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Item 4D MemoCITY OF SOUTHLAKE MEMORANDUM (September 7, 2021) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4D Subject: Approve Supplement Agreement No. 2 with McManus and Johnson Consulting Engineers, LLC (MJCE) to provide additional construction management services for the Fuel Farm Water Line Extension project in an amount not to exceed $15,000. Action Requested: Approve Supplement Agreement No. 2 with McManus and Johnson Consulting Engineers, LLC (MJCE) to provide additional construction management services for the Fuel Farm Water Line Extension project in an amount not to exceed $15,000. Background Information: In FY 2020, the City entered into an Engineering Services Agreement with MJCE in an amount not to exceed $44,955. Under the original scope, MJCE was to provide construction management services and operate as an extension of the City's staff with respect to the project. In FY 2021, Supplement Agreement No. 1 was approved to provide additional capacity in construction management services in the amount of $4,950. Under Supplement Agreement No. 2, the additional scope of work will include maintaining coordination with the property entities and addressing utility service lines and connections while handling construction and materials delays, and minimizing issues once construction activities resume. Financial Considerations: Funding for this agreement is available as part of the approved Capital Improvement Program. Strategic Link: This item links to the City's Strategy Map strategic focus areas of Safety & Security 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 Outcome is CB05: Improve Quality Of Life Through Progressive Implementation Of Southlake's Comprehensive Plan Recommendations. Page 1 of 2 Item 4D 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 Supplement Agreement No. 2 with McManus and Johnson Consulting Engineers, LLC (MJCE) to provide additional construction management services for the Fuel Farm Water Line Extension project in an amount not to exceed $15,000. Supporting Documents: Attachment A: Supplement Agreement No. 2 Attachment B: 2020 Engineering Services Agreement Attachment C: 2021 Supplement Agreement No. 1 Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., Deputy City Engineer Kevin Taylor, P.E., Civil Engineer Page 2 of 2 Attachment A ENGINEER'S CONTRACT SUPPLEMENT AGREEMENT NO.2 CITY OF SOUTHLAKE THE STATE OF TEXAS TARRANT COUNTY KNOW ALL MEN BY THESE PRESENTS: THIS SUPPLEMENT AGREEMENT made and entered into this day of 2021, by and between the City of Southlake, hereinafter referred to as "City" and McManus & Johnson Consulting Engineers, LLC, hereinafter referred to as the "Engineer". WITNESSETH THAT: WHEREAS, the City and the Engineer entered into a contract on July 27, 2020, to acquire professional engineering services for the Construction Management Services for the Fuel Farm Water Main Extension; and WHEREAS the City desires to change the scope of the project to allow for payment of future "Additional Services" as defined in Section 2 of the Agreement; NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of Construction Management Services for the Fuel Farm Water Main Extension, be modified as follows: SCOPE OF CHANGE SUPPLEMENTAL AUTHORIZATION #2 The contractor's revised schedule as outlined in Supplemental Authorization # 1 was not met resulting in a longer construction period than anticipated. Delays have occurred due to significant weather episodes. Additional coordination continues to be required working with property owners to provide additional construction in coordination with their facilities, additional quantities, and to aid in complying with city requirements. Availability of construction materials has further delayed construction. Additional delays have required additional site visits and action by the Engineer to coordinate with the contractor and the property owners for construction of the pipeline and connections to the new water main. The revised schedule is planned for completion of the project by Q4 of FY- 22 without further delays. The Engineer agrees to provide the same services as the original agreement through the revised completion schedule and to participate in the final inspection and close-out of the construction contract. COMPENSATION The total amount of additional compensation under this Supplemental Agreement #2 is not to exceed $7,650.00 as shown in Attachment 1. TIME OF COMPLETION Engineering services to be rendered hereunder shall be complete at such time as stated in agreement. ORIGINAL CONTRACT All requirements of the aforesaid contract of Construction Project Management Services for Construction of the Fuel Farm Water Main Extension including Supplemental Agreement No. 1, and this Supplement Agreement No. 2, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their respective officers duly authorized as of the day and year first above written. CITY OF SOUTHLAKE, TEXAS By: Robert Cohen Director of Public Works By: John Huffinan Mayor ENGINEER: MCMANUS & ENGINEERS, LLC an JOHNSON CONSULTING Scope of Services City of Southlake Construction Project Management Services for the Fuel Farm Water Main Extension WORK A UTHORIZA TION 2020-01 SUPPLEMENTAL AUTORIZATION — No. 2 This Scope of Services is associated with a Master Services Agreement outlining Interim General Engineering Services for the City of Southlake, TX. The Engineer will perform the scope of services to the 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. The Scope of Service is as follows: ENGINEER will provide personnel and supervision of staff to perform the tasks outlined in this Scope of Services in accordance with the