Item 4D MemoCITY OF
SOUTHLAKE
MEMORANDUM
(September 7, 2021)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4D
Subject: Approve Supplement Agreement No. 2 with McManus and
Johnson Consulting Engineers, LLC (MJCE) to provide
additional construction management services for the Fuel Farm
Water Line Extension project in an amount not to exceed
$15,000.
Action
Requested: Approve Supplement Agreement No. 2 with McManus and Johnson
Consulting Engineers, LLC (MJCE) to provide additional construction
management services for the Fuel Farm Water Line Extension
project in an amount not to exceed $15,000.
Background
Information: In FY 2020, the City entered into an Engineering Services Agreement
with MJCE in an amount not to exceed $44,955. Under the original
scope, MJCE was to provide construction management services and
operate as an extension of the City's staff with respect to the project.
In FY 2021, Supplement Agreement No. 1 was approved to provide
additional capacity in construction management services in the
amount of $4,950. Under Supplement Agreement No. 2, the
additional scope of work will include maintaining coordination with
the property entities and addressing utility service lines and
connections while handling construction and materials delays, and
minimizing issues once construction activities resume.
Financial
Considerations: Funding for this agreement is available as part of the approved
Capital Improvement Program.
Strategic Link: This item links to the City's Strategy Map strategic focus areas of
Safety & Security and Infrastructure. It specifically relates to the
City's Corporate Objectives, Cl: Achieve The Highest Standards Of
Safety & Security, and F2: Invest To Provide & Maintain High Quality
Public Assets. The Critical Business Outcome is CB05: Improve
Quality Of Life Through Progressive Implementation Of Southlake's
Comprehensive Plan Recommendations.
Page 1 of 2
Item 4D
Citizen Input/
Board Review: None.
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: Approve Supplement Agreement No. 2 with McManus and Johnson
Consulting Engineers, LLC (MJCE) to provide additional construction
management services for the Fuel Farm Water Line Extension
project in an amount not to exceed $15,000.
Supporting
Documents: Attachment A: Supplement Agreement No. 2
Attachment B: 2020 Engineering Services Agreement
Attachment C: 2021 Supplement Agreement No. 1
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Kevin Taylor, P.E., Civil Engineer
Page 2 of 2
Attachment A
ENGINEER'S CONTRACT
SUPPLEMENT AGREEMENT NO.2
CITY OF SOUTHLAKE
THE STATE OF TEXAS
TARRANT COUNTY
KNOW ALL MEN BY THESE PRESENTS:
THIS SUPPLEMENT AGREEMENT made and entered into this day of 2021, by
and between the City of Southlake, hereinafter referred to as "City" and McManus & Johnson
Consulting Engineers, LLC, hereinafter referred to as the "Engineer".
WITNESSETH THAT:
WHEREAS, the City and the Engineer entered into a contract on July 27, 2020, to acquire
professional engineering services for the Construction Management Services for the Fuel Farm
Water Main Extension; and
WHEREAS the City desires to change the scope of the project to allow for payment of future
"Additional Services" as defined in Section 2 of the Agreement;
NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of
Construction Management Services for the Fuel Farm Water Main Extension, be modified as
follows:
SCOPE OF CHANGE
SUPPLEMENTAL AUTHORIZATION #2
The contractor's revised schedule as outlined in Supplemental Authorization # 1 was not met
resulting in a longer construction period than anticipated. Delays have occurred due to significant
weather episodes. Additional coordination continues to be required working with property
owners to provide additional construction in coordination with their facilities, additional
quantities, and to aid in complying with city requirements. Availability of construction materials
has further delayed construction.
Additional delays have required additional site visits and action by the Engineer to coordinate
with the contractor and the property owners for construction of the pipeline and connections to
the new water main. The revised schedule is planned for completion of the project by Q4 of FY-
22 without further delays. The Engineer agrees to provide the same services as the original
agreement through the revised completion schedule and to participate in the final inspection and
close-out of the construction contract.
