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Item 4BCity of Southlake, Texas M E M O R A N D U M January 15, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Authorize a Professional Services Agreement with Teague Nall and Perkins, Inc. to provide engineering services for design of Drainage Improvements on Dove Road from North Carroll Avenue to Dove Creek. Action Requested: Authorize a Professional Services Agreement with Teague Nall and Perkins, Inc. to provide engineering services for design of Drainage Improvements on Dove Road from North Carroll Avenue to Dove Creek. Background Information: During the Spring rains of 2006, the lack of adequate drainage structures along the north side of Dove Road and east of North Carroll Avenue caused water to pond over the roadway resulting in the closure of East Dove Road several times. Currently, the City Staff is working with a consultant to develop a set of engineered construction plans for a new roundabout at the intersection of North Carroll Avenue and East Dove Road. New drainage improvements will be constructed in the intersection as part of this project. However, in order for the aforementioned drainage improvements to perform as designed, a new outfall will be required to be constructed.Thus, the need for this drainage outfall project is present. Teague Nall and Perkins, Inc. was engaged on October 1, 2007 to perform a feasibility study and preliminary engineering for the drainage improvements on E. Dove Road. This study was completed and delivered to the City on December 3, 2007. The feasibility study recommends construction of an 8’x5’ box culvert between the north right of way and the tree line north of the pavement. The design contract has been developed to accomplish design of the improvements outlined in the feasibility and preliminary engineering study. Page 1 of 2 Financial Considerations: The total fee for this Professional Services Agreement is $249,600.00. The funding for design and construction of this project was budgeted for and approved by City Council in the FY08 Stormwater CIP Budget. Citizen Input/ Board Review: None Legal Review: This is the standard form of agreement for professional engineering services developed by the City Attorney’s office Alternatives: The City Council may approve the proposed Professional Services Agreement or deny it. Supporting Documents: Teague Nall and Perkins, Inc. Letter and Contract Proposal Staff Recommendation: Authorize a Professional Services Agreement with Teague Nall and Perkins, Inc. to provide engineering services for design of Drainage Improvements on Dove Road from Carroll Avenue to Dove Creek. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michael James, P.E., Civil Engineer December 7, 2007 Mr. Gordon J. Mayer, Jr., P.E. Deputy Director of Public Works City of Southlake, Texas 1400 Main Street Southlake, Texas 76092 RE: E. DOVE ROAD DRAINAGE IMPROVEMENT PROJECT – Proposed Professional Services Agreement Dear Gordon, We are attaching a scope and fee proposal for the professional engineering services related to the design of the E. Dove Road Drainage Improvement project, per your request. These services have been developed in accordance with the recommended option from the E. Dove Road Drainage Study, dated December 3, 2007. The fee proposal has been developed using information on our historical effort required to complete similar design projects, and is in keeping with the latest published information from ASCE. As you will notice, we have presented an aggressive schedule for the project, which will require a considerable commitment on both of our parts to insure that there is adequate coordination, collaboration and cooperation between the ENGINEER and CITY to complete the Project within the time frame shown. After looking over the scope of services, compensation and schedule for the project design, if you have any questions, please let me know. We will be glad to provide additional information and/or clarification regarding any of these items. Thank you for the opportunity to offer these services to the City of Southlake. We look forward to serving with you to complete this important project. Sincerely, TEAGUE NALL AND PERKINS, INC. Michael A. Jones, P.E. Principal 1100 Macon Street Fort Worth, Texas 76102 817.336.5773 phone 817.336.2813 fax www.tnp-online.com AGREEMENT FOR ENGINEERING SERVICES th THIS AGREEMENT is made this 15 day of January, 2008 by and between the City of Southlake, Texas (hereinafter referred to as “CITY”), and Teague Nall and Perkins, Inc. (hereinafter referred to as “ENGINEER”). WHEREAS , CITY contemplates the need to make improvements to the drainage along E. Dove Road, between N. Carroll Avenue and Dove Creek (just east of Lonesome Dove Road). This project is to be known as the E. Dove Road Drainage Improvements and hereinafter referred to as the “Project”. WHEREAS , ENGINEER is qualified, able, and desirous of performing the necessary engineering work upon which the Project is based and is willing and able to work with CITY staff to organize and coordinate the professional services necessary to complete the Project. NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments on the dates and in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment I 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 I in accordance with the terms set forth in this Agreement and in Attachment I. B. Definitions. Services refers to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes. CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and/or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER’s cost of, or the time required for, the performance of any part of the Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. Page 1 D. Coordination With Owner. The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY’s possession relative to existing facilities and to the Project. E. Site and Local Conditions. ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder.Necessary arrangement for access to any site by ENGINEER’s employees will be made with CITY. F. Assignment and Subcontractors/Third Party Rights. The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior consent of CITY. G. Independent Contractor. ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. H. Disclosure. By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. Page 2 I. Approval by CITY. Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be 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. 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, notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and ENGINEER, or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations they owe to either CITY or ENGINEER. L. Successors and Assigns. CITY and ENGINEER each bind themselves and their successors, executors, 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 Page 3 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 1 hereto. Page 4 III. ARTICLE COMPENSATION FOR ENGINEERING SERVICES The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work contemplated in Article I, the ENGINEER shall be paid $168,400.00 on a lump sum basis for Basic Design Services based on work progress and on an hourly basis plus expenses not to exceed $81,200.00 for Special Services as outlined in Attachment I with a total not to exceed cost ceiling of $249,600.00 , as billed monthly by ENGINEER. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for costs incurred in accordance with the work performed provided the limits set out in Article III hereof have not been exceeded. 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. Remittances shall be made to ENGINEER’s office at 1100 Macon Street, Fort Worth, Texas 76102. 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 (see Attachment I) as determined by the actual costs incurred and by actual time 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; Page 5 4. Miscellaneous engineering work for CITY not related to the Project; 5. To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; and 6. Other services agreed to by the parties in writing attached hereto as Attachment II 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. No warranty, express or implied, is made or intended by the ENGINEER’s undertaking herein or its performance of services, and it is agreed that the ENGINEER is not a fiduciary with respect to the CITY. 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 or for any cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. Page 6 IX. ARTICLE OWNERSHIP OF DOCUMENTS 1. All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shall become the property of CITY if this Agreement is terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY’s sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER’s expense, insurance of the type and of minimum coverage limits as follows: 1. Workers Compensation - Statutory Employer’s Liability - Limits as required by the State of Texas. 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY upon execution of this Agreement. 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 Page 7 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 design of the Project is planned to be completed by July 31, 2008. 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: Michael A. Jones, P.E. Principal 1100 Macon Street Fort Worth, Texas 76102 Phone: 817-336-5773 Fax: 817-336-2813 All notice shall be effective upon the date of receipt. Page 8 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 e executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: By: _________________________________ Shana Yelverton, City Manager ATTEST: By: _________________________________ City Secretary ENGINEER: Teague Nall and Perkins, Inc. By: _________________________________ Michael A. Jones, Principal/Vice President Page 9 THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared Michael A. Jonesknown to me [or proved to me on the oath of ____n/a_____ or through ____n/a____ (description of identity card or other document)] to be the person whose name is subscribed to the foregoing instrument and that he/she is the duly authorized Vice President of Teague Nall and Perkins, Inc., 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 _____ day of __________, A.D.______. ______________________________________ (SEAL) Notary Public, State of Texas ____________________________________ Kay F. Sims Page 10 ATTACHMENT I E. Dove Road Drainage Improvements City of Southlake, Texas 1.DETAILED SCOPE OF SERVICES This scope of services for this Project consists of the preparation of construction plans and related documents necessary for the construction of a drainage system located along E. Dove Road, between N. Carroll Avenue and Dove Creek (just east of Lonesome Dove Road). The Project is understood and defined to include the design by the ENGINEER and subsequent construction (by others) of a single reinforced concrete box storm drainage system (approx. 