Loading...
Item 4O - MemoItem 4O 1 M E M O R A N D U M (December 6, 2022) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Item 4O: Approve an engineering services agreement (ESA) with Baird Hampton & Brown (BHB) to provide engineering design services for an 8-inch Water main extension at Southlake Park Addition Phase 2 in an amount not to exceed $110,000. Action Requested: Approve an engineering services agreement (ESA) with Baird Hampton & Brown (BHB) to provide engineering design services for an 8-inch Water main extension at Southlake Park Addition Phase 2 in an amount not to exceed $110,000. Background Information: The purpose of this item is to approve an ESA with BHB to improve fire flow protection in Southlake Park Addition Phase 2 in an amount not to exceed $110,000. This agreement advances progress toward improving fire flow protection in Southlake Park Addition’s subdivision by extending a water main, in accordance with City Council’s direction in FY 2022. This project is a two phased effort to improve the fire flow protection. The Phase 1 water main extension was constructed in November, which improves the fire flow protection on the west side of the neighborhood. This item is Phase 2 which is the subsequent effort to improve the fire flow protection on the east side of the neighborhood. The engineering scope came in at $98,770 which includes turn-key design services, surveying, subsurface utility exploration, preliminary and final design. Staff is requesting authorization for a total of $110,000, which includes a $11,230 contingency for unforeseen field conditions. If approved, survey and design should be completed in winter and construction is estimated to commence winter/spring. Financial Considerations: Funding for these agreements are budgeted as part of the approved FY 2023 Capital Improvement Program. This agreement is within the project budget. Item 4O 2 Strategic Link: These items link to the City’s Strategy Map strategic focus areas of Infrastructure. It specifically relates to the City’s Corporate Objectives, F2: Invest To Provide & Maintain High Quality Public Assets. Citizen Input/ Board Review: While no formal citizen input has been solicited on this agreement, staff is working closely with the board and residents in the area to keep them informed of the project progress. Legal Review: The proposed agreements are standard agreements that the City Attorney have reviewed and approved. Alternatives: The City Council may approve or deny these agreements. Staff Recommendation: Approve an engineering services agreement (ESA) with Baird Hampton & Brown (BHB) to provide engineering design services for an 8-inch Water main extension at Southlake Park Addition Phase 2 in an amount not to exceed $110,000. Supporting Documents: Attachment A: Engineering Services Agreement Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., City Engineer November 15, 2022 Kevin Ferrer, PE, CFM, City Engineer Public Works Administration City of Southlake 1400 Main Street, Ste. 320 Southlake, TX 76092 RE: SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS PH 2 Mr. Ferrer: We are pleased to be selected to assist the City of Southlake with professional land surveying and civil engineering services for the referenced project. Baird, Hampton & Brown has extensive experience with municipal infrastructure, and we are confident we can assist you in a timely and responsible manner. In the following pages we’ve summarized the project scope of work, our opinion of probable cost, and anticipated project schedule. Also enclosed is the Professional Services Agreement, which includes the Scope of Services and Fee Summary, Estimate of Probable Cost, and Project Schedule. We appreciate the opportunity to submit this proposal and look forward to working with you. Sincerely, BAIRD, HAMPTON & BROWN Konstantine Bakintas, PE Principal, Sr. Civil Engineer Enclosure: Project Summary, Budgetary OPC, Schedule, and Fee Estimate Task Description and Estimated Hours of Effort Engineering Services Agreement Attachment A Exhibits A-D ATTACHMENT A November 15, 2022 | Page 2 City of Southlake Southlake Park Addition Water System Improvements Phase 2 Project Summary Scope of Work: The City of Southlake is responsible for providing adequate fire protection water to the Southlake Park Addition. However, recent fire hydrant flow tests indicate that the existing hydrants are unable to maintain the required flows and pressures. Therefore, an initial (emergency) project was proposed, extending an 8-inch water line approximately 350-ft along Woodland Drive, from Briar Lane to Crescent Drive, and approximately 250-ft west and along Crescent Drive. Phase 2 is now