prepare change order documeutatiou fo.
approved chzmgea fu. eAeeution by the CITY. Documentation of nerd orders, wfiere cost to
CTTY is not impacted, will also be prepared.
8, Prepare documentation for contract u.odifioatiuna ,squired to implement modifications in the
duaign of the project. Receive and evaluate notices of contractor claims and maTte
recommendations to the CITY on the merit and value of the claim on the basis of information
submitted by the contracto. u. available iu project .documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the CITY if appropriate.
9. Attend with the CITY bi-weekly evu3UUL-,tiou p.ogress meetings and aa31,t the CITY, if
.equested, with the meeting agenda, notes taken during the meeting and developlcirculation of
meeting minutes for each progress meeting.
10. Conduct, in cumpauy with CITY .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 deficieuuiea to be eo..aeted by the coutracto. before
,ecounueudaatiou of final payment. Assist me l;1TY in obtaining legal releases, permits,
warranties, spare parts, and keys from the contractor. Review and comment on the certificate of
completion and the recommeudation fm final payment to the Contractor(s).
11. Coordinate the project close-out process with the CITY and the Contractor(s).
AKnCLE 11
ADDITIONAL SERVICES: Additional Services to be $errrormed by ENGINEER, if authorized by CITY,
which are not included in the above described basic services, are described as follows:
A. Field surveying req.:.ted fo. the p.epa<ation of designs and drawings.
U. Field layouts or me furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with the3e se.v:yes.
D. Malang p.operty, boundary and right of way surveys, preparation of easement and deed descriptions,
including title search and examination of deed records.
E. rroviding 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 CITY.
F. Providing renderings, model and ,cock-upS ,equested by the CITY.
G. Making revisions to drawings, specifications or otaux documents when such revisions are 1) consistent
with approvals or instructions previously given by CITY or 2) due to other causes not solely within
the coutral of ENGINEER.
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 ,eplaceweuE of Such
wo,k.
1. investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and w penSe stateu,entS, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of force
account construction performed by CITY.
J. Preparing applicativuS and Supporting documents for government grants, loans, or planning advances
and proviaing data for detailed applications.
K. Providing shop, mill, field or laboratory inspection ofmate,ials and equipu,ent. ObSe, vt factory tents
of cquipu,e„t at any site remote to the project or observing tests required as a result of equipment
tailing the initiFtest.
L. Conducting pilot plant stud-lca uI tcais.
M. Preparing uperation and Maintenance Manuals or conducting operator training.
N. Preparing data and reports for assistance r CITY i„ p,epa,atiou fm 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 mediato,.
O. Furnishing the ae,,icca of a Resident Project Representative to act as UTY`S on-site representative
during the uonstruction Phase. '1'he Resident Project Representative will act as directed by
ENUINEER in order to provide more extensive ,ep.ese.mriu. ar the p,oject sir during the
Cm.tructio„ PhaSzi. Thruugh more extensive on-site observations of the work in progress and held
chec cis of materiais and equipment by the Resident Project Representative and assistants, ENGINEER
shiM endeavor to provide furthe, pimuCtion fm CITY against defects and defiuieneies in the work.
Fwa;shing the services of a Resident Project Representative is subject to the provisions of Article I,
D.
If CITY p, ovides pe, sun„el to support the activities of the Resident Project Representative woo is
ENUINEER or ENGINEER'S agent o employee, the duties, responsibilities and limitations of
authority of such personnel will be set forth in a„ Anachmunt attached to and made is part of this
Agreeu,eut befo,e 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.
CITY agrees that wheneve, ENGINEER i„fv,,,aa hi,,, u, w,iting that auy Such pe,Sou,u,el provided by
the LITY are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
P. Furnishing Special Inapeetiu„s mqui,ed under chapter 17 of the International Building t;ode. These
Special Inspections are often continuous, requiring an inspector dedicated to inspection of the
individual work item, and they are in additional iv Gune,al Rep,eSentatim, and Resident
Representation services noted elsewhere in the contract. The3e courinuvu3 ivapectiou services can be
r.n,-.'ded by ENGINEER as an Additional Service.
Q. >�reparation of Conformed or "As Bid'' plans and specifications Tor use during the construction phase.
"These documents shall involve the incorporation of addenda items into the Contract Documents
through modification of the electronic files and reprinting of the plans and specifications inclusive of
the incorporated changes.
K. Assisting CTl'Y in preparing for, or appearing at litigation, ediariun, arbitration, dispute review
bards, o,, othe, legal and/or administrative proceedings in the defense or prosecution, of claims
disputes with Contractor(s).
S. Pertorming investigations, studies and aualy3C3 of substitutions of equipment andiior materials or
deviations from the drawings and specifications.
T. Assisting CITY in the defense or prosecution of litigation in connecnon with o, iu addition to those
services contemplated by thi3 Agreement. such services; if any, shall be furnished by ENtJ1NEEx on
a tee 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 3tudie3; env i,onmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to aild—ress environ mentdl issues.
V. Performing investigations, srudie3; and aualy3i3 of work proposed by construction contractors to
correct detective worFcc
W. Design, contract modifications, studies or analysis required to comply with I -Veal, State, Federal or
other regulatory agencies that become effective after the date of this Agreement.
