Item 4GItem 4G
M E M O R A N D U M
(January 15, 2019)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an engineering services agreement with Freese and
Nichols to provide construction management services for the
widening of N. White Chapel from Emerald Boulevard to Highland
Street, in an amount not to exceed $450,000.
Action
Requested: Approve an engineering services agreement with Freese and
Nichols to provide construction management services for the
widening of N. White Chapel from Emerald Boulevard to Highland
Street, in an amount not to exceed $450,000.
Background
Information: This project will widen the segment of N. White Chapel Road to its
ultimate 4 lane, divided section from Emerald Boulevard, adjacent
to the Bicentennial Park entrance to the roundabout currently being
constructed at Highland Street.
This project will most importantly increase the capacity of N. White
Chapel with the addition of lanes but will also feature many other
amenities including a median to feature landscaping and decorative
hardscape. The project will also include the completion of the
permanent traffic signal at Ascot Drive at the main entrance into
Carroll High School. The project will also replace the existing
wooden fences and screening walls with a continuous masonry
screening wall along the east side of the project. An 8’ concrete
trail will be built adjacent to the screening wall as well as a 5’
concrete walk along the west side of the road.
While Huitt-Zollars has developed the design plans, staff has
engaged Freese and Nichols to provide professional construction
management services to oversee this $12 million project. The
services under this agreement will not be a duplication of services
being provided by the engineer of record. These services will serve
as a force multiplier to execute the project while staff focuses on
the integrated and targeted community outreach efforts that are
expected to last for the 24 month duration of this high profile
project. Staff has worked with Freese and Nichols to develop this
project specific scope for expected support needs during both the
Item 4G
bid and construction phases. The anticipated support is expected
to be more intense at the onset of the project however Freese and
Nichols will provide in-the-field project and construction
management for the duration. Additional services include
engineering, project controls, and scheduling support to effectively
track and deliver this project on schedule and within budget. These
services will be billed at an hourly rate with an estimated not to
exceed budget of $450,000.
Financial
Considerations: The N. White Chapel Road project was funded via the General,
Roadway Impact Fee and Utility Funds over the past 10+ years.
Tarrant County has also committed to $2.2 million to this widening
project.
Strategic Link: The N. White Chapel Road project links to the City’s strategy map
relative to the focus areas of Mobility and Infrastructure. The
specific corporate objectives that are met by this construction
project are to (C2) Provide travel convenience within City & region
and (F2) Invest to provide & maintain high quality public assets.
The critical business outcomes are to (CB02) Enhance mobility
through aggressive traffic management initiatives and capital
project implementation and (CB05) Improve quality of life through
progressive implementation of Southlake’s Comprehensive Plan
recommendations.
Citizen Input/
Board Review: This project has been the subject of multiple public meetings over
the past decade.
Legal Review: The proposed agreement is a standard agreement that the City
Attorney has reviewed and approved.
Alternatives: The Council may approve the engineering services agreement or
deny it.
Supporting
Documents: Agreement with Freese and Nichols, Inc.
Staff
Recommendation: Approve an engineering services agreement with Freese and
Nichols to provide construction management services for the
widening of N. White Chapel from Emerald Boulevard to Highland
Street, in an amount not to exceed $450,000.
Staff Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this _____ day of ____________, 2017 by and
between the City of Southlake, Texas (hereinafter referred to as “CITY”), and Freese and
Nichols, Inc. (hereinafter referred to as “ENGINEER”).
WHEREAS , CITY contemplates the need to procure professi onal construction
management services to oversee the N. White Chapel Road expansion from Emerald
Boulevard to Highland Street. This project is to be known as the N. White Chapel Emerald
to Highland Project Management project and hereinafter referred to as the “Project”.
WHEREAS , ENGINEER is qualified, able, and desirous of performing the
necessary engineering work upon which the Project is based and is willing and able to
work with CITY staff to organize and coordinate the professional services necessary to
complete the Project.
NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER
agrees to perform, the engineering work for the Project, as more fully described herein
below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as
compensation, the payments on the dates and in the amounts herein specified, all in
accordance with the terms more fully set out below and as provided in Attachment A which
is attached hereto and incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Attachment A in accordance with the terms
set forth in this Agreement and in Attachment A .
