Item 4E - MemoCITY OF
SOUTHLAKE
MEMORANDUM
May 30, 2025
To: Alison Ortowski, City Manager
From: David J. Miller, Director of Community Services
Item 4E
Subject: Approve an Engineering Services Agreement (ESA) with Baird,
Hampton & Brown (BHB) for engineering services, design, and
construction administration support for the Athletic Fields Turf
Conversion Phase II, in an amount not to exceed $204,562
Action
Requested: Approve an Engineering Services Agreement (ESA) with Baird,
Hampton & Brown (BHB) for engineering services, design, and
construction administration support for the Athletic Fields Turf
Conversion Phase II, in an amount not to exceed $204,562.
Background
Information: The purpose of Item 4E is to seek City Council approval of an
Engineering Services Agreement (ESA) with Baird, Hampton &
Brown (BHB) for engineering services, design, and construction
administration support for the Athletic Fields Turf Conversion Phase
II project, in an amount not to exceed $204,562.
In June 2024, City staff engaged BHB to provide a feasibility,
scoping, and budget study on improvements at Bicentennial Park,
Bob Jones Park, North Park, and the Southlake Sports Complex.
Staff presented the findings of these studies, the project budgets and
the community's needs along with a recommendation that North Park
was the best location for the next phase of work for the Athletic Fields
Turf Conversion project to the City Council. Through the FY 2025
CIP budget process, the City Council gave confirmation of these
findings and direction for staff to proceed on the improvements at
North Park through the adoption of the FY 2025 CIP budget.
The design of the improvements to North Park will include the
conversion of three fields to synthetic turf, improvements to fencing,
drainage, and ADA pathways. The addition of parking to address
overflow needs, and potential upgrades to existing lighting,
irrigation, and practice field grading, the addition of a practice
hitting wall, and supplemental CCTV coverage as project funds
allow.
Page 1 of 3
Alison Ortowski, City Manager
Meeting Date —June 3, 2025
Page 2 of 3
BHB submitted a proposal for design and construction
administration support for this scope for $177,880. The $204,562
not- to- exceed amount authorization includes a 15.0%
design contingency (to be used to address any
unanticipated conditions encountered during design and
construction administration).
Financial
Considerations: Funding for this ESA is included in the Athletic Fields Turf
Conversion Phase I I project fund from the approved FY 2025 Capital
Improvements Program in the SPDC Fund. This fund has a current
balance of $5,716,620.
Strategic Link: This request links to the City's Strategy Map strategic focus areas of
Infrastructure and Development. It specifically relates to the City's
Corporate Objectives of B2: Collaborate with Select Partners to
Implement Service Solutions and F2: Investing to Provide & Maintain
High Quality Public Assets.
Citizen Input/
Board Review: The Southlake Parks Development Corporation (SPDC) Board
approved the expenditure of SPDC funds for this agreement at its
June 3, 2025, meeting.
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 proposal.
Supporting
Documents: Attachment A: Engineering Services Agreement
Staff
Recommendation: Approve an Engineering Services Agreement (ESA) with Baird,
Hampton & Brown (BHB) for engineering services, design, and
construction administration support for the Annual Park
Enhancements — Athletic Fields Turf Conversion Phase II, in an
amount not to exceed $204,562.
Page 2 of 3
Alison Ortowski, City Manager
Meeting Date —June 3, 2025
Page 3 of 3
Staff
Contact: David J. Miller, Director of Community Services
Fince Espinoza, Deputy Director of Community Services
Mamerto A. Estepa, Jr., Project Manager
Page 3 of 3
Engineering Services Agreement with Baird, Hampton & Brown
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 2025 by and
between the City of Southlake, a Texas home rule municipality (hereinafter referred to as
"CITY"), and Baird, Hampton & Brown, Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, CITY contemplates the need for engineering services for the
proposed North Park Turf Improvements Project (hereinafter referred to as the "Project").