8’x5') along the north side of E. Dove Road and is intended to alleviate the flooding known to occur in the area (see attached Project Layout). The pre-design, conceptual opinion of probable construction cost for the Project is $1,910,000. a. BASIC SERVICES Teague Nall and Perkins, Inc. (the ENGINEER) shall render the following professional services (BASIC SERVICES) necessary for the development of this project. BASIC SERVICESare in general those services require to complete the preliminary and final design for the Project. The following tasks are to be performed by the ENGINEER as part of the scope of BASIC SERVICES: TASK 1 – PRELIMINARY & FINAL DESIGN (PREPARATION OF CONSTRUCTION PLANS/DOCUMENTS) Preliminary & final design, construction plans and related construction documents will be prepared for the construction of approximately 2,300 linear feet of a single reinforced concrete box storm drainage system (approx. 8’x5') along the north side of E. Dove Road, between N. Carroll Ave and Dove Creek (just east of Lonesome Dove Road). The Project design will include a limited number of lateral lines located near N. Carroll Avenue and at points where existing outfall structures currently discharge across E. Dove Road. The project will also include the design of appropriate inlets and the extension of existing storm drainage systems where necessary to connect to the proposed system. It is the understood that the intent of this design is to include a very minimal amount of reconstruction to the existing roadway and ditch system along E. Dove Road, N. Carroll Avenue and Lonesome Dove Road. The work necessary to complete the construction plans and related construction documents is as follows: Establish horizontal and vertical alignment of the reinforced concrete box storm drain, in accordance with current City of Southlake drainage criteria, requirements, and regulations. Confirm the conduit size based on the ultimate-developed condition of the watershed contributing to the system. The hydrologic/hydraulic computations will be completed in accordance with the City of Southlake's drainage criteria and requirements and will be shown as part of the construction plans. For the purposes of this project design, conveyance of the 100-year storm event will be Page 11 used as the primary design criteria. It is understood that the intent of this design is to provide a system to collect and convey runoff for the 100-year storm event from the watershed upstream of the intersection of N. Carroll Avenue and E. Dove Road. The existing ditch system along E. Dove Road will still be used to convey runoff from areas draining directly to these roadway ditches. Include design for the reconstruction of the existing sidewalk and driveways located along the north side of E. Dove Road. It is understood that the intent of the design is to maintain ditches on both sides of E. Dove Road. It is also understood that several of the driveway culverts along the north side of E. Dove Road will be re-sized and reconstructed as part of the project scope in order to improve the capacity in the north ditch. Include design for the relocation of a minimal amount of underground City utilities (i.e., water & sanitary sewer) if determined to be in conflict with the proposed improvements. These relocations will be limited to conflicts at up to four (4) roadway crossings, based upon information provided during the subsurface utility exploration (SUE) process and/or as-built information provided by the CITY prior to beginning design. Prepare a Traffic Control Plan with necessary details. It is anticipated that the roadway will remain open to traffic during the majority of the construction period, with the exception of limited closures for short periods of time to allow installation of roadway crossings. Prepare an Erosion Control Plan and appropriate details in accordance with the requirements of the City of Southlake and the National Pollutant Discharge Elimination System (NPDES). It is understood that the SWPPP documents and NOI will be prepared and submitted by the Contractor. Select and utilize standard City of Southlake details where possible. Special construction details will also be developed as needed for the project design. Assist the CITY with identifying utilities within the Project area and coordination with franchise utility companies to facilitate relocation of franchise utilities as may be required for the construction of this Project. It is understood that the intent of this effort by the ENGINEER will be to assist in evaluating potential conflicts based upon the best information available from the CITY and/or utility companies. Efforts will be made by the ENGINEER in the design of the improvements to minimize utility conflicts to the extent possible; however, the CITY should anticipate that some utility adjustments and/or relocations will be required and should, therefore, allow adequate time for such relocations in the Project schedule. We recommend that the CITY consider authorizing and/or providing Subsurface Utility Engineering