HomeMy WebLinkAboutRes 19-17 Agreement for Construction Project Management regarding State Highway 114 with Hodge Associates LLC TOWN OF WESTLAKE
RESOLUTION NO. 19-17
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
ENTERING INTO AN AGREEMENT WITH JERRY HODGE & ASSOCIATES, LLC.
FOR PROJECT MANAGEMENT SERVICES RELATED TO CONSTRUCITON OF SH
114 SERVICE ROADS AND OTHER IMPROVEMENTS, AND AMENDING THE
ADOPTED BUDGET TO PROVIDE FUNDING AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF
WESTLAKE, TEXAS.
WHEREAS, the Texas Department of Transportation is developing plans for the
construction of service roads, "Texas U-Turns", and bridge improvements in Westlake between
FM 1938 and Dove Road; and
WHEREAS, Westlake desires to ensure construction improvements that preserves the
Town's aesthetic and design standards; and
WHEREAS, this project is of great importance to the health, safety, and welfare of the
citizens and economic strength of Westlake; and
WHEREAS, the Town Council find that the proposed contract for project management
services related to SH 114 service road construction is sound infrastructure planning and consistent
with goals and objectives within the adopted strategic plan; and
WHEREAS, the Town Council finds that Town oversight of the service road construction
is necessary and that the Capital Improvement Plan should be amended to allocate appropriate
funding; and.
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby approves the contract
with Jerry Hodge & Associates, LLC for project management services related to construction of
SH 114 service roads and other improvements,attached as Exhibit "A", and further authorizes the
Town Manager to execute the agreement on behalf of the Town of Westlake, Texas.
Resolution 19-17
Page I of 2
SECTION 3: The Town Council of the Town of Westlake hereby approves a budget
amendment to the Capital Improvement Plan for the creation of a SH 114 Service Road Capital
Project and provide funding in the amount of$96,000.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22°d DAY OF APRIL, 2019.
ATTEST: Lau(a Wheat, Mayor
pF WEST
Ke4 Edw , Town Secre y
APPROV S RM:
TEXAS
L. Stanton LAWf, n Attorney
Resolution 19-17
Page 2 of 2
Exhibit A
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT ("Agreement") is entered into this 1st day of April, 2019
effective immediately by and between Jerry Hodge &Associates, LLC ("CONSULTANT")
and the TOWN OF WESTLAKE, TEXAS, a municipal corporation of the State of Texas
("TOWN"). For convenience, the CONSULTANT and the TOWN may sometimes be
referred herein collectively as "parties" and individually as a "party."
WITNESSETH
WHEREAS, TOWN desires to engage the CONSULTANT to provide
comprehensive project management and assistance as more fully described on
Attachment "A" attached hereto and incorporated herein by reference; and
WHEREAS, CONSULTANT agrees to provide such work and services for the
TOWN in accordance with the terms of this Agreement;
NOW, THEREFORE, for the mutual promises set forth herein, and for other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto mutually agree as follows:
1. Employment of Consultant.
(a) TOWN agrees to engage the CONSULTANT and the CONSULTANT
hereby agrees to perform the services described in Attachment"A"attached hereto
and incorporated herein by reference.
(b) Notwithstanding anything to the contrary contained in this Agreement,
TOWN and CONSULTANT agree and acknowledge that TOWN is entering into
this Agreement in reliance on CONSULTANT's special and unique abilities with
respect to public works and project management. CONSULTANT accepts the
relationship of trust and confidence established between it and the TOWN by this
Agreement. CONSULTANT covenants with TOWN to use his best efforts, skill,
judgment, and abilities to perform the work required by this Agreement and to
further the interests of TOWN in accordance with TOWN's requirements, in
accordance with the highest standards of CONSULTANT's profession or business
and in compliance with all applicable national, federal, state, municipal, laws,
regulations, codes, ordinances, orders and with those of any other body having
jurisdiction. The CONSULTANT warrants, represents, covenants, and agrees that
all of the work to be performed by the CONSULTANT under or pursuant to this
Agreement shall be of the standard and quality which prevail among similar
businesses and organizations of superior knowledge and skill engaged in providing
similar services in major United States urban areas under the same or similar
circumstances and involving the work to be performed in accordance with
Attachment "A" attached hereto and incorporated herein. CONSULTANT
Resolution 19-17
Page 1 of 7
warrants, represents, covenants, and agrees that the work he performs will be
accurate and free from any material errors.
