Item 4DCITY OF
5OUTHLAKE
MEMORANDUM
(November 1, 2016)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
4D
Subject: Approve a professional consultant agreement with Jerry
Hodge and Associates for project management of the State
Highway 114 Improvements Project in an amount not to
exceed $72,000
Action
Requested: Approve a professional consultant agreement with Jerry Hodge and
Associates for project management of the State Highway 114
Improvements Project in an amount not to exceed $72,000
Background
Information: The completion of the expansion of SH 114 in 2004 did not include
the construction of frontage roads between Dove Road and
Kirkwood Boulevard. Currently, westbound drivers who proceed on
the frontage road from the Dove Road and SH 114 intersection
must re-enter the highway before being allowed to exit again at
Kirkwood Boulevard.
Regional growth in recent years has increased usage of SH 114 as
a key east -west connector. Additionally, with the recent approval of
the TD Ameritrade development as well as the renovations to the
Solana development and particularly the expansion and addition of
a parking garage at 1000 West Kirkwood Boulevard which is
intended to increase the building's capacity, the need for capacity
improvements such as the completion of the frontage roads has
become more pressing. The lack of a frontage road along this
portion of SH 114 represents a critical missing element of mobility
infrastructure in the City of Southlake.
In April 2016, the City contracted with Mr. Jerry Hodge of Hodge
and Associates to act as the project team leader on the design of
the frontage roads on SH 114 between Dove Road and Kirkwood
Boulevard as well as leading efforts on the design of intersection
improvements at SH 114 and Kirkwood Boulevard and SH 114 and
Dove Road.
Since that time, in his role as project team leader, Mr. Hodge has
met numerous times with three major groups: 1.) Project engineers
(Kimley-Horn); 2.) Stakeholders and property owners on both the
west and eastbound sides of SH 114; and 3.) the Area and District
offices of TxDOT. Through these meetings and with Mr. Hodge's
oversight, the following project milestones have been met:
Completed development of a concept schematic and preliminary
budget estimates.
Development of draft schematic: The City Council authorized
entering into a contract with Kimley-Horn in June for the
development of the design schematic. As a result, we anticipate
having a draft schematic completed in 45-60 days and a final
design schematic completed early next year.
TxDOT and NCTCOG engagement: Mr. Hodge has met several
times with the TxDOT District Office and as a result, they have
tentatively committed to paying for environmental related costs
and waiving all TxDOT related fees for inspection and
management. TxDOT has also agreed to allow construction on
the westbound portion of the road without concurrent
construction on the eastbound side. This means that Southlake
will be able to move forward with construction without needing
to secure funding and commitment from the entities on the
eastbound side of the highway.
Discussions have also been held with the North Central Texas
Council of Governments to ensure placement of the project on
the TIP, which allows the project to receive state and federal
funds.
Kimley-Horn and Mr. Hodge met with TxDOT NTCAO on
September 7, 2016 to discuss the project and timeline.
Meetings will be held with NTCAO at least monthly through
development of the final design schematic to gather feedback
and concurrence.
Topographic survey, aerial mapping and utility survey (SUE
Level C and D) substantially complete.
Traffic analysis underway. Traffic counts have been performed
and traffic data has been requested from TxDOT to complete.
Kimley-Horn evaluated the ultimate intersection improvements
at SH 114 and Dove and SH 114 and Kirkwood. These ultimate
intersection improvements will be incorporated into the design
schematic.
Mr. Hodge's contract expired on September 30, 2016 and staff is
recommending renewal to ensure continued oversight and
facilitation of this important project. The proposed contract
stipulates a 12 -month term with $6,000 payable on a monthly basis.
Staff anticipates that with the completion of this contract term, the
following project milestones will be met:
Completion of the design schematic
ROW needs will be researched and identified; coordination of
ROW donation from property owners within the project zone
Identify needed public utility relocations and notify accordingly
Drainage requirements identified
Traffic impact analyses completed for all intersections
Submittal of traffic study, schematic and estimated project costs
to TxDOT for funding and construction considerations
The proposed contract renewal is attached and includes as Exhibit
A, the expected deliverables.
The Community Enhancement and Development Corporation
unanimously recommended approval of this agreement at
their October 25, 2016 meeting.
Financial
Considerations: Consulting services are budgeted in the FY17 CEDC and General
Fund capital budgets for this project.
Strategic Link:
The State Highway 114 Improvements Project links to the City's
strategy map relative to focus area of Mobility. The specific
corporate objectives that are met by this project are to provide
travel convenience within the City & region. The critical business
outcome is to enhance mobility through aggressive traffic
management initiatives and capital project implementation.
