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Item 4C - MemoCITY OF SOUTHLAKE MEMORANDUM (November 2, 2021) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4C Subject: Approve Supplement Agreement No. 1 with Teague Nall and Perkins, Inc. (TNP) to provide additional engineering design services for the Southlake Glen Erosion Improvements project in an amount not to exceed $100,000. Action Requested: Approve Supplement Agreement No. 1 with Teague Nall and Perkins, Inc. (TNP) to provide additional engineering design services for the Southlake Glen Erosion Improvements project in an amount not to exceed $100,000. Background Information: In FY 2020, the City Manager's Office (CMO) approved an Engineering Services Agreement (ESA) for the Southlake Glen Erosion Improvements Project in the amount of $48,410. This project is located in the open space associated with the Southlake Glen subdivision near North Kimball Avenue and Kirkwood Boulevard, designated as Gateway Lakes Park. The project at Southlake Glen aims to protect existing public infrastructure by constructing stone -filled baskets for bank protection to address the significant erosion adjacent to, and downstream of, the park's southeastern -most pond. The continued erosion along the bank could result in breaching of the pond next to the channel. This project is required for emergency preparedness and to prevent damage to the public park and public infrastructure, most notably a sanitary sewer line that runs parallel to the stream. In January 2020, the City took safety action and removed the pedestrian bridge connecting the trail due to significant erosion that was exposing the bridge's substructure and compromising its structural integrity. Under the original ESA, the proposed design did not include a new bridge, instead, it opted to have a trail dead-end with railing for protection. After cross -departmental coordination and pathway consideration, the revised design will now incorporate two pedestrian bridges to re- connect the trail and allow a continuous path through the park. Additional engineering services under the supplement include design services associated with the two pedestrian bridges, geotechnical Page 1 of 3 Item 4C services and subsurface exploration for bridge foundation, and surveying services expanding the survey of limits to cover the location of proposed pedestrian bridges. Supplement Agreement No. 1 provides engineering design services to incorporate two pedestrian bridges in an additional amount not to exceed $100,000; this amount includes $18,120 in contingency for additional engineering design costs that may arise due to unforeseen conditions. The original ESA, executed on August 4, 2020, is in the amount of $48,410. The revised contract amount, including Supplement Agreement No.1, amounts to $148,410 with contingencies. Financial Considerations: Funding for this agreement is budgeted as part of the approved Capital Improvement Program. This agreement is within the project budget. Strategic Link: This item links to the City's Strategy Map strategic focus areas of Safety & Security and Quality Development. It specifically relates to the City's Corporate Objectives, Cl: Achieve The Highest Standards Of Safety & Security and C3: Provide Attractive & Unique Spaces For Enjoyment Of Personal Interests. The Critical Business Outcome is, CBO3: Engage In Thoughtful Planning To Ensure Continued High Quality Development That Is Integrated Well Into The Current Built Environment. Citizen Input/ Board Review: None. Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The City Council may approve or deny the agreement. Staff Recommendation: Approve Supplement Agreement No. 1 with Teague Nall and Perkins, Inc. (TNP) to provide additional engineering design services for the Southlake Glen Erosion Improvements project in an amount not to exceed $100,000. Page 2 of 3 Item 4C Supporting Documents: Attachment A: Engineering Services Agreement Attachment B: Supplement Agreement No. 1 Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., Deputy City Engineer Page 3 of 3 Attachment A ORIGINAL DOCUMENT CITY OF SOUTIILAKE AGREEMENT FOR ENGINEERING SERVICES Council Action; Yo Ord./Res, No. Date Approved LD THIS AGREEMENT is made this 1! `� day of-kg5UJ- , 2020 by and between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Teague Nall and Perkins, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, CITY contemplates the need to make erosion protection improvements within the open space associated with the Southlake Glen subdivision near the intersection of N Kimball Avenue and Kirkwood Boulevard. This project is to be known as the Southlake Glen Erosion 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 A 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 A in accordance with the terms set forth in this Agreement and in Attachment A. B. Definitions Services refer 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 Pm,e 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 written 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. Page 2 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 a waiver or 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. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND SHALL BE CONSTRUED TO THAT EFFECT. 