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Item 4L MemoItem 4L Page 1 of 2 M E M O R A N D U M (December 1, 2020) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Engineering Services Agreement (ESA) with Teague Nall and Perkins, Inc. (TNP) to provide engineering design services for water line improvements located at East Highland Street from North Carroll Avenue to North Kimball Avenue an amount not to exceed $199,820. Action Requested: Approve an Engineering Services Agreement (ESA) with Teague Nall and Perkins, Inc. (TNP) to provide engineering design services for water line improvements located at East Highland Street from North Carroll Avenue to North Kimball Avenue an amount not to exceed $199,820. Background Information: The proposed ESA is to provide design services for water line improvements at East Highland Street. These water line improvement are aligned with the 2012 Water System Master Plan and will improve services to residents. The design plans include reconstructing and upsizing the existing 6-inch water line to a 12-inch water line along East Highland Street between North Kimball Avenue and North Carroll Avenue. The proposed ESA will provide design surveys, preliminary and final design plans, and easement preparations. 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, Infrastructure, and Performance Management & Service Delivery. It specifically relates to the City’s Corporate Objectives, C1: Achieve The Highest Standards Of Safety & Security, B5: Enhance Service Delivery Through Continual Process Improvement, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcome is, CBO5: Improve Item 4L Page 2 of 2 Quality Of Life Through Progressive Implementation Of Southlake’s Comprehensive Plan Recommendations. 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 an Engineering Services Agreement (ESA) with Teague Nall and Perkins, Inc. (TNP) to provide engineering design services for water line improvements located at East Highland Street from North Carroll Avenue to North Kimball Avenue an amount not to exceed $199,820. Supporting Documents: Attachment A: Engineering Services Agreement Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, Deputy City Engineer Page 1 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this _____ day of ____________, 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 water line improvements at East Highland Street from North Carroll Avenue to North Kimball Avenue. This project is to be known as East Highland Water 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 agreement and this Agreement shall be modified in writing accordingly. Page 2 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 3 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 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 4 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 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. Page 5 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 Attachment A, the ENGINEER shall be paid on a lump sum basis in the amount of $185,820 for Basic Services and on an hourly basis plus expenses in an amount not to exceed $14,000 (as outlined in the attached proposal) with a total not to exceed cost ceiling of $199,820 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 A) 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; Page 6 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 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 7 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 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 8 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 as expeditiously as possible. 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 9 If to ENGINEER: Jonathan Bengfort, P.E. Teague Nall and Perkins, Inc. 5237 N. Riverside Drive, Suite 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: By: _________________________________ Laura Hill, Mayor ATTEST: By: _________________________________ City Secretary Page 1 AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: East Highland Water Improvements TNP PROJECT NUMBER: SLK 20376 CLIENT: City of Southlake Kevin Ferrer, P.E., CFM – Civil Engineer ADDRESS: City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 The City of Southlake (CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (CONSULTANT) to perform the following services: Article I SCOPE OF BASIC SERVICES: Provide engineering and surveying services associated with water line improvements along East Highland Street between North Carroll Avenue and North Kimball Avenue. Generally, the project includes reconstructing and upsizing approximately 4,400 LF of existing 6” water line in East Highland Street as a 12” water line. 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 ‘D’. Article II COMPENSATION to be on a basis of the following: 1. BASIC SERVICES: The CLIENT agrees to compensate the CONSULTANT as follows: a. Engineering Services (Tasks 1 and 2) shall be a fixed fee amount of $94,000 (Ninety- Four Thousand Dollars). b. Surveying Services (Task 3) associated with the topographic and boundary survey shall be a fixed fee of $37,000 (Thirty-Seven Thousand Dollars). 2. SPECIAL SERVICES: The CLIENT agrees to compensate the CONSULTANT as follows: a. Easement Preparation (Task 4) shall be performed on a unit price basis with a not-to- exceed budget of $14,000 (Fourteen Thousand Dollars). This budget is an estimate an estimate for the services anticipated but the actual cost for these services may be a lesser or higher amount. However, it is understood that the stated budget amount shall not be exceeded without written authorization from the Client. The unit price shall be $2,000 per easement instrument. The services to be provided are further outlined on Attachment ‘A’. b. Subsurface Utility Engineering (Task 5) shall be a fixed fee of $49,000 (Forty-Nine Page 2 Thousand Dollars). 3. 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 $5,820. 