WHEREAS, ENGINEER is licensed, qualified, able, and desirous of performing
the necessary engineering work upon which the Project is based and is willing and able
to work with CITY staff to organize and coordinate the professional services necessary to
complete the Project.
WHEREAS, in accordance with Texas Gov't Code Ch. 2254, CITY has determined
that ENGINEER is acceptable to CITY and is the most highly qualified provider of services
for the Project on the basis of demonstrated competence and qualifications; and
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 the scope of basic
services and fee schedule, which is attached hereto as Attachment A 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, which includes, but is not
limited to construction administration services to ensure final completion of the Project
within the established contract time and price, in accordance with the terms set forth in
this Agreement and the construction contract for the Project.
B. Definitions
"Services" refer to the professional services performed by ENGINEER pursuant to
this Agreement.
C. Changes
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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.
D. Coordination with CITY
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics, computations, and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to the
CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from
its responsibilities specified hereunder. Necessary arrangement for access to any site by
ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and
not to any third -party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior written consent
of CITY.
G. Independent Contractor
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details of the
work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made full
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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.
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 or Project to be
constructed. Engineer, shall without additional costs or fee to the CITY, correct or revise
any errors or deficiencies in ENGINEER'S performance.
J. Indemnification
THE ENGINEER SHALL HOLD HARMLESS, DEFEND, AND INDEMNIFY THE
CITY FROM ALL CLAIMS AND LIABILITY FOR DAMAGE ARISING OUT OF OR IN
CONNECTION WITH THIS CONTRACT TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTS FROM AN ERROR, OMISSION, ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE
TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE ENGINEER OR
THE ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER
ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL. THE ENGINEER
SHALL ALSO REIMBURSE THE CITY FOR ANY AND ALL LEGAL COSTS AND
EXPENSES, INCLUDING REASONABLE ATTORNEY FEES WHICH MIGHT BE
INCURRED BY THE CITY IN LITIGATION OR OTHERWISE RESISTING SAID CLAIM
OR LIABILITIES, WHICH MIGHT BE INCURRED BY, CHARGED AGAINST, OR
IMPOSED ON THE CITY AS THE RESULT OF SUCH NEGLIGENT ACTS OR
OMISSIONS BY THE ENGINEER IN PROPORTION TO THE ENGINEER'S LIABILITY.
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.
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ENGINEER further agrees that during the course and scope of this AGREEMENT,
except with CITY'S knowledge and consent, ENGINEER shall not represent any third -
party against the CITY in any claim, litigation, or other matter, or be retained to act as an
expert witness for any third party in any claim, litigation, or any other matter that is, or
may be, adversarial to the CITY, as determined by the CITY.
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. ENGINEER shall provide a list of all subconsultants, subcontractors,
supplier, or any entity over which ENGINEER exercises control on form AIA G05, or a
similar form approved by CITY.
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, except as otherwise provided on Attachment A;
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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;
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services; and
10. Provide any other information or assistance as outlined in Attachment A
hereto.
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be
paid on a lump sum basis in the amount of $117,365.00 for Basic Services, plus
$60,515.00 for Additional Services (as outlined in Attachment B) with a total not to
exceed cost ceiling of $177,880.00 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.
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If CITY fails to make payment due ENGINEER within thirty (30) days of the day
when payment for services and expenses is due under the terms of this Agreement,
ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in
Chapter 2251 of the Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to time
and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee and expenses (see Attachment A) for actual time
expended and actual out-of-pocket sums expended, such services to be one or more of
the following:
1. Make or prepare detailed description of sites, maps, or drawings related
thereto and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection
is not required, in writing, by the CITY; or
6. Other services agreed to by the parties in writing and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
ENGINEER agrees to furnish professional engineering services in accordance
with the terms and conditions of this Agreement (1) with the professional skill and care
ordinarily provided by competent engineers practicing under the same or similar
circumstances and professional license; and (2) as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and
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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.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
All information, documents, and communications relating to this Agreement
may be subject to the Texas Public Information Act ("Act") and any opinion
of the Texas Attorney General or a court of competent jurisdiction relating
to the Act. 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
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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 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.