COMPENSATION
The total amount of additional compensation under this Supplemental Agreement #2 is not to
exceed $7,650.00 as shown in Attachment 1.
TIME OF COMPLETION
Engineering services to be rendered hereunder shall be complete at such time as stated in
agreement.
ORIGINAL CONTRACT
All requirements of the aforesaid contract of Construction Project Management Services for
Construction of the Fuel Farm Water Main Extension including Supplemental Agreement No. 1,
and this Supplement Agreement No. 2, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their
respective officers duly authorized as of the day and year first above written.
CITY OF SOUTHLAKE, TEXAS
By:
Robert Cohen
Director of Public Works
By:
John Huffinan
Mayor
ENGINEER:
MCMANUS &
ENGINEERS, LLC
an
JOHNSON CONSULTING
Scope of Services
City of Southlake
Construction Project Management Services for the
Fuel Farm Water Main Extension
WORK A UTHORIZA TION 2020-01
SUPPLEMENTAL AUTORIZATION — No. 2
This Scope of Services is associated with a Master Services Agreement outlining Interim
General Engineering Services for the City of Southlake, TX. The Engineer will perform
the scope of services to the degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of its profession in the same locality at the time the
services are provided. The Scope of Service is as follows:
ENGINEER will provide personnel and supervision of staff to perform the tasks outlined
in this Scope of Services in accordance with the terms set forth in this Agreement.
BASIC SERVICES: ENGINEER shall render the following professional services in
connection with the Fuel Farm Water Main Extension ("project"):
Provide Construction Management Services and operate as an extension of the CITY'S
staff with respect to the project. To that end, ENGINEER shall represent and promote the
interests of the CITY throughout all phases of the CITY'S activities and shall, when
requested by the CITY, support the CITY in its dealings with contractors and suppliers,
engineers and other consultants, the property owners and representatives in the Fuel
Farm area.
ENGINEER shall provide Construction Management Services for the project.
A. CONSTRUCTION PHASE:
ENGINEER will endeavor to provide these services however, it is understood that
ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER
responsible for supervision of the Contractor's operation and employees.
ENGINEER 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. ENGINEER 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.
Engineering Services Agreement
City of Southlake 76092-1003
1. Attend with the CITY a pre -construction conference with the Contractor,
review construction schedules prepared by the Contractor pursuant to the
requirements of the construction contract. MJCE will take meeting notes at
the pre -construction meeting and circulate meeting minutes to all parties.
2. Establish communication procedures with the CITY and contractor. Submit
monthly reports of construction progress. Reports will describe
construction progress in general terms and summarize project costs,
construction schedule, shop drawings and record data progress and
pending/approved contract modifications.
3. 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. Assist the CITY and in the review of contractor's
submittals, including, requests for information, modification requests,
schedules, and other submittals in accordance with the requirements of the
construction contract documents for the project. Monitor the progress of
the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
4. Make site visits (bi-weekly at a minimum) to monitor active construction
progress and the quality of work 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 deficiencies in the work of Contractors and will report any observed
deficiencies to the CITY.
5. Notify the CITY 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.
6. Assist the CITY to interpret the drawings and specifications for the
Contractor. Investigations, analyses, and studies requested by the
Contractor and approved by CITY, for substitutions of equipment and/or
materials or deviations from the drawings and specifications is an
additional service.
7. Establish procedures for administering changes to the construction
contracts. Process contract modifications and negotiate with the contractor
on behalf of the CITY to determine the cost and time impacts of these
changes. Review submitted change order documentation for approved
changes for execution by the CITY. Documentation of field orders, where
cost to CITY is not impacted, will also be prepared.
Engineering Services Agreement
City of Southlake 76092-1003
8. 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 CITY on the merit and
value of the claim based on information submitted by the contractor or
available in project documentation. Endeavor to negotiate a settlement
value with the Contractor on behalf of the CITY if appropriate.