terms set forth in this Agreement. BASIC SERVICES: ENGINEER shall render the following professional services in connection with the Fuel Farm Water Main Extension ("project"): Provide Construction Management Services and operate as an extension of the CITY'S staff with respect to the project. To that end, ENGINEER shall represent and promote the interests of the CITY throughout all phases of the CITY'S activities and shall, when requested by the CITY, support the CITY in its dealings with contractors and suppliers, engineers and other consultants, the property owners and representatives in the Fuel Farm area. ENGINEER shall provide Construction Management Services for the project. A. CONSTRUCTION PHASE: ENGINEER will endeavor to provide 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. Engineering Services Agreement City of Southlake 76092-1003 1. Attend with the CITY a pre -construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract. MJCE will take meeting notes at the pre -construction meeting and circulate meeting minutes to all parties. 2. Establish communication procedures with the CITY and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, construction schedule, shop drawings and record data progress and pending/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. Assist the CITY and in the review of contractor's submittals, including, requests for information, modification requests, schedules, and other submittals in accordance with the requirements of the construction contract documents for the project. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Make site visits (bi-weekly at a minimum) to monitor active construction progress and the quality of work 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 the CITY. 5. Notify the CITY 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. 6. Assist the CITY to interpret the drawings and specifications for the Contractor. Investigations, analyses, and studies requested by the Contractor and approved by CITY, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 7. Establish procedures for administering 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. Review submitted 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. Engineering Services Agreement City of Southlake 76092-1003 8. 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 based on 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. 9. Attend with the CITY construction progress meetings and assist the CITY with the meeting agenda, notes taken during the meeting and develop circulation of meeting minutes for each progress meeting. 10. 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, and spare parts from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor. 11. Coordinate the project close-out process with the CITY and the Contractor. CITY RESPONSIBILITIES 1. The CITY will provide daily inspection services to monitor construction progress as required in accordance with the project plans & specifications. The CITY on -site inspector will provide documentation on a weekly basis to include: a. Daily work conditions including temperature, weather, etc. b. Area where construction work is occurring on the PROJECT c. Progress of the contractor to include quantities and stationing of work completed 2. The CITY will provide updates to the ENGINEER of any modifications in the project resulting in construction changes or schedule. B. ADDITIONAL SERVICES: Additional Services may be provided by ENGINEER, if authorized by CITY, which are not included in the above described basic services, are described as follows: 1. Furnishing the services of a Resident Project Inspector to act as the CITY'S on -site representative during the Construction Phase. The Resident Project Inspector will act as directed by ENGINEER 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, ENGINEER shall endeavor to provide further protection for CITY against defects and deficiencies in the work. Furnishing the Engineering Services Agreement City of Southlake 76092-1003 services of a Resident Project Inspector is subject to an amendment to this agreement approved by the CITY. 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 project schedule. The project is scheduled to be completed in 150 Working Days from the Notice to Proceed date. ANTICIPATED BUDGET Under the Master Services Agreement with the City of Southlake, this Work Authorization will be performed on an hourly basis with a not to exceed contract amount. Estimated services for this effort are provided below: SUPPLEMENTAL AUTHORIZATION #1 The contractor's original schedule was not met resulting in a longer construction period than anticipated. The continued effort required is outlined in the proposed budget to provide the same services through the current estimated completion time. The original contract schedule called for completion in November 2020. The current schedule will provide for the contractor to complete work in May 2021 without further delays. SUPPLEMENTAL AUTHORIZATION #2 The contractor's revised schedule was not met resulting in a longer construction period than anticipated. Delays have occurred due to significant weather episodes. Additional coordination continues to be required working with property owners to provide additional construction in coordination with their facilities, additional quantities, and to aid in complying with city requirements. Availability of construction materials has further delayed construction. Additional delays have required additional site visits and action by the Engineer to coordinate with the contractor and the property owners for construction of the pipeline and connections to the new water main. The revised schedule