Citizen Input/
Board Review: N/A
Legal Review: This is a standard Consulting Services Agreement that has been
previously reviewed by the City Attorney.
Alternatives: The Council may approve the Consulting Services Agreement or
deny it.
Supporting
Documents: Location Map
Consulting Services Agreement
Staff
Recommendation: Approve a professional consultant agreement with Jerry Hodge
and Associates for project management of the State Highway 114
Improvements Project in an amount not to exceed $72,000
Staff Contact: Alison Ortowski, Assistant City Manager
Rob Cohen, Public Works Director
Kyle Hogue, P.E., Deputy Director Public Works/City Engineer
Steven D. Anderson, P.E., CFM, Deputy City Engineer
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SH 114 FRONTAGE ROAD IMPROVEMENTS
KIRKWOOD BOULEVARD TO DOVE ROAD
MAY 24, 2016
Kimley0Horn
Jerry Hodge Bio
Jerry Hodge held the position of Public Works Director in several Texas cities for
over 35 years. He was twice awarded the Top Public Works official in the State of
Texas by the Texas Public Works Association. His last Director's position was with the
City of Grapevine where he worked for over 20 years. In that capacity his
responsibilities included engineering, building maintenance, transportation, and
drainage, outside operations, water and sewer. His responsibilities also included
management of planning, development and construction of all major construction
projects. He was responsible for preparing the request for highway funding from both
the Texas Department of Transportation and North Central Texas Council of
Governments (NTCOG), and managed both highway and city project.
He retired from the City of Grapevine in 2006 but remains their representative on
their transportation projects. Projects he has managed and obtained funding for since
his retirement include, FM2499 ($98m), Section 13 of SH121 North ($110m), SH 121
South ($61 m), Hwy 26 ($14m), and the DFW Connector ($1.1B)
For the past ten years Jerry Hodge & Associates has been in the transportation
and access management business. We represent both cities and major developers in
the Metroplex with access management, right of way acquisition, construction of
roadways, and water and sewer. Hodge & Associates has performed consulting work
within the City of Southlake on the Texas Turn around at SH114 and Carroll Boulevard.
On that project we worked with a group of area stakeholders, obtained funding from the
local entities and received matching funds of $1M from NCTCOG (Project total was
$2.4M), and then managed the construction through completion. We managed the
design for the Brumlow Road project. Mr. Hodge was part of the Tarrant County Bond
Task Force. Hodge & Associates works with The North Central Texas Council of
Governments and The Texas Department of Transportation on several projects.
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT ("Agreement") is entered into this 1st day of October, 2016
effective immediately by and between Jerry Hodge & Associates ("CONSULTANT") and
the CITY OF SOUTHLAKE, TEXAS, a municipal corporation of the State of Texas
("CITY"). For convenience, the CONSULTANT and the CITY may sometimes be
referred herein collectively as "parties" and individually as a "party."
WITNESSETH
WHEREAS, CITY desires to engage the CONSULTANT to provide
comprehensive project management and assistance as more fully described on Exhibit
"A" attached hereto and incorporated herein by reference; and
WHEREAS, CONSULTANT agrees to provide such work and services for the
CITY in accordance with the terms of this Agreement;
NOW, THEREFORE, for the mutual promises set forth herein, and for other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto mutually agree as follows:
Employment of Consultant.
(a) CITY agrees to engage the CONSULTANT and the CONSULTANT
hereby agrees to perform the services described in Exhibit "A" attached hereto
and incorporated herein by reference.
(b) Notwithstanding anything to the contrary contained in this Agreement,
CITY and CONSULTANT agree and acknowledge that CITY is entering into this
Agreement in reliance on CONSULTANT's special and unique abilities with
respect to public works and project management. CONSULTANT accepts the
relationship of trust and confidence established between it and the CITY by this
Agreement. CONSULTANT covenants with CITY to use his best efforts, skill,
judgment, and abilities to perform the work required by this Agreement and to
further the interests of CITY in accordance with CITY's requirements, in
accordance with the highest standards of CONSULTANT's profession or
business and in compliance with all applicable national, federal, state, municipal,
laws, regulations, codes, ordinances, orders and with those of any other body
having jurisdiction. The CONSULTANT warrants, represents, covenants, and
agrees that all of the work to be performed by the CONSULTANT under or
pursuant to this Agreement shall be of the standard and quality which prevail
among similar businesses and organizations of superior knowledge and skill
engaged in providing similar services in major United States urban areas under
the same or similar circumstances and involving the work to be performed in
accordance with Exhibit "A" attached hereto and incorporated herein.
PROFESSIONAL CONSULTANT AGREEMENT PAGE 1 OF 11
CONSULTANT warrants, represents, covenants, and agrees that the work he
performs will be accurate and free from any material errors.