9. Attend with the CITY construction progress meetings and assist the CITY
with the meeting agenda, notes taken during the meeting and develop
circulation of meeting minutes for each progress meeting.
10. Conduct, in company 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
deficiencies to be corrected by the contractor before recommendation of
final payment. Assist the CITY in obtaining legal releases, permits,
warranties, and spare parts from the contractor. Review and comment on
the certificate of completion and the recommendation for final payment to
the Contractor.
11. Coordinate the project close-out process with the CITY and the Contractor.
CITY RESPONSIBILITIES
1. The CITY will provide daily inspection services to monitor construction progress as
required in accordance with the project plans & specifications. The CITY on -site
inspector will provide documentation on a weekly basis to include:
a. Daily work conditions including temperature, weather, etc.
b. Area where construction work is occurring on the PROJECT
c. Progress of the contractor to include quantities and stationing of work
completed
2. The CITY will provide updates to the ENGINEER of any modifications in the project
resulting in construction changes or schedule.
B. ADDITIONAL SERVICES: Additional Services may be provided by ENGINEER, if
authorized by CITY, which are not included in the above described basic services, are
described as follows:
1. Furnishing the services of a Resident Project Inspector to act as the CITY'S
on -site representative during the Construction Phase. The Resident Project
Inspector will act as directed by ENGINEER 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, ENGINEER shall endeavor to provide further
protection for CITY against defects and deficiencies in the work. Furnishing the
Engineering Services Agreement
City of Southlake 76092-1003
services of a Resident Project Inspector is subject to an amendment to this
agreement approved by the CITY.
TIME OF COMPLETION
ENGINEER is authorized to commence work on the project upon execution of this
Agreement and agrees to complete the services in accordance with the project schedule.
The project is scheduled to be completed in 150 Working Days from the Notice to Proceed
date.
ANTICIPATED BUDGET
Under the Master Services Agreement with the City of Southlake, this Work Authorization
will be performed on an hourly basis with a not to exceed contract amount. Estimated
services for this effort are provided below:
SUPPLEMENTAL AUTHORIZATION #1
The contractor's original schedule was not met resulting in a longer construction period
than anticipated. The continued effort required is outlined in the proposed budget to
provide the same services through the current estimated completion time. The original
contract schedule called for completion in November 2020. The current schedule will
provide for the contractor to complete work in May 2021 without further delays.
SUPPLEMENTAL AUTHORIZATION #2
The contractor's revised schedule was not met resulting in a longer construction period
than anticipated. Delays have occurred due to significant weather episodes. Additional
coordination continues to be required working with property owners to provide additional
construction in coordination with their facilities, additional quantities, and to aid in
complying with city requirements. Availability of construction materials has further delayed
construction.
Additional delays have required additional site visits and action by the Engineer to
coordinate with the contractor and the property owners for construction of the pipeline
and connections to the new water main. The revised schedule is planned for completion
of the project by Q4 of FY-22 without further delays. The Engineer agrees to provide the
same services as the original agreement through the revised completion schedule and to
participate in the final inspection and close-out of the construction contract.
CM Site Visits
Site visits to observe construction & discuss with City Inspector
Est 50 site visits (2/week @ 3 Hrs) - 25 weeks (Contractor Schedule) $33,750
Bi-Weekly Progress Meetings (12 @ 1 Hr)(Combine with Site Visit) $ 2,700
Mileage (54 visits @ 100 Miles Round Trip - $0.575/mi.) $ 3,105
Additional meetings to address specific concerns (Est. 4 @ 3 Hrs.) $ 2,700
Engineering Services Agreement
City of Southlake 76092-1003
Review Contractor Pay Request & Quantities —
Prepare Progress Report (6 months @ 2 Hrs Each) 2,700
Total Authorized Budget (Not to Exceed) $ 44,955
SUPPLEMENTAL AUTHORIZATION — No. 1
Est 4 added site visits (as needed thru May) — (Revised Sched) $ 2,700
Additional Meetings including Final Inspection (6 Hrs Total) $ 1,350
Review Contractor Pay Request & Quantities (3 Months — 6 Hrs) $ 900
Total Authorized Supplemental No. 1 Budget (Not to Exceed) $ 4,950
SUPPLEMENTAL AUTHORIZATION — No. 2
Est 8 added site visits (as needed thru Project Completion) — (Rev Sched) $ 5,400
Additional Meetings — Coord with Property Owners — (8 Hrs Total) $ 1,350
Review Contractor Pay Request & Quantities including final pay totals 900
Total Authorized Supplemental No. 2 Budget (Not to Exceed) $ 7,650
Billings will be based on actual hours spent performing the above services.