is planned for completion of the project by Q4 of FY-22 without further delays. The Engineer agrees to provide the same services as the original agreement through the revised completion schedule and to participate in the final inspection and close-out of the construction contract. CM Site Visits Site visits to observe construction & discuss with City Inspector Est 50 site visits (2/week @ 3 Hrs) - 25 weeks (Contractor Schedule) $33,750 Bi-Weekly Progress Meetings (12 @ 1 Hr)(Combine with Site Visit) $ 2,700 Mileage (54 visits @ 100 Miles Round Trip - $0.575/mi.) $ 3,105 Additional meetings to address specific concerns (Est. 4 @ 3 Hrs.) $ 2,700 Engineering Services Agreement City of Southlake 76092-1003 Review Contractor Pay Request & Quantities — Prepare Progress Report (6 months @ 2 Hrs Each) 2,700 Total Authorized Budget (Not to Exceed) $ 44,955 SUPPLEMENTAL AUTHORIZATION — No. 1 Est 4 added site visits (as needed thru May) — (Revised Sched) $ 2,700 Additional Meetings including Final Inspection (6 Hrs Total) $ 1,350 Review Contractor Pay Request & Quantities (3 Months — 6 Hrs) $ 900 Total Authorized Supplemental No. 1 Budget (Not to Exceed) $ 4,950 SUPPLEMENTAL AUTHORIZATION — No. 2 Est 8 added site visits (as needed thru Project Completion) — (Rev Sched) $ 5,400 Additional Meetings — Coord with Property Owners — (8 Hrs Total) $ 1,350 Review Contractor Pay Request & Quantities including final pay totals 900 Total Authorized Supplemental No. 2 Budget (Not to Exceed) $ 7,650 Billings will be based on actual hours spent performing the above services. SCHEDULE The Engineer will commence with this work immediately as authorized by the town to proceed. WORK AUTHORIZATION — SUPPLEMENTAL AUTHORIZATION — No. 2 The signature below authorizes Engineer to proceed the professional services outlined in this scope (WA 2020-01) — specifically for SUPPLEMENTA AUTHORIZATION No. 2 Authorized Signatory / Position Date Engineering Services Agreement City of Southlake 76092-1003 Attachment B ORIGINAL DOCUMENT CITY OF SOUTl ILAKE Council Action: Y0 AGREEMENT FOR ENGINEERING SERVICES Ord,/Res, No. Date Approved —1 THIS AGREEMENT is made this day of 2020 by and between the City of Southlake, Texas (hereinafter referred to as " ITY"), and McManus & Johnson Consulting Engineers, LLC (hereinafter referred to as "ENGINEER"). WHEREAS, CITY contemplates the need for construction project management services related to the Fuel Farm Water Main Extension. This project is to be known as the Fuel Farm Water Main Extension 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 wilting 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. Paoe I 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. 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 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. 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 in an amount not to exceed of $44,955 for Construction Management Services 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 Exhibit 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, 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; 3. Preparation of environmental impact assessments or statements for any governmental agency; Paae 5 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 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: 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: Bob Johnson, P.E. Principal McManus & Johnson Consulting Engineers, LLC 77 FM 3356 Van Alstyne, Texas 75495 Phone: 469-209-6523 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: '�WBy: Shana Yelvert City Manager 0 Page 9 ENGINEER: MCMANUS & JOHNSON CONSULTING ENGINEERS, LLC Bob Johnson, P.E., Principal THE STATE OF TEXAS § COUNTY OF a § Before me on this day personally appeared 6h )o6Noo), known to me [or proved to me on the oath of or through C 1 (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 1h of N\r-l�n�^,t,�s '. ,�0� ✓1��tsv (r, and acknowledged to m that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of UAV, A.D. 0 � . (SEAL) Notary Public, State of Texas ANNIFER GOULD Notary's Name Printed Sa Notary Publir,. State of Texas =;`!"1•+. Comm. Erp fas 03-28-2022 W. Notary ID 12II22085-1 Page 10 Attachment A Scope of Services City of Southlake Construction Project Management Services for the Fuel Farm Water Main Extension WORK AUTHORIZATION 2020-01 This Scope of Services is associated with a Master Services Agreement outlining Interim General Engineering Services for the City of Southlake, TX. The Engineer will perform the scope of services to the 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. The Scope of Service is as follows: ENGINEER will provide personnel and supervision of staff to perform the tasks outlined in this Scope of Services in accordance with the terms set forth in this Agreement. BASIC SERVICES: ENGINEER shall render the following professional services in connection with the Fuel Farm Water Main Extension ("project"): Provide Construction Management Services and operate as an extension of the CITY'S staff with respect to the project. To that end, ENGINEER shall represent and promote the interests of the CITY throughout all phases of the CITY'S activities and shall, when requested by the CITY, support the CITY in its dealings with contractors and suppliers, engineers and other consultants, the property owners and representatives in the Fuel Farm area. ENGINEER shall provide Construction Management Services for the project. A. CONSTRUCTION PHASE: ENGINEER will endeavor to provide 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. Engineering Services Agreement City of Southlake 76092-1003 Attend with the CITY a pre -construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract. MJCE will take meeting notes at the pre -construction meeting and circulate meeting minutes to all parties. 