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.
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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.
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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.
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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
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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.
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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;
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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:
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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.
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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
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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
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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.
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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.
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5.PROJECT LAYOUT
See project layout, Exhibit ‘A’, on the following page.
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