SCHEDULE
The Engineer will commence with this work immediately as authorized by the town to
proceed.
WORK AUTHORIZATION — SUPPLEMENTAL AUTHORIZATION — No. 2
The signature below authorizes Engineer to proceed the professional services outlined in
this scope (WA 2020-01) — specifically for SUPPLEMENTA AUTHORIZATION No. 2
Authorized Signatory / Position
Date
Engineering Services Agreement
City of Southlake 76092-1003
Attachment B
ORIGINAL DOCUMENT
CITY OF SOUTl ILAKE
Council Action: Y0
AGREEMENT FOR ENGINEERING SERVICES Ord,/Res, No.
Date Approved —1
THIS AGREEMENT is made this day of 2020 by and
between the City of Southlake, Texas (hereinafter referred to as " ITY"), and McManus
& Johnson Consulting Engineers, LLC (hereinafter referred to as "ENGINEER").
WHEREAS, CITY contemplates the need for construction project management
services related to the Fuel Farm Water Main Extension. This project is to be known as
the Fuel Farm Water Main Extension project and hereinafter referred to as the "Project".
WHEREAS, ENGINEER is qualified, able, and desirous of performing the
necessary engineering work upon which the Project is based and is wilting and able to
work with CITY staff to organize and coordinate the professional services necessary to
complete the Project.
NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER
agrees to perform, the engineering work for the Project, as more fully described herein
below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as
compensation, the payments on the dates and in the amounts herein specified, all in
accordance with the terms more fully set out below and as provided in Attachment A
which is attached hereto and incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Attachment A in accordance with the terms
set forth in this Agreement and in Attachment A.
B. Definitions
Services refer to the professional services performed by ENGINEER pursuant to
this Agreement.
C. Changes
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
ENGINEER's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
Paoe I
D. Coordination with Owner
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to
the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER's employees will be made with CITY.
Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior written consent
of CITY.
G. Independent Contractor
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details of
the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the proposed
Project and business relations with abutting property owners. ENGINEER further
warrants that it will make disclosure in writing of any conflicts of interest that develop
subsequent to the signing of this contract and prior to final payment under the contract.
Finally, Engineer warrants that it has submitted to the City a completed Conflicts of
Interest Questionnaire as required by Chapter 176 of the Texas Local Government
Code.
Page 2
Approval by CITY
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees,
and subcontractors for the accuracy and competency of the Services performed under
this Agreement, including but not limited to surveys, designs, working drawings and
specifications and other engineering documents.
Such approval shall not be deemed to be a waiver or an assumption of such
responsibility and liability by CITY for any negligent act, error, or omission in the
performance of ENGINEER's professional services or in the conduct or preparation of
the subsurface investigations, surveys, designs, working drawings and specifications or
other engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON
OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION
OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT
ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO
THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND
SHALL BE CONSTRUED TO THAT EFFECT.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity (except the
indemnitees identified or described in Article I, Section J., above), notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
Page 3
L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right-of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within
reasonable time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in
Contractor's work;
6. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land
use regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services.
Page 4
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Attachment A, the ENGINEER
shall be paid in an amount not to exceed of $44,955 for Construction Management
Services as billed monthly by ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for any services and expenses incurred
in accordance with the work performed subject to the limits set out in Article III.
Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared
and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by
such records or other written proof as CITY deems necessary to verify the billings.
Invoices shall be made to City Finance Department's office at 1400 Main Street,
Suite 440, Southlake, Texas 76092.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day
when payment for services and expenses is due under the terms of this Agreement,
ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in
Chapter 2251 of the Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to
time and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee and expenses (see Exhibit B) for actual time
expended and actual out-of-pocket sums expended, such services to be one or more of
the following:
1. Make or prepare detailed description of sites, maps, or drawings related
thereto and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
Paae 5
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection
is not required, in writing, by the CITY;
6. Other services agreed to by the parties in writing and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided and in
accordance with any applicable governmental laws, regulations and ordinances.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and
shall remain in force until work is completed on the Project or until terminated under the
provisions hereinafter provided in Article VIII.
VIII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience, with or
without cause by giving written notice to the ENGINEER. Such termination may be
made effective on such future date as agreed by the parties, but absent such
agreement shall be immediate. Upon receipt of such notice the ENGINEER shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials in connection
with the performance of this Agreement and shall proceed to cancel promptly all existing
contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered
through the date of termination together with any additional reimbursable expense then
due.
Page 6
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
Workers Compensation - Statutory Employer's Liability - Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1.000.000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY's consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
Page 7
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed as
expeditiously as possible. ENGINEER shall employ manpower and other resources,
and use professional skill and diligence to meet the schedule; however, ENGINEER
shall not be responsible for schedule delays resulting from conditions beyond its control.
By mutual agreement, CITY and ENGINEER may modify the Project schedule during
the course of the Project and if such modifications affect ENGINEER's compensation, it
shall be modified accordingly, subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
Page 8
If to ENGINEER: Bob Johnson, P.E.
Principal
McManus & Johnson Consulting Engineers, LLC
77 FM 3356
Van Alstyne, Texas 75495
Phone: 469-209-6523
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
XIV. ARTICLE
VENUE -LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed
in two equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
'�WBy:
Shana Yelvert City Manager
0
Page 9
ENGINEER: MCMANUS & JOHNSON CONSULTING ENGINEERS, LLC
Bob Johnson, P.E., Principal
THE STATE OF TEXAS §
COUNTY OF a §
Before me on this day personally appeared 6h )o6Noo), known to me [or
proved to me on the oath of or through C 1
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
1h of N\r-l�n�^,t,�s '. ,�0� ✓1��tsv (r, and acknowledged
to m that he/she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this day of UAV,
A.D. 0 � .
(SEAL) Notary Public, State of Texas
ANNIFER GOULD Notary's Name Printed
Sa Notary Publir,. State of Texas
=;`!"1•+. Comm. Erp fas 03-28-2022
W. Notary ID 12II22085-1
Page 10
Attachment A
Scope of Services
City of Southlake
Construction Project Management Services for the
Fuel Farm Water Main Extension
WORK AUTHORIZATION 2020-01
This Scope of Services is associated with a Master Services Agreement outlining Interim
General Engineering Services for the City of Southlake, TX. The Engineer will perform
the scope of services to the degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of its profession in the same locality at the time the
services are provided. The Scope of Service is as follows:
ENGINEER will provide personnel and supervision of staff to perform the tasks outlined
in this Scope of Services in accordance with the terms set forth in this Agreement.
BASIC SERVICES: ENGINEER shall render the following professional services in
connection with the Fuel Farm Water Main Extension ("project"):
Provide Construction Management Services and operate as an extension of the CITY'S
staff with respect to the project. To that end, ENGINEER shall represent and promote the
interests of the CITY throughout all phases of the CITY'S activities and shall, when
requested by the CITY, support the CITY in its dealings with contractors and suppliers,
engineers and other consultants, the property owners and representatives in the Fuel
Farm area.
ENGINEER shall provide Construction Management Services for the project.
A. CONSTRUCTION PHASE:
ENGINEER will endeavor to provide these services however, it is understood that
ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER
responsible for supervision of the Contractor's operation and employees.
