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Item 4ECITY OF 5OUTHLAKE MEMORANDUM (January 7, 2020) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4E Subject: Approve an Engineering Services Agreement (ESA) with Jones Carter, Inc. to provide engineering design services for drainage improvements located at Dove Creek Trail and West Highland Street, and structural improvements at San Saba Drive and Mission Drive in an amount not to exceed $137,250. Action Requested: Approve an Engineering Services Agreement (ESA) with Jones Carter, Inc. to provide engineering design services for drainage improvements located at Dove Creek Trail and West Highland Street, and structural improvements at San Saba Drive and Mission Drive in an amount not to exceed $137,250. Background Information: In FY 2019, Jones and Carter completed a drainage analysis and provided recommendations on critical drainage structures #10 on West Highland Street and #11 on Dove Creek Trail. The proposed ESA with Jones and Carter includes design services for the recommended drainage improvements at the above referenced critical drainage structures. Though these structures were originally identified in a report prepared back in 1995, Jones and Carter will prepare updated hydrologic and hydraulic analyses to appropriately size these crossings to meet current engineering design standards. On West Highland Street (critical drainage structure #10), just east of Shady Oaks Drive, the road is overtopping during small storm events as well as the 100 -year storm event due to the existing culvert. Jones and Carter recommend a culvert replacement that will facilitate safe passage of vehicles along West Highland Street in a 100 -year storm event. At Dove Creek Trail (critical drainage structure #11), the existing culvert is in poor structural condition. During small storm events as well as the 100 -year event, the street crossing at Dove Creek Trail is overtopped. During the drainage analysis of Dove Creek Trail, Jones and Carter indicated that an arch -spanned bridge would be the ideal resolution to prevent the road from being overtopped during all storm events up to and including the 100 -year. City staff Page 1 of 3 Item 4E determined the construction of a bridge at this location would not be feasible due to the availability of right-of-way as well as cost and limited benefit. Therefore, Jones and Carter recommended an alternative, higher capacity culvert replacement that will improve drainage conveyance and greatly reduce the potential for the road to overtop during most storm events. There are additional culvert crossings at San Saba Drive and Mission Drive, within the same drainage basin for critical drainage structure #11, which were installed with the development back in the early 1980's. These culvert crossings are corrugated metal pipe and are in poor structural condition. Replacement of these culverts with reinforced concrete pipes will meet today's generally accepted practices and will improve the structural integrity of these crossings. The proposed ESA will provide design plans for all four crossings as described above. This scope of work is separate and distinct from the drainage basin study that will be undertaken in the coming fiscal year. This work would have to be completed regardless of whether it was performed in this assessment or the area wide drainage assessment. The scope of Jones and Carter will include topographic surveys, subsurface utility engineer, ROW/easement determination, preparation of plans, bid phase service, construction contract administration, and utility coordination. Financial Considerations: Funding for these drainage improvements at Dove Creek Trail, West Highland Street, San Saba Drive, and Mission Drive is provided in the Storm Water Utility Fund of the FY 2015 and FY 2019 budgets as part of the Capital Improvement Program. This agreement is within the project budget. Strategic Link: This item links to the City's Strategy Map strategic focus area of Safety & Security, Mobility, and Infrastructure. It specifically relates to the City's Corporate Objectives, Cl: Achieve The Highest Standards Of Safety & Security, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcomes is CBO5: Improve Quality Of Life Through Progressive Implementation Of Southlake's Comprehensive Plan Recommendations. Citizen Input/ Board Review: None. Page 2of3 Item 4E Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The City Council may approve or deny the agreement. Staff Recommendation: Approve an Engineering Services Agreement (ESA) with Jones Carter, Inc. to provide engineering design services for drainage improvements located at Dove Creek Trail and West