B. Definitions
Services refer to the professional services perfo rmed by ENGINEER pursuant to
this Agreement.
C. Changes
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreeme nt by altering, adding to and/or deducting from
the work to be performed. If any change causes an increase or decrease in ENGINEER’s
cost of, or the time required for, the performance of any part of the Services under the
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Agreement, an equitable adjustment will be made by mutual agreement and this
Agreement shall be modified in writing accordingly.
D. Coordination w ith Owner
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statisti cs computations and other data in the
CITY’s possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditi ons at the site unless otherwise noted in writing to the
CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its
responsibilities specified hereunder. Necessary arrangement for access to any site by
ENGINEER’s employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and not
to any third party and for this reason neither this Agreement nor any contract hereunder
shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any
of its obligations under this Agreement without the prior written consent of CITY.
G. Independent Contractor
ENGINEER covenants and agrees that it will perform the wor k hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details o f the
work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply as
between CITY and ENGINEER, its officers, agents, emplo yees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the proposed
Project and business relations with abutting property owners. ENGINEER further warrants
that it will make disclosure in writing of any conflicts of interest that develop subsequent to
the signing of this contract and prior to final payment under the contract. Finally, Engineer
warrants that it has submitted to the C ity a completed Conflicts of Interest Questionnaire as
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required by Chapter 176 of the Texas Local Government Code.
I. Approval by CITY
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liabili ty of ENGINEER, its officers, agents, employees, and
subcontractors for the accuracy and competency of the Services performed under this
Agreement, including but not limited to surveys, designs, working drawings and
specifications and other engineering doc uments.
Such approval shall not be deemed to be a waiver or an assumption of such
responsibility and liability by CITY for any negligent act, error, or omission in the
performance of ENGINEER’s professional services or in the conduct or preparation of the
subsurface investigations, surveys, designs, working drawings and specifications or other
engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the CITY’s
approval of only the general design concept of the Improvements to be constructed.
J. Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL
DAMAGES, LOSS OR LIABIL ITY OF ANY KIND WHATSOEVER, BY REASON OF
DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR
NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES,
OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE
PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND
EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS,
AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND
DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO THE
LIMITATIONS OF TE XAS LOCAL GOVERNMENT CODE SECTION 271.904 AND
SHALL BE CONSTRUED TO THAT EFFECT.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes between the parties to this Agreement, and is in no way intended by the
parties to benefit or otherwise affect any third person or entity (except the indemnitees
identified or described in Article I, Section J., above), notwithstanding the fact that such
third person or entities may be in a contractual relationship with CITY and ENGINEER, or
both; and (2) the terms of this Agreement are not intended to release, either by contract or
operation of law, any third person or entity from obligations they owe to either CITY or
ENGINEER.
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L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants of
this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this
Agreement without prior written consent of the other.
II. ARTICLE
CITY’S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY’s requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER’s disposal all information in
CITY’s control or knowledge which is pertinent to the Project, including
executed right-of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within reasonable
time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
C ontractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER’s work or in
Contractor’s work;
6. Designate in writing a person to act as its representative with respect to this
Agreement, such person having complete authority to transmit instructions,
receive information, and make or interpret the CITY’s decisions;
7. Provide all information and criteria as to the CITY’s requirements, objectives,
and expectations for the Project including all numerical criteria that are to be
met and all standards of development, design, or construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER’s opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land use
regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
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required for the ENGINEER to provide its services.
10. Provide any other information or assistance as outlined in Attachment B
hereto.
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be
paid on an hourly basis plus expenses i n an amount not to exceed $450,000 (as outlined in
the attached proposal) as billed monthly by ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for any services and expenses incurred in
accordance with the work performed subject to the limits set out in Article III. Payment shall
be due within thirty (30) days of receipt by CITY of a properly prepared and correct invoice
from ENGINEER. ENGINEER’s invoices shall be accompanied by such records or other
written proof as CITY deems necessary to verify the billings. Invoices shall be made to City
Finance Department’s office at 1400 Main Street, Suite 440, Southlake, Texas
76092.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day when
payment for services and expenses is due under the terms of this Agreement, ENGINEER
shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the
Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to time
and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER’s standard hourly fee and expenses (see Attachment B) for actual time
expended and actual out-of-pocket sums expended, such services to be one or more of the
following:
1. Make or prepare detailed description of sites, ma ps, or drawings related
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thereto and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection is
not required, in writing, by the CITY;
6. Other services agreed to by the parties in writing and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of care
and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession in the same locality at the time the services are provided and in accordance
with any applicable governmental laws, regulations and ordinances.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and
shall remain in force until work is completed on the Project or until terminated under the
provisions hereinafter provided in Article VIII.