services for this Project if there is a concern or anticipation that utility conflicts could have a significant impact on the design, cost and/or schedule for the Project. Upon 30% completion of the construction documents, up to fifteen (15) sets of construction plans will be provided to the CITY for review and comment. After the review of the plans is complete, the ENGINEER will meet with the CITY to address the comments. Page 12 Upon 60% completion of the construction documents, up to fifteen (15) sets of construction plans will be provided to the CITY for review and comment. After the review is complete, the ENGINEER will meet with CITY to address the comments. Upon 100% completion of the construction documents, up to fifteen (15) complete sets of construction documents will be provided to the CITY for final review and comment. After the review is complete, the ENGINEER will address the comments and finalize construction bid documents. Upon 30%, 60% & 100% completion of the construction documents, the ENGINEER will prepare an updated opinion of probable construction cost. Prior to 100% completion the ENGINEER will prepare construction bid documents, including but not necessarily limited to, detailed pay item descriptions, special specifications, the bid proposal form, and other information required by the CITY for bidding the project. It is understood that the CITY will provide the ENGINEER with the CITY’s standard construction/bid documents (i.e., standard specifications, construction contract form, bond forms, general & special conditions, etc.) for the ENGINEER to incorporate into the construction/bid documents. TASK 2 – BID/CONSTRUCTION ADMINISTRATION This work will consist of providing assistance to the CITY during the CITY’s administration of the bidding process and subsequent construction. The work by the ENGINEER will be limited as follows: 2.1 The ENGINEER will assist the CITY in the advertisement of the Project for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide the necessary printing of construction plans, specifications and contract documents (up to 30 sets) for use in obtaining bids, awarding contracts, and constructing the Project. The CITY shall be responsible for dispersing all plans and specifications from its office to prospective bidders. 2.2 The ENGINEER will attend one pre-bid meeting with the CITY and prospective bidders to assist the CITY in answering questions and clarifying bid documents. 2.3 The ENGINEER will assist the CITY in the preparation of one Addendum following the pre-bid meeting to address any issues requiring change, correction and/or clarification. 2.4 The ENGINEER will assist the CITY in the opening and tabulation of the construction bids for the Project and provide recommendations to the CITY regarding the proper action on all proposals received. 2.5 After selection of Contractor(s) and award of contract(s) by the CITY, the ENGINEER will assist in the preparation of formal contract documents, including contract, performance, payment, and maintenance bonds and all other related CITY forms required to initiate construction on the Project. 2.6 The ENGINEER will attend one pre-construction conference with the CITY, Contractor(s), and all affected utility companies. Page 13 2.7 The ENGINEER will assist in representing the CITY in the non-resident administration of the project. 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. (NOTE: 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, normally only once a month, or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve 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.) 2.8 The ENGINEER will consult and advise the CITY regarding the need for any contract change orders and will prepare change orders as required for CITY approval. 2.9 The ENGINEER will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 2.10 The ENGINEER will, with assistance from the CITY’s Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the CITY. 2.11 The ENGINEER will provide, in conjunction with the CITY, a final inspection and one follow-up of the project upon completion of initial construction and provide a “punch list” of deficient items to the Contractor(s). 2.12 The CITY inspector will provide the ENGINEER with a red-lined set of drawings depicting changes during construction and shall also require the Contractor to maintain a set of drawings that reflect any changes in construction from what is shown on the original plans. ENGINEER will revise construction drawings as necessary to adequately reflect any revisions in the construction from what was represented on the plans and/or specifications. 