Item 4F MemoCITY OF)USOUTHLAK-E
MEMORANDUM
(November 6, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve Professional Services Agreement with MLA
Consulting, L.L.C. for the Lonesome Dove Water Line
Connector and the Shady Oaks Drive Roadway and Utility
Improvements in the amount of $122,425.
Action
Requested:
Background
Information:
Approve Professional Services Agreement with MLA Consulting,
L.L.C. for the Lonesome Dove Water Line Connector and the
Shady Oaks Drive Roadway and Utility Improvements in the
amount of $122,425.
The Lonesome Dove Water Line Connector consists of
approximately 1,200- linear feet of 8 -inch water line necessary to
complete the connection from Palo Duro /Lonesome Dove to Burney
Lane /Lake Drive. The existing 2 -inch water line will be replaced
with a standard 8 -inch water main. This project will also complete
the necessary loop in the water distribution system which currently
serves the residents of Lonesome Dove Estates.
The Shady Oaks Drive Utility and Roadway Improvements consists
of the design of an 8 -inch water line and a 12 -inch sanitary sewer
line. The improvements are approximately 3,400 - linear feet and
will extend from the northern property line of Durham Elementary
School to Fox Glenn. The addition of the sanitary sewer main will
serve the residents on Shady Oaks Drive which are currently on
septic systems. In accordance with current city policy, septic -to-
sewer incentive will be offered to residents who connect to the
sewer system within the specified time periods of 180 days (100%
tap fee waiver) and 365 days (50% tap fee waiver). The proposed
sanitary sewer main will also enable the City to eliminate the 4 -inch
force main located in front of Durham Elementary School along with
two lift stations. Shady Oaks Drive will be reconstructed with an
asphalt surface course and concrete ribbon curb. The street typical
section will not be widened.
Financial
Considerations: This project is being funded from the Utility Fund as part of the
2012 Capital Improvements Program. The budget for this project is
$250,00.00.
Strategic Link: This project links to the city's strategy map relative to the focus
areas of Infrastructure, Performance Management and Service
Delivery. The specific corporate objectives that are met by the
construction of these improvements include: Invest to provide and
maintain high quality public assets and improve performance of
delivery and operational processes.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve the Engineering Services Agreement
or deny it.
Supporting
Documents: Location Maps
Engineering Services Agreement
Staff
Recommendation: Approve the Engineering Services Agreement with MLA Consulting,
L.L.C. in the amount of $122,425.00.
Staff Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Alejandra Ayala, P.E., Civil Engineer
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Legend
- 6
�PROPOSED IMPROVEMENTS
MLA CONSULTING
ENGINEERS & PLANNERS
October 25, 2012
Ms. Cheryl Taylor, P.E.
Assistant City Engineer
City of Southlake
1400 Main Street
Southlake, Texas 76092
Re: Lonesome Dove Water Line Connector/ Shady Oaks Roadway and
Utility Improvement Project
Dear Ms. Taylor,
MLA Consulting, LLC, (MLA) is pleased to submit this proposal ( "the Agreement ") to the City
of Southlake (Client) for engineering, surveying and construction administration services on the
above referenced projects. The scope of services, schedule, and fee are attached. We really
appreciate the opportunity to provide services to the City of Southlake on this project.
MLA will provide the following services related to the project.
Scope of Services
1. Survey
1.1. Data Collection and Property Research
1.1.1. Gather existing plat information
1.1.2. Collect property owner and record information
1.1.3. Gather existing right -of -way and easement information. Identify easements available
through typical research methodologies (i.e. plats, court house filings, etc.). Undocumented
easements may not be identified.
1.1.4. Coordinate with DIG TESS to locate and mark existing franchise and public utilities prior to
performing the field survey.
1.1.5. Prepare notification letters for adjacent property owners and send after City approval and
signature.
1.1.6. Coordinate with the City of Southlake regarding property access for survey.
1.2. Design Survey
1.2.1. The limits of the survey shall be the intersection of Palo Duro Trail and Lonesome Dove
Road to the intersection of Burney Lane and Lake Drive (Lonesome Dove Road Water
Line). The limits of the survey shall be from approximately 900 feet south of the
intersection of Highland Road and Shady Oaks to the intersection of Fox Glen and Shady
Oaks (Shady Oaks Paving and Utility Improvements). The survey shall include the existing
right -of -way width (approx. 50').
1.2.2. Establish up to 4 temporary benchmarks (tied to City established monumentation).
1.2.3. Establish a vertical control benchmark circuit as needed throughout the project and tie to
existing City control monuments. City to provided established monument information for
the area.
1.2.4. Perform a field survey to identify and locate existing topographic elements within the
project area including, but not limited to the following:
• Property corner monumentation
• Existing pavement, curbs, sidewalks, barrier free ramps, etc.