to follow, extending the Phase 1 improvements to provide more complete fire water coverage. Phase 2 will extend the proposed water line along Southlake Park Road (2A), or further down Woodland Drive and Southlake Park Road (2B). Please refer to the enclosed phasing exhibit. Our proposed efforts for Phase 2 will provide for a detailed topographic survey and subsurface utility engineering along Southlake Park Road, Woodland Drive, and Crescent Drive, evaluation of two conceptual alternatives for the Phase 2 improvements based on cost and timing of construction (Phase 2A versus 2B), and complete construction plans and details for the City’s preferred option. Services not included in the above outlined scope of work for Phase 2 consist of, but are not limited to, a project manual, a water line profile, revisions to substantially complete plans, bid solicitation, and multiple design and/or review meetings. Construction support services will be provided on an as-needed basis. Engineer’s Opinion of Probable Construction Cost: Without the benefit of a survey, we prepared a budgetary Opinion of Probable Construction Cost (OPCC); see Exhibit B. This estimate will be refined as the project moves through each phase of design. Project Schedule: An estimated project schedule is outlined below. This schedule was prepared with assumptions regarding the timeliness of city reviews, and is summarized as follows: Phase 2: Pre-Engineering & Surveying 40 Working Days Concept Report 20 Final Construction Plans 20 Bid, Award, & Contract --- Construction 60 Total Project Schedule 140 Days Professional Services Fee Estimate: We propose to provide the above-described scope of work for a total estimated professional and special services fee of $99K. See Exhibit B. November 15, 2022 | Page 3 Phase 2 - Water Line Extension Woodland Drive & Southlake Park Road Estimated Level of Effort Ph 2.xlsx BHB Engineering & Survyeing 4550 SH 360, Ste. 180, Grapevine, TX 76051 Tel 817-251-8550,www.bhbinc.com 11/15/2022 . Project Project Project Engineering Project Survey Survey Direct Director Manager Engineer CADD/Tech Surveyor Field Crew CADD/Tech Clerical Costs Amount (Hrs)(Hrs)(Hrs)(Hrs)(Hrs)(Hrs)(Hrs)(Hrs)($)($) $285/hr $190/hr $135/hr $70/hr $190/hr $205/hr $90/hr $65/hr Surveying Services - Southlake Park Addition 21,450$ Topographic Surveying 2 2 12 40 40 14,490 Alignment, ROW Mapping 2 8 8 8 4,150 Set Project Control Points 4 4 6 6 2,810 Subtotal =0 0 4 6 24 54 54 0 0 Concept Design Report - Phase 2 19,410$ Review Record Drawings & Visit Site 4 4 4 25 1,605 Alternative Analysis for Phase 2 Options 2 12 16 32 7,250 Prepare Water Line Drawings 4 12 24 4,060 Opinion of Probable Constr. Cost 1 2 6 12 2,315 Prepare and Submit Concept Report 1 4 8 16 2 75 3,450 Concept Plans Review Conference 2 2 1 15 730 Subtotal =4 28 48 88 0 0 0 3 115 Final Plans & Estimates - Phase 2 15,860$ Revise Plans & Incorporate Comments 2 6 8 1,750 Project Geometric Layout & Control 1 6 16 24 5,265 Water Line Plans 1 4 12 32 4,905 Details & Erosion Control 2 4 8 1,480 Opinion of Probable Constr. Cost 1 4 6 1,150 Submital & Review Meetings 2 2 2 1 25 1,310 Subtotal =4 17 44 78 0 0 0 1 25 Limited Construction Administration Services - Phase 2 4,550 Pre-Con Mtg. & Final Inspection 2 4 8 2,410 Prepare Record Drawings & CAD Files 2 4 16 100 2,140 Subtotal =2 6 12 16 0 0 0 0 100 Total for Professional Services Phase 2 10 51 108 188 24 54 54 4 240 61,270$ Additional Special Services - Phase 2 37,500 Subsurface Utility Engineering (Level A & B)2 6 12 30,360 32,390 Sub. Review & Conflict Resolution (Hourly)2 8 12 20 5,110 Subtotal =2 10 18 32 0 0 0 0 30,360 Total for Professional & Additional Special Services PHASE 2 98,770$ Item / Task Description PROFESSIONAL SERVICES FEES: Item / Task Description & Estimated Man-Hour Effort Southlake Park Fire Protection Water Line Improvements Ph 2 Southlake Park Rd & Woodland Dr - ±1,200 LF November 15, 2022 BHB No. 2019.718.000 Baird, Hampton & Brown 3801 William D. Tate, Suite 500 Grapevine, TX 76051 Tel 817-251-8550, www.bhbinc.com 11/15/2022 Item No.Item Description Unit Unit Price Quantity Amount Quantity Amount 1 Project sign EA 1,250$ 3 3,750$ 3 3,750$ 2 Implement and Maintain Erosion Control MO 3,000$ 3 9,000$ 3 9,000$ 3 Implement and Maintain Traffic Control MO 3,500$ 3 10,500$ 3 10,500$ 4 Perform Misc. Utility Adjustments Allowance 25,000$ 1 25,000$ 1 25,000$ 5 Connect Proposed 8" Water to Exist. 