2. Term. The term of this Agreement shall be twelve (12) months commencing April 1,
2019. This contract is anticipated to be renewed in subsequent Town fiscal years and
may be extended under the similar terms and conditions by the mutual written
agreement of the parties until the subject project is constructed and completed.
3. Compensation. The TOWN agrees to pay the CONSULTANT a lump sum fee of
$96,000 in order to perform work as described in Attachment "A" attached hereto.
Furthermore, the CONSULTANT agrees not to exceed this amount without receiving
prior written authorization. CONSULTANT agrees that should the need arise for
additional services should arise, CONSULTANT will seek authorization before
proceeding and if requested, supply TOWN with best estimate of the proposed fee
adjustment.
4. Method of Payment. The CONSULTANT shall be paid monthly based on twelve (12)
equal payments of $8,000 per month. Total payments shall not exceed the amount
shown in (3), above. TOWN shall pay invoices within 30 days of receipt; provided,
however, that in the event TOWN requests any supporting documentation for charges,
payment shall be made within 30 days of receipt of the documentation.
5. Changes. TOWN or CONSULTANT may, from time to time require changes in the
scope of services of the CONSULTANT to be performed hereunder. Such changes,
which are mutually agreed upon by and between TOWN and the CONSULTANT, shall
be incorporated in written amendment to this Agreement.
6. Services and Materials to be Furnished by TOWN. TOWN shall furnish the
CONSULTANT with all available information, data, and material CONSULTANT
requests pertinent to the execution of this Agreement. TOWN shall cooperate with
the CONSULTANT in carrying out the work herein and shall provide adequate staff
for liaison with the CONSULTANT. TOWN shall provide project related printing,
meeting accommodations and scheduling of meetings.
7. Confidential Information. CONSULTANT agrees that CONSULTANT shall not use
in any manner, directly or indirectly, any Confidential Information except in promoting
TOWN business, and as necessary in performing his duties under this Agreement;
8. Termination of Agreement. TOWN or CONSULTANT has the right to terminate this
Agreement for any reason upon 30 days' notice to the other party. Upon termination
pursuant to this paragraph, the CONSULTANT shall be entitled to payment of such
amount as shall compensate CONSULTANT for the services satisfactorily performed
from the time of the last payment date to the termination date in accordance with this
Agreement, provided the CONSULTANT shall have delivered to TOWN such
statements, accounts, reports and other materials as required herein, and provided
that CONSULTANT shall have delivered to TOWN all reports, documents and other
materials prepared by CONSULTANT prior to termination. TOWN shall not be
Resolution 19-17
Page 2 of 7
required to reimburse CONSULTANT for any services performed or expenses
incurred after the date of the termination notice.
9. Information of Reports. The CONSULTANT shall, at such time and in form as
TOWN may require, furnish such periodic reports concerning the status of the work to
be performed under this Agreement, and copies of proposed and executed plans and
other information relative to the work performed under this Agreement as may be
requested by TOWN. The CONSULTANT shall furnish TOWN, upon request, with
copies of all documents and other material prepared or developed in relation with or
as part of the work performed under this Agreement. The CONSULTANT shall furnish
TOWN with an electronic copy of all materials prepared or developed in relation with
or as part of the work performed under this Agreement.
10.Records and Inspections. CONSULTANT shall maintain full and accurate records
with respect to all matters covered under this Agreement for a period of six months
after the completion of the work performed under this Agreement, or if litigation relating
to any aspect of this Agreement is commenced within that two year period, until there
is a final, non-appealable judgment or a settlement agreement has been executed
between all the parties. TOWN shall have free access at all proper times to such
records, and the right to examine and audit the same and to make transcripts there
from, and to inspect all program data, documents, proceedings, and activities.
11.Completeness of Contract. This Agreement and the documents incorporated herein
by specific reference contain all the terms and conditions agreed upon by the parties
hereto, and no other agreements, oral or otherwise, regarding the subject matter of
this contract or any part thereof shall have any validity or bind any of the parties hereto.
If there is any conflict between the terms of this Agreement and the documents
attached hereto, the terms of this Agreement shall control. This Agreement may not
be subsequently modified except by a written agreement signed by both parties.
12.TOWN Not Obligated to Third Parties. TOWN shall not be obligated or liable
hereunder to any party other than the CONSULTANT.
13.When Rights and Remedies Not Waived. In no event shall the making by TOWN
of any payment to the CONSULTANT constitute or be construed as a waiver by TOWN
of any breach of covenant, or any default which may exist on the part of the
CONSULTANT and the making of any such payment by TOWN while any such breach
or default shall exist in no way impairs or prejudices any right or remedy available to
TOWN in respect to such breach or default.
14.Final Decisions. Serving as a consultant to the TOWN, CONSULTANT shall advise
all parties that final decisions regarding the projects and programs on which he is
working shall be made by the TOWN Council and/or TOWN Manager.
15.Personnel. All of the services required hereunder will be performed by the
CONSULTANT or under CONSULTANT's supervision, and all personnel engaged in
the work shall be qualified to perform such services.
Resolution 19-17
Page 3 of 7
16.Conflict of Interest. It is understood and agreed to by the parties to this agreement
that Jerry Hodge and Associates, LLC will not represent the Town of Westlake under
this agreement in any requests for funding related to this project as it may be
construed as a Conflict of Interest.
17.Assignability. The parties hereby agree that CONSULTANT may not assign, convey
or transfer its interest, rights and duties in this Agreement without the prior written
consent of TOWN.
18.Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
sufficient if sent by the parties via personal delivery, facsimile, or via United States
certified mail, postage paid, to the addresses noted below:
Amanda DeGan Jerry L. Hodge, President
Town Manager Jerry Hodge & Associates, LLC
Town of Westlake 1213 Huron Drive
1500 Solana Blvd., Ste. 7200 Grapevine, Texas 76051
Westlake, TX 76262
19.Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Venue for any action brought to
interpret or enforce the terms of this Agreement shall lie in Tarrant County, Texas.
20.Authority to Sign. The parties hereby warrant and represent that the undersigned
persons have full authority and are duly authorized to sign on behalf of their respective
principals and that such principals have duly authorized the transaction contemplated
by this Agreement.
IN WITNESS WHEREOF, TOWN and the CONSULTANT have executed this Agreement
as of the date first written above.
TOWN OF WESTLAKE, TEXAS Jerry Hodge & Associates, LLC
By: duz&"_ "4ell By: 1111�I-r-'-X 6—
Amanda DeGan, Town Manager 4erry L. d e, P e ident /
Da a Date
Resolution 19-17
Page 4 of 7
ATTACHMENT A
Consultant shall complete the projects shown below, consulting with TOWN staff as
required.
Scope of Services
SH 114 Frontage Roads between Kirkwood Boulevard and Davis Blvd (FM1938):
• Act as the project team leader for the westbound and eastbound SH114 frontage
roads (Solana Blvd./Kirkwood Blvd. to Davis Blvd.) project including Texas
Turnarounds and coordinate all administrative items and meetings between
stakeholders to include Westlake, the engineer of record, TxDOT, U.S. Army
Corps of Engineers and other agencies including but not limited to Westlake
property owners, other adjacent municipalities and individual parties, as
appropriate and necessary.
• Identify, coordinate and develop any partnering agreements such as
Memorandums of Understanding (MOU's) and inter-local agreements with other
governmental agencies.
• Manage and accelerate, whenever possible, all planned actions and milestones
that are part of the subject project schedule.
• Facilitate and review the development of research of available and necessary
right-of-way to construct said proposed SH114 westbound and eastbound
frontage roads, environmental requirements, public utility relocations, temporary
construction easements and drainage in the project zone by a third-party
consultant.
• Review and coordinate all remaining geometric design schematics (60%, 90%
and 100%) for completeness, accuracy, constructability and any aesthetic
enhancements identified by TOWN staff and coordinate reviews with all affected
stakeholders, where needed,
• Facilitate all activities leading to the successful completion of the environmental
assessment and acquisition of the environmental clearance for the project.
• Represent Westlake in all public involvement activities associated with the
project.
• Manage and coordinate the development and review of the plans, specifications
and Opinion of Probable Cost (OPCC) being developed by third-party
consultants.
Resolution 19-17
Page 5of7
• Facilitate and oversee the development of a design schematic of the proposed
SH114 frontage roads by a third-party consultant.
Intersection Improvements at Solana Blvd./Kirkwood Blvd. and SH 114
• Act as the project team leader in developing an engineered concept schematic,
final plans and estimates to design and construct any remaining intersection
improvements and/or relocation of existing signals at Solana Blvd./Kirkwood
Blvd. and SH114 frontage roads.
• Facilitate and manage the development of research of public utilities and
drainage in the project zone by a third-party consultant.