• Driveways
MLA Consulting, LLC • 555 Republic Drive, Suite 430 • Plano, Texas 75074 • Phone: 972 - 578 -9300 • Fax: 214 - 242 -2422
• Outfalls, bridges, and erosion control
Existing driveway culverts and swales
• Guardrails
• Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles,
power poles, utility marker, other public utilities, and franchise utilities.
• Traffic signal poles, cabinets, and other signal equipment
• Signs (excluding temporary signs)
• Trees, including species and caliper (for 6" caliper and up)
• Buildings and permanent structures
• Existing Retaining walls located within the corridor
• Fence limits and material types (excluding temporary fences)
• Existing cleanouts
• Finished floor elevations of existing residences
• Other applicable physical features that could impact design
• Prepare field notes
1.2.5. Prepare and submit a final topographic drawing in digital format, ACAD, (including
contours and break lines) showing the features located in the field, and ASCII coordinate
file of the points located in the field, and a hard copy of the coordinates and feature
descriptions.
1.2.6. City may pothole utilities as needed.
2. Right -of -Way / Easement Instruments of Conveyance
2.1. Prepare easement instruments (narrative and graphic exhibits of easements required for City
utilities, temporary construction, etc.) as needed.
2.2. Prepare Right of Way (ROW) instruments (narrative and graphic exhibits of ROW conveyance
documents required for City utilities, temporary construction, etc.) as needed.
2.2 Individual parcel exhibits shall be on 8112" x 11" paper, shall be sealed, dated and signed by a
registered professional land surveyor, and shall contain the following:
2.2.1 Parcel number
2.2.2 Area required
2.2.3 Area remaining
2.2.4 Legal description
2.2.5 Current owner
2.2.6 Any existing platted easements or easements filed by separate instrument including
easements provided by utility companies
2.2.7 All physical features
2.2.8 Metes and bounds description of parcel to be acquired. The description shall be provided on
a separate sheet from the exhibit. Each type of easement shall be described separately.
3. Geotechnical Services (by subconsultant)
3.1. Along the roadway alignment, drill and extrude two (2) sample borings to depths of 8 to 10 feet
below existing grade using truck mounted equipment. Additional samples, if necessary, will be
provided as Additional Services as authorized in writing by the City.
3.2. Provide laboratory services and an engineering report presenting:
• Sample boring location map
• General soil and groundwater conditions
• Recommendations for pavement subgrade stabilization type and concentration
• Guidelines for HMAC pavement design.
• Earthwork recommendations
3.3 The geotechnical engineer's recommendations shall be relied upon and incorporated by MLA for
pavement design.
3.4 Submit one (1) copy of the geotechnical report to the City.
MLA Consulting, LLC • 555 Republic Drive, Suite 430 ■ Plano, Texas 75074 • Phone: 972- 578 -9300 • Pax: 214 -242 -2422
4. Public Involvement
4.1. Attend one (1) neighborhood meeting to be held at City Hall.
4.2. Prepare up to two (2) color exhibits illustrating the project limits for the public meeting
5. Preliminary Design
5.1 Project Management
5.1.1 Coordinate with subconsultants (geotech, survey)
5.12 Project administration
• Prepare project correspondence and invoicing documents
5.2 Data Collection (City to provide if available)
5.2.1 Roadway
• City design criteria
• City standard details
• Applicable city ordinances
• Construction contract document standards
• Proposed / existing development plats
• Existing storm drainage facilities and utilities / record drawings
5.3 Project Site Visits (Up to four (4) trips)
5.4 Roadway
5.4.1 Prepare preliminary plan and profile, including:
• Control data
• Existing right -of -way
• Existing topography
• Existing pavement
• Proposed centerline alignment
• Proposed ribbon curb
• Existing trees
• Existing driveway locations
• Existing storm drain locations
• Existing water line locations
• Existing sanitary sewer line locations
• Existing franchise utility locations (as provided by franchise utilities and DigTess
markings)
• Existing street profile
5.5 Drainage
5.5.1 There are no significant drainage improvements anticipated in this scope. Engineering
services for drainage improvements may be provided as Additional Services upon written
authorization by the City.
5.6 Utilities
5.6.1 Public
• Establish the location of existing public utilities based upon information provided by
the City and field survey
• Preliminary plan of a new 8" sanitary sewer line for the Shady Oaks Paving and
Utility Improvements
• Preliminary plan of a new 12" water line for the Shady Oaks Paving and Utility
Improvements
• Preliminary plan of a new 8" water line for the Lonesome Dove Road Water Line
5.7 Compile a preliminary opinion of probable construction cost for the entire project using recent
average bid prices for similar construction.