A. Services required to resolve bid protests or to rebid the projects fon aay ,ea3ou.
Y. Any services , eq" ed as a ,esult of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete the work within the contract time.
G. Providing services after the co,uplztion of the cunatructiou phase not specifically listed in Mcle 1.
AA. Pnvviding ba3ic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in wu.k 3eque„ce and
plotting or reproduction eo3t3 &&,;tly attributable to an accelerated time schedule directed by the
CITY.
13B. Providing services made necessary because of unfo,e3een; eona.ealed; un diffe,ing site conditions or
due to the p.csence of hazardous substances in any form.
uu. Providing services to review or evaluate construction contrictor(s) claim(s), Yr„ided said claiun3 are
supported by causes not within the control of hNGINPP-R.
DD. Providing value engineering studies or reviews of cost savings proposed by construction contractors
after bids have been submitted.
EE. P,cpariug stateu,euts for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services Agreement.
FF. Provide follow-up professional act vices during Contractors warranty period.
GG. Provide Geuteehnical inveatigatiuns; studies and reports.
TIlVIE OF COMPLETION: ENGINEEK 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: Services to
begin at the time of executed aMement for a period of 27 months from that date
If ENvuvEER'S services are delayed through no fault of ENGINEER, ENGINEER shall be entitled r adjust
contract schedule consistent with the number of days of delay. These delays may include but are not limited
to delays in CITY o..rgulatory reviews, delays on the flow of information to be provided to ENGINEER,
governmental approvals, etc. 'I'hese delays may result in an adjustment to compensatiou a* outliuud on the
face of this Agreement and in this Attachment A.
RESPONSIBILITIES OF CM-. CITY shall perform the foIlowing in a timely manner so as not to delay
the services of ENUINEEK:
A. Designate in writing a person to act as t TT Y ' S representative with respect to the services to be
rendered under this Agreement. Such person shall have contract autho.ity to tran*u,it inztructions,
receive information, interpret and define CITY'S policies and decisions with respect to ENGINEER'S
ae, vices for the project.
B. Provide all crite.in and full info.u.atiou as to Cfi Y `S requirements for the project, including design
objectives and constraints, space, capacity and pertormance requirements, flexibility and
expandability, and any budgetary li"tatioL,a; and furnish copies of ail design and construction
staudard-s Which CITY will require to be included in the diawings and specifications.
C. Assist ENGINEER by placiug at ENGINEER'S disposal all available information pertinent to the
p,gJect including previous reports and any other data relative to design or construction of the pmj=t.
D. Arrange fo. acmima to and make ail provisions for MjmbEK to enter upon public and private
property as required for ENu1NEER to perform services under this Agreement.
E. Provide aueh aacou<,ting, independent cost estimating and insurance counseling services as may be
required for the project, such legal services as CITY may require U. ENGINEEK uuty Leasonably
request with regard to legal issue penai..i..g to the project including any that may be raised by
Cuntractor(s), such auditing service as CITY may require to ascertain how or for what purpu5e a..y
Contractor has used the moneys paid under the co.. UW%,Tiou contract; and such inspection services as
FIN may requi.e to aacertai.. that Contractor(s) are complying with any law, rule, regulation,
o.dinance, code or Irder applicable to their furnishing and performing the work.
F. CITY *hall detc....i..e, p.io. to receipt of construction bid, it ENciINEER is to furnish Resident Project
Representative service, so the Bidders can be informed.
G. If CITY designates a person to serve in the capacity of Resident Project Representative Who is not
ENGINEER or ENGINEER'S agent or employee, the dutiea; .esponsibilities and limitations or
authority of such Re*i&ut P.uject Kepresentative(s) will be set touch in an Attachment attached to and
made a part of this Agreement betore the Construction Phase of the Project begins. Said attachment
shall also set torth appropriate modificarioua of the Con*truction Phase services together with such
adjustment of compensation as appropriate.
H. Attend the pre-bid conference, bid opening, p.eeouatrueriou eonfe.ences, construction progress and
othe, yob -.elated weetings and substantial completion inspections and tmal payment inspections.
I. (live prompt written notice to ENGINEER ,hvueve. CITY observes o, otherwise becomes aware of
any devalopu,eut that affects the scope or timing or ENGINEER'S services, or any detect or
nonconformance of the work or any Uontractor.
J. Fu.uimh, u. direct ENGINEER to provide, Additionwa Services as stipulated in Attachment A, Article
II of this Agreement or other services as required.
K. Bear all costs incident to compliance with the requirements or this Article IV.
DESIGNA i rL mLrRESE1QTATIVES: ENuINEER and c TTY designate the tonowing representatives:
CITY'S Designated Represeutati.e
CITY'S Accounting R�p.eaeutative
ENGINEER'S Designated Reprusentative Lnns Jones, 4055 International Plaza, Suite 2uu, Fort Worth,
Texas i6i09, cajWreese.com. h17-735-7291
ENUINEER'S Accounting Representative - Jana Collier, 4055 International Plaza, Suite 200, Fort Worth;
Texas 76109, ivc(a)treese.com 817-73:3-i3o4