6"-8" Water EA 1,500$ 1 1,500$ 1 1,500$ 6 8" C900 SDR-18 Water Pipe by Open Trench LF 75$ 1025 76,875$ 1100 82,500$ 7 8" C900 SDR-18 Water Pipe by Trenchless Method LF 275$ 200 55,000$ 100 27,500$ 8 6" Gate Valve w/ Box & Lid EA 1,800$ 2 3,600$ 1 1,800$ 9 8" Gate Valve w/ Box & Lid EA 2,200$ 2 4,400$ 2 4,400$ 10 8" Double Check & Valve Assembly in Vault EA 47,500$ 1 47,500$ 1 47,500$ 11 Fire Hydrant Assembly EA 4,500$ 2 9,000$ 1 4,500$ 12 C.I./D.I. Fittings TON 8,800$ 2 17,600$ 2 17,600$ 13 Trench Safety (>5' Depth)LF 5$ 1025 5,125$ 1100 5,500$ 14 Remove & Reconstruct Gravel Driveway LF 50$ 70 3,500$ 160 8,000$ 15 Flex Base for Misc. Placement as Directed CY 150$ 20 3,000$ 10 1,500$ 16 Solid Sod for Disturbed (Open Cut) Areas SY 8$ 1140 9,120$ 1230 9,840$ 17 Remove, Salvage & Reinstall, or Replace Mailbox EA 475$ 6 2,850$ 2 950$ 18 Safety End Treatment at Driveway Culvert EA 1,200$ 4 4,800$ 0 -$ Subtotal =292,120$ 261,340$ Contingency =25%73,880$ 25%65,660$ Construction Total for Water System Improvements =366,000$ 327,000$ 8-Inch X 1,225-Feet 8-Inch X 1,200-Feet PHASE 2A PHASE 2B Engineer's Budgetary OPINION OF PROBABLE CONSTRUCTION COST SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS November 15, 2022 Phase 2A/B - Southlake Park Drive Page 1 of 1 Page 1 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this _____ day of ____________, 2022 by and between the City of Southlake, Texas (hereinafter referred to as “CITY”), and Baird, Hampton & Brown, Inc. (hereinafter referred to as “ENGINEER”). WHEREAS, CITY contemplates the need to make water line improvements consisting of: Southlake Park Addition Phase 2 – extending approximately 1,200 LF of 8” water line partially down Southlake Park Dr (2A) OR along Woodland Dr (2B), and is 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 p rofessional 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, and Exhibits A thru D, in accordance with the terms set forth in this Agreement. 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 fo r 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 A greement 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 p arty 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. 10. Provide any other information or assistance as outlined in Attachment B hereto. 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 Article I, the ENGINEER shall be paid on a lump sum basis in the amount of $61,270 for Basic Services, plus $37,500 for Special Services (as outlined in Attachment B) with a total not to exceed cost ceiling of $98,770 as billed monthly by ENGINEER. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for any services and expenses incurred in accordance with the work performed subject to the limits set out in Article III. Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared and correct invoice from ENGINEER. ENGINEER’s invoices shall be accompanied by such records or other written proof as CITY deems necessary to verify the billings. Invoices shall be made to City Finance Department’s office at 1400 Main Street, Suite 440, Southlake, Texas 76092. If CITY fails to make payment due ENGINEER within thirty (30) days of the day when payment for services and expenses is due under the terms of this Agreement, ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the Texas Government Code. V. ARTICLE ADDITIONAL ENGINEERING SERVICES In addition to performing the engineering services set out in Article I, hereof, ENGINEER agrees to perform additional services as requested by CITY from time to time and CITY agrees to compensate ENGINEER for such services in accordance with ENGINEER’s standard hourly fee and expenses (see Attachment B) for actual time expended and actual out-of-pocket sums expended, such services to be one or more of the following: 1. Make or prepare detailed description of sites, 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 Page 6 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 - $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 8 this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has be en 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 by June 2023. 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 If to ENGINEER: Konstantine Bakintas, PE Principal, Sr. Civil Engineer Baird, Hampton & Brown 3801 William D Tate, Suite 500 Page 9 Grapevine, Texas 76051 Phone: (817) 251-8550 Fax: (817) 251-8810 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: _________________________________ John Huffman, Mayor ATTEST: By: _________________________________ City Secretary ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 1 of 13 ATTACHMENT A SCOPE OF WORK BASIC ENGINEERING SERVICES for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake The City of Southlake is responsible for providing adequate fire protection water to the Southlake Park Addition. However, recent fire hydrant flow tests indicate that the existing hydrants are unable to maintain