MLA Consulting, LLC • 555 Republic Drive, Suite 430 ■ Plano, Texas 75074 - Phone: 972- 578 -9300 . Fax: 214- 242 -2422
5.8 Preliminary Design Submittal
5.8.1 Submit three (3) copies to the City for review and comment at 30% complete, 60 %
complete and 90% complete.
6. Final Design
6.1. Project Management
6.1.1. Project Communication
• Conduct progress meetings to monitor the development of the project
6.1.2 Project administration
• Prepare project correspondence and invoicing documents
6.2 Two (2) Project Site Visits
6.3 Roadway
6.3.1 Incorporate preliminary design review comments
6.3.2 Prepare plan /profile sheets, including the following information in addition to the
preliminary design submittals;
6.3.2.1 Proposed easement locations (if any)
6.3.3 Compile applicable City standard details.
6.3.4 Prepare roadway details as needed to clarify design intent
6.4 Utilities
6.4.1 Incorporate the preliminary design submittal review comments
6.4.2 Prepare the plan sheet for the proposed 8" waterline from Palo Duro trail to Lake drive
along Lonesome Dove road and Burney lane
6.4.3 Prepare plan and profile sheets for the proposed 12" waterline and proposed 8" sanitary
sewer line from Highland street to Fox Glen along Shady Oaks
6.4.4 Prepare utility details as needed to clarify design intent
6.4.5 Compile applicable City standard details
6.5 Final Design Submittal
6.5.1 Submit three (3) full size copies of plans and specifications to the City for review and
comment
6.5.2 Submittal shall include the following:
• Final Design Plans
• Contract Documents
• Standard construction contract forms
• Notice to bidders
• Special instructions to bidders
• Bid form
• Standard construction contract
• Performance bond
• Payment bond
• Maintenance bond
• Certificate of insurance
• General conditions
• Special provisions
• Technical Specifications (NCTCOG)
• Opinion of probable construction cost
6.5.3 Incorporate final design review submittal comments
6.5.4 Final design submittal for bidding
• Submit three (3) full size sets of plans and specifications to the City
Bidding Phase
7.1 Final Bid Documents
7. I.2 Print sets for bidder distribution. A non - refundable deposit will be collected from
planholders to pay for printing costs
7.1.3 Prepare bid documents
MLA Consulting, LLC ■ 555 Republic Drive, Suite 430 - Plano, Texas 75074 • Phone: 972 -578 -9300 • Fax: 214 -242 -2422
7.2 Issue bid documents to prospective bidders
7.3 Maintain a list of bidders to whom bidding documents have been issued
7.4 Issue addenda as appropriate to interpret, clarify, or expand the bidding documents
7.5 Attend a bid opening
7.6 Tabulate the bids received and evaluate the compliance of the bids received with the bidding
documents
7.7 Prepare a written summary of this tabulation and evaluation together with a letter addressing the
award of the construction contract
Construction Contract Administration
8.1 Project Management
8.1.2 Conduct progress meetings as necessary with the city and contractor during construction
of the project
8.1.3 Prepare for and conduct a preconstruction conference prior to commencement of work
8.1.4 Issue clarifications and interpretations of the contract documents to the City as
appropriate to the orderly completion of the Contractor's work. Clarifications and
interpretations will be consistent with the intent of the contract documents. Field orders
authorizing variations from the requirements of the contract documents will be made by
the City or the City's authorized representative.
8.1.5 Recommend change orders to the City as appropriate. Review and make
recommendations related to change orders submitted or proposed by the contractor.
8.1.6 Review and approve or take other appropriate action in respect to shop drawings or
samples and other data which contractor is required to submit, but only for conformance
with the information given in the contract documents and compatibility with the design
concept of the completed project as a functioning whole as indicated in the contract
documents.
8.1.7 Evaluate and determine the acceptability of substitute or "or equal" materials and
equipment proposed by the contractor in accordance with the contract documents.
8.1.8 Promptly conduct a site visit, once notification is received from the contractor that work
is ready for its intended use, to determine if work is substantially complete
8.1.9 Prepare project record drawings based on information provided by the contractor and / or
City as to the actual field placement of the work including any changes or deletions.
MLA will provide the following:
• One (1) set of blackline 22" x 34" record drawings
• One (1) set of .pdf electronic record drawings
• One (1) copy of record drawings in CAD format (Autocad — latest version)
« One (1) shapefile with applicable improvements
• One (1) set of .pdf electronic record drawings
• One (1) set of .tiff electronic record drawings
9 Complete construction staking of proposed improvements, according to construction plans,
9.1 MLA will provide horizontal and vertical control and benchmark staking one time to be used
throughout construction. Additional staking, if necessary, will be considered an Additional
service.
