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Item 4J CITY OF SOUTH LAKE Item 4J MEMORANDUM (October 3, 2017) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve a professional consultant agreement with Jerry Hodge and Associates for project management of the State Highway 114 Intersection and frontage road projects in an amount not to exceed $108,000. Action Requested: Approve a professional consultant agreement with Jerry Hodge and Associates for project management of the State Highway 114 Intersection and frontage road projects in an amount not to exceed $108,000. 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 and in Fiscal Year 2017, the City contracted with Mr. Jerry Hodge of Hodge and Associates to act as the project team leader 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. Item 4J 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: • Worked with the County Commissioner to allocate $250,000 of County funds for the SH 114/Kirkwood/Solana intersection improvements. • Saved over $50,000 by having TxDOT waive review and inspection fees on signal and intersection improvements. • Participated in the Design Concept Conference with TxDOT. This is the initial meeting that generated the Design Summary report, which is a working document and updated throughout the life of the project. • Completed development of a concept schematic and preliminary budget estimates. • Oversaw the development of design schematic. This is the first step toward full engineering design. • TxDOT and NCTCOG engagement: Mr. Hodge confirmed that TxDOT will waive all TxDOT related fees for inspection and management for the westbound frontage road project. Also, TxDOT committed to funding all related costs for the environmental assessment. 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. • Topographic survey, aerial mapping and utility survey (SUE Level C and D) were completed. Page 2 of 4 Item 4J • 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 expires on September 30, 2017 and staff is recommending renewal to ensure continued oversight and facilitation of this important project. The proposed contract stipulates a 12-month term with $8,000 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 intersection improvements at SH 114/Solana/Kirkwood Boulevard. • Completion of the frontage road construction plans, specifications and construction estimate. • Obtain outstanding right of way dedication and monetary contributions from major stakeholders. • Identify needed public utility relocations and notify accordingly • Develop an acquisition strategy to advertise and award the westbound frontage road project. The proposed contract renewal is attached and includes as Exhibit A, the expected deliverables. Financial Considerations: The SH 114 Improvements Project was funded via the FY 2017 CEDC and General Fund Capital Budgets in the amounts of $1 ,000,000 and $1 ,500,000 respectively. Funding for this contract would be paid out of that project fund. Strategic Link: The SH 114 Improvements Project links to the City's strategy map relative to the focus areas of Infrastructure and Mobility. The specific corporate objectives that are met by this construction project are to (C2) Provide travel and convenience within the City and region and (CBO2) Enhance mobility through aggressive traffic management initiatives and capital project implementation. Citizen Input/ Board Review: There was considerable citizen input in support of this project during the public hearings that were held for the TD Ameritrade site plan. Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The Council may approve the professional consultant agreement or deny it. Page 3 of 4 Item 4J Supporting Documents: Jerry Hodge Bio Agreement with Jerry Hodge and Associates Staff Recommendation: Approve a professional consultant agreement with Jerry Hodge and Associates for project management of the State Highway 114 Intersection and frontage road projects in an amount not to exceed $108,000. Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Page 4 of 4 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 SH 121 North ($110m), SH 121 South ($61 m), Hwy 26 ($14m), and the DFW Connector ($1.1 B) 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 SH 114 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 $11M 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 day of 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: 1 . 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 6 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 , 2017. 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 $108,000 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 $9,000 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 6 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 6 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 Jerry Hodge & Associates City Manager 1213 Huron Drive City of Southlake Grapevine, Texas 76051 1400 Main Street, 4t" Floor Southlake, TX 76092 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 6 Exhibit A Consultant shall complete the projects shown below, consulting with City staff as required. Scope of Services SH 114 Southbound Frontage Roads between Dove Road and Kirkwood Boulevard: • Act as the project team leader for the westbound SH114 frontage road (Kirkwood Blvd to Dove Road)project(including Texas Turnarounds) and coordinate all administrative items and meetings between stakeholders to include Southlake, the engineer of record, TxDOT, U.S. Army Corps of Engineers and other agencies including but not limited to Southlake HOAs, other municipalities and individual parties, as appropriate and necessary. • Identify, coordinate and develop any partnering agreements such as Memorandums of Understanding (MOU) and inter-local agreements (ILA's). • Manage and accelerate, where possible, all planned actions and milestones that are part of the subject project schedule. • 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. • Facilitate all activities necessary to lead to the successful completion of the final traffic study. • Review and coordinate all geometric design schematics (30%, 60%, 90%, 100%) for completeness, accuracy, and constructability and coordinate reviews with all stakeholders. • Facilitate all activities leading to the successful completion of the environmental assessment and environmental clearance for the project. • Represent Southlake on all public involvement activities associated with the project. • Manage and coordinate the development and review of the plans, specifications and Opinion of Probable Cost(OPCC)being developed by a third-party. PROFESSIONAL CONSULTANT AGREEMENT PAGE 5 OF 6 • Facilitate and oversee the development of a design schematic of the proposed SH114 frontage roads by a third-party consultant. • Facilitate and oversee the development of research of public utilities and drainage in the project zone by a third-party consultant. Intersection Improvements at Kirkwood Boulevard/Solana Boulevard and SH114 Frontage Roads • Act as the project team leader during the construction phase of the intersection and signalization improvements projects at Kirkwood Blvd./Solana Blvd and westbound SH114 frontage road. • Meet with Kimley-Horn and Contractors during the construction of signal and intersection improvements. • Coordinate with Tarrant County, Town of Westlake, TxDOT and the City of Southlake to in the implementation of the Interlocal Agreement and the Local Project Advance Funding Agreement. As the lead CONSULTANT on these projects, it shall be the responsibility of CONSULTANT to: • Continue working with the group of affected stakeholders and major landowners including the City of Southlake, The Town of Westlake, Fidelis, Blackstone, Verizon, TxDOT, and consultants as required. • Research and develop necessary information for project start-up. • Interview and submit to city for consideration for hire design consultants as needed for the project. • Prepare budget for preliminary and final design costs. • Attend all meetings and make presentations as needed. • Review all reports by consultants. • Investigate all funding availability for the projects and report on findings. NOTE. It is anticipated that the construction of the frontage roads could begin as soon as late 2018. It should be noted that once construction of the WB frontage road begins, of which Hodge &Associates is expected to be engaged as Project Manager, the monthly fee will increase to $10,000 per month. PROFESSIONAL CONSULTANT AGREEMENT PAGE 6 OF 6