The "City of Southlake, Texas, and its officers, officials, and employees", shall be
named as an additional insured by endorsement to the general insurance coverage listed
in this Agreement, excluding Workers' Compensation, Employers' Liability, and
Professional Liability (for which a waiver of subrogation is required to be issued in favor
of the CITY), with regard to ENGINEER's activities as required by this Agreement.
ENGINEER shall provide any defense provided by the policy to a named insured. The
coverage shall contain no special limitations on the scope of protection afforded to CITY,
and all premiums arising from the coverage herein shall be the responsibility of
ENGINEER.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed by May
2026. ENGINEER shall employ manpower and other resources, and use professional
skill and diligence to meet the schedule; however, ENGINEER shall not be responsible
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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: Alison Ortowski
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: John Austin Baird, PE
Principal, Sr. Civil Engineer
Baird, Hampton & Brown
3801 William D Tate, Suite 500
Grapevine, Texas 76051
Phone: (817) 251-8550
Fax: (817) 338-9245
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,
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shall not substantially affect the rights or obligations granted to or undertaken by either
party.
XIV. ARTICLE
GOVERNMENTAL FUNCTIONS
The parties hereby acknowledge and agree that CITY is entering into this
Agreement pursuant to its governmental functions and that nothing contained in the
Agreement shall be construed as constituting a waiver of CITY'S governmental immunity
from suit or liability, which is expressly reserved to the extent allowed by
law. Notwithstanding anything to the contrary herein, the parties hereby acknowledge
and agree that to the extent this Agreement is subject to the provisions of Subchapter I
of Texas Local Gov't Code Ch. 271, as amended, the CITY'S immunity from suit is waived
only as set forth in Subchapter I of Texas Local Gov't Code Ch. 271. Further, the parties
agree that this Agreement is made subject to all applicable provisions of the Texas Civil
Practice and Remedies Code, including but not limited to all defenses, limitations, and
exceptions to the limited waiver of immunity from liability provided in Chapter 101 and
Chapter 75 of the Texas Civil Practice and Remedies Code.
XV. ARTICLE
EMPLOYEE VERIFICATIONS/DEBARMENT
To the extent allowed by Texas law, ENGINEER shall verify that a criminal
background check has been performed on all of its employees working on the Project.
Verification should show clearance of county, federal, and national criminal records and
of sex offender records for each employee. No employee will be permitted to work on the
Project if the employee has a criminal record of violent or sexual offenses, or other violent
crimes of moral turpitude. A criminal background check will be required for each new
employee that ENGINEER employs to perform work on the Project, and ENGINEER shall
certify compliance with this paragraph to CITY. All costs associated with the criminal
background checks are the responsibility of ENGINEER. In addition to the foregoing
requirements of this paragraph, ENGINEER shall also certify that its employees have not
been debarred, suspended, or otherwise excluded under federal laws, rules, or
regulations.
XVI. ARTICLE
ENGINEER'S SEAL
The ENGINEER shall place a Texas Professional Engineer's seal of endorsement
on all documents and engineering data furnished by ENGINEER to CITY.
XVII. ARTICLE
PUBLIC FUNDING
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This AGREEMENT is subject to the appropriation of public funds by the City in its
budget adopted for any fiscal year for the specific purpose of making payments pursuant
to this AGREEMENT for that fiscal year. The obligation of the City pursuant to this
AGREEMENT in any fiscal year for which this AGREEMENT is in effect shall constitute a
current expense of the City for that fiscal year only, and shall not constitute an
indebtedness of the City of any monies other than those lawfully appropriated in any fiscal
year. In the event of non -appropriation of funds in any fiscal year to make payments
pursuant to this AGREEMENT, this AGREEMENT may be terminated without any liability
to either party.