Additional Services
Any items requested by the Client that are not specifically outlined in the above scope will be
considered an addition to this contract and may be provided as requested and authorized by the
Client according to the hourly fees listed as Exhibit A attached hereto.
MLA Consulting, LLC ■ 555 Republic Drive, Suite 430 • Plano, Texas 75074 - Phone: 972- 578 -0300 a Fax: 214- 242 -2422
Schedule
With respect to the schedule of services to be performed under this agreement, the services are to
commence upon execution of this agreement.
Professional Fees Summary
Basic Services
Preliminary Design and Specifications $60,300
Final Design and Specifications $12,800
Bidding Phase $4,000
Construction Contract Administration $24,200
Record Drawings $ 200
Additional Services
Public Involvement $4,800
Easement Documents (1 parcel @ $7501 each) $750
ROW Documents (1 parcel @ $1,000/Each) $1,000
Subconsultant Expenses
Topographical Design Survey $7,875
Geotechnical Investigation $5,500
{Construction Staking $1,000
Total Anticipated Budget $122,425
MLA Consulting, LLC ■ 555 Republic Drive, Suite 430 ■ Plano, Texas 75074 • Phone: 972 - 578 -9300 • Fax: 214-242-2422
*It is anticipated that up to 1 easement document may be required to accommodate the proposed
utility improvements. Easement documents will be prepared on an as needed basis as determined
during the survey phase of the project. No easement documents will be prepared without the
consent and authorization of the City.
We look forward to working with you on this project. Please contact me at anytime if you have
any questions.
Michael James, P.E.
Executive Vice President
MLA Consulting, LLC
MLA Consulting, LLC • 555 Republic Drive, Suite 430 • Plano, Texas 75074 • Phone: 972 - 578 -9300 , Fax: 214 -242 -2422
EXHIBIT "A"
STANDARD RATE SCHEDULE
Classification Hout Rate
Principal $150
Project Manager/Project Engineer $100
Graduate Engineer /Senior Technician $85
Technician/Draftsman $75
Administrative Assistant $55
Construction Manager $100
Surveyor (RPLS) $125
Survey Field Manager $90
Survey Office Manager
$90
Survey Crew (2 Man)
$125
Survey Crew (GPS)
$125
Landscape Designer
$90
MLA Consulting, LLC ■ 555 Republic drive, Suite 430 ■ Plana, Texas 75074 ■ Phone: 972 -578 -9300 • Fax: 214 - 242 -2422
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 20_ by and
between the City of Southlake, Texas (hereinafter referred to as "CITY "), and MLA
Consulting, L.L.C. (hereinafter referred to as "ENGINEER ").
WHEREAS, CITY contemplates the need to construct a 12 -inch water line and
an 8 -inch sanitary sewer line along Shady Oaks Dr. between Fox Glen and
Durham Elementary School and construct an 8 -inch water line along Lonesome
Dove Ave. between Gravel Cir. and Lake Dr. This project is to be known as the
Lonesome Dove Water Line Connector and the Shady Oaks Roadway and Utility
Improvements Project 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
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ENGINEER's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
D. Coordination With 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
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contract. Finally, Engineer warrants that it has submitted to the City a completed
Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local
Government Code.
I. Approval by CITY.
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees,
and subcontractors for the accuracy and competency of the Services performed under
this Agreement, including but not limited to surveys, designs, working drawings and
specifications and other engineering documents.
Such approval shall not be deemed to be 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.
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L. Successors and Assigns.
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right -of -way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within
reasonable time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
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
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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
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 a lump sum fee (as outlined in Attachment 1) of $122,425.00 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 555 Republic Drive, Suite 430,
Plano, Texas 75074.
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;
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2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such
inspection is not required, in writing, by the CITY;
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
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this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project design is planned to be completed
so that the construction contract can be awarded by July 5, 2013. 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 James, P.E., C.F.M.
Page 8 of 10
Executive Vice - President
555 Republic Drive, Suite 430
Plano, Texas 75074
Phone: (214) 533 -6482
Fax: (214) 242 -2422
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of
this Agreement either void or unenforceable. All provisions, which are void or
unenforceable, 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:
Shana Yelverton, City Manager
ATTEST:
City Secretary
Page 9 of 10
ENGINEER:
By:
Michael Jame E., Vice President
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared Michael James known to me to be
the person whose name is subscribed to the foregoing instrument and that he/she is
the duly authorized Vice President of MLA Consulting, LLC, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 0 1- 1 day of , 2012.
�YP PGY�4� LORI LUSK
Notary Public, Stare L20PI4 s
..�� My commission
November 24,
(SEAL)
Notary Public, State of Texas
['04 . I /�[ S"L
Notary's Name Printed
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