VIII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience , with or without
cause by giving written notice to the ENGINEER. Such termination may be made effective
on such future date as agreed by the parties, but absent such agreement shall be
immediate. Upon receipt of such notice the ENGINEER shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies,
assistance, facilities, and materials in connection with the performance of this Agreement
and shall proceed to cancel promptly all existing contracts insofar as they are chargeable
to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered through
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the date of termination together with any additional reimbursable expense then due.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this Agreement,
including the original drawings in both paper and electronic formats , shall
become the property of CITY if this Agreement is terminated. Upon
completion and payment of the contract, the final design, drawings,
specifications and documents in both paper and electronic formats shall be
owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY
of such documents without the permission of ENGINEER shall be at CITY’s
sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER’s
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer’s Liability - Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a
combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10) business
days after execution of this Agreement and prior to issuing Notice to Proceed . Such
certificates shall provide that the insurer will give CITY not less than ten (10) days notice of
any material changes in or cancellation of coverage. In the event any subcontractor of
ENGINEER, with or without CITY’s consent, provides or renders services under this
Agreement, ENGINEER shall ensure that the subcontractor’s services are covered by the
same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
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insurance coverage has been approved by CITY. Such insurance shall be in the minimum
amount of $1,000,000 and shall include coverage of Contractually Assum ed Liability. The
insurance coverage prescribed herein shall be maintained until one (1) year after CITY’s
acceptance of the construction project and shall not be canceled without prior written notice
to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a
Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage
required herein has been obtained by ENGINEER, and such certificate shall contain the
provision that such insurance shall not b e cancelled or modified without thirty (30) days
prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any
modification or alteration in such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PR OGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed by May
2021. ENGINEER shall employ manpower and other resources, and use professional skill
and diligence to meet the schedule; however, ENGINEER shall not be responsible for
schedule delays resulting from conditions beyond its control. By mutual agreement, CITY
and ENGINEER may modify the Project schedule during the course of the Project and if
such modifications affect ENGINEER’s compensation, it shall be modified accordingly,
subject to CITY’s approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Servi ces, the authorization by CITY shall be in writing and shall
include the definition of the services to be provided, the schedule for commencing and
completing the services, and the basis for compensation as agreed upon by CITY and
ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
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If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: Thomas Haster, P.E.
Principal-in-Charge
Freese and Nichols, Inc.
2220 San Jacinto Boulevard, Suite 330
Denton, TX 76205
Phone: (817) 735-7238
Fax: (817) 735-7491
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or unenforceable ,
shall not substantially affect the rights or obligations granted to or undertaken by either
party.
XIV. ARTICLE
VENUE-LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of
the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed in
two equal originals on the date and year first above mentioned.
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CITY OF SOUTHLAKE:
By: _________________________________
Laura Hill, Mayor
ATTEST:
By: _________________________________
City Secretary
ENGINEER: FREESE AND NICHOLS, INC.
By: _________________________________
Thomas Haster, P.E., Principal-in-Charge
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared ______________ known to me [or
proved to me on the oath of _______________ or through ___________________
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
______________________ of _____________________________, and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
Given under my hand and se al of office this _____ day of __________,
A.D.______.
______________________________________
(SEAL) Notary Public, State of Texas
____________________________________
Notary’s Name Printed
2220 San Jacinto Blvd., Suite 330 Denton, Texas 76205 940-220-4340 FAX 817-735-7491 www.freese.com
September 17, 2018
Rob Cohen
Public Works Director
Town of Southlake
1400 Main Street
Southlake, TX 76092
RE: Project and Construction Management Services
Dear Mr. Cohen:
Freese and Nichols (FNI) appreciates this opportunity to assist the Town of Southlake with Project
Management and Construction Phase services. We fully understand the importance of having a
single point of contact to work side-by-side with the Town to resolve day-to-day engineering
issues.