Davis Blvd (FM1938) and SH114 Intersection Analysis
• Facilitate and manage the development of research of public utilities and
drainage in the project zone by a third-party consultant.
• Act as the project team leader in developing an engineered concept schematic
and estimates to design and construct any remaining intersection improvements
at Davis Blvd. (FM1938) and SH114 frontage roads.
As the lead CONSULTANT on these projects, it shall be the responsibility of
CONSULTANT to:
• Develop a working group of stakeholders including major landowners including
the Town of Westlake, all adjacent landowners, the developer of Entrada,
Fidelity, Blackstone, Harbert Management, TxDOT, and consultants as required.
• Research and develop necessary information for project start-up.
• Interview and submit to TOWN for consideration for hire design consultants as
needed for the project.
• Prepare budget for preliminary and final project costs of utilities.
• Attend and participate weekly construction meetings on site with the TxDOT
contractor and TxDOT construction inspectors and District personnel to ensure
that Change Orders are kept to a minimum and that the project continues on a
timely basis.
• Attend all meetings and make presentations as needed.
• Review all reports by consultants.
Resolution 19-17
Page 6 of 7
• Serve as a member of the Project Construction Team through project
construction completion.
• Review all change orders and recommend action for Town to take, if required.
• Take all complaints from the Town residents and business owners. Deal with all
questions and problems that arise with land owner properties.
• Apply for drive permits for all driveways and deceleration lanes.
• Design plans for the frontage roads on East and West SH114 from Solana
Blvd./Kirkwood Blvd. to Davis Blvd. (FM1938) to include any aesthetic
enhancements identified by TOWN staff.
• Right-of-way and utility relocation.
• Construction management of all projects design and construction.
• Be the primary contact with TxDOT during this process. All requests from the
Town and/or property owners will be presented to me to handle with TxDOT.
• Keep Town staff informed on all aspects of the project.
Resolution 19-17
Page 7 of 7
Form TCG 2270
VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2279
By signing below, Company herby verifies the following:
1. Company does not boycott Israel; and
2. Companys
boycott Israel during the term of the contract.
SIGNED BY:
4�- -7
Print Name of Person:
Signing, Title, and
Company L
Date signed: A Dirt \ a 3 . a o i q
STATE OF TEX9S §
COUNTY OF (y t §
BEFORE ME, the undersigned Notary Public on this day personally appeared, n' a` 9), on
behalf of ! ' V ' (Company) who being duly sworn, stated under oath that h'es e hasp read the
foregoing verifica'ti n re uired by Texas Government Code Section 2270.002 and said statements contained therein
are true and correct.. y� ��.. II
SWORN AND SUBSCRIBED TO before me,this 2,� day of 1-1V 20�Cl .
NOT RY O IC,
FOR THE STATE OF TEXAS
My Qr�om�mm��isssioon Expires:
—Tll CnT` �otsvPus� KELLY EDWARDS
® NOTARY PUBLIC STATE OF TEXAS
MY COMM.EXP 02/03/2022
Government Code § 2270.002. Provision Required in Contract Nr"rF� j��P� NOTARY ID 12408268-8
Effective: September 1, 2017
A governmental entity may not enter into a contract with a company for goods or services unless the
contract contains a written verification from the company that it:
(1) does not boycott Israel; and
(2)will not boycott Israel during the term of the contract.
The following definitions apply:
(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business purposes.
(2) "Company" means a for-profit sole proprietorship, organization, association, corporation,
partnership,joint venture, limited partnership, limited liability partnership, or limited liability company,
including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those
entities or business associations that exists to make a profit.
(3) "Governmental entity" means a state agency or political subdivision of this state.
State law requires verification from a Company for contracts involving goods or services
(regardless of the amount) before the City can enter into the contract.
Contract identifier: aorq - 04
Department: �i�L,l i c W dr k5
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-480721
Jerry Hodge&Associates, LLC
Grapevine,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/23/2019
being filed.
Town Westlake Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
2019-04
Project Management
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
controlling I intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION -
-
My address is Oft 3 HU-M n \JY -7,4 , -7(a 0 51 dc Q .
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in�/ �,zy(> County, State of ,on theC2>day of V ,20_.
(month) (year)
l
Sig of authorized gent o c actin siness entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-480721
Jerry Hodge&Associates, LLC
Grapevine,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/23/2019
being filed.
Town Westlake Date Acknowledged:
04/24/2019
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
2019-04
Project Management
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c