Highland Street, and structural improvements at San Saba Drive and Mission Drive in an amount not to exceed $137,250. Supporting Documents: Attachment A: Engineering Services Agreement Attachment B: Location Maps Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Kevin Ferrer, P.E., Civil Engineer Page 3of3 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this day of , 2019 by and between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Jones and Carter, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, CITY contemplates the need to make drainage improvements at Dove Creek Trail, West Highland Street, San Saba Drive, and Mission Drive. This project is to be known as the Dove Creek Trail and West Highland Street Drainage Improvements 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 performed 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 Agreement 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 Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. Page 1 D. Coordination with Owner The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics 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 conditions 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 work 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 of 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, employees, 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 City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. Page 2 I. Approval by CITY Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability 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 documents. 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 LIABILITY 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 TEXAS 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. Page 3 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 Contractors; 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 required for the ENGINEER to provide its services. Page 4 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 Attachment A, the ENGINEER shall be paid on a lump sum basis in the amount of $98,000 for Basic Service and on an hourly basis plus expenses in an amount not to exceed $39,250 (as outlined in the attached proposal) with a total not to exceed cost ceiling of $137,250 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 A) 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, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; Page 5 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 the date of termination together with any additional reimbursable expense then due. Page 6 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 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 Assumed 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 Page 7 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 be 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, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed as expeditiously as possible. 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 Services, 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: 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 Page 8 If to ENGINEER: Mark J. Holliday, P.E. Jones and Carter, Inc. 6509 Windcrest Drive, Suite 600 Plano, Texas 75024 Phone: 972-488-3880 Fax: 972-488-3882 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. CITY OF SOUTHLAKE: By: Laura Hill, Mayor ATTEST: By: City Secretary Page 9 ENGINEER: JONES AND CARTER, INC. By: % C Mark J. Hogiday, P.E. THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared r 1 known to me for proved to me on the oath of _ or through _��?JQ(S IGCeA:5�'— (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 ON $ y P ,/ L,,\u , and acknowledged to me that lie/she executed the same for the purposes and consideration therein expressed. Given under my Band and seal /of office this day of C�'� ; , A.D. . Notary P lic, State of Texas oti;E`M u WHITLEY JOHNSON' NOTARY ID #131072435 My Commission Expires Notary's Name Pfrinted �a Apri103, 2021 Page 10 0 JONES I c A RTE P. November 27, 2019 Mr. Kyle Hogue, PE City Engineer City of Southlake 1400 Main Street Southlake, Texas 76092 Re: Professional Engineering Services for Drainage CIP Improvements City of Southlake, Texas Dear Mr. Hogue: 6509 Windcrest Drive, Suite 600 Plano, Texas 75024 Tel: 972.488.3880 Fax: 972.488.3882 www.jonescarter.com We appreciate the opportunity to present this proposal for additional topographic survey and civil engineering services pursuant to our meeting and conversation about your upcoming drainage projects. I. Project Understanding The City of Southlake previously identified critical drainage structures throughout the City, specifically structures in locations considered critical to the City for mobility needs. The adopted 1995 Critical Drainage Structures Report identified 27 such critical drainage structures and recommended improvements for each location. In 2012, the Report was updated to account for rapid development growth and the resulting changes to drainage patterns, along with the impact undersized roadway culverts have on mobility during times of intense rainfall. 