XVIII. 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.
XIX. ARTICLE
TEXAS BOYCOTT PROHIBITIONS
To the extent required by Texas law, ENGINEER verifies that: (1) it does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association, as defined in Texas Government Code § 2274.001, as
amended, and that it will not during the term of this Agreement discriminate against a
firearm entity or firearm trade association; (2) it does not "boycott Israel" as that term is
defined in Texas Government Code § 808.001, and Texas Government Code Ch. 2271,
as amended, and it will not boycott Israel during the term of this Agreement; (3) it does
not engage in business with terrorist countries or other countries prohibited by the State
of Texas; and (4) it does not "boycott energy companies," as those terms are defined in
Texas Government Code §§ 809.001 and 2274.001, and it will not boycott energy
companies during the term of this Agreement.
XX. ARTICLE
ETHICS DISCLOSURE
To the extent required by law, ENGINEER represents that it has completed a
Texas Ethics Commission (the "TEC") form 1295 ("Form 1295") generated by the TEC's
electronic filing application in accordance with the provisions of Texas Gov't Code Ch.
2252.908 and the rules promulgated by the TEC. The parties agree that, with the
exception of the information identifying the CITY and the contract identification number,
the CITY is not responsible for the information contained in the Form 1295.
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XXI. ARTICLE
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between CITY
and ENGINEER and supersedes all prior negotiations, representations or agreements,
either written or oral.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed
in two (2) equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
la
Alison Ortowski, City Manager
ATTEST:
By:
City Secretary
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ENGINEER: Baird, Hampton & Brown
By:
John'Austin Baird; PE, Principal, Sr. Civil Engineer
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared John Austin Baird known to me [or
proved to me on the oath of or through t
(description of identity card or other document)] to be the person wh se name is
subscribed to the foregoing instrument and that he/she is the duly authorized Principal of
Baird, Hampton & Brown, and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this i'{ day of __ Mc�,;, , 20�.
(SEAL) Notar�'('ublic, State of Texas
MIRIAM IVANA ROCK Notary's Name Printed
Notary Public, State of Texas
Comm. Expires 10-04-2027
Notary ID 134588864
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ATTACHMENT A
BASIC ENGINEERING SERVICES
for
NORTH PARK TURF IMPROVEMENTS
City of Southlake
The City of Southlake has requested that Baird, Hampton & Brown develop design documents for the
proposed sport field turf improvement project at North Park. The specific park improvements that have
been identified for this effort are:
Turf replacement on lacrosse fields 1, 2, & 3
Upgrading existing lighting fixtures to LED
Additional parking to address parking overflow needs
Supplemental CCTV coverage
Fencing improvements at existing sports fields
Drainage improvements as needed
Irrigation adjustments as needed
ADA path improvements
Practice field grading adjustments
Addition of practice hitting wall
Opinions of probable construction cost will also be prepared for the identified proposed improvements.
The scope of work for Basic Engineering Services involves project management and evaluation of field
improvements.
GENERAL
A. 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. 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.
II. LAND SURVEYING
A. Topographic Survey
Limited topographic survey of the project area for use in the analysis and design of the
proposed improvements including:
1. Adequately model 'on the ground' conditions of the project area and IS' (fifteen feet)
outside the perimeter where accessible.
(i) Locate visible site improvements.
(ii) Locate trees with a Diameter at Breast Height (DBH) of 6" (six inches) and above.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements (May 2025) Page 1 of 13
(iii) Locate drainage infrastructure improvements and pipe sizes where accessible.
(iv) Show V (one foot) contours created from an approximate 50' (fifty foot) grid
system
(v) Establish a minimum of 2 (two) on-site/project benchmarks.
(vi) Coordinate with underground utility locating service Texas811.
III. CONCEPT REPORT & PLANS
A. Turf Product Research & Alternative Analysis
Research available turf systems and evaluate based on City criteria. Turf manufacturer
will provide installation details and specifications for inclusion in the plans.
