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.
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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.
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ENGINEER
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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.
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ENGINEER
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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
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ENGINEER
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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
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ENGiNEE
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