2. Establish communication procedures with the CITY and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, construction schedule, shop drawings and record data progress and pending/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. Assist the CITY and in the review of contractor's submittals, including, requests for information, modification requests, schedules, and other submittals in accordance with the requirements of the construction contract documents for the project. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Make site visits (bi-weekly at a minimum) to monitor active construction progress and the quality of work 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 the CITY. 5. Notify the CITY 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. 6. Assist the CITY to interpret the drawings and specifications for the Contractor. Investigations, analyses, and studies requested by the Contractor and approved by CITY, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. Establish procedures for administering 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. Review submitted 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. Engineering Services Agreement City of Southlake 76092-1003 8. 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 based on 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. 9. Attend with the CITY construction progress meetings and assist the CITY with the meeting agenda, notes taken during the meeting and develop circulation of meeting minutes for each progress meeting. 10. 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, and spare parts from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor. 11. Coordinate the project close-out process with the CITY and the Contractor. CITY RESPONSIBILITIES The CITY will provide daily inspection services to monitor construction progress as required in accordance with the project plans & specifications. The CITY on -site inspector will provide documentation on a weekly basis to include: a. Daily work conditions including temperature, weather, etc. b. Area where construction work is occurring on the PROJECT c. Progress of the contractor to include quantities and stationing of work completed 2. The CITY will provide updates to the ENGINEER of any modifications in the project resulting in construction changes or schedule. B. ADDITIONAL SERVICES: Additional Services may be provided by ENGINEER, if authorized by CITY, which are not included in the above described basic services, are described as follows: Furnishing the services of a Resident Project Inspector to act as the CITY'S on -site representative during the Construction Phase. The Resident Project Inspector will act as directed by ENGINEER 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, ENGINEER shall endeavor to provide further protection for CITY against defects and deficiencies in the work. Furnishing the Engineering Services Agreement City of Southlake 76092-1003 services of a Resident Project Inspector is subject to an amendment to this agreement approved by the CITY. 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 project schedule. The project is scheduled to be completed in 150 Working Days from the Notice to Proceed date. ANTICIPATED BUDGET Under the Master Services Agreement with the City of Southlake, this Work Authorization will be performed on an hourly basis with a not to exceed contract amount. Estimated services for this effort are provided below: CM Site Visits Site visits to observe construction & discuss with City Inspector Est 50 site visits (2/week @ 3 Hrs) - 25 weeks (Contractor Schedule) $33,750 Bi-Weekly Progress Meetings (12 @ 1 Hr)(Combine with Site Visit) $ 2,700 Mileage (54 visits @ 100 Miles Round Trip - $0.575/mi.) $ 3,105 Additional meetings to address specific concerns (Est. 4 @ 3 Hrs.) $ 2,700 Review Contractor Pay Request & Quantities — Prepare Progress Report (6 months @ 2 Hrs Each) $ 2,700 Total Authorized Budget (Not to Exceed) $ 44,955 Billings will be based on actual hours spent performing the above services. SCHEDULE The Engineer will commence with this work immediately as authorized by the town to proceed. WORK AUTHORIZATION The signature below authorizes Engineer to proceed the professional services outline in this scope (WA 2020-01): Authorized Signatory / Position Date Engineering Services Agreement City of Southlake 76092.1003 Attachment C Scope of Services City of Southlake Construction Project Management Services for the Fuel Farm Water Main Extension WORK AUTHORIZATION 2020-01 SUPPLEMENTAL AUTORIZATION — 2021-04-01 This Scope of Services is associated with a Master Services Agreement outlining Interim General Engineering Services for the City of Southlake, TX. The Engineer will perform the scope of services to the 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. The Scope of Service is as follows: ENGINEER will provide personnel and supervision of staff to perform the tasks outlined in this Scope of Services in accordance with the terms set forth in this Agreement. BASIC SERVICES: ENGINEER shall render the following professional services in connection with the Fuel Farm Water Main Extension ("project"): Provide Construction Management Services and operate as an extension of the CITY'S staff with respect to the project. To that end, ENGINEER shall represent and promote the interests of the CITY throughout all phases of the CITY'S activities and shall, when requested by the CITY, support the CITY in its dealings with contractors and suppliers, engineers and other consultants, the property owners and representatives in the Fuel Farm area. ENGINEER shall provide Construction Management Services for the project. A. CONSTRUCTION PHASE: ENGINEER will endeavor to provide 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. Engineering Services Agreement City of Southlake 76092-1003 Attend with the CITY a pre -construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract. MJCE will take meeting notes at the pre -construction meeting and circulate meeting minutes to all parties. 