B. Concept Site Plan
Develop a concept site plan showing the proposed parking layout, field layout, fencing,
ADA paths, and storm drain improvements for City approval.
C. Concept Report
Prepare a report summarizing the findings from researching turf products. Provide
recommendations and assist the City with product and manufacturer selection.
IV. PRELIMINARY PLANS & ESTIMATES
A. Prepare Preliminary (65%) Construction Plans
1. Develop parking, field, and fencing layouts, parking, field, and ADA grading, storm
drain improvements, and erosion control plans over actual field surveys. Provide
necessary construction details for the proposed improvements.
2. Structural engineering for a hitting wall including foundation design per
geotechnical recommendations and CMU wall design.
3. Electrical engineering including photometric analysis and component information
for aiming of luminaires for existing field lighting LED upgrades, lighting design for
the proposed parking lot expansion, and raceway provisions for CCTV locations
as designated by owner.
4. Landscape design for parking lot improvements and any disturbed areas will
comply with the minimum requirements of the City of Southlake landscape
ordinance and will emulate the existing landscaping.
5. Tree protection plan identifying the existing trees on site to be protected during
construction.
6. Irrigation design of the parking lot expansion landscape. Irrigation plans will be
prepared by a licensed irrigation designer and will include all disturbed areas,
game fields, and practice field.
B. Opinions of Probable Construction Costs
Prepare project quantities and an opinion of probable construction cost for the proposed
improvements.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements (May 2025) Page 2 of 13
C. Project Manual
Prepare draft project manual containing the applicable forms, contracts, advertising/bid
schedule, and specifications for the project.
D. Submittal & Review Meeting
Attend a design review meeting with City staff to discuss comments and revisions for the
preliminary design.
V. FINAL PLANS & ESTIMATES
A. Prepare Final (95%) Construction Plans, Estimates, & Project Manual
1. Incorporate City review comments and directives from the preliminary plans
submittal.
2. Complete parking, field, and fencing layouts, parking/field/ADA grading, storm
drain improvements, and erosion control plans over actual field surveys. Provide
necessary construction details for the proposed improvements.
3. Structural engineering for a hitting wall including foundation design per
geotechnical recommendations and CMU wall design.
4. Electrical engineering including photometric analysis and component information
for aiming of luminaires for existing field lighting LED upgrades, lighting design for
the proposed parking lot expansion, and raceway provisions for CCTV locations
as designated by owner.
5. Landscape design for parking lot improvements and any disturbed areas will
comply with the minimum requirements of the City of Southlake landscape
ordinance and will emulate the existing landscaping.
6. Irrigation design of the parking lot expansion landscape. Irrigation plans will be
prepared by a licensed irrigation designer and will include all disturbed areas,
game fields, and practice field.
7. Prepare revised project quantities and an opinion of probable construction cost
for the proposed improvements.
8. Incorporate City comments and revise the project manual as needed.
9. Attend a design review meeting with City staff to discuss comments and revisions
for the final design.
B. Prepare Final (100%) Bid Documents
1. Incorporate CITY review comments and directives from the Final (95%) Design
plans.
2. Provide final plans, specifications, and cost estimates.
3. Submit two (2) sets of final bid documents for CITY approval and bidding.
VI. BIDDING PHASE
A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost
of advertisement in an official publication. The ENGINEER shall provide all necessary
printing of construction plans, specifications, and contract documents for use in obtaining
bids, awarding contracts, and constructing the PROJECT.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements (May 2025) Page 3 of 13
B. The ENGINEER shall be responsible for dispersing all plans and specifications from its
office to prospective bidders and maintaining a Bidders List.
C. The ENGINEER shall prepare and respond to all addenda for the PROJECT.
D. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and
recommend to the CITY the proper action on all proposals received.
