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Item 4CCITY OF SOUTHLAKE MEMORANDUM (May 15, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve Amendment No. 1 to the Engineering Agreement with TranSystems, Inc. for FM1938 Phase 2 landscaping design in the amount of $67,833.42 Action Requested: Approve Amendment No. 1 to the Engineering Agreement with TranSystems, Inc. for FM1938 Phase 2 landscaping design in the amount of $67,833.42 Background Information: FM 1938 is a joint project with the Cities of Southlake and Keller, the Town of Westlake, Tarrant County, the Texas Department of Transportation (TxDOT), and the Regional Transportation Council (NCTCOG — RTC). The Cities of Southlake and Keller, the Town of Westlake, and Tarrant County agreed to provide design engineering services and right of way to TxDOT for the project. This amendment to the engineering contract is for incorporating the Urban Design Study to the FM1938 corridor within the city of Southlake. The original professional services agreement (design contract) in the amount of $1,498,107.13 was approved by the City Council in May 2010. The original contract included a schematic landscape design which was approved by the City Council in November, 2010. Contract Amendment No. 1 with TranSystems is for the development and documentation of the approved schematic design for a series of landscape, hardscape, and site additions for the streetscape and entry development of FM1938 Phase 2, from FM 1709 to the connection of the roadway in Phase 1 at the existing Randol Mill bend. The construction plans for FM1938 Phase 2 will include the following items: • Entry monuments, per the approved schematic design • Secondary icon /markers at identified corners • Amenity pockets at appropriate locations • Sidewalk connectivity along the length of the corridor • Landscape and irrigation improvements within the medians and parkways The proposed amendment brings the total engineering design cost for the FM 1938 Phase 2 Project to $1,565,940.37. Contract Amount Original Contract (May 2010) $ 1,498,107.13 Amendment No. 1 (May 2012) 67,833.42 Total Contract $1,565,940.55 Design plans are currently nearing 90 %. The schedule going forward anticipates that construction will begin in FY2015. Financial Considerations: Funds for Amendment No. 1 are included in the previously approved Capital Improvements Program project budget. Strategic Link: The construction of FM1938 Phase 2 links to the city's strategy map relative to the focus areas of Mobility, Infrastructure and Performance Management and Service Delivery. The specific corporate objectives that are met by the construction of this project include Providing travel convenience within the City and the region, Providing high quality customer service, and Investing to provide and maintain high quality public assets. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve the Amendment to the existing Professional Services Agreement or deny it. Supporting Documents: Location Map TranSystems Inc. Amendment No. 1 Staff Recommendation: Approve Amendment No. 1 to the Engineering Agreement with TranSystems, Inc. for FM1938 Phase 2 landscaping design in the amount of $67,833.42 Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer AMENDMENT AGREEMENT The Agreement for Engineering Services dated the 4th day of May 2010 entered into between TranSystems Corporation as Engineer [PRIME CONSULTANT] and City of Southlake, Texas as Citv [Owner], for good and valuable consideration including the promises and agreements set forth hereafter is hereby amended, modified, and revised as follows: Whereas the CITY contemplates improvements to FM 1938 from FM 1709 (Southlake Blvd) to the Randol Mill Bend and intends to include development and documentation of the approved schematic design (completed under previous agreement) for a series of landscape / hardscape / site additions for the streetscape and entry development. 2. In accordance with V. Article Additional Services City agrees to compensate Engineer for additional services requested by the City. 2. III. Article Compensation for Engineering Services is hereby amended so that the hourly basis plus expenses is increased by $67,833.42 to an amount not to exceed $760,733.58 with a total not to exceed cost ceiling of $1,565,940.55. 3. I. Article Engineering Services Paragraph A. Scope of Work is hereby amended to include the services listed in Attachment C -1. All other terms and conditions of said original agreement identified hereinabove that are not expressly amended, modified, and or revised by this Amendment Agreement, shall remain unchanged and in full force and effect. The undersigned being the authorized representatives of the contracting parties identified herein, have executed this Amendment Agreement to make it binding upon the parties hereto effective this day of 20 City of Southlake Attest: John Terrell, Mayor Alicia Richardson, City Secretary Engineer: TranSystems Corporation Consultants d /b /a TranSystems Corporation as Raul Pena, III, Senior Vice President Agr Amend November 11, 2011 Revised December 5, 2011 TranSystems Mr. Michael F. Brown, P.E. 500 W. Seventh Street, Suite 1100 Fort Worth, Texas 76102 RE: FM 1938 / Davis Boulevard — Construction Documents Phase Southlake, Texas TBG Project #F11522 Dear Mr. Brown: The Broussard Group, Inc. dba TBG Partners (TBG) is pleased to submit this proposal for professional design services. This document serves as a scope of services for the above - mentioned project between TBG (Consultant) and TranSystems (Client). TBG has prepared a scope of services for your project, to be used in a team approach with other professional consultants included herein: structural and MEP engineers. The anticipated extent of the project includes the development and documentation of the approved schematic design (completed under previous agreement) for a series of landscape / hardscape / site additions for the streetscape and entry development on FM 1938 (Davis Boulevard) from FM 1709 (Southlake Boulevard) to Randol Mill in Southlake, Texas. This Agreement is by and between TBG Partners (TBG) and TranSystems (Client), Fort Worth, Texas. SITE DEVELOPMENT TBG will prepare and develop the site design and implementation documents to include the following: A. Primary entry monumentation at up to two (2) locations, per the approved Schematic Design package; B. Secondary icon / markers at identified corners; C. Amenity pockets at approved locations (from SD), with minor adjustments to coordinate with adjacent neighborhood development; D. Sidewalk connectivity over entire length of development; E. Landscape and irrigation improvements for all areas. 