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Item 4BCity of Southlake, Texas MEMORANDUM June 3, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve a professional services agreement with Huitt Zollars, Inc. in the amount of $515,000 for the design of the White Chapel Boulevard from Emerald Boulevard to Highland Street. Action Requested: Approve a professional services agreement with Huitt Zollars, Inc. in the amount of $515,000 for the design of the White Chapel Boulevard from Emerald Boulevard to Highland Street. Background Information: In 2005, Graham and Associates completed preliminary engineering for the design of the White Chapel Boulevard improvements from Emerald Boulevard to SH 114 as a four lane divided urban arterial with an enclosed storm sewer system. In May 2006, Graham and Associates was awarded a professional services contract for final design and construction plans for White Chapel Boulevard improvements from Highland Street to SH 114. This design is ongoing at this time. This professional services agreement with Huitt Zollars, Inc. will provide for final design and construction plans for White Chapel Boulevard improvements from Emerald Boulevard to Highland Street. The major design elements include: • Four lane divided arterial with curb and gutter • Underground, enclosed storm sewer system • Sidewalks and trails • Waterline relocations • Retaining walls • Street lighting foundations and conduit • Irrigation and landscaping • Intersection improvements • Preparation of right of way documents • Public involvement and newsletter The schedule for this project provides for plans to be complete in May 2009 with construction to begin in October 2009 after right of way acquisition and utility relocation is complete. Financial Considerations: The professional services agreement being considered is for a not to exceed amount of $515,000.00. Funds for the engineering design and construction of the White Chapel Boulevard improvements from Emerald Boulevard to Highland Street are budgeted in the FY 2006 and FY 2008 General Fund CIP, the FY 2007 Roadway Impact Fund CIP, and the FY 2007 Utility Fund CIP and the 2006 Tarrant County Bond Program. Citizen Input/ Board Review: None Legal Review: The standard form of agreement for engineering design prepared by the City Attorney is being used. Alternatives: The City Council may approve the Professional Services Agreement or deny it. Supporting Documents: Standard Form of Agreement for Design Huitt Zollars, Inc. Proposal Location Map Staff Recommendation: Approve a professional services agreement with Huitt Zollars, Inc. in the amount of $515,000 for the design of the White Chapel Boulevard from Emerald Boulevard to Highland Street. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michael James, P.E., Civil Engineer AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this day of , 200_ by and between the City of Southlake, Texas (hereinafter referred to as "CITY"), and (hereinafter referred to as "ENGINEER"). WHEREAS, CITY to contemplates the need to make improvements This project is to be known as the 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 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. Approval by CITY. Page 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. III. ARTICLE Page 4 COMPENSATION FOR ENGINEERING SERVICES The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work contemplated in Article I, the ENGINEER shall be paid on an hourly basis plus expenses (as outlined in Attachment 1) with a total not to exceed cost ceiling of $ 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 IV 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 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 1) 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; 4. Miscellaneous engineering work for CITY not related to the Project; Page 5 5. To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; 6. Preparation of environmental impact assessments or statements for any governmental agency; and 7. Miscellaneous engineering work for CITY not related to the Project. 8. 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 IX. 