E. Issue a notice to proceed to the CONTRACTOR selected by the CITY for the PROJECT.
F. Assist in the preparation of formal Contract Documents found in the Project Manual and
coordinate their execution by the respective parties.
G. The ENGINEER will assist with the proposed construction administration listed on
Attachment A, Special Services, IV. Construction Support, A.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements (May 2025) Page 4 of 13
ATTACHMENT A -CONTINUED
SPECIAL SERVICES
for
NORTH PARK TURF IMPROVEMENTS
City of Southlake
I. GEOTECHNICAL INVESTIGATION
1. Subsurface exploration to consist of five (5) sample borings drilled to a depth of
five (5) feet in the area of the proposed parking expansion and six (6) sample
borings drilled to a depth of 15 feet in the area of the new artificial turf fields.
2. Laboratory services to classify and determine soil characteristics including
moisture content and soil identification, percent passing #200 sieve, liquid and
plastic limit determinations, unconfined compression tests, unit weight
determinations, and soluble sulfate tests.
3. Engineering report to present the results of field and laboratory data along with
analyses and recommendations.
II. TAS REIVEW/TDLR REGISTRATION
1. Register the project with TDLR if the total project (per TAC Rule 68.50)
construction cost equals or exceeds $50,000.
2. Submit the project for TAS plan review and address any deficiencies.
3. Submit the project for TAS post -construction inspection.
III. SUBGRADE VERIFICATION SURVEY
1. Photogrammetric Mapping — Aerial orthorectified imagery to be used for a
georeferenced orthomosaic.
2. Topographic Survey — Limited topographic survey of the project area and 15'
(fifteen feet) outside the perimeter for use in verifying the proposed grades
before the subgrade is covered. Two mobilizations are included to accommodate
staged field completion.
(i) Show V (one foot) contours created from an approximate 50' (fifty foot) grid
system.
IV. FINAL AS -BUILT SURVEY
1. Photogrammetric Mapping — Aerial orthorectified imagery to be used for a
georeferenced orthomosaic.
2. Topographic Survey — Limited topographic survey of the project area and 15'
(fifteen feet) outside the perimeter for use in verifying as -built drainage patterns
of the proposed improvements. Two mobilizations are included to accommodate
staged field completion.
(i) Show 1' (one foot) contours created from an approximate 50' (fifty foot) grid
system.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements (May 2025) Page 5 of 13
V. CONSTRUCTION SUPPORT
A. Attend the project pre -construction meeting with the CITY and CONTRACTOR.
B. Provide construction support services, including responding to RFIs, reviewing product
submittals, and conflict resolution. Issue ASIs and change orders as needed. Review and
approve pay applications.
C. Attend monthly project site visits as construction proceeds to observe and report on
progress.
D. 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.
E. Issue notice of PROJECT acceptance and commencement of two-year warranty bond
period.
F. 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 set of
Record Drawings and electronic files (in pdf and dwg formats), to the CITY.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements (May 2025) Page 6 of 13
ATTACHMENT A -CONTINUED
HOURLY AND/OR ADDITIONAL ENGINEERING SERVICES
for
NORTH PARK TURF IMPROVEMENTS
City of Southlake
ADDITIONAL Engineering Services not included in the scope of work include site visits and other
construction services, however these services can be provided if requested and would be billed
hourly per our standard rates.
II. 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.
III. 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.
IV. 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 — Eng.; Land Surveying — LS; Landscape Architecture — LA
Eng. & Management — Principal/VP
$ 325.00 /hr.
Designer - IV
$ 205.00 /hr.
Eng. PE/LS RPLS/LA RLA - IV
$ 225.00 /hr.
Designer - III
$ 150.00 /hr.
Eng. PE/LS RPLS/LA RLA - III
$ 190.00 /hr.
Designer - II
$ 125.00 /hr.
Eng. PE/LS RPLS/LA RLA - II
$ 175.00 /hr.
Designer - 1
$ 105.00 /hr.