1) Dove Creek Trail In 2019, the City engaged Jones I Carter (JC) to provide topographic survey and hydrology/hydraulic analysis for the culvert under Dove Creek Trail at Dove Creek, approximately 1,500 feet east of White Chapel Boulevard. The crossing consists of four arch -shaped corrugated metal pipes (CMPs). The culverts measured 37 -inches high from flowline to soffit and 52 -inches wide at the springline. Dove Creek Trail is a two-lane asphalt road with concrete curb and gutter in a single-family residential area. At the crossing, Dove Creek has a concrete -lined bottom with retaining walls lining each side with a typical height of 38 -inches. The bottom width widens and steep concrete slope paving lines the banks immediately upstream and downstream of the crossing. This crossing is within a Zone A floodplain as designated by FEMA Flood Insurance Rate Map No. 48439C0085K. Per record drawings from the Dove Creek Channel Improvements plan set and JC topographic survey data, an existing 8" force main and an existing 6" gravity main sanitary sewer run along the southeast side of the Dove Creek Trail. We understand the City has selected the option presented by JC to replace the existing drainage structure with three 7 -foot by 4 -foot RCBs. 2) West Highland Street In 2019, the City engaged Jones I Carter (JC) to provide topographic survey and hydrology/hydraulic analysis for the culvert under West Highland Street at the South Fork of Kirkwood Branch, approximately 2,300 feet west of White Chapel Boulevard. The West Highland Street crossing consists of a single 36 -inch reinforced concrete pipe (RCP) draining from south to north. A 30 -inch RCP also discharges adjacent to the 36" RCP Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 0 JONES I c A RTE P. Mr. Kyle Hogue, PE Page 2 November 27, 2019 conveying stormwater runoff from the west. This portion of West Highland Street is a two-lane asphalt road with roadside ditches in a single-family residential area. At the crossing, South Fork of Kirkwood Branch is a natural stream that is densely wooded. This crossing is not located in a FEMA designated floodplain. Based on JoneslCarter (JC) topographic survey, buried telephone cable, existing waterlines, and overhead powerlines are present near the culvert crossing. We understand the City has selected the option presented by JC to replace the existing drainage structure with a single 8 -foot by 4 -foot RCB. As presented in the 2019 JC H&H analysis, installation of this drainage structure will require the road to be raised on the order of fl- inches to one -foot. 3) San Saba Drive We understand the City would like to include replacing the existing culverts under San Saba Drive at Dove Creek as part of this Drainage CIP Improvement project. We understand the City intends to install the size and number of culverts to match existing condition. We understand the City does not wish for JC to perform a drainage analysis of this crossing. As such, this proposal doesn't include those design services. This crossing was not included in the 2019 H&H study performed by JC. 4) Mission Drive We understand the City would like to include replacing the existing culverts under Mission Drive at Dove Creek as part of this Drainage CIP Improvement project. We understand the City intends to install the size and number of culverts to match existing condition. We understand the City does not wish for JC to perform a drainage analysis of this crossing. As such, this proposal doesn't include those design services. This crossing was not included in the 2019 H&H study performed by JC. II. Scope of Basic Services Based on our understanding of the City's needs and the project area characteristics, we prepared the following design scope of services and fee proposal for your consideration. 1) Project Kickoff Previous information provided by the City included: existing reports, maps, and record drawings for surrounding infrastructure. If additional information becomes necessary during the design process, Engineer shall request such information as soon as possible for delivery by City. JC will make a site visit to the project location, and attend a kick-off meeting with the City covering the following topics: Project Communication, Critical Issues, Project Milestones & Schedule, Project Deliverables, and Subsurface Utility Engineering (SUE). 