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Item 4D CITY OF SOUTHLAKE Item 4D MEMORANDUM (June 7, 2016) To: Shana Yelverton, City Manager From: Rob Cohen P.E., Public Works Director Subject: Approve Amendment Number 2 with Freese and Nichols, Inc in the amount of $6,700 for a second extension of the Interim City Engineer's engineering consulting services contract Action Requested: Approve Amendment Number 2 with Freese and Nichols, Inc in the amount of $6,700 for a second extension of the Interim City Engineer's engineering consulting services contract. Background Information: This second amendment to the Interim City Engineer's engineering consulting services contract is being brought forward for the City Council's consideration as the total contract amount for the original contract and Amendment Number 1 have 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 departure of the City Engineer/Deputy Director of Public Works and the need to maintain workflow continuity made it necessary to seek this intirim solution. Amendment Number 1 in the amount of $47,600 was brought before City Council and approved March 1 , 2016. This amendment extended the Intirim City Engineers contract from March 1 , 2016 to April 30, 2016 while the search, interview and hiring of a new, full- time City Engineer was conducted. A candidate was chosen and made an offer May 1 , 2016. However, the candidate wouldn't be available to start until June 1 , 2016. Therefore, the services of the Interim City Engineer were extended to cover one additional month. Adjustments were made to the schedule of the Interim City Engineer to maximize the available time left on the contract. However, the terms of the original contract and Amendment Number 1 have been met as of May 20, 2016. Therefore, a second City of Southlake Values: Integrity Innovation♦Accountability♦ Commitment to Excellence ♦Teamwork Page 2 of 3 Item 4D amendment is needed to pay for work performed (to-date and expected) by the Interim City Engineer from the period of May 23, 2016 to June 3, 2016. Financial Considerations: The amendment to the Engineering Services Contract is for $6,700 and allows for the extension of the above referenced services from May 23, 2016 through June 3, 2016. Funding for this extension is available from 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 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 Number 2 Updated Scope of Services — Freese and Nichols Staff Recommendation: Approve Amendment Number 2 for Interim City Engineer Consulting Services with Freese and Nichols, Inc. in the amount of $6,700. Staff Contact: Rob Cohen, Public Works Director City of Southlake Values: Integrity♦Innovation♦Accountability♦Commitment to Excellence ♦Teamwork 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 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 April 30,2016 to June 2, 2016 • Number of days worked decreased from three (3) to two (2); 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 16 hours of engineer's time per week for a duration of 3 weeks. Engineer shall typically be at CITY's offices two(2)days or sixteen(16)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 pians for CITY projects as time allows and per the expertise of staff available. If specialized expertise is needed or project deadlines require staffing beyond the typical 16 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/ZONINGNARIANCES/ANNEXATION STUDIES/BUILDING 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. L:1Resources`OLCRISLSouthlake\SOL15494 City EngineeringlAmd#2 tachment A and B 5-13-16,doc ENGINEER A-1 CITY 2. Assist staff in review of subject plans for general compliance with CITY's Development Codes and Ordinances and Master Plans. 3. Offer to the CITY suggestions on potential impacts governed by other CITY departments and regulatory agencies as maybe 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. S, 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. S. 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.l.,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.I.,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. L:IResourcesl0LCR4S4Southlake450L15494 City Engineering\Amd NZAttachment A and B 5-13-16.doc ENGINEER A-2 CITY2: 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. 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. A911CL,E 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 three(3)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 pertinentto 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 ofany 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. L;1Resourcesl0LCR1SrSouthlakelSOLI$494 Ciry Engineedng\Amd Q\Attachment A and B 3.13-16.doc ENGINEER A-3 CITY ARTICLE V DESIGNATED REPRESENTATIVES: ENGINEER and CITY designate the following representatives: CITY's Designated Representative Robert(Rob)Cohen,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 L:1Resources\OLCR151southlakelSOL15494 City Engineering\Amd NZAttachment A and B 5-13-16.doe ENGINEER A-4 CITY ATTACHMENT B COMPENSATION Compensation to Engineer for Basic Services In Attachment A shalt not exceed Six Thousand Six Hundred Eleven Dollars and Eighty-four Cents($6,611.84). The$6,611.84 Fee is based on an hourly rate of$164,00 for a total of 40 hours. The fee also includes $51.84 for mileage expenses which is calculated based on 96 miles at the IRS mileage rate of $0,54 per mile. Engineer will notify City for their approval before proceeding, Additional Services shall be computed based on the Schedule of Charges, $ghedule of Chgraes: Position no ME 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 Techn€cianlDesigner- 1 57 97 CAD TechniclanlDeslgner-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 n-House services Travel Bulk Printing AodZiIlproductlon Standard IRS Rates am �c4lQt Small Format(per copy) $0,10 $0.25 Large Format(per sq.n.) Bond $0,25 $0.75 Glossy 1 Mylar $0,76 $1,25 Vinyl 1 Adhesl%e $1.50 $2.00 Mounting(par sq.n.) $2.00 Binding(per binding) $D.25 OTHER DIRECT EXPENSES: Cotter 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 Mare 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 FN employee was performing the same or similar services. These ranges and rates Wit be adjusted annually in February. Last updated February 2016. n2oo22vs L:IResourcesl0LCR1SLSouthlakclSOL15494 Ciry gngineeringlAmd NZAttachment A and B 5.13-16,doe ENGiNEE B-1 CITY