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 (except the indemnitees identified or described in Article I, Section J., above), 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. Page 3 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 191MMAIN 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. Page 4 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 fixed fee in the amount of $48,410 for Basic Services (as outlined in the attached proposal) as billed monthly by ENGINEER. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for any services and expenses incurred in accordance with the work performed subject to the limits set out in Article III. 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. Invoices shall be made to City Finance Department's office at 1400 Main Street, Suite 440, Southlake. Texas 76092. 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 and expenses (see Attachment C) for actual time expended and actual out-of-pocket sums 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; Page 5 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 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 and in accordance with any applicable governmental laws, regulations and ordinances. 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, with or without cause by giving written notice to the ENGINEER. Such termination may be made effective on such future date as agreed by the parties, but absent such agreement shall be immediate. 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. Page 6 IX. ARTICLE OWNERSHIP OF DOCUMENTS 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: 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 within ten (10) business days after execution of this Agreement and prior to issuing Notice to Proceed. 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 Page 7 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 is planned to be completed by July 31, 2021. 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 Page 8 If to ENGINEER: Jonathan Bengfort, P.E. Director of Engineering Services Teague Nall and Perkins, Inc. 5237 N. Riverside Dr., Ste. 100 Fort Worth, Texas 76137 Phone: (817) 336-5773 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 be executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: RX By: City Manager ATTEST: 0 Page 9 ENGINEER: TEAGUE NALL AND PERKINS, INC. 0 Bengfort, P.E., Defector of Engineering Services THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared JIgLn � nown to me [or proved to me on the oath of or through 1D t (description of identity card or other document)] to be the person whose name is subscribed to the foregoing instrument and th t he/she is the duly authorized >'weehr of [ ;nnedr'L , of 2 Ive�.11 9u—trhG; , and acknowledged h to me that Ind/shin a cute me he for the purposes and consideration therein expressed. Given under my hand and seal of office this y day of A.D. Zola. A) No ublic, State of Texas Notary's Name erinted }pr eyq ASHLEY JANE DEGG `=o....... e��y Notary Public, Slate of Taxes 'Q� Comm. Expires 01-06-2024 nrim.. Notary ID 132301e2e Page 10 Attachment A AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: TNP PROJECT NUMBER: CLIENT: ADDRESS: Southlake Glen Erosion Improvements SLK 20163 City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 t n p am w.lnpin engirt e,s sur,eyors landscape a,chirece TEXAS FORT WORTH DENTON ALLEN SAN ANTONIO CYPRESS SUGARLAND GEORGIA BLAIRSVILLE ALBANY The City of Southlake, Texas (the CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (the ENGINEER) to perform the following services: Article I SCOPE OF BASIC SERVICES: Provide engineering and surveying services associated with the Southlake Glen Erosion Improvements, including channel and pond embankment armoring. A detailed scope of services for the effort is included as Attachment 'A' and is made a part hereto. A project location map is included as Attachment 'B'. Article II COMPENSATION to be on a basis of the following: BASIC SERVICES: The CLIENT agrees to compensate the Engineer as follows: a. Engineering Services (Task 1) shall be a fixed fee amount of $41,000 (Forty -One Thousand Dollars). b. Surveying Services (Task 2) shall be a fixed fee amount of $6,000 (Six Thousand Dollars). 2. DIRECT EXPENSES: A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Based on the proposed fees for engineering and surveying services, the anticipated fee associated with direct expenses is $1,410. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost and is not included in the $1,410 budget identified above. 3. ADDITIONAL SERVICES: Services provided by the Engineer which are not specifically included in Basic Services as defined above or delineated in Attachment 'A' shall be reimbursed on an hourly basis at standard TNP hourly rates (Attachment 'C'). Examples of Additional Services are included in the Scope of Services (Attachment 'A'). 4. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Billings for fixed fee services shall be based on the percentage of Page 1 PSA for Soathloke Glen Drainage Improvements Client: City of Southlake July 29, 2020 work complete for the lump sum task(s). Billings for hourly services shall be based on the actual time and materials associated with the hourly task(s). Delays of transmitting payments to ENGINEER more than 30 days from invoice date may result in cessation of services until payment is received. Additionally, ENGINEER may withhold all work products and documents until payment is received in full. Time shall be added to the project schedule for any work stoppages resulting from CLIENT's failure to render timely payment. Agreement by CLIENT to this contract acknowledges available funding for the proposed services provided by the ENGINEER. Payment for services shall not be contingent upon the CLIENT's available project specific funds, or anticipated future funding. Article III SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A project schedule based on the Scope will be provided upon approval of this Agreement, and made a part hereto. Article IV CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until an executed copy of this contract is received by ENGINEER. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT. Approved by CLIENT: Accepted by ENGINEER: The City of Southlake Teague Nall and Perkins, Inc. By: By: -:!5 Title: Title: Director of Engineering Services Date: Date: 07.29.2020 Page 2 PSA for Southlake Glen Drainage Improvements Client: City of Southlake PROVISIONS I. AUTHORIZATION TO PROCEED Signing this agreement shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in this agreement. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll -related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES A fee equal to 3% of labor billings shall be included on each monthly invoice to account for the TNP's direct expenses for the Project. Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to prints, plots, copies, postage, courier services, binding charges, mileage, etc. Any permit fees, filing fees, application fees related to the Project that ore paid by the TNP and are not covered by the scope of services shall be reimbursed by the CLIENT at 1.10 times the actual cost. 4. OUTSIDE SERVICES When technical or professional services are furnished by on outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for TNP, Inc.'s administrative costs, as provided herein. 5. OPINION OF PROBABLE COST In providing opinions of probable cost, the CLIENT understands that TNP, Inc. has no control over costs or the price of labor, equipment, or materials, or over the Contractor's method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional's qualifications and experience. TNP, Inc. makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 6. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the some type of work in the State of Texas, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 7. TERMINATION Either CLIENT or TNP, Inc, may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. MEDIATION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbonding mediation unless the parties mutually agree otherwise. The CLIENT and the ENGINEER further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants retained also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. July 29, 2020 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 days of invoice date, all work on CLIENT's project shall cease and all work products and documents shall be withheld until payment is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT's failure to render payment within 30 days of invoice date. Interest at the rate of 1 Yt% per month will be charged on all past -due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services not specified as Basic Services in Scope and Attachment 'A' will be provided by TNP, Inc. as Additional Services when required. The CLIENT agrees upon execution of this contract that no additional authorization is required. Additional services will be paid for by CLIENT as indicated in Article 11, Compensation. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax Is not included in the fee set forth and will be added on and collected when required by state law. Sales tax at the applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, fax: (5) 2) 440-5715. 15. LANDSCAPE ARCHITECT SERVICES The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701, Telephone IS 12) 305-9000, Fax (51 2) 305-8900. 16 INVALIDITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 17. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. 18. DRAINAGE CLAUSE The parties to this Agreement recognize that the developmern of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER's negligence was the direct cause of damage to a property downstream of the Project. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other 19. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY to enforce any of the obligations hereunder or arising out of any dispute Means and methods of construction and jobsite safety are the sole concerning the terms and conditions hereby created, the losing party shall responsibility of the contractor. pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. Page 3 PSA for Soothlake Glen Erosion Improvements Client: City of Soothlake ATTACHMENT 'A' ITEMIZED SCOPE OF SERVICES July 29, 2020 Teague Nall and Perkins, Inc., (ENGINEER) shall render the following professional services (BASIC SERVICES) necessary for the development of the project. Task 1: Engineering Services The ENGINEER will perform the following drainage study tasks: • Coordinate with the CLIENT to obtain hydrologic and hydraulic models developed for the Southlake Glen development. • Using the existing available models as the basis, modify the hydraulic model to reflect proposed embankment improvements on the downstream side of Pond B. The purpose of this exercise is to ensure that the weir outfall of Pond B is properly sized to control the location at which flow leaves Pond B while also ensuring no increase in the 100-year water surface elevation. The ENGINEER will develop design and construction documents for the following improvements: • Gabion channel armoring for approximately 200 LF of the channel near Bridge #2, which was recently removed. • Pond embankment and outfall armoring (gabions) along approximately 75 LF of the embankment on the downstream side of Pond B. • Trail turnaround near east bank of the channel at Bridge #2, which was recently removed and will not be replaced. The construction plans will include the following: • Cover sheet • Project layout/General notes sheet • Survey control sheet • Drainage calculation sheets • Channel/Pond embankment armoring design sheets • Trail turnaround design sheet • Construction detail sheets for gabions, rip rap, concrete trail, and pedestrian rail Plan review submittals will be made to the CLIENT at 60%, 90%, and 100%. The 60% review submittal will include preliminary plans and an opinion of probable construction cost. The 90% and 100% submittals will include plans, contract documents and specifications, and an opinion of probable construction cost. Up to five (5) project meetings are included (1 kick-off meeting, 1 field visit/meeting, 1 design review meeting, 1 pre -construction meeting, and 1 final walk-thru meeting). The ENGINEER will assist the CLIENT in bidding the Project. Bid documents will be distributed electronically through CivCast. Hardcopy distribution for bidding is not anticipated. The ENGINEER will assist in the bid opening and tabulation of bids. Page 4 PSA for Southlake Glen Erosion Improvements July 29, 2020 Client: City of So"thloke The ENGINEER will assist the CLIENT in determining the qualifications and acceptability of prospective contractors. A traditional lowest qualified bidder approach is anticipated. The ENGINEER will incorporate all addenda into the contract documents and issue a conformed set of plans and specifications for use as the issued for construction documents. Task 2: T000araphic Survey The ENGINEER will provide topographic survey services for the PROJECT, located in Southlake Glen, an addition to the City of Southlake, Tarrant County, Texas, as recorded in County Clerk's document D215280370 Plat Records, Tarrant County, Texas. Survey services will include all office and field work necessary to prepare a topographic survey of the PROJECT area, including survey of trees 6" in diameter and larger. A minimum of two (2) benchmarks shall be established at strategic locations within the PROJECT area for use during the design and construction phases of the project. A base map representing the results of the topographic design survey shall be prepared in Civil 3D format for in- house design only. No boundary or easement work will be performed. Survey information provided will be referenced to Grid North of the Texas Coordinate System of 1983 {North Central Zone No. 4202; NAD83(201 1) Epoch 20101 as derived locally from Western Data Systems Continuously Operating Reference Stations via real time kinematic survey methods with the vertical datum being tied to the City of Southlake Geodetic Control Network. Page 5 PSA for Southlake Glen Erosion Improvements July 29, 2020 Client: City of Southlake ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CLIENT and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CLIENT's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Geotechnical services. • Utility location services. • Boundary surveys. • Preparation of easements. • Negotiation of easements or property acquisition including temporary right -of -entries. • Services related to development of the CLIENT's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services. • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to Survey Construction Staking beyond providing the contractor with a CAD file containing the alignment, benchmarks and control points. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CLIENT. • Services related to environmental permitting or environmental impact statements. • Section 404 USACE Individual Permit or Pre -Construction Notification. • Cultural resources surveys, absence/presence surveys for any state- or federally -listed protected species, any benthic or macro -invertebrate surveys. • Services related to floodplain permits or revisions. • SWPPP preparation. • Landscape architecture services. • Traffic control plans. • Private retaining wall design. • Marketing exhibits or renderings. • Public meetings. • Performance of miscellaneous and supplemental services related to the project as requested by the CLIENT. Page 6 Attachment C Teague Nall and Perkins, Inc. 2019 - 2020 Standard Hourly Rates Effective January 1, 2019 to December 31, 2020 Engineering/Landscape Architecture/ROW Hourly Billing Rate Principal or Director $250 