108 West 8` Street, Suite 400A, Fort Worth, Texas 76102 TEL 817.914.6655 WEB www.tbg - inc.com Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 2 ENGINEERING The Client will provide engineering services including design of driveways, curb and gutter, wet utilities on the site and required engineering permits. Structural and MEP engineering for site and landscape improvements are included within this scope of service. PROPOSAL INCLUSIONS TBG understands the following to be included within this proposal: A. This project will be delivered as one (1) construction document package for the specific areas of the project noted above. Division of documents into multiple phases or releases may result in additional services. B. TBG will coordinate with the client for their work scope as they relate to the landscape architectural design elements within this project, (civil engineering, and retaining walls). Fees for these consultants have been specifically excluded from this scope of service. C. TBG proposes to prepare construction documents in ACAD format. No services are proposed herein utilizing BIM / Revit platform. PROPOSAL EXCLUSIONS TBG understands the following to be excluded from this proposal: A. Work associated with value engineering exercises and related document revisions once construction has commenced B. Document revisions relating to design -build contractor work scope, submittals or design changes C. As -built project documentation (assumed to be provided by Contractor /Construction Manager) D. The submission of LEED documentation to the USGBC E. Provision of base sheets at controlled scale in a form acceptable to TBG F. Existing site engineering and utility base information G. Civil engineering for site improvements including roads, underground drains, curbs and gutters and engineering grading plan H. Structural soils testing 1:1 -1 [R{ K119:[1l961 a IATJ I Q:� A. Schematic Landscape Design (SD) — Complete Under Previous Authorization B. Public Agency Approvals / Permits 1. Purpose The purpose of this task is to ensure conformance with local, state and federal regulations. To the extent necessary, TBG will identify any variances which may be necessary to conform to jurisdictional requirements. Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 3 Process - as a part of this phase of service, TBG will: a. Provide a complete jurisdictional review to identify any variances between design recommendations and requirements of entitling agencies b. Prepare submittal documents for City of Southlake landscape site plan approval c. Provide submittal documents at 60% and 90% to be included under cover of client's TxDOT submissions for interim reviews. d. Prepare submittal documents for TDLR review and approval, to be bound with and submitted by the Project Engineer (assumed to be prepared during the Construction Documents phase) 2. Products: a. City of Southlake landscape site plan submittal shall be in a scale and format to match the Civil Engineering documents, and will be submitted under cover of the engineers submittal; b. TxDOT 60% and 90% submissions for inclusion in client's interim review submissions c. TDLR submittal shall be at a minimum scale of 1 "= 20'. and will be of sufficient detail to secure necessary reviews and approvals C. Design Development (DD) / Construction Documents (CD's) 1. Purpose We propose to combine Design Development and Construction Documents as one phase. This will allow for final selection of site hardscape and landscape materials and features in coordination with final design, and documentation for them within interim and developing construction document submissions. As a part of this task, TBG will update the estimate and prepare color keyed documentation over construction documents to allow for final review and approval. 2. Upon the Client's approval of the DO plans and receipt of jurisdictional approvals, TBG will develop working drawings and technical sections of specifications to construct the work. TBG will coordinate with the Project Engineer for packaging of CD's to meet bidding and scheduling requirements. 3. TBG shall prepare working drawings and technical sections of specifications to reasonably conform to applicable codes and regulations of governmental bodies having jurisdiction over the work at the time of preparation. 4. TBG will coordinate all construction documents with all members of the design team, including other consultants hired directly by the Client. 5. Products for construction document package will include (in ACAD format): a. Site Hardscape Layout and Materials Plans b. Landscape Grading and Drainage Plans; c. Planting Plans d. Irrigation Plans e. Site Furnishings f. Landscape Lighting (including electrical circuitry) g. Details (Hardscape, Softscape, Structural) h. Specifications (Technical Sections only) i. Bid Forms (contract forms, special and general conditions by Owner) Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 4 6. Construction documents will be packaged to coordinate with civil documents, and will be submitted for milestone reviews with TxDOT and City of Southlake as required (60% and 90 %). Redline revisions will be provided for each submittal. 