2) Design Phase The design phase is based on City -preferred culvert alternative from the 2019 JC H&H study. The purpose of this task is for the preparation of construction plans and project manual for the project. The design phase shall include the following: a. General Design: Cover Sheet, Index, General Notes, Bid Schedule, and Technical Specifications. b. Removal Plans: prepare layouts to delineate and quantify the limits of removals for pavement, drainage, and miscellaneous items. Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 0 JONES I c A RTE P. Mr. Kyle Hogue, PE Page 3 November 27, 2019 c. Drainage Plans: prepare plan & profile sheets of proposed culvert, required roadway improvements, quantities, drainage area map, guardrails, and standard details. d. Water and Sewer Plans: If utility adjustments are necessary, engineer shall include design information on proposed drainage/roadway sheets. Utility adjustments beyond the limits of anticipated roadway improvements are not included. e. Erosion Control Plan: prepare base map for the limits of the project along with standard details for the contractor to utilize in his preparation of the Storm Water Pollution Prevention Plan. f. Traffic Control Plans (TCP) and Signing & Pavement Markings (layouts, quantities, sign types, and standard details). g. Design of retaining walls is not included in the scope. h. Design of traffic signals and electrical lighting is not included in the scope. i. Apparent rights-of-way lines as determined by the previous field work and research will be utilized (property corners and fence corners found adjacent to the project improvements only). No additional property or title research is included. j. The City staff shall review and meet with the Engineer at each submittal stage to discuss and provide additional comment and direction as needed to proceed with. Submittals shall include: i. 30% schematic design plan/profile of items c. and d. above with topographic information. a. Drawings (2 copies 2436 ) ii. 60% preliminary design submittal including the following pdf files: a. Drawing set (2 copies 11x17) and opinion of probable construction cost iii. 90% and Final design submittal including the following pdf files: a. Drawings set (2 copies 11x17) and opinion of probable construction cost b. Technical specifications and bidding documents k. Project Manual: JC will develop the project manual using North Central Texas Council of Governments (NCTCOG) Public Works Construction Standards (St" Edition) as the technical specifications. If other technical specifications are required above what is provided by NCTCOG, JC will provide those specifications. JC will provide a bid form and will incorporate city -provided "front-end" documents (General Conditions, Supplementary Conditions, Bond Forms, Agreement, Instruction to Bidders, etc.). JC will provide a bound "Project Manual" to the City. 3) Bid Phase Services Engineer shall assist the City staff in advertisement of the project for bids. Cost of advertisement shall be responsibility of the City. Engineer shall provide final construction plans and bid documents to City and will upload the same to CivCast for contractor access. JC will make Plans and Project Manual available at our office for viewing by potential bidders. JC will make hard copies available for purchase. Furthermore, Engineer shall: a. Assist the City with a pre-bid meeting. b. Assist the City with the preparation of addenda to the bid documents and provide answers to bidder questions and interpreting bid documents. c. Assist the City with the opening and tabulation of the bids and evaluation of bidder references for best value selection. Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 0 JONES ICA PTE P. Mr. Kyle Hogue, PE Page 4 November 27, 2019 4) Construction Contract Administration The Engineer shall represent the City in the non-resident administration of the construction contract. Services do not involve continuous or extensive on-site inspection to check or verify means and methods, materials, or manage construction efforts. As such, the engineer cannot provide certification of the completed project beyond the limited observation described below. If Field Project Representation is desired, the Engineer can provide those services on an hourly reimbursable basis. The proposed scope of work includes the following: a. Provide a five (5) monthly site visits and provide a written status report for each visit. b. Provide written responses to requests for information (RFI) for clarifications. c. Assist the City staff in