2.13 After the red-lined plans referenced above have been provided, ENGINEER will provide the CITY with two (2) black-line full size sets of the “Record Drawings”, one (1) set of mylar reproducible “Record Drawings” within 30 days, an electronic file of the “Record Drawings” in .pdf format, and an updated electronic file in AutoCAD (.dwg) format of the new construction for use by the CITY. b. SPECIAL SERVICES Teague Nall and Perkins, Inc. (the ENGINEER) shall render the following professional services (SPECIAL SERVICES) necessary for the development of this project. SPECIAL SERVICESare those services specifically identified as being required in order to complete or support the ENGINEER’s BASIC SERVICES for this Project. The following tasks are included as SPECIAL SERVICES and will be provided by the ENGINEER for this Project: Page 14 TASK 3 – PUBLIC INVOLVEMENT This work will include conducting and/or participating in public involvement meetings including presentations to the City Council and interested community or neighborhood groups. The effort necessary to complete this work is described as follows: 3.1 The ENGINEER will attend up to three (3) meetings with the public, individuals, and neighborhood groups to present the status and objectives of the Project and receive input. The ENGINEER will furnish the CITY with color exhibits to facilitate these presentations. It is understood that the CITY will conduct these meetings, with the assistance of the ENGINEER. 3.2 The ENGINEER will attend up to one (1) meeting with the City Council to present the status and objectives of the Project. The ENGINEER shall furnish the CITY with color exhibits to facilitate this presentation. It is understood that the CITY will conduct these meetings, with the assistance of the ENGINEER. TASK 4 – FIELD DESIGN SURVEYS, PROPERTY SURVEYS & EASEMENT DOCUMENTS This task will include the field survey and office work necessary for preparing the base map of existing conditions on the ground for use in the design of the Project, as well as to determine the location of property & right-of-way boundaries along the north side of E. Dove Road. This work will also include the preparation of a limited number of easement documents as required for the construction of this project. It is understood that these field surveys will not duplicate property surveys and base mapping already prepared in conjunction with the N. Carroll Ave./E. Dove Road round- about project, but will expand and supplement that information as required for the design of this Project. The effort necessary to complete this task is further described as follows: 4.1 Establish vertical and horizontal control for the Project based on established City of Southlake benchmarks and vertical datum. Set a sufficient number of control points along the length of the Project for use as control during the construction of the proposed improvements. 4.2 Perform topographic design surveys of the project site and prepare a base map for use in the design and preparation of construction plans. This survey will consist of identifying and recording the vertical and horizontal location of the structural and physical features within the existing right-of-way (approximately 2,500 lineal feet) from the south edge of the E. Dove Road pavement to a distance of approximately 50-60 feet north of the north edge of pavement. The survey will include a description of the existing structures (i.e. size, flow lines, etc.) and location of trees with a diameter of 6" or larger. 4.3 Perform courthouse property research and property surveys as necessary to determine the location of property and right-of-way boundaries along the north side of E. Dove Road from N. Carroll Avenue to Dove Creek. It is understood that the south right-of-way limits for E. Dove Road will be reflected as approximate; therefore, no detailed property surveys will be performed for those properties along the south side of E. Dove Road. Page 15 4.4 Prepare up to fifteen (15) easement descriptions (metes & bounds) and parcel exhibits for use by the CITY in the CITY’s acquisition of the necessary easements for the Project. 4.5 Following project bid and award of construction contract, re-establish and/or confirm the survey control points for the Project, one (1) time. It is understood that although construction staking will be the responsibility of the Contractor and not included in this scope of services, these control points will be provided for the Contractor’s use in laying-out and constructing the proposed improvements. c. ADDITIONAL SERVICES ADDITIONAL SERVICES shall be any service provided by the ENGINEER which is not specifically included in BASIC SERVICES or SPECIAL SERVICES as defined above. ADDITIONAL SERVICES shall include, but not be limited to: 1) Construction Staking 2) Geotechnical Engineering Investigations 3) Participation in or performing real property (easements or ROW) acquisitions; 4) Trips and meetings beyond a 100 mile radius of Fort Worth; 5) Subcontract charges, photocopies, plan reproduction, computer charges, etc. not described in BASIC orSPECIAL SERVICES; 6) Subsurface Utility Engineering (S.U.E.); 7) Coordination of Franchise Utility Relocations; 8) Environmental Assessments; 9) Environmental Permits (i.e., USACE 404 Permit, etc.) 10) CLOMR/LOMR Applications; 11) Construction Inspections; 12) Tree Survey and/or Tree Mitigation Plan; d. ASSUMPTIONS, EXCEPTIONS AND EXCLUSIONS TO SCOPE OF SERVICES The following is a list of assumptions, exceptions, and exclusions for this proposed scope of services: 1) This scope of services assumes the project will not adversely impact the waters of the US and thus no USACE permitting will be required; 2) This Scope assumes the Contractor will be responsible for preparing and completing the required SWPPP and NOI; 3) This scope of services assumes E. Dove Road will not be reconstruction, except where pavement replacement will be necessary as a result of the construction; 4) The scope of services assumes the design will be prepared using the drainage criteria, requirements, and regulations as currently adopted by the City of Southlake; 5) This scope of services assumes that no tree mitigation plan will be required; 6) This scope of services assumes the Contractor will provide construction staking for the project; 7) This scope of services assumes the CITY will provide access to or copies of all relevant information in the CITY’s possession related to the Project (i.e., plans or Page 16 locations of the water system, sanitary sewer system, storm drainage system, roadway improvements, topographic and aerial maps, subdivision plans, etc.). 