Item 4B CITY OF
SOUTHLAKE Item 413
MEMORANDUM
(March 1, 2016)
To: Shana Yelverton, City Manager
From: Robert Cohen, Public Works Director
Robert H. Price, P.E., Former Public Works Director
Subject: Approve a contract amendment for interim City Engineer
Consulting Services with Freese and Nichols, Inc. in the amount of
$47,600
Action
Requested: Approve a contract amendment for interim City Engineer Consulting
Services with Freese and Nichols, Inc. in the amount of$47,600.
Background
Information: This amendment to t h e Interim City Engineer's engineering
consulting services contract is being brought forward for the City
Council's consideration as the total contract amount has exceeded
the City Manager's signatory authority of $50,000. On September
25, 2015, an Engineering Services contract for $44,827 was
authorized by the City Manager with Freese and Nichols, Inc for
provision of City Engineering Services on an interim basis. The
need for this service was brought about by the departure of the City
Engineer/Deputy Director of Public Works.
The duties of the City Engineer include providing oversight and
management of the three civil engineer positions with their ongoing
development and CIP projects, coordinating with other members of
the Development team such as Planning and Development
Services and the Fire Department, coordinating with the Operations
Division of Public Works to ensure minimal long-term maintenance
issues with respect to the devlopment of new infrastructure and
ensuring that any questions or issues internally and externally are
resolved in a timely manner.
Since September 2015, the interim City Engineer has been
invaluable at keeping this process going. The term of the original
contract has been reached, with all $44,827 billed or ready to be
billed. Yet, there is a need to maintain the interim City Engineer for
two more months until April 30, 2016.
City of Southlake Values:
Integrity Innovation♦Accountability♦Commitment to Excellence♦Teamwork
Page 2 of 3 Item 413
Currently, the Public Works Department is undergoing a transition
with the retirement of the current Public Works Director on February
29, 2016 and the onboarding of a new Director. The City has also
posted for a full time City Engineer position with several
applications already received; but, no candidates selected. With
this change, it's important that the interim City Engineer's contract
be extended to help bridge the transitional gap and maintain
departmental continuity until both the new Director and City
Engineer are in place.
Financial
Considerations: The amendment to the Engineering Services Contract is for
$47,600 and allows for the extension of the above referenced
services from January 25, 2016 through April 30, 2016. Funding for
this extension is available in the Public Works Engineering Services
line item as well as salary savings from vacancies of the Deputy
Director/City Engineer and Public Works Business Manager
positions.
Strategic Link: This item links to the city's strategy map relative to the focus area
of Infrastructure and Performance Management and Service
Delivery. The specific corporate objectives that are met by this
project include: Collaborating with select partners to implement
service solutions, attract, develop and retain a skilled workforce;
and investing to provide and maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: This is the standard professional services contract that has been
previously reviewed by the City Attorney.
Alternatives: The City Council may approve or deny this extension.
Supporting
Documents: Engineering Services Contract Amendment
Updated Freese and Nichols Scope of Services
Updated Compensation Attachment
City of Southlake Values:
Integrity Innovation♦Accountability♦Commitment to Excellence♦Teamwork
Page 3 of 3 Item 4B
Staff
Recommendation: Approve a contract amendment for interim City Engineer Consulting
Services with Freese and Nichols, Inc. in the amount of$47,600.
Staff Contact: Robert M. Cohen, Public Works Director
City of Southlake Values:
Integrity♦Innovation♦Accountability♦Commitment to Excellence ♦Teamwork
ENGINEER'S CONTRACT
SUPPLEMENT AGREEMENT NO. 1
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 2016,
by and between the City of Southlake, hereinafter referred to as "City" and Freese and Nichols,
Inc,hereinafter referred to as the "Engineer".
WITNESSETH THAT:
WHEREAS, the City and the Engineer entered into a contract on September 25, 2015,
hereinafter referred to as "Agreement", to acquire professional engineering services for the City
Engineering Consulting Services Project; hereinafter referred to as the "Project", and
WHEREAS the City desires to change the scope of the Project to allow for payment of future
"Changes" as defined in Article 1, Section C of the Agreement;
NOW THEREFORE, it is hereby agreed between the parties hereto that the contract be
modified as follows:
SCOPE OF CHANGE
• Extension of contract from January 25, 2016 to April 30, 2016
• Number of days worked increased from two (2) to three (3); weekly maximum hours
remains at 20
COMPENSATION
The total amount of additional compensation under this contract is hereby changed, as shown in
Attachment B.
TIME OF COMPLETION
Engineering services to be rendered hereunder shall be complete at such time as stated in original
agreement.
ORIGINAL CONTRACT
All requirements of the aforesaid contract and this Supplement Agreement No. 1, 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.
OWNER: ENGINEER:
CITY OF SOUTHLAKE,TEXAS FREESE AND NICHOLS,INC
By: By:
Robert M. Cohen, P.E.
Director of Public Works
By:
THE HONORABLE LAURA HILL,MAYOR
ATTEST:
CITY SECRETARY:
EFFECTIVE:
ATTACHMENT A
SCOPE OF SERVICES AND RESPONSIBILITIES OF CITY
ARTICLE I
ENGINEER is engaging with the CITY to provide professional engineering services in an on-call capacity to
address engineering and development issues impacting the CITY,from both a physical or design aspect,as a result
of general growth within the community,new development,redevelopment or from issues external but affecting
the CITY. ENGINEER will address such issues by providing concise recommendations to the CITY,as well as
serve on behalf of the CITY at meetings,public hearings or other formal CITY business.
It is understood that ENGINEER is being engaged to verify that plans and plats prepared by others,and submitted
by others for CITY's approval,meet ordinances in place at the time ENGINEER reviewed the same plans and
plats.ENGINEER will be performing a very limited review of these documents,and does not represent or certify
them for any other purpose than to verify that the plan and plats as illustrated and described meet CITY's
ordinances in place at the time these plans and plats are reviewed.
RECURRING SERVICES: ENGINEER will provide some or all of the following services, at the CITY's
request,on a regular and recurring basis. All recurring work and meetings are to be held based on the schedule
shown in A below,unless otherwise requested by the CITY and scheduling is agreed-to by ENGINEER's staff in
advance:
A. Provide 24 hours of engineer's time per week for a duration of 12 weeks. Engineer shall typically be at
CITY's offices three(3)days or twenty-four(24)hours per week. During the duration of the contract,
these days may be modified by mutual agreement.
B. Attend meetings at the City Manager's request with entities such as TxDOT, Tarrant County, and
surrounding communities to provide input on engineering issues.
C. Provide site observation of CITY projects under construction and prepare site visit documentation.
D. Prepare design plans for CITY projects as time allows and per the expertise of staff available. If
specialized expertise is needed or project deadlines require staffmg beyond the typical 24 hours per week,
a task order may be necessary and will be discussed with the City Manager before work is begun.
E. Review/understand local ordinances and development codes. Assist staff in development process,review,
and recommendations as requested by the CITY.
F. Attend CITY Council or Planning and Zoning Commission meetings as requested by CITY (and as
scheduled in advance with ENGINEER per Section A above)to provide engineering advisement and to
answer questions concerning comments and recommendations on the subject Projects.
G. Assist in processing PLAT/ZONING/VARIANCES/ANNEXATION STUDIESBUILDING SITE
PLANS — If assigned by CITY, ENGINEER will assist staff in reviews per CITY approved process
outlined in general terms below.
1. Assist staff in review of applications that are assigned by CITY for administrative completeness.
2. Assist staff in review of subject plans for general compliance with CITY's Development Codes and
Ordinances and Master Plans.
C:\Users\bwilliams\Documents\Southlake Attachment A and B.doc
ENGINEER
A-1 CITY
3. Offer to the CITY suggestions on potential impacts governed by other CITY departments and
regulatory agencies as may be noticed during review of plans. Offer recommendations on input from
these agencies,if applicable.
4. Assist staff in development of comments in written format to the CITY for the subject plans,based
upon the review. Include applicable comments previously generated from CITY review of the
project.
5. Correspond with the developer's representative, engineer or surveyor (as applicable), as may be
needed,for implementation of the comments from CITY and ENGINEER,as directed by CITY.
6. Assist staff in review of resubmitted applications to verify that all comments have been addressed,
and to verify that revisions do not cause internal conflicts or new issues.
7. Document meetings and telephone calls with applicants.
H. Attend weekly Development Review Meetings as requested by the CITY (all meetings to be held in
conjunction with the weekly trips to the CITY and time period shown in A.1.,unless otherwise requested
by the CITY and scheduling is agreed-to by ENGINEER's planner in advance).
I. Attend a pre-application and/or pre-design meeting with applicants, as directed by the CITY, such
meetings are to provide applicants with necessary criteria and guidelines to be used in preparing
applications and plans(all meetings to be held in conjunction with the weekly trip to the CITY and time
period shown in A.1., unless otherwise requested by the CITY and scheduling is agreed-to by
ENGINEER's planner in advance).
J. Attend a weekly Comment Review Meeting if requested by the CITY (all meetings to be held in
conjunction with the weekly trips to the CITY and time period shown in A.1.,unless otherwise requested
by the CITY and scheduling is agreed-to by ENGINEER's planner in advance).
K. Provide a concise,one-page monthly or bi-weekly(as directed by the CITY)report to CITY of all active
Projects(in a format to be mutually agreed-to).
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by ENGINEER, if authorized by CITY,
which are not included in the above described basic services,are described as follows:
A. GIS mapping services or assistance with these services.
B. Preparing applications and supporting documents for government grants,loans,or planning advances and
providing data for detailed applications.
C. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory agencies,
courts,arbitration panels or any mediator,giving testimony,personally or by deposition,and preparations
therefore before any regulatory agency,court,arbitration panel or mediator.
D. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services,if any,shall be furnished by ENGINEER
on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT.
C:\Users\bwilliams\Documents\Southlake Attachment A and B.doc
ENGINEER
A-2 CITY
E. Visits to the site in excess of the number of trips included in Article I for periodic site visits,coordination
meetings,or contract completion activities.
F. Providing basic or additional services on an accelerated time schedule. The scope of this service include
cost for overtime wages of employees and consultants,inefficiencies in work sequence and plotting or
reproduction costs directly attributable to an accelerated time schedule directed by the CITY.
G. Preparing statements for invoicing or other documentation for billing other than for the standard invoice
for services attached to this professional services agreement.
ARTICLE III
TIME OF COMPLETION: ENGINEER is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to serve as the CITY's engineer for twelve(12)weeks.
ARTICLE IV
RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not to delay the
services of ENGINEER:
A. Designate in writing a person to act as CITY'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 CITY's policies and decisions with respect to ENGINEER's services for
the Project.
B. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project
including previous reports and any other data relative to the Project.
C. Examine all studies,reports,sketches,drawings,specifications,proposals and other documents presented
by ENGINEER,obtain advice of an attorney,insurance counselor and other consultants as CITY deems
appropriate for such examination and render in writing decisions pertaining thereto within a reasonable
time so as not to delay the services of ENGINEER.
D. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any
development that affects the scope or timing of ENGINEER's services. Furnish,or direct ENGINEER to
provide, Additional Services as stipulated in Attachment A, Article II of this AGREEMENT or other
services as required.
E. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: ENGINEER and CITY designate the following representatives:
C:\Users\bwilliams\Documents\Southlake Attachment A and B.doc
ENGINEER
A-3 CITY
CITY's Designated Representative Robert(Bob)Price,P.E.
Director of Public Works
1400 Main Street, Ste. 320
Southlake,Texas 76092
Phone: 817-748-8097
E-mail: bprice@ci.southlake.tx.us
CITY's Accounting Representative
ENGINEER's Designated Representative Justin Brown,P.E.
6136 Frisco Square Blvd., Ste.200
Frisco,Texas 75034
Phone: 972-624-9213
E-mail: justin.brown@freese.com
ENGINEER's Accounting Representative Stephanie Steinmetz
2711 N.Haskell Ave., Suite 3300
Dallas,TX 75204
Phone: 214-217-2212
E-mail: stephanie.steinmetz@freese.com
C:\Users\bwilliams\Documents\Southlake Attachment A and B.doc
ENGINEER
A-4 CITY
ATTACHMENT B
COMPENSATION
Compensation to Engineer for Basic Services in Attachment A shall not exceed Forty Seven Thousand Five Hundred Fifty One
Dollars and Sixty Eight Cents ($47,551.68). The $47,551.68 Fee is based on an hourly rate of$164.00 for a total of 288 hours
(12 weeks at 24 hours per week). The fee also includes $319.68 for rnileage expenses which is calculated based on 16 rniles
per roundtrip at the IRS rnileage rate of $0.54 per rnile (37 trips x 16 rniles x $0.54/rrile). Engineer will notify City for their
approval before proceeding. Additional Services shall be computed based on the Schedule of Charges.
Schedule of Charaes:
Position mlll 11Q�S
Professional - 1 67 114
Professional -2 86 140
Professional -3 105 168
Professional -4 137 193
Professional -5 169 238
Professional -6 143 329
Construction Manager - 1 85 94
Construction Manager -2 102 144
Construction Manager -3 134 163
Construction Manager -4 108 217
CAD Technician/Designer - 1 57 97
CAD Technician/Designer -2 83 122
CAD Technician/Designer - 3 110 162
Corporate Project Support- 1 39 96
Corporate Project Support-2 64 169
Corporate Project Support- 3 79 299
Intern/ Coop 33 55
Rates for In-House Services
Travel Bulk Printina and Reoroduction
Standard IRS Rates B&W Color
Small Format(per copy) $0.10 $0.25
Large Format(per sq.n.)
Bond $0.25 $0.75
Glossy/Mylar $0.75 $1.25
Vinyl/Adhesio $1.50 $2.00
Mounting (per sq.n.) $2.00
Binding(per binding) $0.25
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For Resident Representative services performed by non-FNI employees and
CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such
services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI
employee was perforrning the same or similar services.
These ranges and rates will be adjusted annually in February. Last updated February 2016.
320022016
C:\Users\Inwilhams\Documents\Southlake Attachment A and B.doc
ENGINEER
B-I CITY