conducting the final walk-through for general conformance with the design concept and compliance with the contract documents. d. Prepare construction 'record drawings' based upon markups and information provided by the City inspector and the construction contractor. III. Scope of Special Services 1) Topographic Surveys The San Saba Drive and Mission Drive sites require full topographic survey and presentation of apparent rights-of-way needed for detailed design of the improvements. Dove Creek Trail and West Highland Street sites were surveyed in the 2019 JC H&H study and we are not aware of field changes that require the survey to be updated at these two sites. Should further surveys be needed at these two sites, the work will be coordinated with City staff and performed in accordance with the attached hourly rates. 2) Utility Coordination The Engineer shall coordinate with the City to determine the location of existing and proposed utilities known to be within the anticipated project corridor, and identify potential conflicts. Utility Coordination shall also include meetings if necessary, with individual utility companies, provide plans to utility companies followed by regular status reports and requests for information from utility company representatives. 3) ROW/Easement Determination Using the most recent recorded plats and deeds of tracts along the project route, located property corners and fences found along the project corridors to establish apparent ROW. Survey shall prepare necessary grading or drainage easements metes/bounds and exhibits. No additional property research or title reports are included in the scope. 4) Subsurface Utility Engineering (SUE) a. All Subsurface Utility Engineering (SUE) work if authorized by the City shall be in accordance with the quality level definitions found in the ASCE Standard ASCE 38-02 and will be added to and shown on the topographic map stating utility type and quality level. b. SUE Quality Level A if desired: During the preliminary design phase, uncover critical utility crossings in the field and document detailed subsurface utility information sufficient for Quality Level A. The fees will be per each pot -hole location required. We estimate the need for two (2) pot -holes at each of the four project locations; for a total of eight (8) pot -holes. In general, a budget of $2,500 for each Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 0 JONES Mr. Kyle Hogue, PE Page 5 November 27, 2019 CARTE R pot -hole should be reasonable for pot -holing depths not exceeding 8'. This cost includes a minimal amount a SUE QL B to horizontally locate the utility in question, along with a survey of the utility pot- hole to vertically connect the utility. Fluctuations in the $2,500 /pot -hole may occur depending on actual number of pot -holes performed, location of pot -hole (in pavement versus grassy areas), etc. IV. Information Provided by Client The following information shall be provided to the Engineer. 1. Roadway, drainage, and paving design standards. 2. Record drawings for infrastructure in the study area. 3. Utility maps and master plans. 4. Franchise utility contact information for local representatives. 5. Provide notices to all property owners along the route, as needed. V. Proiect Schedule JC will meet with City staff to develop a complete project schedule for the agreed upon scope of services. We anticipate a 4 -month duration (plus applicable City review durations) for completion of the Bid Documents. For construction, we anticipate a 4 -month duration plus a month on the front-end for submittal preparation, review and procuring materials. We also anticipate one-month on the back -end for closeout bringing the total construction period to six -months. This duration assumes the City will allow only one site at a time to be shut down for no-thru traffic. VI. Proposed Fees Engineer shall be compensated on the following lump sum basis for Basic Services. Additional Services or hourly services shall be performed based on the 2019 rate schedule. Racir Carvirnc TntalFaac Project Kickoff and 30% Schematic Design $ 25,000 Preliminary 60% and Final Design $ 49,000 Bid Phase Services $ 9,000 Construction Contract Administration 15,000 SUBTOTAL $ 98,000 Special Services Topographic Surveys (lump sum) $ 8,250 Utility Coordination (hourly - estimated) $ 5,000 Easement exhibits (assume 4@$1,500) $ 6,000 Subsurface Utility Engineering (estimated) 20,000 SUBTOTAL $ 39,250 CONTRACT TOTAL $ 137,250 General % of Total Fees 01 O co ll 40 35 10 15 40 35 10 15 25 25 25 25 40 35 10 15 0 0 50 50 25 25 25 25 25 25 25 25 25 25 25 25 Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 0 JONES Mr. Kyle Hogue, PE Page 6 November 27, 2019 CARTE R VII. Special Considerations This proposal is based on the following special considerations: 1. Attendance or presentations to city council or neighborhood organizations can be performed as an additional service if needed. 