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 $5,820 budget identified above. 4. FEE SUMMARY: Engineering Services: $94,000 (Fixed Fee) Surveying Services: $37,000 (Fixed Fee) Easement Preparation: $14,000 ($2,000 Each) Subsurface Utility Engineering Services: $49,000 (Fixed Fee) Direct Expenses: $5,820 (3% Fee) Total $199,820 5. ADDITIONAL SERVICES: Services provided by the CONSULTANT 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’). 6. 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 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 CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. Additionally, CONSULTANT 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 CONSULTANT. 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 CONSULTANT. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT for the services indicated. Page 3 Approved by CLIENT: Accepted by CONSULTANT: City of Southlake Teague Nall and Perkins, Inc. By: By: Jonathan Bengfort, P.E. Title: Title: Director of Engineering Services Date: Date: 11.16.20 Page 4 ATTACHMENT 'A' ITEMIZED SCOPE OF SERVICES The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED The project involves the investigation, survey, design, bidding, and construction administration of approximately 4,400 LF of water line improvements along East Highland Street between North Carroll Avenue and North Kimball Avenue. The project includes reconstructing and upsizing the existing 6” water line in East Highland Street as a 12” water line. The following tasks have been identified for inclusion in this scope of services: Task 1. Preliminary Design Task 2. Final Design Task 3. Survey Services Task 4. Easement Preparation Task 5. Subsurface Utility Engineering TASK 1. PRELIMINARY DESIGN (60% Plans) CONSULTANT will develop the preliminary design of the infrastructure as follows. CONSULTANT shall manage the project and, 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase. • Conduct site visits on an as-needed basis for investigations and coordination during the design process. • Prepare and submit monthly progress reports in the format requested by the CITY. • Prepare and submit an anticipated Project Schedule. Provide schedule updates as the Project progresses through the design process. • Coordinate with CITY, franchise utilities, property owners and other agencies and entities for the planning and design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • Personnel and Vehicle Identification: When conducting site visits to the project location, the CONSULTANT or any of its sub-consultants shall carry readily available information identifying the name of the company and the company representative. Page 5 1.3. Data Collection • In addition to data obtained from the CITY, CONSULTANT will attempt to identify and research proposed improvements by others that may influence the project. • The CONSULTANT will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; agencies (AT&T, Frontier, Atmos, CISD, etc.), and property ownership as available from the Tax Assessor's office. • The CONSULTANT shall visit the project site to confirm the existing conditions and elements that may influence the design. 1.4. Water Modeling • CONSULTANT assumes that no water modeling will be associated with this scope of services. Efforts related to performing any water modeling shall be considered an additional service. 1.5. Route Study • A formal route study is not part of this scope of services. 1.6. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • Project Control Sheet with benchmarks and control points. • General Notes Sheet • Overall project property sheet(s) with property owner information. • Overall project water layout sheets. The water layout sheet shall identify the proposed water line improvements, existing water and sewer lines in the vicinity. • Water Plan and Profile sheets including, but may not be limited to, the following:  Proposed water line alignment (horizontal and vertical)  Pipe size(s)  Valves  Appurtenances  Service connections  Pavement repair limits  Easement and ROW limits  Property ownership information  Existing utilities  Temporary water lines  Coordinates on all P.C.’s, P.T.’s, P.I.’s, valves, mainline fittings, etc., in the same coordinate system as the Control Points • The CONSULTANT shall make provisions for reconnecting all identifiable water service lines which will be impacted by the proposed main, including replacement of existing service lines within City right-of-way or utility easement. • The CONSULTANT will prepare special details for the water line installation and/or replacement that are not already included CITY’s standard details. These may include connection details between various parts of the project, tunneling details, boring and jacking details, relocations, details unique to the construction of the project, trenchless details, and special reconnections. 1.7. Constructability Review Page 6 • Prior to the 60% review meeting with the CITY, the CONSULTANT shall schedule and attend a project site visit with the CITY to walk the project. The CONSULTANT shall summarize the CITY’s comments from the field visit and submit this information to the CITY in writing. 1.8. Utility Clearance • Subsurface Utility Engineering (SUE) services have been included in this scope of services. Please refer to Task 7. • The CONSULTANT will consult with the applicable CITY’s departments and other public utilities, private utilities and government agencies in an attempt to determine the approximate location of above and underground utilities, and other facilities (current and future) that may have an impact or influence on the project. Based on the information obtained, the CONSULTANT will design the proposed facilities in a manner that avoids or minimizes conflicts with existing utilities, and where known and possible, consider potential future utilities in designs. Should it become necessary to adjust an existing utility, this work shall be performed by the owner of the utility or it can be added to this scope of services as an Additional Service. • The CONSULTANT will contact utility companies and/or 1-800-DIG-TESS to request locates of all utilities within the project limits. Any locates that are marked by others will be incorporated into the design survey and reflected on the plans. • CONSULTANT shall attend a utility coordination meeting with the CITY and impacted franchise utility companies to review the project and the proposed timing. Plans shall be provided to the franchise utility companies for their use in identifying impacts and coordinating adjustments. 