Team Leader $230 Senior Project Manager $220 Project Manager $175 Senior Engineer $230 Project Engineer $160 Engineer III/IV $135 Engineer 1/II $125 Landscape Architect / Planner $160 Landscape Designer $120 Senior Designer $140 Designer $130 Senior CAD Technician $125 CAD Technician $110 IT Technician $170 Clerical $80 ROW Manager $190 Senior ROW Agent $160 ROW Agent $125 Relocation Agent $160 ROW Admin $70 Intern $70 Hourly Surveying Billing Rate Survey Manager $230 Registered Professional Land Surveyor (RPLS) $195 Field Coordinator $140 S.I.T. or Senior Survey Technician $140 Survey Technician $110 1-Person Field Crew w/Equipment** $145 2-Person Field Crew w/Equipment** $175 3-Person Field Crew w/Equipment** $200 4-Person Field Crew w/Equipment** $220 Flagger $50 Abstractor (Property Deed Research) $90 Small Unmanned Aerial Systems (sUAS) Equipment & Crew $400 Terrestrial Scanning Equipment & Crew $250 Hourly Utility Management, Utility Coordination, and SUE Billing Rate Senior Utility Coordinator $165 Utility Coordinator $150 SUE Project Manager $190 SUE Engineer Field Coordinator Sr. Utility Location Specialist Utility Location Specialist 1-Person Designator Crew w/Equipment* * * 2-Person Designator Crew w/Equipment*** 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) Core Drill (equipment only) SUE QL-A Test Hole (0 < 4 ft) SUE QL-A Test Hole (> 4 < 6 ft) SUE QL-A Test Hole (> 6 < 8 ft) SUE QL-A Test Hole (> 8 < 10 ft) SUE QL-A Test Hole (> 10 < 12 ft) SUE QL-A Test Hole (> 12 < 14 ft) $170 $140 $140 $90 $145 $170 $275 (4 hr. min.) $750 perday $1,250 each $1,500 each $1,750 each $2,000 each $2,250 each $2,500 each Construction Management, Construction Engineering and Inspection (CEI) Hourly Billing Rate Construction Inspectorll $100 Construction Inspector III $110 Senior Construction Inspector $130 Construction Superintendent $180 Senior Project Manager $220 Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP's billing rates above or cost times a multiplier of 1,10. ` Rates shown are for 2019 and 2020 and are subject to change in subsequent years. " Survey equipment may include truck, AN, Robotic Total Station, GPS Units and Digital Level "` Includes crew labor, vehicle costs, and field supplies. Attachment B ENGINEER'S CONTRACT SUPPLEMENT AGREEMENT NO. 1 CITY OF SOUTHLAKE THE STATE OF TEXAS TARRANT COUNTY KNOW ALL MEN BY THESE PRESENTS: THIS SUPPLEMENT AGREEMENT made and entered into this day of 2021, by and between the City of Southlake, hereinafter referred to as "City" and Teague Nall and Perkins, Inc., hereinafter referred to as the "Engineer". WITNESSETH THAT: WHEREAS the City and the Engineer entered into a contract on August 4th, 2020, to acquire professional engineering services for the Southlake Glen Erosion Improvements Project; and WHEREAS the City desires to change the scope of the project as outlined in Attachment A. NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of Southlake Glen Erosion Improvements Project, be modified as follows: SCOPE OF CHANGE The scope of the project has expanded and requires additional funds. The project, along with the original contract, will incorporate additional tasks as outlined in Attachment A. COMPENSATION The total amount of additional compensation under this contract is hereby increased by an amount not to exceed $81,880. An itemized breakdown of the fees is outlined in Attachment B. The original contract was approved on August 4th, 2020 for the amount of $48,410. TIME OF COMPLETION Engineering services to be rendered hereunder shall be complete at such time as stated in original agreement. ORIGINAL CONTRACT All requirements of the aforesaid contract of Southlake Glen Erosion Improvements Project, and this Supplement Agreement No. 1, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their respective officers duly authorized as of the day and year first above written. OWNER: CITY OF SOUTHLAKE, TEXAS By: Robert Cohen Director of Public Works By: John Huffman Mayor ENGINEER: TEAGUE NALL AND PERKINS, INC. By: Jonathan Bengfot , E. Director of Engineering Services ATTACHMENT 'A' ITEMIZED SCOPE OF SERVICES FOR SUPPLEMENT AGREEMENT NO. 1 Teague Nall and Perkins, Inc. (CONSULTANT) shall render the following additional professional services associated with the Southlake Glen Erosion Improvements project: Engineering Services include: 1) Design services associated with two pedestrian bridges within the limits of the Project as follows: A. Bridge design scope of services shall include the preparation of the complete Plans, specifications and estimates (PS&E) package for the Pedestrian Bridges at Glen Park drainage channel in Southlake. The construction plan set shall contain all drawings, details, and applicable standards required to describe the grading, paving, drainage, bridges and sequence of construction for the construction project. City standard drawings will be included without modification whenever possible. The project will be developed utilizing English units of measurement. The Bridge design and detail work to be completed for the project is as follows: 1. Engineer shall prepare complete bridge plan and profile sheets including proposed horizontal and vertical alignment for bridge approach trail design cross sections. 