2. Additional Hydrologic/hydraulic studies are not included. 3. Environmental evaluations and permitting is not included in the scope of services. 4. Geotechnical testing and pavement section design is not included. City standards will be utilized. 5. Landscape architecture design is not included in the scope of services. 6. Design of water/sewer improvements beyond the limits of the roadway/culvert improvements are not included. 7. Any review or permit fees associated with the project shall be paid by the Client, or if paid by JC, shall be considered as a reimbursable expense, and are not included in any fees proposed. 8. Hourly Services shall be provided in accordance with the enclosed Schedule of Hourly Rates. These schedules are subject to revision on January 15t of each year. 9. Reimbursable expenses including outside services not performed by JC personnel shall be provided in accordance with the enclosed Schedule of Reimbursable Expenses. 10. Fees do not include sales taxes that may be imposed. We thank you for the opportunity to submit this proposal. An executed copy of this proposal will serve as our notice to proceed. Please return one copy to our office. Sincerely, Jones and Carter, Inc. Mark J. Holliday, PE Vice President APPROVED BY: Signature Name and Title (Printed) Date 0, " � �z- 7 PE Attest Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 0 JONES�CARTER SCHEDULE OF HOURLY RATES Effective January 2019 - Subject to An "iu:31 Revision in January 2020 ENGINEERING PERSONNEL DESIGNERS/DRAFTING PERSONNEL Design Engineer 1 $100 CAD Operator 1 55 Design Engineer II $120 CAD Operator II 75 Professional Engineer 1 $140 GAD Operator III $ 55 Professional Engineer II $160 Designer 1 $ 45 Professional Engineer III $185 Designer 11 $115 Professional Engineer IV $215 Designer 111 $135 Professional Engineer V $230 GIS Operator II $ 80 Practice Leader $250 GIS Operator 11 $105 GIS Operator 111 $140 ELECTRICAL ENGINEERING PERSONNEL Electrical Design Engineer 1 $110 SURVEYING PERSONNEL Electrical Design Engineer II $130 1 -Person Field Crew $125 Electrical Professional Engineer 1 $155 2 -Person Field Crew $170 Electrical Professional Engineer 11 $170 3 -Person Field Crew $205 Electrical Professional Engineer 111 $190 4 -Person Field Crew $235 Electrical Professional Engineer Jif $225 Scanner Equipment $100 Electrical Professional EngineerV $240 Survey Technician 1 $ 65 Survey Technician II 80 CONSTRUCTION PERSONNEL (Includes Mileage) Survey Technician III $100 Project Representative 1 60 Project Surveyor 1 $ 75 Project Representative 11 $ 85 Project Surveyor II $ 85 Project Representative 111 $105 Project Surveyor III $100 Project Representative I —Treatment Facilities 85 Project Surveyor Jif $115 Project Representative 11—Treatment Facilities $110 Chief of Survey Crews $100 Project Representative III —Treatment Facilities $135 Registered Professional Land Surveyor $160 Construction Manager 1 $100 Survey Manager $185 Construction Manager II $120 Construction Manager 111 $140 OFFICE PERSONNEL Construction Manager IV $160 Engineer's Assistant 1 $ 60 Construction Manager V $185 Engineer's Assistant 11 $ 75 Engineer'sAssistantI11 $ 85 SOFTWARE ENLGINEER Admin 1 $ 55 Software Engineer 1 $120 Admin II $ 75 Software Engineer II $185 Admin 111 $100 Software Engineer 111 $230 Assistant Cor)troIIerf Chief Accountant $110 Corporate/P roj ect Acct. 1 $ 75 PLANNING PERSONNEL Corporate/P roj ect Acct. II $ 90 Planner 1 $ 90 Planner 11 $120 Planner III $150 Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 JONESICARTE R GENERAi. CONDITIONS OF AGREEMENT JONES & CARTER, INC. AUTHORIZATION FOR WORK TO PROCEED In order for the CLIENT to obtain the benefit of o fee which includes a lesser Signing of this PROPOSAL/AGREEM ENT for services shall be authorization allowance for riskfunding, the CLIENTogreestolimitJ&C'sliability arising by the CLIENT for Jones & Carter, Inc. (J&C), to proceed with the work, from J&C's professional acts, errors or omissions, such that the total unless stated otherwise in the AGREEMENT. aggregate liability of J&Cshall not exceed J&C's total fee for the services rendered on this project. STANDARD OF PRACTICE Services performed byJ&C under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the engineering profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, etc., prepared by J&C. BILLING AND PAYMENT The CLIENT, recognizing that timely payment is a material part