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. IX. ARTICLE OWNERSHIP OF DOCUMENTS Page 6 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 ENGINEER, and such certificate shall contain the provision that such insurance shall Page 7 not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed by 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: {address} Phone: Fax: 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: IN Shana Yelverton, City Manager ATTEST: By: City Secretary ENGINEER: Page 9 , {Title} THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared known to me [or proved to me on the oath of or through (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 of , 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 (SEAL) Notary Public, State of Texas Notary's Name Printed Page 10 HUITT-ZOLLARS, INC. - 3131 McKinney Ave. I Suite 600 1 dallas,TX 75204-2489 1 214.871.3311 phone 1 214.871.0757 fax I huitl-zollarscom April 29, 2008 Mr. Gordon Mayer, Jr., P.E. City of Southlake Department of Public Works 1400 Main Street, Suite 320 Southlake, TX 76092 RE: White Chapel Boulevard Reconstruction Emerald Boulevard to Highland Street Dear Mr. Mayer: We are pleased to submit our proposal, for your approval, to perform engineering and surveying services for the preparation of plans, specifications and contract documents for the proposed White Chapel Boulevard reconstruction from Emerald Boulevard to Highland Street. A Scope of Work, Schedule, Fee Schedule, Preliminary Opinion of Probable Construction Cost, and Man-hour Estimates are enclosed for your use. Please let us know if you have any questions or need any additional information. Sincerely, HUITT-ZOLLARS, INC. David Haywood, P.E. Vice President Kenneth Roberts, PE Vice President Attachments EXIIIBIT "A" Page 1 of 6 SCOPE OF SERVICES WHITE CHAPEL BOULEVARD RECONSTRUCTION From Emerald Boulevard to approximately 300 feet south of Highland Street The project generally consists of the preparation of construction plans and bid documents for the reconstruction of White chapel Boulevard from Emerald Boulevard to approximately 300 feet south of Highland Street, approximately 4,000 linear feet and approximately 1,200 linear feet of Chapel Downs Drive. The existing asphalt roadway will be replaced with a 4-lane divided reinforced concrete roadway with left -turn lanes. The primary components of the project are a 4-lane divided roadway, storm sewer system, 12-inch and 20-inch waterline relocations, sidewalks, retaining walls, street lighting foundations & conduit, landscaping, irrigation, and other improvements to complete the project. Intersection improvements at San Saba Drive, Mission Drive, W. Chapel Downs Drive, and Ascot Drive / Dragon Drive will be included in the project. Professional services will include field survey work for the design and establishment of the existing right-of-way corridor, right-of- way and easement parcel maps and legal. descriptions, geotechnical investigation, production of construction documents, project updates, coordination with franchised utility companies, the City of Southlake and other applicable agencies, and schedule updates submitted with project invoices. The project will be comprised of two distinct and sequential segments as listed and described in greater detail below: - Basic Services - Special Services Basic Services Basic Services for the project will proceed under the following four phases: Phase I . - Preliminary Design Phase II - Final Design Phase III - Bid Phase Services Phase IV - Construction Phase Services EXHIBIT "A'' Page 2 of 6 Detailed Scope of Basic Services: Phase I - Preliminary Design A. Hold Kick -Off meeting with City engineering staff to obtain design criteria, pertinent utility plans, street plans, plats and right-of-way maps, existing easement information, and other information available for the project area. B. Conduct an on -site walk through and photograph the project. C. Confirm the previously established roadway alignment to be used for the design with the City. D. Prepare a preliminary list of right-of-way parcels and easements necessary to construct the project. Submit to the City as soon as possible and prior to the Preliminary Plan submittal for approval. E. Utilizing the previously established alignment and preliminary roadway grades set the alignment and grades for the preliminary design. As a part of the Preliminary Design, prepare a 30% submittal for review and approval by the City to look at typical roadway cross sections, cross -slopes, and intersection layouts. F. Prepare preliminary construction plans at a 65% complete level. The following plans will be prepared at a scale of 1" = 20' on 22" x 34" sheets unless otherwise noted: • Cover Sheet • Project Layout Control Plan - Scale 1" =100' • Right -of -Way Strip Map - Scale 1 "=100' • Quantity Summary Sheet • Typical Section and General Notes • Construction Phasing Plan • Paving Plan & Profile Sheets (includes street light conduit & foundations) • Retaining Wall Plan & Profile & Detail Sheets • Roadway Cross -Sections • Drainage Area Map - Scale 1" —100' • Drainage Calculations • Storm Sewer Plan & Profile Sheets • Erosion Control Plans for incorporation into the SWPPP • Water Plan & Profile Sheets • Striping and Signage Plans • Special Details not covered in the City's Standard Details G. Attend monthly utility coordination meetings conducted by the City with the affected