2. Engineer shall prepare Bridge Layout Plan and Elevation drawing to be provided to the CITY. 3. Engineer shall prepare bridge abutment concrete details. Bridge foundation design shall be in accordance with the TxDOT's Bridge Division Geotechnical Manual. Bridge structure details will conform to standard TxDOT Bridge design criteria and detailing practices. 4. Engineer to provide Bridge Abutment plan and concrete detail drawings for construction. 5. Engineer to provide schematic detailed elevation and section drawing with specifications for a single main span Pre -Engineered steel truss framing system over the park's drainage channel. 6. Engineer shall provide main truss bearing seat elevations and vertical control data for a low beam 1 2" free -board clearance above a Design Storm Event for construction installation. 7. Engineer shall provide abutment concrete rip rap plan detailing toe of slope, limits of rip rap, slope and adjacent grading. 8. Engineer shall provide project material quantity summaries. 9. Engineer shall provide General construction notes and material specifications based upon the Texas Department of Transportation (TxDOT) 2014 Edition, "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges". 10. Bridge design will be in accordance with TxDOT and AASHTO LRFD Pedestrian bridge design requirements. B. Design Exceptions - 1. Special architectural or aesthetic amenities are not anticipated for the Bridge Design. 2. City miscellaneous fiber optic utilities, lighting or electrical conduit is not anticipated for design of the bridge. 3. A boring log profile sheet is not anticipated for this project. C. Bridge Total Quantities and Cost Estimates — The ENGINEER shall provide all bridge quantities and the estimate of probable construction cost for the bridge for 100% submittals. D. Quality Assurance/Quality Control - Review structural details prior to City milestone submittal at 60% and 95% complete. Quality control includes review of final bridge details with Bridge Design checklist and coordination with structural calculations prior to 100% complete submittal. E. Construction Phase Services — The Engineer shall perform up to three (3) site visits to monitor construction, answer contractor requests for information (RFI), review shop drawing submittals and material for compliance to project plans and specifications. 2) Geotechnical services as follows: A. SUBSURFACE EXPLORATION 1 . Based on past experience in the vicinity of the project, we anticipate subsurface conditions to consist of soils and shale of the Woodbine geological formation. 2. Experienced drillers and technicians will evaluate subsurface conditions with two (2) sample borings (one at each bridge site) to a depth of 35 to 40 feet below existing grade, to at least 10 feet into unweathered gray shale. 3. The field personnel will drill the boring using truck -mounted equipment. Cohesive and non - cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split -spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of boring will be prepared to document field activities and results. 4. CMJ's personnel will stake the boring location using handheld GPS equipment. The approximate location of the boring will be shown on the plan of boring. Precise surveying of the boring location and elevation is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, the borehole will be backfilled with drill cuttings and plugged at the surface by hand tamping. B. LABORATORY SERVICES 1 . Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: i. moisture content and soil identification ii. liquid and plastic limit determinations M. percent passing the No. 200 sieve iv. unconfined compression tests on soil v. direct shear tests on soil vi. unit weight determinations 2. The specific types and quantities of tests will be determined based on geologic conditions encountered in the boring. C. ENGINEERING SERVICES 1 . An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide two copies of the report and an electronic copy. The report will address: i. general soil and ground -water conditions ii. recommendations for pedestrian bridge and gabion foundation type, depth and allowable loading iii. global slope stability of the proposed wall structure, if required iv. recommended lateral pressures for the design of below -grade walls and retaining structures, if required v. recommendations for tie -back supports for anchoring, if required vi. foundation construction requirements vii. earthwork recommendations 2. Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Surveying Services include: 1 ) Surveying services associated with the supplement are as follows: A. The ENGINEER shall provide topographic survey services for the proposed pedestrian bridge locations. The surveying services will be in accordance with the topographic survey scope outlined in the original contract, with the limits of survey expanding to cover the location of the proposed pedestrian bridges. ATTACHMENT 'B' ITEMIZED FEES FOR SUPPLEMENT AGREEMENT NO. 1 Teague Nall and Perkins, Inc. (CONSULTANT) compensation for the services outlined in Attachment A shall be as follows: Engineering Services: Design Services: Geotechnical Services: Surveying Services: Direct Expenses: $67,500 (Fixed Fee) $7,500 (Fixed Fee) $4,500 (Fixed Fee) $2,380 (3% Fee) Total $81,880