2. Establish communication procedures with the CITY and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, construction schedule, shop drawings and record data progress and pending/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. Assist the CITY and in the review of contractor's submittals, including, requests for information, modification requests, schedules, and other submittals in accordance with the requirements of the construction contract documents for the project. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. Make site visits (bi-weekly at a minimum) to monitor active construction progress and the quality of work 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 the CITY. 5. Notify the CITY 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. 6. Assist the CITY to interpret the drawings and specifications for the Contractor. Investigations, analyses, and studies requested by the Contractor and approved by CITY, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 7. Establish procedures for administering 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. Review submitted 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. Engineering Services Agreement City of Southlake 76092-1003 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 based on 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. Attend with the CITY construction progress meetings and assist the CITY with the meeting agenda, notes taken during the meeting and develop circulation of meeting minutes for each progress meeting. 10. 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, and spare parts from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor. 11. Coordinate the project close-out process with the CITY and the Contractor. CITY RESPONSIBILITIES The CITY will provide daily inspection services to monitor construction progress as required in accordance with the project plans & specifications. The CITY on -site inspector will provide documentation on a weekly basis to include: a. Daily work conditions including temperature, weather, etc. b. Area where construction work is occurring on the PROJECT c. Progress of the contractor to include quantities and stationing of work completed The CITY will provide updates to the ENGINEER of any modifications in the project resulting in construction changes or schedule. B. ADDITIONAL SERVICES: Additional Services may be provided by ENGINEER, if authorized by CITY, which are not included in the above described basic services, are described as follows: Furnishing the services of a Resident Project Inspector to act as the CITY'S on -site representative during the Construction Phase. The Resident Project Inspector will act as directed by ENGINEER 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, ENGINEER shall endeavor to provide further protection for CITY against defects and deficiencies in the work. Furnishing the Engineering Services Agreement City of Southlake 76092-1003 services of a Resident Project Inspector is subject to an amendment to this agreement approved by the CITY. 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 project schedule. The project is scheduled to be completed in 150 Working Days from the Notice to Proceed date. ANTICIPATED BUDGET Under the Master Services Agreement with the City of Southlake, this Work Authorization will be performed on an hourly basis with a not to exceed contract amount. Estimated services for this effort are provided below: SUPPLEMENTAL AUTHORIZATION 2021-04-01 The contractor's original schedule was not met resulting in a longer construction period than anticipated. The continued effort required is outlined in the proposed budget to provide the same services through the current estimated completion time. The original contract schedule called for completion in November 2020. The current schedule will provide for the contractor to complete work in May 2021 without further delays. CM Site Visits Site visits to observe construction & discuss with City Inspector Est 50 site visits (2/week @ 3 Hrs) - 25 weeks (Contractor Schedule) Bi-Weekly Progress Meetings (12 @ 1 Hr)(Combine with Site Visit) Mileage (54 visits @ 100 Miles Round Trip - $0.575/mi.) Additional meetings to address specific concerns (Est. 4 @ 3 Hrs.) Review Contractor Pay Request & Quantities — Prepare Progress Report (6 months @ 2 Hrs Each) Total Authorized Budget (Not to Exceed) SUPPLEMENTAL AUTHORIZATION — 2021-04-01 Est 4 added site visits (as needed thru May) — (Revised Sched) Additional Meetings including Final Inspection (6 Hrs Total) Review Contractor Pay Request & Quantities (3 Months — 6 Hrs) Total Authorized Supplemental Budget (Not to Exceed) Billings will be based on actual hours spent performing the above services. SCHEDULE Engineering Services Agreement City of Southlake 76092-1003 $33,750 $ 2,700 $ 3,105 $ 2,700 2,700 $ 44,955 $ 2,700 $ 1,350 $ 900 $ 4,950 The Engineer will commence with this work immediately as authorized by the town to proceed. ire bel uthorizes Engineer to proceed the professional services outline in (WA 020 01) — specifically for this SUPPLEMENTA AUTHORIZATION — Authorized Signatory / Position Engineering Services Agreement City of Southlake 76092-1003 Dat