franchise utility companies. Submit one set of Preliminary Plans to each utility company for their review. H. Prepare an opinion of probable construction costs utilizing the preliminary design. I. Submit three sets of preliminary plans and costs to the City for review. I Meet with the City to discuss Preliminary Plan review comments. EXHIBIT "A" Page 3 of 6 Phase II - Final Design A. Prepare Final Construction Plans based on City review of Preliminary Plans. B. Prepare final Bid Schedule and Special Technical Specifications. Assemble the bid documents for bidding. C. Prepare Final Opinion of Probable Construction Costs based on Final Design. D. Submit three sets of Pre -Final Plans and Bidding Documents to the City for approval. E. Incorporate final City review comments into the plans and bidding documents. F. Submit three bound sets of the Final Plans and Bidding Documents to the City for their use. G. Attend monthly utility coordination meetings conducted by the City with the affected franchise utility companies. Submit one set of Final Plans to each utility company for coordination. Phase III - Bid Phase Services A. Assist the City, as required, in advertising for bids. B. Prepare copies of bid plans and documents for distribution to bidders. Engineer will establish a value for the bid sets and recoup the cost directly from the bidders. Distribute bid documents to four plan houses. Maintain a list of plan holders. C. Assist the City in conducting a pre -bid conference. D. Answer bidder questions. Prepare and distribute necessary addenda. E. Assist the City in opening the bids. F. Tabulate the bids and deliver tabulation to the City within five days of bid opening. G. Evaluate the two low bidders. Prepare a Letter of Recommendation to the City for award of the construction contract. H. Assist the City in conducting a pre -construction conference. I. Furnish the City with 13 sets of Final Plans and 5 sets of Contract Documents for signatures and construction. Computer files will be delivered to the City for their use during construction. Phase IV - Construction Phase Services A. Attend monthly progress meetings, as required by the City, and provide technical consultation and responses to requests for information by the contractor. B. Review contractor submittals as required by the construction contract documents. C. Review of the Contractor's monthly progress reports and pay estimates in provide review comments to the City. D. Prepare "Record Drawings" based on mark-ups supplied by the contractor and/or City. Submit one mylar set and a CD-ROM disk containing images of the Record Drawings. EXHIBIT "A" Page 4 of 6 Special Services Special Services for the project will proceed under the following eight phases: Phase I - Surveying for Design Phase II - Surveying for Right-of-way and Easements Phase III - Surveying for Construction Control Phase TV - SWPPP Phase V - Geotechnical Investigation Phase VI - Project Reports Phase VII - Landscape & Irrigation Design Phase VIII - Reimbursable Expenses Detailed Scope of Special Services: Phase I - Surveying for Design A. Establish horizontal and vertical control based on the City of Southlake control network. Existing roadway plans will be used to- establish the roadway stationing. Locate existing boundary corners along the roadway alignment. B. Perform field topographic surveys to compile sufficient data for design. Roadway cross - sections at 50 ft. intervals and intersecting streets and driveways extending 75 feet each side of the roadway centerline will be taken except at streets where the sections will extend 150 feet beyond the centerline of White Chapel Boulevard. All improvements and trees fl- inches in diameter and larger within the limits of the cross -sections will be located. C. Obtain field data on existing franchised utilities as located and, if necessary, uncovered in the field by the owner of the utilities. D. Obtain field data on existing City -owned water, wastewater and storm sewer lines. Phase II - Surveying for Right -of -Way and Easements A. Prepare a metes and bounds description and an 8-1/2" x 11" exhibit for right-of-way and permanent easements on a per tract basis. Deliver three reviewed and approved originals to the City. For this proposal ten (10) right-of-way parcels and fourteen (14) right-of-way corner clips are included. Additional parcels will only be done upon approval of fee and scope by the City. B. Set new iron rods at new corners, PC's and PT's of the new right-of-way. EXHIBIT "A" Page 5 of 6 Phase III - Surveying for Construction Control A. Provide horizontal construction control by staking the proposed roadway centerline at 500-foot intervals, PC's, and PT's. B. Provide vertical construction control by establishing two temporary benchmarks, tied into the City's