Item 4P MemoItem 4P
Page 1 of 2
M E M O R A N D U M
(December 1, 2020)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Engineering Services Agreement (ESA) with Huitt-
Zollars, Inc, to provide engineering design services for the
lowering of a 16” water main crossing North White Chapel
Boulevard in an amount not to exceed $65,000.
Action
Requested: Approve an Engineering Services Agreement (ESA) with Huitt-
Zollars, Inc, to provide engineering design services for the lowering
of a 16” water main crossing North White Chapel Boulevard in an
amount not to exceed $65,000.
Background
Information: Design for this project began in 2008. The city’s project team made
two decisions that have resulted in the current situation. First, the
city provided the location and depth of the water line to the
consultant designing the widening of the roadway. Second, the
city’s team chose to forego subsurface utility exploration activities.
The decision saved money during the pre-design phase however
this has resulted in the need to relocate the water line after it was
discovered that the depth provided to the consultant was incorrect.
The water line was believed to be much deeper than it currently is
at the site and now conflicts with the new roadway. The shallower
depth will result in the clearance between the top of the water line
and the proposed roadway will no longer meet city requirements.
This agreement will result in extensive subsurface utility exploration
in and around the water line to verify pipe sizes and connections
for the future relocation of the water line The information gathered
during the field investigation will be incorporated into a topographic
survey and preliminary and final designs.
Financial
Considerations: Funding for this agreement is budgeted as part of the approved
Capital Improvement Program. This agreement is within the project
budget.
Item 4P
Page 2 of 2
Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Safety & Security, Infrastructure, and Performance Management &
Service Delivery. It specifically relates to the City’s Corporate
Objectives, C1: Achieve The Highest Standards Of Safety &
Security, B5: Enhance Service Delivery Through Continual Process
Improvement, and F2: Invest To Provide & Maintain High Quality
Public Assets. The Critical Business Outcome is, CBO5: Improve
Quality Of Life Through Progressive Implementation Of Southlake’s
Comprehensive Plan Recommendations.
Citizen Input/
Board Review: None.
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 Huitt-
Zollars, Inc, to provide engineering design services for the lowering
of a 16” water main crossing North White Chapel Boulevard in an
amount not to exceed $65,000.
Supporting
Documents: Attachment A: Engineering Services Agreement
Staff
Contact: Rob Cohen, Director of Public Works
Page 1
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this _____ day of ____________, 2020 by and
between the City of Southlake, Texas (hereinafter referred to as “CITY”), and Huitt-
Zollars, Inc. (hereinafter referred to as “ENGINEER”).
WHEREAS, CITY contemplates the need to lower an existing 16” water main
crossing White Chapel Boulevard. This project is to be known as White Chapel water
main lowering project 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 2
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 3
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.
L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
Page 4
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 5
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 an hourly basis plus 10% administrative fees in an amount not to
exceed $50,325.00 for Subsurface Utility Engineering, and on a lump sum basis in the
amount of $12,480.00 for Survey and Design (as outlined in the attached proposal) with
a total not to exceed cost ceiling of $62,805 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 6
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 7
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 - $1,000,000 per
occurrence and shall include coverage of Contractually Assumed Liability.
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. 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
Page 8
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 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 9
If to ENGINEER: Kenneth A. Roberts, P.E.
Huitt-Zollars, Inc.
1717 McKinney Avenue, Suite 1400
Dallas, Texas 75202
Phone: 214-871-3311
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
Attachment ‘A’ Scope of Services
Page 1 of 3
ATTACHMENT ‘A’
SCOPE OF SERVICES
The project consists of the preparation of a Plan / Profile design drawing for the lowering of an
existing 16” water main crossing White Chapel Boulevard at approximately roadway station 14+93.
The following tasks have been identified for inclusion in this scope of services:
Task 1 – Subsurface Utility Engineering
Task 2 – Topographic Survey
Task 3 – Preliminary Design
Task 4 – Final Design
The Scope of Services shall consist of the following:
Task 1 – Subsurface Utility Engineering
The Consultant shall subcontract with a Subsurface Utility Engineering (SUE) company to provide
all the following SUE services:
A. Quality Level B (QL-B) Designating (Horizontal Location of Utilities) – Designating is to
indicate, by marking with paint and/or flags, the presence, and approximate horizontal
location of subsurface utilities using a suite of geophysical methods including, without
limitations, electromagnetic, sonic, acoustical, and radar techniques. Subconsultant will:
• Provide all equipment, personnel, and supplies required for performing designating
services. SAM shall determine which equipment, personnel, and supplies are required
for designation.
• Designate the underground franchise utilities, which may consist of but are not limited
to gas, petroleum pipelines, telephone, fiber optics, cable TV, and electrical utilities
within the project area previously described. SAM will NOT designate water, sanitary
sewer, and storm sewer.