ENGINEER 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. ENGINEER 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.
Engineering Services Agreement
City of Southlake 76092-1003
Attend with the CITY a pre -construction conference with the Contractor,
review construction schedules prepared by the Contractor pursuant to the
requirements of the construction contract. MJCE will take meeting notes at
the pre -construction meeting and circulate meeting minutes to all parties.
2. Establish communication procedures with the CITY and contractor. Submit
monthly reports of construction progress. Reports will describe
construction progress in general terms and summarize project costs,
construction schedule, shop drawings and record data progress and
pending/approved contract modifications.
3. 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. Assist the CITY and in the review of contractor's
submittals, including, requests for information, modification requests,
schedules, and other submittals in accordance with the requirements of the
construction contract documents for the project. Monitor the progress of
the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
4. Make site visits (bi-weekly at a minimum) to monitor active construction
progress and the quality of work 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 deficiencies in the work of Contractors and will report any observed
deficiencies to the CITY.
5. Notify the CITY 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.
6. Assist the CITY to interpret the drawings and specifications for the
Contractor. Investigations, analyses, and studies requested by the
Contractor and approved by CITY, for substitutions of equipment and/or
materials or deviations from the drawings and specifications is an
additional service.
Establish procedures for administering changes to the construction
contracts. Process contract modifications and negotiate with the contractor
on behalf of the CITY to determine the cost and time impacts of these
changes. Review submitted change order documentation for approved
changes for execution by the CITY. Documentation of field orders, where
cost to CITY is not impacted, will also be prepared.
Engineering Services Agreement
City of Southlake 76092-1003
8. 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 CITY on the merit and
value of the claim based on information submitted by the contractor or
available in project documentation. Endeavor to negotiate a settlement
value with the Contractor on behalf of the CITY if appropriate.
9. Attend with the CITY construction progress meetings and assist the CITY
with the meeting agenda, notes taken during the meeting and develop
circulation of meeting minutes for each progress meeting.
10. Conduct, in company 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
deficiencies to be corrected by the contractor before recommendation of
final payment. Assist the CITY in obtaining legal releases, permits,
warranties, and spare parts from the contractor. Review and comment on
the certificate of completion and the recommendation for final payment to
the Contractor.
11. Coordinate the project close-out process with the CITY and the Contractor.
CITY RESPONSIBILITIES
The CITY will provide daily inspection services to monitor construction progress as
required in accordance with the project plans & specifications. The CITY on -site
inspector will provide documentation on a weekly basis to include:
a. Daily work conditions including temperature, weather, etc.
b. Area where construction work is occurring on the PROJECT
c. Progress of the contractor to include quantities and stationing of work
completed
2. The CITY will provide updates to the ENGINEER of any modifications in the project
resulting in construction changes or schedule.
B. ADDITIONAL SERVICES: Additional Services may be provided by ENGINEER, if
authorized by CITY, which are not included in the above described basic services, are
described as follows:
Furnishing the services of a Resident Project Inspector to act as the CITY'S
on -site representative during the Construction Phase. The Resident Project
Inspector will act as directed by ENGINEER 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, ENGINEER shall endeavor to provide further
protection for CITY against defects and deficiencies in the work. Furnishing the
Engineering Services Agreement
City of Southlake 76092-1003
services of a Resident Project Inspector is subject to an amendment to this
agreement approved by the CITY.
TIME OF COMPLETION
ENGINEER is authorized to commence work on the project upon execution of this
Agreement and agrees to complete the services in accordance with the project schedule.
The project is scheduled to be completed in 150 Working Days from the Notice to Proceed
date.
ANTICIPATED BUDGET
Under the Master Services Agreement with the City of Southlake, this Work Authorization
will be performed on an hourly basis with a not to exceed contract amount. Estimated
services for this effort are provided below:
CM Site Visits
Site visits to observe construction & discuss with City Inspector
Est 50 site visits (2/week @ 3 Hrs) - 25 weeks (Contractor Schedule) $33,750
Bi-Weekly Progress Meetings (12 @ 1 Hr)(Combine with Site Visit) $ 2,700
Mileage (54 visits @ 100 Miles Round Trip - $0.575/mi.) $ 3,105
Additional meetings to address specific concerns (Est. 4 @ 3 Hrs.) $ 2,700
Review Contractor Pay Request & Quantities —
Prepare Progress Report (6 months @ 2 Hrs Each) $ 2,700
Total Authorized Budget (Not to Exceed) $ 44,955
Billings will be based on actual hours spent performing the above services.
SCHEDULE
The Engineer will commence with this work immediately as authorized by the town to
proceed.
WORK AUTHORIZATION
The signature below authorizes Engineer to proceed the professional services outline in
this scope (WA 2020-01):
Authorized Signatory / Position Date
Engineering Services Agreement
City of Southlake 76092.1003
Attachment C
Scope of Services
City of Southlake
Construction Project Management Services for the
Fuel Farm Water Main Extension
WORK AUTHORIZATION 2020-01
SUPPLEMENTAL AUTORIZATION — 2021-04-01
This Scope of Services is associated with a Master Services Agreement outlining Interim
General Engineering Services for the City of Southlake, TX. The Engineer will perform
the scope of services to the degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of its profession in the same locality at the time the
services are provided. The Scope of Service is as follows:
ENGINEER will provide personnel and supervision of staff to perform the tasks outlined
in this Scope of Services in accordance with the terms set forth in this Agreement.
BASIC SERVICES: ENGINEER shall render the following professional services in
connection with the Fuel Farm Water Main Extension ("project"):
Provide Construction Management Services and operate as an extension of the CITY'S
staff with respect to the project. To that end, ENGINEER shall represent and promote the
interests of the CITY throughout all phases of the CITY'S activities and shall, when
requested by the CITY, support the CITY in its dealings with contractors and suppliers,
engineers and other consultants, the property owners and representatives in the Fuel
Farm area.
ENGINEER shall provide Construction Management Services for the project.
A. CONSTRUCTION PHASE:
ENGINEER will endeavor to provide these services however, it is understood that
ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER
responsible for supervision of the Contractor's operation and employees.
ENGINEER 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. ENGINEER 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.
Engineering Services Agreement
City of Southlake 76092-1003
Attend with the CITY a pre -construction conference with the Contractor,
review construction schedules prepared by the Contractor pursuant to the
requirements of the construction contract. MJCE will take meeting notes at
the pre -construction meeting and circulate meeting minutes to all parties.
2. Establish communication procedures with the CITY and contractor. Submit
monthly reports of construction progress. Reports will describe
construction progress in general terms and summarize project costs,
construction schedule, shop drawings and record data progress and
pending/approved contract modifications.
3. 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. Assist the CITY and in the review of contractor's
submittals, including, requests for information, modification requests,
schedules, and other submittals in accordance with the requirements of the
construction contract documents for the project. Monitor the progress of
the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
Make site visits (bi-weekly at a minimum) to monitor active construction
progress and the quality of work 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 deficiencies in the work of Contractors and will report any observed
deficiencies to the CITY.
5. Notify the CITY 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.
6. Assist the CITY to interpret the drawings and specifications for the
Contractor. Investigations, analyses, and studies requested by the
Contractor and approved by CITY, for substitutions of equipment and/or
materials or deviations from the drawings and specifications is an
additional service.
7. Establish procedures for administering changes to the construction
contracts. Process contract modifications and negotiate with the contractor
on behalf of the CITY to determine the cost and time impacts of these
changes. Review submitted change order documentation for approved
changes for execution by the CITY. Documentation of field orders, where
cost to CITY is not impacted, will also be prepared.
Engineering Services Agreement
City of Southlake 76092-1003
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 CITY on the merit and
value of the claim based on information submitted by the contractor or
available in project documentation. Endeavor to negotiate a settlement
value with the Contractor on behalf of the CITY if appropriate.