FNI strives to be knowledgeable, responsive and represent the best interests of the Town. We
have the ability to readily dedicate the resources of a full slate of comprehensive transportation,
water, wastewater, storm water, developmental review, program management, environmental,
architectural, energy and construction-phase services to develop innovative, cost-effective
solutions for the Town’s engineering needs. FNI will contract with a real estate company, to work
as a subconsultant of FNI, based on the needs of the projects to acquire right of way on behalf of
the Town.
We understand at this time the project you would like for us to begin helping you with is White
Chapel Boulevard. In order to better understand the scope of what you need for this project, we
would like to begin obtaining from you a schedule, overall construction cost and overall status of
the project including the ROW acquisition. We have included in the charts only the fees
associated with the work performed by FNI and will need to meet with you to tailor and scope/fee
the ROW services such as Pre-acquisition services (ownership and easement information), Title
services, Appraisals, Property Owner contact, etc. if needed as it is not included in the fee.
Please find Attachment A – Scope of Services including a rate sheet for the services to be
provided. The chart below explains the projected cost plus not to exceed fee associated with the
work discussed at our meeting and emails received from Kyle Hogue.
Base Support:
Project Management or
Construction Management
3 days/week for the first 6 months
2 days/week for the next 18 months
Additional Support:
Project Mgmt/Const. Mgmt Misc. (as needed) 6 hrs/week
Engineering Support Misc. (as needed) 2 hrs/week
2
Project Controls Support Project Controls and Reporting (3 hrs/week)
Scheduling Support Develop/maintain Schedule (2 hrs/week)
Expenses mileage, computer time, etc.
Budget Impacts
Month Time Frame Base Support
3 days/week for 6 months – Year 1 $155,009
2 days/week for 6 months – Year 1 $111,706
Year 1 Total = $226,715
2 days/week for 12 months – Year 2 $223,412
Years 1 and 2 Total = $450,127
We are excited about continuing to work with Southlake on any upcoming projects. Please feel
free to contact me directly if you have any questions.
Sincerely,
Thomas Haster, P.E. Rebecca P. Diviney, P.E.
Principal-in-Charge Project Manager
817-735-7238 940-220-4366
thomas.haster@freese.com Rebecca.diviney@freese.com
ATTACHMENT A
Scope of Services
Project Management and Construction Management Services
ARTICLE I
ENGINEER will provide the supervision, direction, personnel and equipment to perform the Services
outlined in Attachment A in accordance with the terms set forth in this Agreement and Attachment A.
BASIC SERVICES: ENGINEER shall render the following professional services in connection with
the development of the project:
Provide Project Management and Construction Management Services and operate as an extension of the
CITY’S staff with respect to projects identified by the CITY. To that end, ENGINEER shall represent and
promote the interests of the CITY throughout all aspects and phases of the CITY’S activities and shall, when
and as requested by the CITY, fully support the CITY in its dealings with contractors and suppliers, engineers
and other consultants, the CITY’S legal counsel, right-of-way acquisition consultants, traffic engineering
consultants, governmental entities and the public.
ENGINEER shall provide Project Management and Construction Management Services for projects
identified by CITY personnel. Project Management Services may involve one or more activities for all project
phases to include, but not limited to: project identification and estimation, design consultant selection,
construction bid, administrative oversight of onsite construction, construction inspection, and project close out.
Other services could include coordinating and conducting public involvement meetings, project update
presentations to the public, staff and City Council, and project scheduling/tracking.
A. BID OR NEGOTIATION PHASE:
1. Assist the CITY in conducting a pre-bid conference for the construction projects and coordinate
responses with Owner.
2. Monitor the bid process and maintenance of relevant bid information. Items may include:
general bid information, plan holders, addenda and bid results.
3. Coordinate with the CITY’S Purchasing Department that project contract documents meet
CITY’S requirements.
4. Prepare bid award resolution for Council actions.
B. CONSTRUCTION PHASE:
ENGINEER will endeavor to protect CITY in providing these services however, it is understood that
ENGINEER does not guarantee the Contractor’s performance, nor is ENGINEER responsible for
supervision of the Contractor’s operation and employees. ENGINEER shall not be responsible for the
means, methods, techniques, sequences or procedures of construction selected by the Contractor, or
any safety precautions and programs relating in any way to the condition of the premises, the work of
the Contractor or any Subcontractor. ENGINEER shall not be responsible for the acts or omissions of
any person (except its own employees or agents) at the project site or otherwise performing any of the
work of the project.
