Item 4J - MemoCITY OF
SOUTHLAKE
Item 4J
MEMORANDUM
(October 19, 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 design,
right-of-way appraisal and construction phase services for
water line improvements located at East Highland Street from
North Carroll Avenue to North Kimball Avenue an amount not
to exceed $175,000.
Action
Requested: Approve Supplement Agreement No. 1 with Teague Nall and
Perkins, Inc. (TNP) to provide additional engineering design, right-
of-way appraisal and construction phase services for water line
improvements located at East Highland Street from North Carroll
Avenue to North Kimball Avenue an amount not to exceed
$175,000.
Background
Information: The purpose of this project is to upsize the existing 6-inch diameter
water line segments along East Highland Street between North
Kimball Avenue and North Carroll Avenue to a 12-inch diameter
water line to improve system operations and increase local
pressure. This project will also upsize the existing 2-inch diameter
water line in Ashmoore Court from Blythe Lane and extend it to the
proposed 12-inch water line at East Highland Street.
The current Engineering Services Agreement (ESA), executed on
December 1, 2020, provides professional services to 60%
completion. The original Engineering Services Agreement is in the
amount of $199,820. Supplement Agreement No. 1 incorporates
the remaining scope required for final design, bid and construction
phase services, right-of-way appraisal services, and construction
materials testing services. In addition, Supplement Agreement No.
1 adds design services that will upsize an existing 2-inch diameter
water line in Ashmoore Court. This existing dead-end line will be
eliminated by looping it to the proposed 12-inch Highland water line
improving system redundancy and water quality in the area.
Additional professional services included in Supplement Agreement
No. 1 will allow for a turn -key approach for the remainder of the
project, eliminating the need to obtain separate agreements for
Page 1 of 2
Item 4J
appraisal and construction testing services, thus providing good
value and minimizing coordination between multiple consultants.
Supplement Agreement No. 1 for the Water Line Improvements at
East Highland Street from North Carroll Avenue to North Kimball
Avenue will provide professional services for full completion of the
project from remaining design to construction closeout, in an
amount not to exceed $175,000. This amount includes $39,850 in
contingency for additional engineering services that may arises due
to unforeseen conditions.
Financial
Considerations: Funding for this agreement is budgeted as part of the approved
Capital Impreovement 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, Cl: 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
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 design, right-
of-way appraisal and construction phase services for water line
improvements located at East Highland Street from North Carroll
Avenue to North Kimball Avenue an amount not to exceed
$175,000.
Page 2 of 2
Item 4J
Supporting
Documents: Attachment A: Supplement Agreement No. 1
Attachment B: 2020 Engineering Services Agreement
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Jeff Ginn, P.E., Civil Engineer
Page 3 of 3
Attachment A
ENGINEER'S CONTRACT
SUPPLEMENT AGREEMENT NO. 1
CITY OF SOUTHLAKE
THE STATE OF TEXAS
TARRANT COUNTY
KNOW ALL MEN BY THESE PRESENTS:
THIS SUPPLEMENT AGREEMENT made and entered into this day of 2021,
by and between the City of Southlake, hereinafter referred to as "City" and Teague Nall and
Perkins, Inc., hereinafter referred to as the "Engineer".
WITNESSETH THAT:
WHEREAS the City and the Engineer entered into a contract on December 1 st, 2020, to acquire
professional engineering services for the East Highland Water Improvements Project; and
WHEREAS the City desires to change the scope of the project as outlined in Attachment A.
NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of East
Highland Water Improvements Project, be modified as follows:
SCOPE OF CHANGE
The scope of the project has expanded and requires additional funds. The project, along with the
original contract, will incorporate additional tasks and expanded limits as outlined in Attachment
A.
COMPENSATION
The total amount of additional compensation under this contract is hereby increased by an
amount not to exceed $135,150. An itemized breakdown of the fees is outlined in Attachment B.
The original contract was approved on December 1 st, 2020 for the amount of $199,820.
TIME OF COMPLETION
Engineering services to be rendered hereunder shall be complete at such time as stated in original
agreement.
ORIGINAL CONTRACT
All requirements of the aforesaid contract of East Highland Water Improvements Project, and
this Supplement Agreement No. 1, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their
respective officers duly authorized as of the day and year first above written.
CITY OF SOUTHLAKE, TEXAS
By:
Robert Cohen
Director of Public Works
By:
John Huffman
Mayor
ENGINEER:
TEAGUE NALL AND PERKINS, INC.
By:
Jonathan Bengfort
Director of Engineering Services
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES FOR
SUPPLEMENT AGREEMENT NO. 1
Teague Nall and Perkins, Inc. (CONSULTANT) shall render the following additional professional services
associated with the East Highland Water Improvements project:
Engineering Services include:
• Perform Tasks 1 and 2 as outlined in the original contract for an additional 540 LF of 6"/8" water line
along Ashmoore Court between E Highland Street and Blythe Lane.
• Make requested alignment and design changes to the proposed 12" E Highland Street water line as
discussed during and subsequent to the 60% design review workshop with the City.
• If necessary, design approximately 200 LF of sanitary sewer relocation on the CISD tract near N Carroll
Avenue to accommodate the City's preferred 1 2" water line alignment.
• Coordinate with franchise utilities impacted by the Project and facilitate necessary relocations to
accommodate the City's preferred water line alignment.
• Update the overall project schedule and opinion of probable construction cost to include the additional
Ashmoore Court water, CISD sewer relocation, sidewalk, and/or utility relocations, as applicable.
• Provide the following services during the Project's bidding and award phase:
o Assist the CITY in preparing an advertisement for the construction.
o Upload the bidding documents to a web -based distribution system such as Civcast.
o Assist the CITY in preparing an agenda and conducting a pre -bid conference.
o Assist the CITY in addressing bidder questions and preparing and distributing any addenda.
o Assist in the bid opening and tabulation of bids.
o Assist the CITY in evaluating the best value criteria and determining the qualifications of
prospective contractors and their teams. Provide a letter of recommendation to the City for
award of the project.
o Assist the CITY in coordinating with the selected Contractor to compile the necessary bonds and
insurance to prepare the contract documents for execution by the CITY and the Contractor.
o Incorporate all addenda into the contract documents and issue conformed sets of plans and
specifications for use as the issued for construction documents.
• Provide construction administration services for the Project as follows:
o CONSULTANT shall not be responsible for providing construction inspection or for the means,
methods, techniques, sequences, or procedures of construction selected by the Contractor, or the
safety precautions and programs incident to the work of the Contractor
o Assemble the executed contracts with the conformed plans for distribution at the pre -construction
meeting.
o The CONSULTANT shall prepare a pre -construction meeting agenda and conduct the pre -
construction meeting in conjunction with the CITY. CONSULTANT shall prepare and distribute
meeting minutes.
o Maintain a document control process/system for the purpose of tracking and processing the
Contractor's submittals, RFI's, change orders, etc., and provide for filing and retrieval of Project
documentation.
o Provide interpretations and clarifications of contract documents, prepare change orders, and
make recommendations as to the acceptability of the work.
o Review the Contractor's monthly pay requests and make recommendations to the CITY regarding
acceptance and recommendation for payment.
o Participate in up to four (4) site visits or meetings with the CITY and/or Contractor for the purpose
of coordination or to address construction related issues.
o Review samples, catalog data, schedules, shop drawings and modification requests.
o Review quality related documents provided by the Contractor such as laboratory tests, equipment
tests, or -equal submittals and other data and documentation associated with the Project.
o Assist the CITY in processing contract modifications (e.g. change orders) and in the negotiating
with Contractor to determine the cost and time impacts of these changes.
o The CONSULTANT shall attend the "Final" project walk through and prepare the final punch list.
CONSULTANT shall coordinate with the construction inspector and CITY to confirm that the punch
list items have been addressed before issuing any substantial or final completion letters to the
CITY.
o The CONSULTANT shall prepare Record Drawings using information provided by the CITY and
the Contractor. Record drawings shall consist of a full size (22"x34") blackline copy and a PDF
version. CONSULTANT shall also provide the CITY with AutoCAD files for the Project, if
requested.
o Upon completion of Project, prepare and issue a Letter of Recommendation of Project Acceptance
to the CITY that also identifies the start of the Project's warranty period.
• Assumptions:
o The CITY is responsible for the cost of advertising the project.
o The CONSULTANT will assemble the conformed contract documents and specifications for
construction.
o The CONSULTANT will facilitate the distribution of plans through a web -based plan distribution
system such as Civcast.
o The bid opening will take place at the City offices. CONSULTANT will be present to assist with
the opening and reading of the bids.
o The length of construction is anticipated to be a period of eight (8) months.
• Additional Services:
o Alignment and design changes requested by the City as part of the 60% design review process
are included in the scope of this amendment. However, additional alignment and/or design
changes stemming from property owner requests, easement/ROW negotiations, and/or private
utility coordination shall be considered an Additional Service.
Surveying Services include:
• Perform Task 3 as outlined in the original contract for an additional 600 LF along Ashmoore Court
between E Highland Street and Blythe Lane.
Subsurface Utility Engineering (SUE) Services include:
• Perform Task 5 as outlined in the original contract for an additional 600 LF along Ashmoore Court
between E Highland Street and Blythe Lane.
• The following utilities are anticipated:
o Frontier fiber optic
o Frontier telephone
o Atmos natural gas
o City water
o City sanitary sewer
• The total anticipated linear footages are 2,400 LF of QL-B and 900 LF of QL-C/D.
• Up to two (2) additional QL-A test holes are anticipated.
Negotiations, Title, and Appraisal Services include:
• Up to five (5) parcels are anticipated.
• Project Administration
o Attend status meetings with appropriate City Staff. Date, time and location are determined by
City Staff.
o Maintain copies of all correspondence and contacts with property owners.
• Title Services
o Secure Ownership & Lien Reports from the Title Company.
o The curative services necessary to provide clear title to the City is the responsibility of the
Provider (Teague Nall and Perkins).
o Cost of curative services are included in the negotiated fee schedule for this service.
o Curative services do not include costs/expenses that qualify as payment of incidental expenses to
transfer real property to the City.
o The Provider has the responsibility of direct contact with the Title Company to obtain an updated
title along with other forms and certified copy of the instrument of conveyance necessary when
requesting the Parcel Payment from City Staff.
o Any fee related to obtaining certified court documents and fees for recording same shall be
direct pass through fees at the exact cost supported by the county courthouse receipts.
o Provider shall cause the recordation of all original instruments.
• Negotiation Services
o Analyze preliminary title report to determine potential title problems, propose and inform City
Office of methods to cure title deficiencies.
o Analyze Tarrant County Appraisal District information and confirm the City's approved value
prior to making offer for each parcel. Provider shall attempt to obtain the easements through
donation prior to discussing approved monetary offer with landowners.
o Prepare and send the letter transmitting the Landowners' Bill of Rights by Certified Mail Return
Receipt Requested (CMRRR).
o Prepare the initial offer letter, memorandum of agreement, instruments of conveyance, and any
other documents required or requested by the City.
o Any prepared forms will be submitted to the City for approval.
o The written offer and required brochures must be sent to each property owner or the property
owner's designated representative through Certified Mail Return Receipt Requested (CMRRR).
Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for
the closing. Retain copies of the unsigned CMRRR as support for billing purposes.
o Make at least four (4) diligent attempts to negotiate with each property owner after which
negotiations will be considered exhausted.
o Prepare a separate negotiator report for each parcel.
o Copies of working and final file documents may be kept by the Provider (TNP). Parcel files of
original documentation related to the purchase of the real property or property interests will be
maintained.
o Receive any counteroffers from the property owner. Evaluate all counters and submit and discuss
them with the City's Project Manager.
o After concurrence of City Project Manager, prepare final offer letter, and mail the documents of
conveyance by Certified Mail Return Receipt Requested (CMRRR).
o Appear and provide Expert Witness testimony as a Provider when requested.
o Issue Property Owner's Survey to the property owner.
• Appraisal Services
o Provide Real Estate Appraisal Right -of -Way Services for the project as directed by the City.
o The cost of appraisal services ranges between $3,000-$4,000/parcel.
• Additional Services
The following services are not included in the Basic Services but may be included as an Additional Service.
Additional Services shall be considered additional work and shall be reimbursed at the Professional's standard
hourly rates or standard rates for items provided in-house.
o Title Commitment and Closing Services — Necessary when buying Right of Way in Fee:
• Secure preliminary title commitment or preliminary title search, and 5-year sales data from Title
Company that will be providing title insurance. The charges from the Title Company for the
preliminary title commitments will be paid for by the City.
• Secure title commitment updates in accordance with insurance rules and requirements for parcel
payment submissions.
• Secure title insurance for all parcels acquired, insuring acceptable title to the City. Written
approval by the City required for any exception.
• The pass though cost of Title Commitments/Title Policy/and closings ranges from $1,500-
$2,000/parcel.
o Provide Condemnation Support Right -of -Way Services for the project as directed by the City.
o Addition of parcels for acquisition caused by change in design, parcel splits, additional
requirements for either enlarged or additional parcels, settlement negotiations after City accepts
eminent domain recommendation or other valid causes approved or required by the City.
Geotechnical Services include:
• Subsurface Exploration:
Based on past experience in the vicinity of the project, we anticipate subsurface conditions to consist of
the Woodbine geological formation.
Experienced drillers and technicians will evaluate subsurface conditions with a total of six (b) sample
borings. Five (5) borings will be drilled to a depth of 15 feet along the proposed alignment and one (1)
boring will be drilled to a depth of 20 feet at the proposed road crossing.
The field personnel will drill the borings using truck -mounted equipment. Cohesive and non -cohesive soil
samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split -
spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas
Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in
the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve
their condition, and return them to the laboratory for testing. A log of each boring will be prepared to
document field activities and results.
• Laboratory Services:
Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be
required for classification purposes, and to determine strength characteristics. The following types of
tests are therefore recommended:
• moisture content and soil identification
• percent passing #200 sieve
• sieve analyses and hydrometer analyses
• liquid and plastic limit determinations
• unconfined compression tests on soil
• unit weight determinations
The specific types and quantities of tests will be determined based on geologic conditions encountered in
the borings.
• Engineering Services:
An engineering report will be prepared to present the results of the field and laboratory data together
with our analyses of the results and recommendations. We will provide two copies of the report and an
electronic copy. The report will address:
• general soil and groundwater conditions
• comments on general excavatability of soils and shale encountered
• comments on difficulty of excavation, including water, caving soils, rock hardness,
and directional bore drilling conditions
• recommendations for pipe installation, including bedding and backfill
• earthwork recommendations
Items other than those specified above, which are revealed by these studies or are necessitated by a
change in project scope, may require revised field, laboratory, and engineering services. These services,
if required and requested, will be performed as Additional Services.
Materials Testing Services include:
• Backfill and compaction testing for approximately 2,500 LF of open cut water line installation.
• Testing methods and frequency shall meet NCTCOG specifications.
• Laboratory testing may include testing of existing subgrade, fill, backfill, select fill and stabilized
pavement subgrade materials; in -place moisture/density testing of same; and/or in -place sieve analysis
of stabilized pavement subgrade.
Sidewalk Evaluation (if requested) includes:
• If requested, evaluate the E Highland Street corridor for the potential addition of sidewalk where
currently missing. This may include general limits and layout of proposed sidewalks. However, detailed
design nor inclusion in the construction documents are anticipated.
ATTACHMENT 'B'
ITEMIZED FEES FOR
SUPPLEMENT AGREEMENT NO. 1
Teague Nall and Perkins, Inc. (CONSULTANT) compensation for the services outlined in Attachment A shall be as
follows:
Engineering Services:
$45,000
(Fixed Fee)
Surveying Services:
$7,500
(Fixed Fee)
Subsurface Utility Engineering Services:
$10,000
(Fixed Fee)
Negotiations, Title, and Appraisal Services:
Negotiations:
$20,000
(Time and Expense)
Ownership and Lien Title Report:
$2,750
(Time and Expense)
Appraisal Services:
$22,500
(Time and Expense)
Geotechnical Services:
$10,500
(Fixed Fee)
Materials Testing Services:
$10,000
(Time and Expense)
Sidewalk Evaluation:
$3,000
(Fixed Fee)
Direct Expenses:
$3,900
(3% Fee)
Total
$135,150
Attachment B
ORIGINAL DOCUMENT
CITY OF SOUTHLAKE
AGREEMENT FOR ENGINEERING SERVICES CouncilAction;&T
Ord./Res. No.
Date Approved /
THIS AGREEMENT is made this 6=— 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.
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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
required for the ENGINEER to provide its services.
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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:
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 5
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 6
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
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 7
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed 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 8
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 SOLITHLAKE:
�-- a
Laura Hill, Mayor ��a` �HLA/�%,
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ATTEST:
CitySelfjiary
Page 9
ENGINEER: TEAGUE NALL AND PERKINS, INC.
By: �---
Z-J'Onathan Bengfo .E.
THE STATE OF TEXAS §
COUNTY OF 4-?JT §
Before me on this day personally appeared Tb4known to me [or
proved to me on the oath of or through rxDl
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
1?1t2EGTU(L of I N f, 1 W , and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this I V� day of
A.D.
(SEAL) Notary PubTic—, State of exa��C"' /
' $HANNONPERKINS S�->��Nati
Notary PuhSc, State of Texas w
1=, T� -r Comm. Expires 08-15.2024 Notary's Name Printed
�• Notary ID 130778857
Page 10
tnp
t . . . . . null & Perkins
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
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 1 2" 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 1
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 2
Approved by CLIENT: Accepted by CONSULTANT:
City of Southlake Teague Nall and Perkins, Inc.
By: Bye Jonathan rt, P.E.
Title: Title: Director of Engineering Services
Date: Date: 1 1.16.20
Page 3
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,
I.I. 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 4
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 5
• 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 6
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 7
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(201 1) 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 8
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 Cl/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 9
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 10
ATTACHMENT'B'
PROVISIONS
1. AUTHORIZATION TO PROCEED 10.
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.
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 sholl 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 �h% 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.
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. 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 Contractor's method of pricing, and that the opinions of
probable cost provided to CLIENT are to be made on the basis of the 14.
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 15.
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.
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.
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.
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.
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.
B. MEDIATION
In an effort to resolve any conflicts that arise during the design or 19.
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, subconsultonts, 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 19.
to enforce any of the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing porty shall
pay the prevailing party such reasonable amounts for fees, costs and
expenses as may be set by the court.
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
count 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.
CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY
Means and methods of construction and jobsite safety are the sole
responsibility of the contractor.
Page 11
Attachment C
Teague Nall and Perkins, Inc.
2019 - 2020 Standard Hourly Rates
Effective January 1, 2019 to December 31, 2020
Engineering/Landscape Architecture/ROW
Hourly
Billing Rate
Principal or Director
$250
Team Leader
$230
Senior Project Manager
$220
Project Manager
$175
Senior Engineer
$230
Project Engineer
$160
Engineer III/IV
$135
Engineer 1/II
$125
Landscape Architect / Planner
$160
Landscape Designer
$120
Senior Designer
$140
Designer
$130
Senior CAD Technician
$125
CAD Technician
$110
IT Technician
$170
Clerical
$80
ROW Manager
$190
Senior ROW Agent
$160
ROW Agent
$125
Relocation Agent
$160
ROW Admin
$70
Intern
$70
Hourly
Surveying
Billing Rate
Survey Manager
$230
Registered Professional Land Surveyor (RPLS)
$195
Field Coordinator
$140
S.I.T. or Senior Survey Technician
$140
Survey Technician
$110
1-Person Field Crew w/Equipment**
$145
2-Person Field Crew w/Equipment**
$175
3-Person Field Crew w/Equipment**
$200
4-Person Field Crew w/Equipment**
$220
Flagger
$50
Abstractor (Property Deed Research)
$90
Small Unmanned Aerial Systems (sUAS) Equipment & Crew
$400
Terrestrial Scanning Equipment & Crew
$250
Hourly
and SUE Billing Rate
Utility Coordinator $150
SUE Project Manager $190
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 Inspectorll
$100
Construction Inspector III
$110
Senior Construction Inspector
$130
Construction Superintendent
$180
Senior Project Manager
$220
Direct Cost Reimbursables
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots,
photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or
separate accounting of these items will be performed by TNP.
Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client
by TNP to other entities shall be invoiced at 1.10 times actual cost.
Notes:
All subcontracted and outsourced services shall be billed at rates comparable to TNPs 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, ATV, Robotic Total Station, GPS Units and Digital Level.
"` Includes crew labor, vehicle costs, and field supplies.
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