Attend with the CITY construction progress meetings and assist the CITY
with the meeting agenda, notes taken during the meeting and develop
circulation of meeting minutes for each progress meeting.
10. Conduct, in company 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
deficiencies to be corrected by the contractor before recommendation of
final payment. Assist the CITY in obtaining legal releases, permits,
warranties, and spare parts from the contractor. Review and comment on
the certificate of completion and the recommendation for final payment to
the Contractor.
11. Coordinate the project close-out process with the CITY and the Contractor.
CITY RESPONSIBILITIES
The CITY will provide daily inspection services to monitor construction progress as
required in accordance with the project plans & specifications. The CITY on -site
inspector will provide documentation on a weekly basis to include:
a. Daily work conditions including temperature, weather, etc.
b. Area where construction work is occurring on the PROJECT
c. Progress of the contractor to include quantities and stationing of work
completed
The CITY will provide updates to the ENGINEER of any modifications in the project
resulting in construction changes or schedule.
B. ADDITIONAL SERVICES: Additional Services may be provided by ENGINEER, if
authorized by CITY, which are not included in the above described basic services, are
described as follows:
Furnishing the services of a Resident Project Inspector to act as the CITY'S
on -site representative during the Construction Phase. The Resident Project
Inspector will act as directed by ENGINEER 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, ENGINEER shall endeavor to provide further
protection for CITY against defects and deficiencies in the work. Furnishing the
Engineering Services Agreement
City of Southlake 76092-1003
services of a Resident Project Inspector is subject to an amendment to this
agreement approved by the CITY.
TIME OF COMPLETION
ENGINEER is authorized to commence work on the project upon execution of this
Agreement and agrees to complete the services in accordance with the project schedule.
The project is scheduled to be completed in 150 Working Days from the Notice to Proceed
date.
ANTICIPATED BUDGET
Under the Master Services Agreement with the City of Southlake, this Work Authorization
will be performed on an hourly basis with a not to exceed contract amount. Estimated
services for this effort are provided below:
SUPPLEMENTAL AUTHORIZATION 2021-04-01
The contractor's original schedule was not met resulting in a longer construction period
than anticipated. The continued effort required is outlined in the proposed budget to
provide the same services through the current estimated completion time. The original
contract schedule called for completion in November 2020. The current schedule will
provide for the contractor to complete work in May 2021 without further delays.
CM Site Visits
Site visits to observe construction & discuss with City Inspector
Est 50 site visits (2/week @ 3 Hrs) - 25 weeks (Contractor Schedule)
Bi-Weekly Progress Meetings (12 @ 1 Hr)(Combine with Site Visit)
Mileage (54 visits @ 100 Miles Round Trip - $0.575/mi.)
Additional meetings to address specific concerns (Est. 4 @ 3 Hrs.)
Review Contractor Pay Request & Quantities —
Prepare Progress Report (6 months @ 2 Hrs Each)
Total Authorized Budget (Not to Exceed)
SUPPLEMENTAL AUTHORIZATION — 2021-04-01
Est 4 added site visits (as needed thru May) — (Revised Sched)
Additional Meetings including Final Inspection (6 Hrs Total)
Review Contractor Pay Request & Quantities (3 Months — 6 Hrs)
Total Authorized Supplemental Budget (Not to Exceed)
Billings will be based on actual hours spent performing the above services.
SCHEDULE
Engineering Services Agreement
City of Southlake 76092-1003
$33,750
$ 2,700
$ 3,105
$ 2,700
2,700
$ 44,955
$ 2,700
$ 1,350
$ 900
$ 4,950
The Engineer will commence with this work immediately as authorized by the town to
proceed.
ire bel uthorizes Engineer to proceed the professional services outline in
(WA 020 01) — specifically for this SUPPLEMENTA AUTHORIZATION —
Authorized Signatory / Position
Engineering Services Agreement
City of Southlake 76092-1003
Dat