1. Assist CITY in conducting pre-construction conference(s) with the Contractor(s), review
construction schedules prepared by the Contractor(s) pursuant to the requirements of the
construction contract and prepare a proposed estimate of monthly cash requirements of the
project from information provided by the Construction Contractor.
2. Establish communication procedures with the CITY and contractor. Submit bi-monthly reports
of construction progress. Reports will describe construction progress in general terms and
summarize project costs, cash flow, construction schedule and pending and approved contract
modifications.
3. Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of contractor’s submittals and provide
for filing and retrieval of project documentation. Produce monthly reports indicating the status
of all submittals in the review process. Review contractor’s submittals, including, requests for
information, modification requests, shop drawings, schedules, and other submittals in
accordance with the requirements of the construction contract documents for the projects.
Monitor the progress of the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
4. Based on ENGINEER’S observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by Contractor,
determine the amount that ENGINEER recommends Contractor be paid on monthly and final
estimates, pursuant to the General Conditions of the Construction Contract.
5. Make visits appropriate to the stage of construction to the site (as distinguished from the
continuous services of a Resident Project Representative) to observe the progress and the quality
of work and to attempt to determine in general if the work is proceeding in accordance with the
Construction Contract Documents. In this effort ENGINEER will endeavor to protect the CITY
against defects and deficiencies in the work of Contractors and will report any observed
deficiencies to CITY.
6. Notify the contractor of non-conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports, equipment installation reports or other
documentation required by the construction contract documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials, witnessed tests, factory testing, etc. for quality control of the project.
The cost of such quality control shall be paid by CITY and is not included in the services to be
performed by ENGINEER.
8. Interpret the drawings and specifications for CITY and Contractor(s). Investigations, analyses,
and studies requested by the Contractor(s) and approved by CITY, for substitutions of equipment
and/or materials or deviations from the drawings and specifications is an additional service.
9. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the CITY to
determine the cost and time impacts of these changes. Prepare change order documentation for
approved changes for execution by the CITY. Documentation of field orders, where cost to
CITY is not impacted, will also be prepared. Investigations, analyses, studies or design for
substitutions of equipment or materials, corrections of defective or deficient work of the
contractor or other deviations from the construction contract documents requested by the
contractor and approved by the CITY are an additional service. Substitutions of materials or
equipment or design modifications requested by the CITY are an additional service.
10. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the CITY on the merit and value of the claim on the basis of information
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the CITY if appropriate.
11. Conduct, in company with CITY representative, a final review of the project for conformance
with the design concept of the project and general compliance with the Construction Contract
Documents. Prepare a list of deficiencies to be corrected by the contractor before
recommendation of final payment. Assist the CITY in obtaining legal releases, permits,
warranties, spare parts, and keys from the contractor. Review and comment on the certificate of
completion and the recommendation for final payment to the Contractor(s).
12. Coordinate the project close-out process with the CITY and the Contractor(s).
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. Field surveying required for the preparation of designs and drawings.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right of way surveys, preparation of easement and deed descriptions,
including title search and examination of deed records.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by CITY.
F. Providing renderings, model and mock-ups requested by the CITY.
G. Making revisions to drawings, specifications or other documents when such revisions are 1) consistent
with approvals or instructions previously given by CITY or 2) due to other causes not solely within
the control of ENGINEER.
H. Providing consultation concerning the replacement of any work damaged by fire or other cause during
the construction and providing services as may be required in connection with the replacement of such
work.
I. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of force
account construction performed by CITY.
J. Preparing applications and supporting documents for government grants, loans, or planning advances
and providing data for detailed applications.
K. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests
of equipment at any site remote to the project or observing tests required as a result of equipment
failing the initial test.
L. Conducting pilot plant studies or tests.
M. Preparing Operation and Maintenance Manuals or conducting operator training.
N. 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.
O. Furnishing the services of a Resident Project Representative to act as CITY’S on-site representative
during the Construction Phase. The Resident Project Representative will act as directed by
ENGINEER in order to provide more extensive representation at the project site during the
Construction Phase. Through more extensive on-site observations of the work in progress and field
checks of materials and equipment by the Resident Project Representative and assistants, ENGINEER
shall endeavor to provide further protection for CITY against defects and deficiencies in the work.