2. Term. The term of this Agreement shall be twelve months commencing October 1,
2016. This contract may be extended under the same terms and conditions by the
mutual written agreement of the parties.
3. Compensation. The CITY agrees to pay the CONSULTANT a lump sum fee of
$72,000 in order to perform work as described in Exhibit "A" attached hereto.
Furthermore, the CONSULTANT agrees not to exceed this amount without receiving
prior written authorization. CONSULTANT agrees that should the need arise for
additional services should arise, CONSULTANT will seek authorization before
proceeding and if requested, supply CITY with best estimate of the proposed fee
adjustment.
4. Method of Payment. The CONSULTANT shall be paid monthly based on twelve
(12) equal payments of $6,000 per month. Total payments shall not exceed the
amount shown in (3), above. CITY shall pay invoices within 30 days of receipt;
provided, however, that in the event CITY requests any supporting documentation
for charges, payment shall be made within 30 days of receipt of the documentation.
5. Changes. CITY or CONSULTANT may, from time to time require changes in the
scope of services of the CONSULTANT to be performed hereunder. Such changes,
which are mutually agreed upon by and between CITY and the CONSULTANT, shall
be incorporated in written amendment to this Agreement.
6. Services and Materials to be Furnished by CITY. CITY shall furnish the
CONSULTANT with all available information, data, and material CONSULTANT
requests pertinent to the execution of this Agreement. CITY shall cooperate with the
CONSULTANT in carrying out the work herein and shall provide adequate staff for
liaison with the CONSULTANT. CITY shall provide project related printing, meeting
accommodations and scheduling of meetings.
7. Confidential Information. CONSULTANT agrees that CONSULTANT shall not use
in any manner, directly or indirectly, any Confidential Information except in promoting
CITY business, and as necessary in performing his duties under this Agreement;
8. Termination of Agreement. CITY or CONSULTANT has the right to terminate this
Agreement for any reason upon 10 days' notice to the other party. Upon termination
pursuant to this paragraph, the CONSULTANT shall be entitled to payment of such
amount as shall compensate CONSULTANT for the services satisfactorily performed
from the time of the last payment date to the termination date in accordance with this
Agreement, provided the CONSULTANT shall have delivered to CITY such
statements, accounts, reports and other materials as required herein, and provided
that CONSULTANT shall have delivered to CITY all reports, documents and other
materials prepared by CONSULTANT prior to termination. CITY shall not be
required to reimburse CONSULTANT for any services performed or expenses
incurred after the date of the termination notice.
PROFESSIONAL CONSULTANT AGREEMENT PAGE 2 OF 11
9. Information of Reports. The CONSULTANT shall, at such time and in form as
CITY may require, furnish such periodic reports concerning the status of the work to
be performed under this Agreement, and copies of proposed and executed plans
and other information relative to the work performed under this Agreement as may
be requested by CITY. The CONSULTANT shall furnish CITY, upon request, with
copies of all documents and other material prepared or developed in relation with or
as part of the work performed under this Agreement. The CONSULTANT shall
furnish CITY with an electronic copy of all materials prepared or developed in
relation with or as part of the work performed under this Agreement.
10. Records and Inspections. CONSULTANT shall maintain full and accurate records
with respect to all matters covered under this Agreement for a period of two years
after the completion of the work performed under this Agreement, or if litigation
relating to any aspect of this Agreement is commenced within that two year period,
until there is a final, nonappealable judgment or a settlement agreement has been
executed between all the parties. CITY shall have free access at all proper times to
such records, and the right to examine and audit the same and to make transcripts
there from, and to inspect all program data, documents, proceedings, and activities.
11. Completeness of Contract. This Agreement and the documents incorporated
herein by specific reference contain all the terms and conditions agreed upon by the
parties hereto, and no other agreements, oral or otherwise, regarding the subject
matter of this contract or any part thereof shall have any validity or bind any of the
parties hereto. If there is any conflict between the terms of this Agreement and the
documents attached hereto, the terms of this Agreement shall control. This
Agreement may not be subsequently modified except by a written agreement signed
by both parties.
12. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable
hereunder to any party other than the CONSULTANT.
13. When Rights and Remedies Not Waived. In no event shall the making by CITY of
any payment to the CONSULTANT constitute or be construed as a waiver by CITY
of any breach of covenant, or any default which may exist on the part of the
CONSULTANT and the making of any such payment by CITY while any such breach
or default shall exist in no way impairs or prejudices any right or remedy available to
CITY in respect to such breach or default.
14. Final Decisions. Serving as a consultant to the City, CONSULTANT shall advise all
parties that final decisions regarding the projects and programs on which he is
working shall be made by the City Council and/or City Manager.