1.9. Traffic Control and Phasing • Traffic Control shall be the responsibility of the Contractor. • Where deemed appropriate, the plans shall contain notes and requirements for the Contractor directing to how the project shall be phased and how traffic flow shall be accommodated. • Any overall Project phasing relating to the progression of the various projects within this scope of work shall be provided on the General Notes sheet. 1.10. Storm Water Pollution Prevention Plan • The SWPPP shall be the responsibility of the Contractor. ASSUMPTIONS • It is assumed that the design services will span up to a maximum of eight (8) months (Does NOT include construction). • Meetings: one kickoff meeting, one submittal meeting, site visits and design coordination meetings on an as-needed basis. • CONSULTANT shall not proceed with Final Design activities without obtaining the CITY’s approval of the Preliminary Design Plans. DELIVERABLES A. Meeting minutes with action items B. Monthly invoices C. Monthly progress reports D. Project schedule with updates Page 7 E. 4 copies of the Preliminary Design plans will be provided to the City for review. F. Franchise utility coordination drawings G. Preliminary Opinion of Probable Cost H. Summary of the proposed technical specifications for the Project. TASK 2. FINAL DESIGN (90%) AND FINAL CONSTRUCTION DOCUMENTS (100%) Upon approval of the Preliminary plans, CONSULTANT will prepare construction plans as follows: 2.1. Development of Final Design Drawings and Specifications shall include the following: • The final plans shall include completed versions of all plan sheets associated with the preliminary plan submittal plus the CITY’s standard details and any other plan sheets that were identified during the review of the preliminary plans or the development of the final plans. • Conduct site visits on an as-needed basis for investigations and coordination during the design process. • Proposal, technical specifications and documents not covered by the CITY’s standard specifications and contract documents. • Final plans and specifications shall be submitted to CITY per the approved Project Schedule. Copies of the CITY’s preliminary plans comments shall be provided with the submittal. • Following a 90% construction plan review meeting with the CITY, the CONSULTANT shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the CONSULTANT licensed in State of Texas. The specification book shall contain updated proposal pages and all necessary technical specifications as well as copies of all necessary permits and approvals for construction of the project (e.g. TxDOT utility permit, utility crossing permits, easements, etc.) • The CONSULTANT shall submit a final opinion of probable construction cost with both the 90% and 100% design packages. • Coordinate with the CITY to develop a best-value based competitive sealed proposal selection criteria and format for bidding the Project in accordance with Texas Local Government Code Chapter 2269. Criteria to be used in the selection process can include, but is not limited to:  Price  Contractor’s experience  Contractor’s performance on similar work  Contractor’s safety record  Contractor’s personnel  Contractor’s financial capacity ASSUMPTIONS • Project will be bid as a single construction package. DELIVERABLES A. 4 copies of the 90% design plans and specifications. B. 4 copies of the 100% construction plans and specifications. C. 90% and 100% final opinion of probable construction cost including summaries of bid items and quantities. Page 8 D. Three (3) sets of bid document for the CITY’s use during the bidding process. TASK 3. SURVEY SERVICES CONSULTANT will provide survey services for the project as follows. 3.1 Topographic/Design Survey • CONSULTANT shall provide professional surveying services regarding the preparation of a Topographic Survey for the Client, which will include a Topographic Survey of approximately 5,400 feet of East Highland Street from North Kimball Avenue on the east to North Carroll Avenue on the west. The limits along this route will be the Right-of-Way to the north and 50 feet south of the south edge of pavement. The survey will include paving, sidewalks, driveways, ADA ramps and trees 6- inches and larger. • Boundary work will be done as well to establish the existing Right-of-Way of East Highland Street. • DigTESS will be notified to mark possible underground utilities within the area. • Benchmarks shall be established every 500 feet along the route 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. • Survey information provided will be referenced to Grid North of the Texas Coordinate System of 1983 {North Central Zone No. 4202; NAD83(2011) Epoch 2010} as derived locally from Allterra’s Continuously Operating Reference Stations via real time kinematic survey methods with the vertical datum being tied to the City of Southlake Geodetic Control Network. • All surveying services provided shall be performed in accordance with the General Rules and Procedures of Practice and the Professional and Technical Standards established by the Texas Board of Professional Land Surveying. TASK 4. EASEMENT PREPARATION CONSULTANT will provide easement preparation services for the project as follows. 