Furnishing the services of a Resident Project Representative is subject to the provisions of Article I,
D.
If CITY provides personnel to support the activities of the Resident Project Representative who is
ENGINEER or ENGINEER’S agent or employee, the duties, responsibilities and limitations of
authority of such personnel will be set forth in an Attachment attached to and made a part of this
Agreement before the services of such personnel are begun. It is understood and agreed that such
personnel will work under the direction of and be responsible to the Resident Project Representative.
CITY agrees that whenever ENGINEER informs him in writing that any such personnel provided by
the CITY are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
P. Furnishing Special Inspections required under chapter 17 of the International Building Code. These
Special Inspections are often continuous, requiring an inspector dedicated to inspection of the
individual work item, and they are in additional to General Representation and Resident
Representation services noted elsewhere in the contract. These continuous inspection services can be
provided by ENGINEER as an Additional Service.
Q. Preparation of Conformed or “As Bid” plans and specifications for use during the construction phase.
These documents shall involve the incorporation of addenda items into the Contract Documents
through modification of the electronic files and reprinting of the plans and specifications inclusive of
the incorporated changes.
R. Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
S. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
T. 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.
U. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues.
V. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
W. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this Agreement.
X. Services required to resolve bid protests or to rebid the projects for any reason.
Y. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete the work within the contract time.
Z. Providing services after the completion of the construction phase not specifically listed in Article I.
AA. 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.
BB. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
CC. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of ENGINEER.
DD. Providing value engineering studies or reviews of cost savings proposed by construction contractors
after bids have been submitted.
EE. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services Agreement.
FF. Provide follow-up professional services during Contractor’s warranty period.
GG. Provide Geotechnical investigations, studies and reports.
ARTICLE III
TIME OF COMPLETION: ENGINEER is authorized to commence work on the project upon execution of
this Agreement and agrees to complete the services in accordance with the following schedule: Services to
begin at the time of executed agreement for a period of 24 months from that date.
If ENGINEER’S services are delayed through no fault of ENGINEER, ENGINEER shall be entitled to adjust
contract schedule consistent with the number of days of delay. These delays may include but are not limited
to delays in CITY or regulatory reviews, delays on the flow of information to be provided to ENGINEER,
governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the
face of this Agreement and in this Attachment A.
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. Provide all criteria and full information as to CITY’S requirements for the project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which CITY will require to be included in the drawings and specifications.
C. Assist ENGINEER by placing at ENGINEER’S disposal all available information pertinent to the
project including previous reports and any other data relative to design or construction of the project.
D. Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform services under this Agreement.
E. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the project, such legal services as CITY may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the project including any that may be raised by
Contractor(s), such auditing service as CITY may require to ascertain how or for what purpose any
Contractor has used the moneys paid under the construction contract, and such inspection services as
FIN may require to ascertain that Contractor(s) are complying with any law, rule, regulation,
ordinance, code or order applicable to their furnishing and performing the work.
F. CITY shall determine, prior to receipt of construction bid, if ENGINEER is to furnish Resident Project
Representative service, so the Bidders can be informed.
G. If CITY designates a person to serve in the capacity of Resident Project Representative who is not
ENGINEER or ENGINEER’S agent or employee, the duties, responsibilities and limitations of
authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and
made a part of this Agreement before the Construction Phase of the Project begins. Said attachment
shall also set forth appropriate modifications of the Construction Phase services together with such
adjustment of compensation as appropriate.
H. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and
other job-related meetings and substantial completion inspections and final payment inspections.
I. 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, or any defect or
nonconformance of the work of any Contractor.
J. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Attachment A, Article
II of this Agreement or other services as required.
K. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: ENGINEER and CITY designate the following representatives:
CITY’S Designated Representative –
CITY’S Accounting Representative –
ENGINEER’S Designated Representative – Rebecca Diviney, 4055 International Plaza, Suite 200, Fort
Worth, Texas 76109, Rebecca.diviney@freese.com, 940-220-4366
ENGINEER’S Accounting Representative – Jana Collier, 4055 International Plaza, Suite 200, Fort Worth,
Texas 76109, jvc@freese.com, 817-735-7354