• Conduct appropriate investigation of site conditions.
• Mark the utilities on the ground using pink paint and/or flags.
• Analyze and correlate all of the field-collected information with the collected record
information for ensuring continuity of the information collected. Resolve conflicts with
Level D, C, and B information.
• The utilities will be marked at maximum 50 foot intervals and at all changes in direction.
• Marking of hose bib lines, irrigation lines, and other such small non detectable utilities
will not be included.
• The designated utilities will be surveyed by SAM, and included in the deliverable
drawings depicting type, owner, and any other attributes ascertainable during the
investigation.
• The limits of the QL-B investigation is the area outlined in red on Attachment D.
Attachment ‘A’ Scope of Services
Page 2 of 3
B. Quality Service Level A (QL-A) Test Hole Services – Test Hole services are to locate the
accurate horizontal and vertical position of subsurface utilities by excavating a test hole
using vacuum excavation techniques and equipment that is non-destructive to utilities. In
performing test hole services subconsultant will:
• Excavate up to fourteen (14) test holes as needed within the project limits shown
on Exhibit A.
• Provide all equipment, personnel and supplies required to perform locating
services. SAM, LLC shall determine which equipment, personnel and supplies are
required to perform such services.
• Excavate test holes to expose the utility to be measured in such a manner that
ensures the safety of the excavation and the integrity of the utility to be measured.
In performing such excavations, subconsultant shall comply with applicable utility
damage prevention laws. Excavations will be performed using specially developed
vacuum excavation equipment that is non-destructive to existing facilities. If
contaminated soils are discovered during the excavation process, subconsultant
will so notify the Client.
• Furnish and install permanent markers directly above the centerline of utility
structure for each utility found during trenching. Record the depth to top of utility
from this surface marker and elevation of said marker.
• Backfill around the exposed facility compacted in six inch lifts.
• In grass and landscape areas, restoration shall be as reasonably possible to the
condition that existed prior to excavation.
• Utilities located will be surveyed by subconsultant survey crews.
• It is assumed that up to two (2) test hole locations will require pavement removal
and repair. Subconsultant assumes all test hole locations will be repaired with cold
patch asphalt.
• Subconsultant assumes one (1) day of special traffic control will be required for QL-
A.
• All test holes are assumed to be less than eight (8) feet deep
SUE Deliverables – A digital Microstation file and pdf plan view map depicting the utilities
within the area of investigation at their achieved quality levels will be prepared for this
project. These utility lines will have a unique line style and symbology in the SUE plan
deliverables.
Test hole reports and a data summary form will be prepared. Test hole reports will be
signed and sealed by a Professional Engineer.
Task 2 – Topographic Survey
Field topographic surveying to verify existing elevations and physical features.
Task 3 – Preliminary Design
Coordinate with the S.U.E. subconsultant in order to prepare a preliminary design of the water
main relocation and submit to the City for review. Revise existing plan/profile sheet if 12” water
affected.
Attachment ‘A’ Scope of Services
Page 3 of 3
Task 4 – Final Design
Incorporate City review comments, complete the final design of the water main relocation, and
calculate quantities for the City to use in preparing a change order.
Exclusions
The intent of the scope is to include only the services specifically listed above and no others.
Services specifically excluded from this Scope of Services include, but are not necessarily limited
to the following:
• Subsurface Utility Engineering (S.U.E.) services beyond those listed in the scope of
services.
• Construction management services.
• Construction inspection services.
• Screening wall design.
END ATTACHMENT ‘A’
Attachment ‘B’ Project Schedule
Page 1 of 1
ATTACHMENT ‘B’
PROJECT SCHEDULE
Tasks 1 and 2 – The topographic survey and SUE work will be complete 4 weeks after receipt
of Notice to Proceed from the City.
Task 3 – Preliminary design will be complete 2 weeks after Tasks 1a & 1b and delivered to the
City for review and comment.
Task 4 – Final design will be complete 1 week after receipt of review comments from the City.
END ATTACHMENT ‘B’
Attachment ‘C’ Fee Schedule
Page 1 of 1
ATTACHMENT ‘C’
FEE SCHEDULE
TASK TOTAL
Task 1 – Subsurface Utility Engineering (Hourly Not to Exceed)* $50,325.00
Task 2 – Topographic Survey (Lump Sum) $2,260.00
Task 3 – Preliminary Design (Lump Sum) $7,580.00
Task 4 – Final Design (Lump Sum) $2,640.00
*Subconsultant invoices billed at +10% for administrative costs.
TOTAL PROJECT FEE $62,805.00
END ATTACHMENT ‘C’
RCP 011
Attachment D