the required flows and pressures. Therefore, an initial (emergency) project was proposed, extending an 8- inch water line approximately 350-ft along Woodland Drive, from Briar Lane to Crescent Drive, and approximately 250-ft west and along Crescent Drive. Phase 2 is now to follow, extending the Phase 1 improvements to provide more complete fire water coverage. Phase 2 will extend the proposed water line along Southlake Park Road (2A), OR further down Woodland Drive and Southlake Park Road (2B). Please refer to the enclosed phasing exhibit. Our proposed efforts for Phase 2 will provide for a detailed topographic survey and subsurface utility engineering along Southlake Park Road, Woodland Drive, and Crescent Drive, evaluation of two conceptual alternatives for the Phase 2 improvements based on cost and timing of construction (Phase 2A versus 2B), and complete construction plans and details for the City’s preferred option (2A or 2B). Construction must be expedited therefore Phase 2 includes provisions for a concept and final submittal, forgoing a preliminary plans submittal. The scope of work for BASIC Engineering Services involves Project Plans, and Estimates for the above- described water distribution system improvements. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY’s staff during the Concept Design (30%) and Final Plan (100%) phases of the PROJECT. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT’s design. 2. Supervision of Subconsultants ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 2 of 13 The ENGINEER will establish a work program and schedule for each subconsultant, if any, at the beginning of each phase/section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data obtained from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. Texas 811 (One Call / DigTess) will be notified prior to beginning the sur vey. Utilities identified by paint or pin flags on the ground will be included in the survey data collected. 3. A location map/schematic will be provided with the Concept Report to the affected utility companies. These plans will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the PROJECT. 4. The ENGINEER will solicit Record/As-Built Drawings and/or future plans for the following facilities in the PROJECT area : i. Roadways ii. Water Lines iii. Sanitary Sewer Lines iv. Storm Drain Lines v. Telephone Underground and/or Overhead Lines vi. Electric Underground and/or Overhead Lines vii. Natural Gas Lines 5. The ENGINEER will identify potential utility conflicts and provide this information to utility companies at the Preliminary Plans phase. II. SURVEYING A. Establish Survey Control Establish survey control along the project alignments as necessary. These control points will be established based on and tied to established CITY horizontal and vertical control points. The horizontal control for the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation, if a vailable. Control points will be established using GPS and/or conventional surveying methods. B. Surveying for Engineering Design ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 3 of 13 Perform necessary surveying operations for the complete design of the project as outlined in this Scope of Services. Surveying shall include the following: a. Locate Public ROW or easement and topographically survey visible surface features within the ROW of the alignment or easement. Locate property corners sufficient to determine location of ROW or easement and any platted easements that are within or crossing the project limits. b. Topographic survey will include: 1. Concrete flat work 2. Pavement (street and driveway) 3. Lead walks and mail boxes 4. Utility poles & sign posts 5. Water valve box lids 6. Manhole lids & flowlines 7. Fire hydrants 8. Trees (4-inches and larger) 9. Fences / walls / decks 10. Marked utilities c. Record elevation data at visible break lines and at a minimum of every 50 feet; and provide 1-ft elevation cont ours as may be appropriate. C. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the limits of the PROJECT will be surveyed as noted above. The location of utilities between above ground features will be determined from visual inspection, utility records, and/or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. These efforts equate to a Subsurface Utility Engineering (SUE) Quality Level D & C, and shall be performed in accordance with CI/ASCE 38-02. II. CONCEPT DESIGN PLANS A. Utility Line 1. Existing and proposed water line layouts, dimensions and other pertinent information will be presented over the topographic survey and aerial photographs. 2. Existing Right-of-Way and Easements will be noted, and proposed Water Line Easements identified. 