7. Meetings: TBG will attend coordination meetings in Fort Worth or Southlake, Texas through completion of the construction documents phase. DEVELOPMENT BUDGETS A. As part of the previously approved SO Phase, a development budget for all items of work under the scope of services was established. No further estimating is provided for within this scope of service. B. In the event that the approved development budget is reduced or increased by more than 20% between the time of approval of Design Development and the time of award of a construction contract, cost of modification of drawings and specifications to meet the changed project budget shall be considered Extra Services. ADDITIONAL SERVICES Additional Services are services which may be needed by the Client, but which are not included in the Basic Services. Additional Services will be provided only with prior written approval of the Client, and may include the following: A. Bidding / Negotiation and Construction Observation phases — which may be negotiated upon receipt of written request B. Preparation and presentation of graphic exhibits other than those described in the Basic Scope of Services, including 3D presentation perspectives C. Revisions and changes to completed drawings after acceptance by the Client. D. Providing services if, in Guaranteed Maximum Price (GMP) projects, the construction budget for TBG scope items is reduced through no fault of TBG. FEES FOR PROFESSIONAL SERVICES A. Fees for Basic Services Basic Services will be provided on an hourly basis and will not exceed $57,000 without prior written authorization. Fee includes structural engineering services ($4,000), and electrical engineering services ($3,000). B. Fees for Additional Services Services described as Additional Services will be provided for a fixed sum amount to be agreed upon prior to commencement of the work. Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 5 REIMBURSABLES The following costs shall be reimbursed at cost and are not included in the fee for professional services. For budgeting purposes, we estimate these expenses will not exceed $6,500.00. TBG will not exceed this amount without prior written approval (approval of supplemental agreement). A. Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract B. Travel associated with the project, including, but not limited to, mileage ($0.555 /mile), airfare, automobile rental, hotel and meals C. Cost of postage and shipping expenses other than first class mail D. Long- distance telephone and facsimile charges E. Cost of digital scanning F. Cost of printing for small and large format plots black and white as well as color plots G. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents approved in advance by the Client H. Fees for additional consultants retained with the approval of the Client We would be pleased to answer questions you may have or to clarify the various points above. If this proposal meets with your approval, please sign below and return one copy for our files. Sincerely yours, TBG Partners Jim Manskey _ Principal Accepted: TranSystems Title: Date: Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 6 The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2 -350, Austin, Texas 78701, telephone (512) 305 -9000, has jurisdiction regarding complaints of the professional practices of persons registered as landscape architects in Texas under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration Law, Article 249.c, Vernon's Texas Civil Statutes. Proposal copyright ©2011 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Partners. Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 7 CONTRACT TERMS AND CONDITIONS B. Effective Date Payment This agreement shall become effective upon its execution by the Client or when the Client provides written authorization to TBG to begin its work. C. Standard of Care TBG will perform its services in accordance with the standard of care expected of landscape architects doing projects of similar scope in the State of Texas. In performing these services, TBG cannot ensure perfection and therefore does not make any warranties, either expressed or implied, as to the quality of its services or of its drawings. To the extent that TBG is relying upon documents supplied to it by the owner or the owner's consultants, it shall be entitled to rely upon the accuracy of those documents in preparing its drawings. D. Guaranty of Certifications Unless specifically provided for elsewhere in this Agreement, TBG Partners makes no warranties, representations or guarantees that the project will actually achieve or receive any certification by Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the U. S. Green Building Council, or any other similar state, local or national environmental building program. Similarly, unless otherwise provided for in this Agreement, TBG Partners makes no warranties, representations or guarantees regarding the energy use or operating costs or expenses of the project. E. Parties to this Agreement This is a professional services agreement which TBG is entering into for the exclusive benefit of the Client. There are no intended third -party beneficiaries of the agreement, and both TBG and the Client agree not to assign this agreement or any causes of action which arise under it without the express consent of the other party. F. Instruments of Service The drawings, specifications, computer files, electronic media, field data, notes and other documents prepared by TBG Partners for this project are Instruments of Service for use solely with respect to this Project. TBG shall be deemed the author or creator of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. All Instruments of Service produced by TBG shall be released to Client as Adobe PDF files, and not in the native format available through programs including, but not limited to, InDesign, AutoCAD or other proprietary formats. By execution of this Agreement, TBG grants to the Client a limited, non exclusive license to use the Instruments of Service provided to Client for purposes of constructing, using, and maintaining the Project, provided that the Client substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. In the event of nonpayment by Client of any sums due for more than sixty (60) days, this license shall automatically terminate. The license provided under this Agreement shall not extend to the use of Consultant's Instruments of Service on any other Project, nor does it grant Client any rights in Instruments of Service or other documents or files not specifically provided to Client, including without limitation Consultant's electronic files used in the development of the Instruments of Service, such as AutoCAD or InDesign files. Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 8 Upon completion of the services and payment in full of all monies due TBG, Client may retain copies of the Instruments of Service provided under this Agreement. Such documents are not licensed for, or intended or represented to be suitable for, reuse on extensions of the Project or on any other project. Additionally, any reuse of such documents without written verification or adaptation by TBG for the specific purpose intended (for which Client shall pay TBG compensation at rates mutually agreed upon) will be at Client's sole risk and without liability or legal exposure to TBG, or TBG's independent professional associates or consultants. G. Idemnification /Release of Drawings In the event of termination of this Agreement, and TBG's services are not continued through the completion of the Project for any reason, the Client shall be permitted to use the Instruments of Services prepared by TBG and provided to Client, under the following conditions: 1. With the release of TBG's documents (including any electronic files), TBG and its consultants shall have no liability in connection with the drawings and specifications. 2. The Client shall (and shall require any other design professionals engaged by TBG to complete the improvements on the property to) release, indemnify, defend and hold harmless TBG from any and all losses, claims, expenses or liabilities arising from (i) the use of TBG's Instruments of Service as may be used, revised and /or altered and (ii) the completion of the improvements on the property; and 3. TBG and its subconsultants shall have been paid in full for services, materials and reimbursables provided through the date of termination. H. Statements and Payment Fees for professional services and reimbursable expenses will be invoiced to the Client monthly based on the percentage of the work completed for each task. A task -by -task description of work performed will be submitted with each invoice at the Client's request. TBG reserves the right to suspend services in the event that invoices exceeding a total amount of $5,000 remain unpaid for more than thirty (30) days. I. Termination The Client may terminate this agreement upon written notice to TBG, in which event the Client shall compensate TBG for all work performed by TBG prior to termination. TBG may terminate this agreement upon ten (10) days' written notice to owner after the occurrence of any of the following: 1. The Client's failure to pay TBG's invoices within thirty (30) days; 2. Suspension of the project for more than sixty (60) days; 3. The Client's material default of any terms of this agreement; or 4. The Client's failure to execute this agreement. Mr. Michael F. Brown November 11, 2011 Rev. December 5, 2011 Page 9 J. Risk Allocation TBG will be responsible only for its own work and not for defects in the work designed or built by others. TBG will not be responsible for consequential damages either to the Client or to other members of the construction team, including without limitation damages for delay or for construction inefficiencies for any cause whatsoever; In no event shall TBG be liable for damages to the Client, assignees, the contractor or its subcontractors for any claims or damages in excess of the amount of the fees paid to TBG by the Client. K. Dispute Resolution As a condition precedent to either the Client or TBG's filing of any claim in litigation, the President of TBG and the Client shall meet within thirty (30) days of a request by either party to attempt to resolve the dispute. TBG will not be required to participate in any mediation or arbitration proceeding with any parties other than the Client without TBG's consent. In the event of a dispute, neither TBG nor the Client shall be entitled to the award of attorneys' fees. Venue for any dispute arising out of the services provided by TBG under this agreement shall be in the District Court of Travis County, Texas. Any applicable statute of limitations shall commence to run and any cause of action shall be deemed to have accrued not later than the date of substantial completion of the project on which TBG's services are provided. L. Revised Project Budget If the project budget defined by the scope of services is increased or decreased by more than ten percent (10 %) after the design /development phase of the work, the time and effort required to redesign the project within the new budget will be considered additional services to this agreement. M. Additional Services Additional services are services that may be needed by the Client, but which are not included in the basic services. Additional services will be provided only with prior approval of the Client, and include but are not limited to the following: 1. Preparation and presentation of graphic exhibits other than those described in the basic scope of services. 2. Revisions and changes in drawings, specifications or other documents previously given by the Client, or the preparation of alternates or deductive change orders requested by the Client. 3. Preparation of record drawings or of measured drawings of existing conditions. 4. Providing prolonged construction observation should the construction time be substantially extended through no fault of TBG. 5. Providing services if, in Guaranteed Maximum Price (GMP) projects, the construction budget for TBG scope items is reduced through no fault of TBG.