ofthe consideration ofthis AGREEMENT, shall payJ&C for services performed in accordance with the rates and charges set forth herein. Invoices shall be submitted by J&C on a monthly basis and the full amount shall be due and payable to J&C upon receipt. If the CLIENT objects to all or any portion of an invoice, the CLIENT shall notify J&C in writing within seven (7) calendar days ofthe invoice date and pay that portion of the invoice not in dispute. The CLIENT shall pay an additional charge of 0.75% ofthe invoiced amount per month for any payment received by J&C more than thirty (30) days from receipt of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of the CLIENT. Payment thereafter shall be first applied to accrued interest and then to the principal unpaid amount. OWNERSHIP/REUSE OF DOCUMENTS All documents, including original drawings, opinions of probable construction cost, specifications, field notes, and data provided or furnished by J&C pursuant to this AGREEMENT are instruments of service in respect to the Project and 1&C shall retain ownership and property interest therein whether or not the project is completed. The CLIENT may make and retain copies for the use of the Project by the CLIENT and others; however, such documents are not intended or suitable for reuse by the CLIENT or others on extensions of the Project or on any other Project. Any such reuse without written approval or adaptation by J&C for the specific purpose intended shall be at the CLIENT'S sole risk and without liability to J&C, and the CLIENT shall indemnify and hold harmless J&C from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. COST ESTIMATES Cost estimates prepared by the engineer represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that the engineer has no control over the cost of labor, materials, or equipment; over the contractor's methods of determining bid prices; or over competitive bidding or market conditions. Accordingly, the engineer cannot and does not guarantee that bids will not vary from any cost estimate prepared by him. INSURANCE J&C agrees to maintain Workers' Compensation Insurance to cover all of its own personnel engaged in performing services for the CLIENT under this AGREEMENT. LIMITATION OF LIABILITY J&C agrees to carry out and perform the services herein agreed to in a professional and competent manner. The CLIENT agrees that J&Cshall not be liable for error, omission, or breach of warranty (either expressed or implied) in the preparation of designs and drawings, preparation of surveys, designation and selection of materials and equipment for the project, or the performance of any other services in connection with any assignment for which specific authorization is given by CLIENT under this agreement except to the extent that he fails to exercise the usual degree of care and judgment of an ordinarily prudent engineer in the some orsimilar circumstances or conditions. Version 13-08-22 INDEMNIFICATION J&C agrees, to the fullest extent permitted by law, to indemnify and hold the CLIENT harmless from any damage, liability, or cost (including reasonable attorney's fees and costs of defense) to the extent caused by J&C's negligent acts, errors, or omissions in the performance of professional services under this AGREEMENT including anyone for whom J&C is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold J&C harmless from any damage, liability, or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the CLIENT'S negligent acts, errors, or omissions and those of his or her contractors, subcontractors or consultants, or anyone for whom the CLIENT is legally liable, and arising from the Project that is the subject of this AGREEMENT. J&C is not obligated to indemnify the CLIENT in any manner whatsoever for the CLIENT'S own negligence. CONSEQUENTIAL DAMAGES The CLIENT shall not be liable to J&C and 1&Cshall not be liable to the CLIENT for any consequential damages incurred by either due to the fault of the other, regardless ofthe nature of this fault or whether it was committed by the CLIENT orl&C employees, agents, or subcontractors. Consequential Damages include, but are not limited to, loss of use and loss of profit. TERMINATION This AGREEMENT may be terminated with or without cause at any time prior to completion of J&C's services either by the CLIENT or by J&C, upon seven (7) days written notice to the other at the address of record. Termination shall release each party from all obligation ofthis AGREEMENT except compensation payable to J&C for services rendered prior to Termination. Compensation payable at termination shall include payment for services rendered and costs incurred up to the termination date in accordance with J&C's currently effective hourly rate schedule and direct expense reimbursement policy. SUCCESSORS AND ASSIGNS CLIENT and J&C each binds himself, and his partners, successors, executors, administrators, and assigns to the other party of this AGREEMENT and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants ofthis AGREEMENT. Neither CLIENT nor J&C shall assign, sublet, or transfer his interest in this AGREEMENT, without written consent ofthe other. Nothing contained herein shall be construed as giving any rights or benefits hereunder to anyone other than the CLIENT and J&C. SEVERABILITY Any provision or part of the AGREEMENT held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the CLIENT and J&C, who agree that the AGREEMENT shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention ofthe stricken provision. SPECIAL PROVISIONS The amount of an excise, VAT, gross receipts, or sales tax that may be imposed shall be added to the compensation as stated in the proposal. CONTROLLING LAW This AGREEMENT shall be governed by the laws ofthe State of Texas. Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046104 City of Southlake - Drainage CIP Improvements - Mission Drive PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST SOUTHLAKE lu November 7, 2019 Existing 4-42" CMP to be removed and install 4-42" RCP with Concrete Revetment. ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT Roadway Improvements 101 MOBILIZATION LS 1 $5,000.00 $5,000.00 102 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.00 103 TEMPORARY EROSION CONTROL LS 1 $2,500.00 $2,500.00 104 SAWCUT, REMOVE & DISPOSE OF EXISTING PCCP (ALL DEPTHS AND TYPES) SY 145 $10.00 $1,450.00 105 PCCP W/ MONOLITHIC CURB (6") SY 145 $65.00 $9,425.00 106 FLEXBASE (SUBGRADE) (6") SY 155 $15.00 $2,325.00 107 REMOVE GROUTED ROCK RIPRAP SY 22 $10.00 $220.00 108 GROUTED ROCK RIPRAP SY 22 $125.00 $2,750.00 109 FURNISHING AND PLACING TOPSOIL (6") & BLOCK SOD SY 20 $10.00 $200.00 110 MISCELLANEOUS UTILITY ADJUSTMENTS LS 1 $5,000.00 $5,000.00 Drainage Improvements Roadway Sub -Total: $33,870.00 201 ICONC PIPE (42 INCH) LF 240 $130.00 $31,200.00 202 REINFORCED CONC (REVETMENT) SY 65 $50.00 $3,250.00 203 IMPORT EMBEDMENT/BACKFILL, CRUSHED ROCK CY 38 $125.00 $4,750.00 204 REMOV CONC (REVETMENT) SY 65 $10.00 $650.00 205 REMOV STR (PIPE) LF 240 $10.00 $2,400.00 Drainage Sub -Total: $42,250.00 Preliminary OPCC Sub -Total: $76,120.00 Contingency (15%+-): $11,380.00 TOTAL PRELIMINARY OPCC $87,500.00 This OPCC is provided without the benefit of survey or design. Since CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, his Opinions of Probable Construction Cost provided herein are made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer familiar with the construction industry; but CONSULTANT cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from Opinions of Probable Construction Cost prepared by him. 1 of 1 City of Southlake - Drainage CIP Improvements - San Saba Drive PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST SOUTHLAKE lu November 7, 2019 Existing 4-36" CMP to be removed and install 4-36" RCP with Concrete Revetment. ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE I AMOUNT Roadway Improvements 101 MOBILIZATION LS 1 $5,000.00 $5,000.00 102 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.00 103 TEMPORARY EROSION CONTROL LS 1 $2,500.00 $2,500.00 104 SAWCUT, REMOVE & DISPOSE OF EXISTING PCCP (ALL DEPTHS AND TYPES) SY 97 $10.00 $970.00 105 PCCP W/ MONOLITHIC CURB (6") SY 97 $65.00 $6,305.00 106 FLEXBASE (SUBGRADE) (6") SY 104 $15.00 $1,560.00 107 FURNISHING AND PLACING TOPSOIL (6") & BLOCK SOD I SY 1 20 $10.001 $200.00 108 MISCELLANEOUS UTILITY ADJUSTMENTS I LS 1 1 $5,000.001 $5,000.00 Drainage Improvements Roadway Sub -Total: $26,535.00 201 ICONC PIPE (36 INCH) LF 220 $115.00 $25,300.00 202 REINFORCED CONC (REVETMENT) SY 67 $50.00 $3,350.00 203 IMPORT EMBEDMENT/BACKFILL, CRUSHED ROCK CY 37 $125.00 $4,625.00 203 DITCH REGRADING AND RESHAPING CY 30 $25.00 $750.00 204 REMOV CONC (REVETMENT) SY 67 $10.00 $670.00 205 REMOV STIR (PIPE) LF 220 $10.00 $2,200.00 Drainage Sub -Total: $36,895.00 Preliminary OPCC Sub -Total: $63,430.00 Contingency (15%+-): $9,570.00 TOTAL PRELIMINARY OPCC $73,000.00 This OPCC is provided without the benefit of survey or design. Since CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, his Opinions of Probable Construction Cost provided herein are made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer familiar with the construction industry; but CONSULTANT cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from Opinions of Probable Construction Cost prepared by him. 1 of 1 ILA Location Map Location Map