Eng. PE/LS RPLS/LA RLA - 1
$ 145.00 /hr.
CAD/Tech. Survey Services
$ 95.00 /hr.
Eng. EIT/LS SIT - IV
$ 135.00 /hr.
Field Surveying —1 Person Crew
$ 175.00 /hr.
Eng. EIT/LS SIT - III
$ 125.00 /hr.
Field Surveying — 2 Person Crew
$ 205.00 /hr.
Eng. EIT/LS SIT - II
$ 115.00 /hr.
Field Surveying — 3 Person Crew
$ 225.00 /hr.
Eng. EIT/LS SIT - 1
$ 105.00 /hr.
Construction Staking — 2 Person Crew
$ 225.00 /hr.
CAD / Drafting Services
$ 70.00 /hr.
Clerical Services
$ 85.00 /hr.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements
(May 2025)
Page 7 of 13
ATTACHMENT A -CONTINUED
CITY PROVIDED INFORMATION/SERVICES
for
NORTH PARK TURF IMPROVEMENTS
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.
North Park Turf Improvements (May 2025) Page 8 of 13
ATTACHMENT B
COMPENSATION
for
NORTH PARK TURF IMPROVEMENTS
City of Southlake
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 Services shall be a lump sum fee of $117,365.00.
Compensation for the Special Services shall be an estimated sum of $60,515.00. This is a
total estimated contract amount of $177,880.00.
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 or Construction Support Services of the Special
Services shall be due in monthly installments and per the contract hourly billing rates
schedule.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements (May 2025) Page 9 of 13
B. Compensation for Additional Services not covered by Basic Engineering Services or Special
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 — Eng.; Land Surveying — LS; Landscape Architecture — LA
Eng. & Management— Principal/VP
$ 325.00 /hr.
Designer - IV
$ 205.00 /hr.
Eng. PE/LS RPLS/LA RLA - IV
$ 225.00 /hr.
Designer - III
$ 150.00 /hr.
Eng. PE/LS RPLS/LA RLA - III
$ 190.00 /hr.
Designer - II
$ 125.00 /hr.
Eng. PE/LS RPLS/LA RLA - II
$ 175.00 /hr.
Designer - 1
$ 105.00 /hr.
Eng. PE/LS RPLS/LA RLA - 1
$ 145.00 /hr.
CAD/Tech. Survey Services
$ 95.00 /hr.
Eng. EIT/LS SIT - IV
$ 135.00 /hr.
Field Surveying — 1 Person Crew
$ 175.00 /hr.
Eng. EIT/LS SIT - III
$ 125.00 /hr.
Field Surveying — 2 Person Crew
$ 205.00 /hr.
Eng. EIT/LS SIT - II
$ 115.00 /hr.
Field Surveying — 3 Person Crew
$ 225.00 /hr.
Eng. EIT/LS SIT - 1
$ 105.00 /hr.
Construction Staking — 2 Person Crew
$ 225.00 /hr.
CAD / Drafting Services
$ 70.00 /hr.
Clerical Services
$ 85.00 /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.
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 and are due and payable within
30 days.
ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements
(May 2025)
Page 10 of 13
EXHIBIT C
PROJECT LOCATION MAP
for
NORTH PARK IMPROVEMENTS
City of Southlake
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ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC.