15. Personnel. All of the services required hereunder will be performed by the
CONSULTANT or under CONSULTANT's supervision, and all personnel engaged in
the work shall be qualified to perform such services.
PROFESSIONAL CONSULTANT AGREEMENT PAGE 3 OF 11
16.Assignability. The parties hereby agree that CONSULTANT may not assign,
convey or transfer its interest, rights and duties in this Agreement without the prior
written consent of CITY.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
sufficient if sent by the parties via personal delivery, facsimile, or via United States
certified mail, postage paid, to the addresses noted below:
Shana Yelverton
City Manager
City of Southlake
1400 Main Street, 4th Floor
Southlake, TX 76092
Jerry Hodge & Associates
Grapevine, Texas 76051
18. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Venue for any action brought to
interpret or enforce the terms of this Agreement shall lie in Tarrant County, Texas.
19.Authority to Sign. The parties hereby warrant and represent that the undersigned
persons have full authority and are duly authorized to sign on behalf of their
respective principals and that such principals have duly authorized the transaction
contemplated by this Agreement.
IN WITNESS WHEREOF, CITY and the CONSULTANT have executed this Agreement
as of the date first written above.
CITY OF SOUTHLAKE, TEXAS
By:
Laura Hill
Mayor
Jerry Hodge & Associates
By:
Jerry L. Hodge
Owner
PROFESSIONAL CONSULTANT AGREEMENT PAGE 4 OF 11
Exhibit A
Consultant shall complete the projects shown below, consulting with City staff as
required.
Scope of Services
SH 114 Frontage Roads between Dove Road and Kirkwood Boulevard:
Act as the project team leader in developing an engineered concept schematic
and estimates to design and construct the frontage road on westbound frontage
of SH114 between Dove Road and Kirkwood Blvd.
Facilitate and manage the development of a design schematic of the proposed
SH114 frontage roads by a third party consultant.
Facilitate and manage the development of research of available and necessary
right-of-way to construct said proposed SH114 westbound frontage road,
environmental requirements, public utility relocations and drainage in the project
zone by a third party consultant.
Develop and submit a milestone schedule for each deliverable within 3 months
after final approval of the schematic by TxDOT.
Intersection Improvements at SH114/Kirkwood Boulevard and SH114/ Dove Road
Act as the project team leader in developing an engineered concept schematic
and estimates to design and construct intersection improvements/signals at
Kirkwood Blvd. and SH114 west.
Facilitate the development of and review traffic studies including but not limited to
Signal Warrant Analysis for a proposed traffic signal at the intersection of SH114
frontage roads and Kirkwood Blvd/ Solana Blvd.
Facilitate and manage the development of research of public utilities, right-of-way
and drainage in the project zone by a third party consultant.
Manage the process with engineering firms for the schematic and the traffic
impact analysis (TIA) for both SH114 and Solana Blvd. and SH114 and Kirkwood
Blvd. The TIA will include traffic analysis for the frontage road.
Meet with Kimley-Horn and Contractor during the construction of signal
improvements.
Submit the traffic study, project schematic and estimated project costs to TxDOT
along with two (2) copies to the City for consideration for both the funding of
construction on the frontage road by TxDOT or outside entities. Deliverables will
form the basis for project budget development and execution for all stakeholders.
Develop and submit a milestone schedule for each deliverable before project
final design is started.
PROFESSIONAL CONSULTANT AGREEMENT PAGE 5 OF 11
Exhibit A
As the lead CONSULTANT on these projects, it shall be the responsibility of the
CONSULTANT to:
Develop a working group of stakeholders including major landowners, The City of
Southlake, TD Ameritrade, The Town of Westlake, Fidelis, Blackstone, Verizon,
TxDOT, and consultants as required. Continuous meetings will be held to keep
all stakeholders informed about the projects during both development and
construction.
Research and develop necessary information for project start-up.
Prepare a milestone schedule and project budget exhibits for preliminary and
final costs.
Attend all meetings, develop and make presentations as needed.
Organize, prepare for, and hold all public meetings as required by TxDOT.
Review all reports by consultants.
Investigate all funding availability for the projects as they progress and report on
findings.
Review design plans for signal and intersection improvements at Kirkwood Blvd.
and SH114 and Dove Road and SH114.
Note: This scope of Services and related fees does not include the following items
identified as Phase 11 but can be added in an amended contract.
Phase 11
This phase includes:
Right-of-way and utility relocation.
Construction management of all projects design and construction.
Meet with TxDOT and Kimley-Horn on all design review meetings.
PROFESSIONAL CONSULTANT AGREEMENT PAGE 6 OF 11