8) This scope of services assumes that geotechnical services, if necessary, will be provided and furnished to ENGINEER by the CITY. 2.PROJECT SCHEDULE The ENGINEER will endeavor to accomplish the work in accordance with the schedule outlined below, with the understanding that the primary objective of all involved in this project is to produce and provide a quality and complete design. The proposed schedule represents a very aggressive time frame for completing the design and construction of the Project and will require a considerable amount of coordination, collaboration and cooperation between the ENGINEER and CITY, as well as from others outside the control of the ENGINEER. It is understood by the CITY that the ENGINEER’s ability to perform the scope of services in accordance with the proposed project schedule is dependent upon timely receipt of information and reviews from the CITY and others, and that adjustments in the schedule may be required should the information and reviews become delayed. PROPOSED PROJECT SCHEDULE WorkingEnd Project Task Start Date DaysDate Notice to Proceed / Design Contract Awarded 501/14/0801/18/08 Design & Property Surveys 2501/21/0802/22/08 30% Complete Plans2002/25/0803/21/08 City Review and Comments (Estimated) 1003/24/0804/04/08 Neighborhood Meeting 1004/07/0804/18/08 Easement Documents 1004/07/0804/18/08 60% Plans 2004/07/0805/02/08 City Review and Comments (Estimated) 1005/05/0805/16/08 Easement Acquisition 4004/21/0806/13/08 Final Plans (100%) 2005/19/0806/13/08 City Review and Comments (Estimated) 1006/16/0806/27/08 Neighborhood Meeting 1006/30/0807/11/08 Advertise and Bid Opening 2006/30/0807/25/08 Utility Adjustments 4006/16/0808/08/08 City Council Approval / Contract Award 1007/28/0808/08/08 Prepare Contract Documents/Notice to Proceed 1008/11/0808/22/08 Construction (Estimated) 9008/25/0812/26/08 Total Working Days – Critical Path (Est.) 25001/14/0812/26/08 Page 17 3.COMPENSATION As described in Article III, COMPENSATION FOR ENGINEERING SERVICES is based on the following estimates of labor and expenses: a. BASIC SERVICES: Task 1 (Preliminary & Final Design) $ 143,300 Task 2 (Bid & Construction Administration) $ 25,100 Subtotal (Basic Services – Lump Sum) $ 168,400 b. SPECIAL SERVICES: Task 3 (Public Involvement) $ 10,500 Task 4 (Design & Property Surveys) $ 70,700 Subtotal (Special Services – Hourly) $ 81,200 c. TOTAL (Not To Exceed Ceiling): $ 249,600 Basic Services & Special Services d. ADDITIONAL SERVICES: When authorized in writing by the CITY, ADDITIONAL SERVICES shall be considered additional work and the CITY agrees to pay (reimburse) ENGINEER at ENGINEER’s standard hourly rates or ENGINEER’s standard rates for items provided in-house, or direct expenses times a multiplier of 1.10 for non-labor, subcontract or mileage items. Page 18 4.ENGINEER’S STANDARD RATE SCHEDULE TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective December 1, 2007 through December 31, 2008* Engineering / TechnicalFromTo Principal $155 - $225 Per Hour Project Manager $120 - $180 Per Hour IT Consultant $120 - $140 Per Hour Senior Engineer $100 - $160 Per Hour Engineer $80 - $120 Per Hour Landscape Architect / Planner $100 - $155 Per Hour Designer $80 - $100 Per Hour Senior Designer $110 - $135 Per Hour CAD Technician $50 - $80 Per Hour Senior CAD Technician $75 - $95 Per Hour IT Technician $70 - $85 Per Hour Clerical $45 - $70 Per Hour Resident Project Representative $70 - $100 Per Hour Surveying From To Survey Office Manager $145 - $160 Per Hour R.P.L.S. $100 - $145 Per Hour Senior Survey Technician $70 - $85 Per Hour Junior Survey Technician $55 - $70 Per Hour 2-Person Field Crew w/Equipment $100 Per Hour 3-Person Field Crew w/Equipment $110 Per Hour 4-Person Field Crew w/Equipment $135 Per Hour 1-Person G.P.S. Crew w/Equipment $110 Per Hour 2-Person G.P.S. Crew w/Equipment $130 Per Hour 3-Person G.P.S. Crew w/Equipment $150 Per Hour 1-Person Robotic Crew w/Equipment $90 Per Hour 2-Person Robotic Crew w/Equipment $110 Per Hour Direct Cost Reimbursables Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11” x 17” size bond paper, B&W $2.00/page 22” x 34” and larger bond paper or vellum, B&W Plots $1.00/page 11” x 17” size bond paper, B&W $2.00/page 11” x 17” size bond paper, color $4.00/page 22”x34” and larger bond paper or vellum, B&W $6.00/page 22”x34” and larger bond paper or vellum, color $6.00/page 22”x34” and larger mylar or acetate, B&W Mileage $0.445/mile All Subcontracted and outsourced services billed at rates comparable to TNP’s billing rates shown above. * Rates shown are for calendar year 2008 and are subject to change in subsequent years. Page 19 5.PROJECT LAYOUT See project layout, Exhibit ‘A’, on the following page. Page 20 Page 21 Page 21