4.1 Easement Preparation • CONSULTANT shall prepare up to seven (7) separate instrument easements (permanent water and/or temporary construction) to accommodate the proposed improvements. Preparation of easements above and beyond seven (7) shall be considered an Additional Service. ASSUMPTIONS • No more than seven (7) easement documents will be required. DELIVERABLES A. Easement exhibit and legal description TASK 5. SUBSURFACE UTILITY ENGINEERING (SUE) CONSULTANT will provide SUE services for the project as follows. 5.1. SUE Services • Research and coordination (Level C and D SUE) for the purpose of identifying the utilities that are within or adjacent to the project limits. Page 9 • Based on preliminary research, existing utilities within the project corridor include: City water, City sewer, Frontier telephone, Frontier fiber, CISD fiber, AT&T fiber, and Atmos gas. The CONSULTANT anticipates there are approximately 30,500 LF of existing underground utilities (approximately 25,000 LF of detectable utilities and approximately 5,500 LF of non-detectable utilities) within the project corridor. The CONSULTANT anticipates approximately six (6) critical utility crossings warranting Level A test holes/locating. These amounts represent the anticipated total amounts of Level C/D (records research), Level B (toning and designating), and Level A (test hole) that will be associated with the Project. • SUE work will be performed in compliance with CI/ASCE 38-02, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data”. • Flagging and markings from the Level B efforts will be field surveyed and transferred to the project base map to aid in the design. • Each test hole will be field surveyed and transferred to the project base map to aid in the design. Vertical information from the test hole will be plotted in the design profiles to facilitate the determination of the vertical alignments of the Project’s proposed water lines and other subsurface elements. • The results of the Project’s SUE efforts will be incorporated into the Project’s base map and be reflected in the plan sheets as applicable. Separate sealed SUE drawings will also be prepared and included in the Project’s construction documents. ASSUMPTIONS • The Project will involve approximately 5,500 of Level C/D research for non-detectable utilities, approximately 25,000 LF of Level B designating of detectable utilities, and approximately six (6) Level A test holes. DELIVERABLES A. SUE drawings B. AutoCAD file containing the results of the SUE investigations. Page 10 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services – CLIENT and CONSULTANT agree that the following services are beyond the Scope of Services described in the tasks above. However, CONSULTANT can provide these services, if needed, upon the CLIENT’s written request. Any additional amounts paid to the CONSULTANT 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. • Preparation of roadway reconstruction plans. • Preparation of easement and/or ROW documents beyond those listed in the scope of services. • Negotiation of easements or property acquisition including temporary right-of-entries beyond those listed in the scope of services. • Subsurface Utility Engineering (SUE) services beyond those listed in the scope of services. • Preparation of detailed traffic control or phasing plans. • Services related to development of the CITY’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 services beyond those listed in the scope of services. • Construction 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 CITY. • Public outreach support and public meeting attendance. • 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. • Performance of miscellaneous and supplemental services related to the project as requested by the CLIENT. • Bidding and construction phase services. • Multi-phase project delivery services. • ROW/Easement negotiation services. Page 11 ATTACHMENT 'B' PROVISIONS 1. 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 are 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 an 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 same 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 CONSULTANT 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 CONSULTANT 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. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 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 1½% 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 II, 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: (512) 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 (512) 305-9000, Fax (512) 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 development 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 CONSULTANT 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 CONSULTANT for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that CONSULTANT was negligent in the performance of its duties and obligations, and that CONSULTANT’s negligence was the direct cause of damage to a property downstream of the Project. 19. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor. Hourly  Engineering/Landscape Architecture/ROW 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 I/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 Attachment C  Teague Nall and Perkins, Inc. 2019 ‐ 2020 Standard Hourly Rates  Effective January 1, 2019 to December 31, 2020 SUE Engineer $170 Field Coordinator $140 Sr. Utility Location Specialist $140 Utility Location Specialist $90 1‐Person Designator Crew w/Equipment*** $145 2‐Person Designator Crew w/Equipment*** $170 2‐Person Vac Excavator Crew w/Equip (Exposing Utility Only) $275 (4 hr. min.) Core Drill (equipment only) $750 per day SUE QL‐A Test Hole (0 < 4 ft) $1,250 each SUE QL‐A Test Hole (> 4 < 6 ft) $1,500 each SUE QL‐A Test Hole (> 6 < 8 ft) $1,750 each SUE QL‐A Test Hole (> 8 < 10 ft) $2,000 each SUE QL‐A Test Hole (> 10 < 12 ft) $2,250 each SUE QL‐A Test Hole (> 12 < 14 ft) $2,500 each Hourly  Construction Management, Construction Engineering and Inspection (CEI)  Billing Rate Construction Inspector II $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 subsequest years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies.