Item 4F - MemoCITY OF
SOUTHLAKE
Item 4F
MEMORANDUM
(August 3, 2021)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve Supplement Agreement No. 1 with Teague Nall and
Perkins, Inc. (TNP) to provide additional engineering services
for the Southlake Pathways Program Management project in an
amount not to exceed $75,000.
Action
Requested: Approve Supplement Agreement No. 1 with Teague Nall and
Perkins, Inc. (TNP) to provide additional engineering services for the
Southlake Pathways Program Management project in an amount not
to exceed $75,000.
Background
Information: The City-wide Pathways Program is part of a continuous effort to
provide safe, seamless, and effective sidewalks for pedestrians.
According to past citizen surveys, sidewalks are considered a top
priority in the City. The primary objective is to provide sidewalks to
connect neighborhoods, close gaps between existing facilities and
offer pedestrian safety to keep foot traffic off City streets.
The City entered into an Engineering Services Agreement (ESA)
with TNP for the development, management, and implementation of
the Pathway's Program in the amount of $49,950. Within the
original scope, TNP would provide a sidewalk construction priority
list along with acquisition needs, constructability, and cost
estimates per segment of sidewalks. Under the Supplement
Agreement, the expanded scope would include additional efforts to
complete the Pathway's Program and construction services for
various sidewalk segments evaluated and recommended based on
the Pathways construction priority list. The focus of this program is
to evaluate residential areas with some park connections.
Construction for these identified sidewalk segments will be based
on the engineer's evaluation and anticipated to begin Fall 2021.
Therefore, staff is requesting that City Council approve this
agreement in an amount not to exceed $75,000.
Page 1 of 2
Item 4F
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, Mobility, and Infrastructure. It specifically relates
to the City's Corporate Objectives, Cl: Achieve the Highest Standard
of Safety & Security, C2: Provide Travel Convenience Within City &
Region, and F2: Invest To Provide & Maintain High Quality Public
Assets. The Critical Business Outcomes are CBO2: Enhance
Mobility Through Aggressive Traffic Management Initiatives And
Capital Project Implementation, and CBO5: Improve 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 Supplement Agreement No. 1 with Teague Nall and
Perkins, Inc. (TNP) to provide additional engineering services for the
Southlake Pathways Program Management project in an amount not
to exceed $75,000.
Supporting
Documents: Attachment A: Supplement Agreement No.1
Attachment B: FY 2021 Engineering Services Agreement
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Page 2 of 2
Attachment A
ENGINEER'S CONTRACT
SUPPLEMENT AGREEMENT NO. I
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 December 17th, 2020, to acquire
professional engineering services for the Southlake Pathways Program Management Project; and
WHEREAS the City desires to change the scope of the project to allow for payment of future
"Additional Services" as defined in Section 2 of the Agreement.
NOW, THEREFORE, it is hereby agreed between the parties hereto that the contract of
Southlake Pathways Program Management Project be modified as follows:
SCOPE OF CHANGE
The scope of the project has expanded and requires additional funds for Task 1 of the original
agreement, Engineering and Surveying Services. The project, along with the original contract,
will incorporate added segments, completion of the Pathways Program Matrix, and construction
services for various sidewalk segments evaluated and recommended based on the construction
priority list identified on the Pathways Master Plan. Itemized scope of services for Supplement
Agreement No. 1 are outlined in Attachment A.
COMPENSATION
The total amount of additional compensation under this contract is hereby increased by an
amount not to exceed $75,000. The original contract was approved on December 20th, 2020, for
the amount of $49,950.
TIME OF COMPLETION
Engineering services to be rendered hereunder shall be complete at such time as stated in the
original agreement.
ORIGINAL CONTRACT
All requirements of the aforesaid contract of Southlake Pathwaygram Management Project
and this Supplement Agreement No. I 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:
Shana Yelverton
City Manager
ENGINEER:
TEAGUE NALL AND PERKINS, INC.
Lo
Jonathan Bengfort, P.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 professional services as requested and
as necessary for the development, management and implementation of the City of Southlake Pathways Strategic
Plan:
Supplement Agreement No. 1 tasks include:
• Incorporation of additional projects into the pathways program, as requested by the City.
• Refinement of the program's prioritization algorithm.
• Preparation of opinions of probable construction cost for the projects within the program.
• Constructability review of the projects within the program.
• Updating the pathways strategic plan based on updated prioritization.
• Maintenance of a geographic information system (GIS) map of pathways projects within the program.
Following the completion of the tasks outlined above, the following tasks may be requested and performed for
Pathways Projects 47 (Nettleton Drive) and 61 (Stonebury Court):
• Perform boundary survey and establish/mark the ROW limits in the field to aid the Contractor during
construction.
• Participate in a field meeting with the City and Contractor to establish sidewalk construction parameters,
collaborate on how to address any obstructions, and plan the project.
• Participate in construction coordination meetings with the City and Contractor as necessary.
• Participate in a final walk-thru with the City and Contractor to confirm that construction parameters were
satisfied.
The project deliver method outlined above may be requested and performed for additional projects within the
Pathways Program if unused budget remains following the completion of the tasks outlined above.
Attachment B
ORIGINAL DOCU M I ;N f
CITY OF SOUTHLAKE
,1
AGREEMENT FOR ENGINEERING SERVICES Council Action:
Ord./Res. No.
Date Approved
THIS AGREEMENT is made this day of 2020 by and_—T'+1
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 for professional services associated
with the development, management, and implementation of the City of Southlake
Pathways Program. This project is to be known as the Southlake Pathways Program
Management 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.
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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.
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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.
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L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
It. 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
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required for the ENGINEER to provide its services.
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 on an hourly basis plus expenses in an amount not to exceed $49,950 (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 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;
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.
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
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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
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
Page 7
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
September 30, 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
If to ENGINEER: Jonathan Bengfort, P.E.
Director of Engineering Services
Teague, Nall and Perkins, Inc.
5237 N. Riverside Dr., Ste. 100
Fort Worth, TX 76137
Phone: (817)336-5773
All notice shall be effective upon the date of receipt.
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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.
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ATTACHMENT 'A'
PROJECT NAME: Southlake Pathways Program Management
TNP PROJECT NUMBER: SLK
CLIENT: City of Southlake
ADDRESS: 1400 Main Street, Suite 320
Southlake, TX 76092
The City of Southlake (the "CLIENT") hereby requests and authorizes Teague Nall
and Perkins, Inc., (TNP, the "CONSULTANT") to perform the following services:
Article I
SCOPE: Provide professional services as requested and as necessary for the
development, management, and implementation of the City of Southlake
Pathways Program. A detailed list of potential tasks involved with the Project are
provided in Attachment'B'.
Article II
COMPENSATION: Compensation for these services shall be as follows:
A. Enoineerina and Survevino Services: Engineering and surveying services
shall be performed on an hourly reimbursable basis with an anticipated budget of
$49,950 including all expenses, direct costs and labor. This budget is 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.
Reimbursement shall be per the CONSULTANT's standard rate schedule. A
schedule of CONSULTANT's hourly rates for 2020/2021 is provided as
Attachment `C'. Services shall be billed monthly based on actual time spent
working on the project by CONSULTANT's staff.
B. Direct Exoenses: 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.
C. Work Outsourced to Others: For work done by others, at the actual cost to
the CONSULTANT of such services plus 10%.
D. Payment Terms: CLIENT shall be billed monthly for services rendered and pay
promptly upon receipt of invoice. Delays of transmitting payments to
engine
su'veyors
landscape architects
CONSULTANT more than 30 days from invoice date may result in cessation of
services until payment is received.
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.
Article IV
CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof.
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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 payrollrelated taxes, payments, premiums, and benefits.
DIRECT EXPENSES
TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the
CLIENT's Project, including but not limited to necessary transportation costs
including mileage at TNP, Inc.'s current rate when its, or its employee's,
automobiles are used, meals and lodging, laboratory tests and analyses, computer
services, word processing services, telephone, printing and binding charges.
Reimbursement for these expenses shall be on the basis of actual charges when
furnished by commercial sources and on the basis of usual commercial charges
when furnished by TNP, Inc.
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.
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'/,% 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 bylaw.
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.
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
Contractors 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 14.
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 15.
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 16
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 conceming
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.
SALESTAX
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.
SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act of 1989, the
CLIENT is informed that any complaints about surveying services may be
forwarded to the Texas Board of Professional Land Surveying, 12100 Park 35
Circle, Building A, Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263.
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.
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. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY
Means and methods of construction and jobsite safety are the sole responsibility of
the contractor.
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ATTACHMENT 'B'
ITEMIZED SCOPE OF SERVICES
Teague Nall and Perkins, Inc. (CONSULTANT) shall render the following professional services as requested
and as necessary for the development, management and implementation of the City of Southlake Pathways
Strategic Plan:
Initial Project Tasks include:
• Preparation and maintenance of a geographic information system (GIS) map of pathways projects
within the program.
• Right-of-way (ROW) research and verification to determine ROW acquisition needs.
• Stakeholder outreach regarding ROW needs.
Following the completion of the Initial Project Tasks outlined above, the following tasks may be requested
and performed:
• Refinement of the program's prioritization algorithm.
• Constructability review of the projects within the program.
• Preparation of opinions of probable construction cost for the projects within the program.
• Updating the pathways strategic plan based on updated prioritization.
• Boundary survey to facilitate the preparation of easement/ROW documents and/or to confirm limits
of existing ROW.
• Preparation of easement/ROW documents.
• Easement/ROW negotiation services.
• Design/Topographic survey.
• Subsurface Utility Engineering (SUE) or utility location services.
• Design and preparation of construction plans for the pathway improvements.
• Compilation of bid documents and bid packages.
• Project bidding support.
• Construction administration services.
• Construction staking services.
• Construction inspection services.
• Coordination and meetings with City staff.
• Prepare update presentations to City staff and/or Council.
• Review existing pedestrian facilities as requested and provide a professional opinion regarding ADA
compliance.
• Geotechnical investigations as requested (through a sub -consultant).
• Materials testing as requested (through a sub -consultant).
• Appraisal services as requested (through a sub -consultant).
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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:
• Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the
contract for construction.
• 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 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.
• Marketing exhibits or renderings.
• Public meetings.
• Performance of miscellaneous and supplemental services related to the project as requested by the
CLIENT.
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Attachment C
Teague Nall and Perkins, Inc.
2020 - 2021 Standard Hourly Rates
Effective January 1, 2020 to December 31, 2021
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 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
Surveying
Hourly
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 (4 hr. min.)
Terrestrial Scanning Equipment & Crew
$250
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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 Creww/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
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 subsequent years.
Survey equipment may include truck, AN, Robotic Total Station, GPS Units and Digital Level.
"" Includes crew labor, vehicle costs, and field supplies.
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