3. Schematic design of all proposed public water lines and appurtenances will be described, and both Phase 2 options will be evaluated for feasibility. B. Quantities and Opinion of Probable Cost (OPC) ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 4 of 13 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. C. Submit Concept Report for Review 1. Submit electronic and (2) printed sets of the concept plans for CITY review. III. PLANS, SPECS & ESTIMATES A. Prepare Final (95%) Design Plans 1. Incorporate CITY review comments and directives from the Preliminary Design Plans submittal. 2. Complete water plans & profiles (as needed) 3. Prepare construction details 4. Prepare project manual (specification and contract documents) 5. Update quantities and OPC 6. Submit electronic and two (2) printed half-size plans for CITY review 7. Attend project review meeting with CITY B. Prepare Final Bid Documents 1. Incorporate CITY review comments and directives from the Final (95%) Design Plans. 2. Provide final plans and cost estimates 3. Submit electronic and two (2) sets of final bid documents for CITY approval and bidding. IV. CONSTRUCTION PHASE A. Conduct, in company with the Contractor and the CITY, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. B. Prepare Record Drawings, with the assistance of the CITY's Resident PROJECT Representative, to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit one (1) printed sets of Record Drawings and one set of electronic files in pdf format, to the CITY. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 5 of 13 SPECIAL SERVICES for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake The scope of work for SPECIAL Engineering Services involves providing the necessary Topographic Surveying for the engineering design of the sewer line improvements. The scope of work for the Special Engineering Services is more generally described as follows: I. SURVEYING A. Sub-Surface Utility Engineering: Quality Level A&B SUE will be performed to locate gas, telecommunications, electric, traffic signal, storm, water, and sanitary sewer utilities. II. LIMITED CONSTRUCTION ADMINISTRATION A. Represent the CITY in the non-resident administration of the PROJECT, as requested. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve periodic, exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders, if required. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. III. Other Engineering Services A. Assist with property owner meetings to inform affected property owners; if requested. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 6 of 13 HOURLY AND/OR ADDITIONAL ENGINEERING SERVICES for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake I. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. HOURLY and/or ADDITIONAL Engineering services in connection with the PROJECT and described above, and including services which are to be furnished on an hourly basis or by the CITY, and services not otherwise provided for in this Agreement , will be provided at the following rates: ENGINEERING & LANDSCAPE ARCHITECTURE LAND SURVEYING SERVICES Engineering & Management, Principal/VP $ 285.00 /hr Surveying & Management, Principal/VP $ 285.00 /hr Project Management $ 190.00 /hr Surveying Services, Senior RPLS $ 190.00 /hr Engineering Services, Senior PE $ 190.00 /hr Surveying Services, RPLS $ 145.00 /hr Engineering Services - PE $ 135.00 /hr Surveying Services, Senior Tech. $ 135.00 /hr Engineering Services - EIT $ 100.00 /hr CAD/Technical Survey Services $ 90.00 /hr Design Services, Senior Designer $ 135.00 /hr Land Surveying Research $ 90.00 /hr Design Services by Designer $ 100.00 /hr Field Surveying - 1 Person Crew $ 175.00 /hr CAD/Drafting Services $ 70.00 /hr Field Surveying - 2 Person Crew $ 205.00 /hr Landscape Architectural Services - LA $ 135.00 /hr Construction Staking – 2 Person $ 225.00 /hr Landscape Architect Intern $ 90.00 /hr GIS Technical Services $ 90.00 /hr Clerical Services $ 65.00 /hr ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 7 of 13 CITY PROVIDED INFORMATION/SERVICES for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available Record Drawings for existing streets and drainage facilities, if available. III. Provide any available Record Drawings for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from local franchise utility companies. V. Provide standard details in digital format. VI. Assist the ENGINEER by coordinating with the franchise utility companies and addressing potential conflicts prior to construction. VII. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, if/when required. VIII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 8 of 13 EXHIBIT A PROJECT LOCATION MAP for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 9 of 13 EXHIBIT B OPINION OF PROBABLE CONSTRUCTION COST for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake OPINION OF PROBABLE COST From a budgetary perspective, and without the benefi t a survey, we’ve prepared an Opinion of Probable Construction Cost. This estimate will be refined as the project moves forward to the Concept Report and Final Plans phases. Phase 2A Water Line Improvements (1,225 LF) $366,000 OR Phase 2B Water Line Improvements (1,200 LF) $327,000 Note: These Opinions of Probable Construction Cost do not include easement acquisition. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 10 of 13 EXHBIT C PROJECT SCHEDULE for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake PROJECT SCHEDULE A detailed Project Schedule, which includes surveying, engineering, bidding and construction, has been prepared and enclosed herewith. The schedule has been prepared with assumptions as to the responsiveness of the franchise utility companies and the t imeliness of city reviews. The schedule may be summarized as follows: Phase 2: Surveying & SUE 40 Working Days Concept Report 20 Final Construction Plans 20 Bid, Award, & Contract --- Construction 60 Total Project Schedule 140 Days ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 11 of 13 EXHIBIT D COMPENSATION for SOUTHLAKE PARK ADDITION WATER SYSTEM IMPROVEMENTS Southlake Park Drive City of Southlake I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive, the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER’s office. A. Compensation for the Basic Engineering Service s (Surveying, Concept Report, Plans, & Estimates and limited Construction Support Services) shall be a lump sum fee of Sixty-One Thousand Two Hundred Seventy ($61,270) Dollars. The Design phase portion of the Basic Engineering Services shall be computed at approximately 95% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at approximately 5% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for any requested Assistance, with Neighborhood Meetings or Construction Support Services of the Special Services, shall be due in monthly installments and per the contract hourly billing rates schedule. B. Compensation for Special Engineering and Surveying Services not covered by the Basic Engineering Services provided herein above shall be as follows: Subsurface Utility Engineering $32,390 Submittal Review & Conflict Resolution $5,110 / Hourly Direct Costs (Printing, Reproduction, etc.) Prints, Copies, Travel, Etc. At Cost Plus 10% ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 12 of 13 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: 1. For all of ENGINEER's personnel time applied to the Additional Engineering Services and not itemized above, the following hourly rates shall be used: ENGINEERING & LANDSCAPE ARCHITECTURE Engineering & Management, Principal $ 285.00 /hr Project Management $ 190.00 /hr Engineering Services, Senior PE $ 190.00 /hr Engineering Services - PE $ 135.00 /hr Engineering Services - EIT $ 100.00 /hr Design Services, Senior Designer $ 135.00 /hr Design Services by Designer $ 100.00 /hr CAD/Drafting Services $ 70.00 /hr Landscape Architectural Services - LA $ 135.00 /hr Clerical Services $ 65.00 /hr 2. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. D. Compensation for the Basic Engineering Services (Surveying, Concept Report, Plans, & Estimates and limited Construction Support Services) PLUS an estimated amount for Special Engineering & Surveying Services (on an hourly basis and as needed) shall be a contract Not-to-Exceed Amount of Ninety-Eight Thousand Seven Hundred Seventy ($98,770) Dollars. II. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement, and shall be in proportion to the percent completion of the total work. Invoices will be prepared in a format approved by the CITY; see format on the following page; and are due and payable within 30 days. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD, HAMPTON & BROWN, INC. Southlake Park Addition Water Lines (November 2022) Page 13 of 13 Proposed Invoice Format Contract Percent Amount Previoulsy Amount Due Amount Complete To Date Invoiced This Invoice BASIC SERVICES (fixed fee amount)61,270.00$ 0%-$ -$ 1 Surveying Services - Ph 2 21,450.00 0%-$ -$ 2 Concept Design Report - Ph 2 19,410.00 0%-$ -$ 3 Final Plans & Estimates - Ph 2 15,860.00 0%-$ -$ 4 Limited Constr. Admin. Services - Ph 2 4,550.00 0%-$ -$ SPECIAL SERVICES (Hourly)37,500.00 Subsurface Utility Engineering 32,390.00 Sub. Rev. & Conflict Resolution (Hourly)5,110.00 Total for Professional Services 98,770.00$ Item / Task Description