North Park Turf Improvements
(May 2025)
Page 11 of 13
LOE - North Park Turf Improvements.xlsx BHB Engineering & Surveying 4/30/2025
3801 William D Tate Ave, Ste. 500, Grapevine, TX 76051
Tel 817-251-8550, www.bhbinc.com
Services Level of Effort: Item / Task Description & Estimated Hours of Effort
NORTH PARK TURF IMPROVEMENTS
Southlake, TX
May 1, 2025
Project Project Project
Landscape Engineering Project Survey
Survey
Direct
Item / Task Description Director Manager Engineer
Architect EIT Surveyor Field Crew CADD/Tech Clerical
Costs
Amount
(Hrs) (Hrs) (Hrs)
(Hrs) (Hrs) (Hrs) (Hrs)
(Hrs) (Hrs)
I$)
($)
$ 325.00 $ 190.00 $ 175.00 $ 190.00 $ 135.00 $ 190.00 $ 205.00 $
95.00 $ 85.00
1.10
Surveying Services
$
9,225
Topographic Surveying
1
2
6
24
16
8,025
Set Project Control Points
2
4
1,200
Subtotal =
0
0
1
0
2
8
28
16
0 0
Concept Plans
$
16,595
Turf Product Research & Alternative Analysis
2
2
6
16
8
6,200
Concept Parking, Field & Storm Drain Layout
1
6
12
24
6,805
Concept Report
2
6
16
3,590
Subtotal =
3
10
24
16
48
0
0
0
0 0
Preliminary Plans
$
48,880
Field Layout & Grading Plans
2
6
8
24
6,430
Parking Lot Layout & Site Plan
1
2
4
12
3,025
Parking Lot Grading & Drainage Plan
2
4
8
20
5,510
Storm Drain Plan & Profile
1
4
6
16
4,295
Fencing Layout & Control
1
2
6
1,350
ADA Layout & Grading
1
2
6
1,350
Erosion Control Plan & Details
1
2
4
1,080
Utility, Paving & Misc. Details
1
2
6
1,350
Structural Engineering (Hitting Wall)
1
4
6
8
3,215
Site Lighting Design
2
6
12
30
7,940
Landscape Plan & Details
1
2
4
16
2
4,715
Irrigation Design
4
1200
2,080
Opinion of Probable Construction Cost
1
1
2
1
8
2,135
Draft Project Manual & Specs
1
2
6
12
3,375
Submittal & Review Meeting
2
2
1,030
Subtotal =
14
37
64
21
154
0
0
0
0 1200
Final Plans
$ 39,990
Field Layout & Grading Plans
1
4
6
16
4,295
Parking Lot Layout & Site Plan
1
2
6
16
3,915
Parking Lot Grading & Drainage Plan
1
2
8
16
4,265
Storm Drain Plan & Profile
1
2
4
12
3,025
Fencing Layout & Control
1
2
4
1,080
ADA Layout & Grading
1
2
4
1,080
Erosion Control Plan & Details
1
1
4
905
Structural Engineering (Hitting Wall)
1
2
6
8
2,835
Site Lighting Design
1
4
8
24
5,725
Utility, Paving & Misc. Details
1
2
4
1,080
Landscape Plan & Details
2
4
10
2
3,250
Irrigation Design
2
1000
1,480
Opinion of Probable Construction Cost
1
2
1
6
1,540
Final Project Manual & Specs
2
4
8
2,160
Submital & Review Meeting
2
2
1,030
Incorporate Comments & Issue Bid Docs.
1
1
2
2
8
2,325
Subtotal=
9
28
57
15
132
0
0
0
0 1000
Bid Phase Services
$ 2,675
Bid Project, Tab. Results & Recom.
2
2
4
1,270
Prepare Formal Contract Docs
1
1
2
4
1,405
Subtotal =
1
3
4
0
8
0
0
0
0 0
Total for Professional Services
27
78
150
52
344
8
28
16
0 2200
$ 117,365
CA/Additional Special Services
$ 60,515
Geotechnical Investigation
1
2
$ 11,000
12,545
TAS Review/TDLR Registration
1
2
$ 3,000
3,840
Subgrade Verification Survey
2
4
4
12
36
24
13,560
Final As -Built Survey
2
4
4
12
36
24
13,560
Pre -Con Mtg, Site Visits & Final Inspection
2
16
16
5,850
Prepare Record Drawings & CAD Files
2
2
8
1,810
Construction Support, RFIs, Submittals (Hourly)
6
10
16
20
9,350
Total for Professional & Additional Special Services
$ 177,880