control network, to be used by the Contractor for the project. Phase IV — Storm Water Pollution Prevention Plan (SWPPP) Huitt-Zollars, Inc. will prepare the necessary SWPPP written narrative document for the project in compliance with applicable City, EPA and TCEQ requirements that can be used by the Contactor and City during construction. Phase V - Geotechnical Investigation Huitt-Zollars will contract with a geotechnical-consulting firm to conduct a geotechnical investigation of the project area. The investigation will provide roadway and retaining wall borings to sample and evaluate subsurface conditions along the proposed project alignment. From this data, the geotechnical consultant will develop engineering design parameters for design and construction of the proposed improvements and will provide recommendations regarding these improvements. Phase VI — Project Reports Huitt-Zollars will produce a two sided color project report once every two months outlining the project progress, upcoming events and schedule. The report will be delivered to the City who will print, address and mail the report out to the citizens in the project area. Phase VII — Landscape & Irrigation Design Huitt-Zollars will design and prepare landscaping and irrigation construction documents .associated with the proposed roadway improvements. Tasks will include the preparation of plans, non- standard details, specifications, opinion of probable construction costs, and meetings with City staff to coordinate the design process. Phase VIR - Reimbursable Expenses The City shall reimburse Huitt-Zollars, Inc. for TDLR registration and review fees, mileage, and all printing and other materials as a consequence of the work. The budget for reimbursable expenses shall not be increased without the approval of the City. EXCLUSIONS The intent of the scope is to include only the services specifically listed above and none others. Services specifically excluded from this Scope of Services include, but are not necessarily limited to thefollowing: 0 Computer modeling and routing of wastewater flows. EXHIBIT "A" Page 6 of 6 • Title searches. • Fees for permitting and advertising. • Traffic counts, engineering reports and studies. • Floodplain reclamation plans. • Full time inspection during construction. • Design for trench safety. • Structural designs not included in this scope. • Revisions to plans as a result of changes made after the completion of the original final design (unless to correct errors on the plans). • Drawing of City of Southlake Standard Details for inclusion in the construction plans. • Consulting services by others not included in this scope. • Quality control and materials testing services during construction. • Public Meetings. • Environmental Services, including but not limited to the following: Threatened and endangered species surveys. Wetland delineation and survey. USACE Permit Application and coordination of any kind. Preliminary mitigation and monitoring plans. • Perform subsurface utility engineering in the event excavation is required to locate existing facilities. • Review monthly requests for payment from the Contractor and prepare a recommendation for payment by the City. END OF EXHIBIT "A" EXHIBIT "B" Page 1 of 1 SCHEDULE WHITE CHAPEL BOULEVARD Emerald Boulevard to 300 feet south of Highland Street Activity Completion Date From N.T.P. Notice -To -Proceed June 16, 2008 Surveying for Design August 31, 2008 Geotechnical Investigation August 31, 2008 Preliminary Design Submittal December 8, 2008 Preliminary City Review Complete December 22, 2008 Final Right -of -Way & Easements February 13, 2009 Pre -Final Design Submittal March 22, 2009 Final City Review Complete April 3, 2009 Final Plans Complete May 1, 2009 Advertise for Bids August 2, 2009 Receive Bids August 20, 2009 Begin Construction October 1, 2009 Dates in schedule are subject to change depending on actual `Notice to Proceed' and length of reviews. END OF EXHIBIT "B" FEE SCHEDULE WHITE CHAPEL BOULEVARD Emerald Boulevard to Highland Street CATEGORY OF SERVICE Basic Services: Basic Services — Preliminary Design Basic Services — Final Design Basic Services - Bidding Basic Services - Construction Basic Services Total Special Services: Surveying for Design — Control & Topo Surveying for Right -of -Way and Easements Right -of -Way / Easement Documents ($ 1,000.00 Per Each) Surveying for Construction Control SWPPP Landscape & Irrigation Geotechnical Investigation Project Reports Reimbursable Expenses Special Services Total CONTRACT TOTAL Not to Exceed END OF EXHIBIT "C" EXHIBIT "C" Page 1 of I FEE $ 210,000.00 $ 124,000.00 $ 11,000.00 $ 25,000.00 S 370,000.00 $ 30,000.00 $ 20,000.00 $ 24,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 20,000.00 $ 8,000.00 $ 8,000.00 $145,000.00 S 515,000.00 ty'