Item 4C - MemoCITY OF
SOUTHLAKE
MEMORANDUM
(November 2, 2021)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4C
Subject: Approve Supplement Agreement No. 1 with Teague Nall and
Perkins, Inc. (TNP) to provide additional engineering design
services for the Southlake Glen Erosion Improvements project
in an amount not to exceed $100,000.
Action
Requested: Approve Supplement Agreement No. 1 with Teague Nall and
Perkins, Inc. (TNP) to provide additional engineering design services
for the Southlake Glen Erosion Improvements project in an amount
not to exceed $100,000.
Background
Information: In FY 2020, the City Manager's Office (CMO) approved an
Engineering Services Agreement (ESA) for the Southlake Glen
Erosion Improvements Project in the amount of $48,410. This project
is located in the open space associated with the Southlake Glen
subdivision near North Kimball Avenue and Kirkwood Boulevard,
designated as Gateway Lakes Park.
The project at Southlake Glen aims to protect existing public
infrastructure by constructing stone -filled baskets for bank protection
to address the significant erosion adjacent to, and downstream of,
the park's southeastern -most pond. The continued erosion along the
bank could result in breaching of the pond next to the channel. This
project is required for emergency preparedness and to prevent
damage to the public park and public infrastructure, most notably a
sanitary sewer line that runs parallel to the stream. In January 2020,
the City took safety action and removed the pedestrian bridge
connecting the trail due to significant erosion that was exposing the
bridge's substructure and compromising its structural integrity. Under
the original ESA, the proposed design did not include a new bridge,
instead, it opted to have a trail dead-end with railing for protection.
After cross -departmental coordination and pathway consideration,
the revised design will now incorporate two pedestrian bridges to re-
connect the trail and allow a continuous path through the park.
Additional engineering services under the supplement include design
services associated with the two pedestrian bridges, geotechnical
Page 1 of 3
Item 4C
services and subsurface exploration for bridge foundation, and
surveying services expanding the survey of limits to cover the
location of proposed pedestrian bridges.
Supplement Agreement No. 1 provides engineering design services
to incorporate two pedestrian bridges in an additional amount not to
exceed $100,000; this amount includes $18,120 in contingency for
additional engineering design costs that may arise due to unforeseen
conditions. The original ESA, executed on August 4, 2020, is in the
amount of $48,410. The revised contract amount, including
Supplement Agreement No.1, amounts to $148,410 with
contingencies.
Financial
Considerations: Funding for this agreement is budgeted as part of the approved
Capital Improvement Program. This agreement is within the project
budget.
Strategic Link: This item links to the City's Strategy Map strategic focus areas of
Safety & Security and Quality Development. It specifically relates to
the City's Corporate Objectives, Cl: Achieve The Highest Standards
Of Safety & Security and C3: Provide Attractive & Unique Spaces
For Enjoyment Of Personal Interests. The Critical Business Outcome
is, CBO3: Engage In Thoughtful Planning To Ensure Continued High
Quality Development That Is Integrated Well Into The Current Built
Environment.
Citizen Input/
Board Review: None.
Legal
Review: The proposed agreement is a standard agreement that the City
Attorney has reviewed and approved.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve Supplement Agreement No. 1 with Teague Nall and
Perkins, Inc. (TNP) to provide additional engineering design services
for the Southlake Glen Erosion Improvements project in an amount
not to exceed $100,000.
Page 2 of 3
Item 4C
Supporting
Documents: Attachment A: Engineering Services Agreement
Attachment B: Supplement Agreement No. 1
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Page 3 of 3
Attachment A
ORIGINAL DOCUMENT
CITY OF SOUTIILAKE
AGREEMENT FOR ENGINEERING SERVICES Council Action; Yo
Ord./Res, No.
Date Approved LD
THIS AGREEMENT is made this 1! `� day of-kg5UJ- , 2020 by and
between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Teague
Nall and Perkins, Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, CITY contemplates the need to make erosion protection
improvements within the open space associated with the Southlake Glen subdivision
near the intersection of N Kimball Avenue and Kirkwood Boulevard. This project is to
be known as the Southlake Glen Erosion Improvements project and hereinafter referred
to as the "Project".
WHEREAS, ENGINEER is qualified, able, and desirous of performing the
necessary engineering work upon which the Project is based and is willing and able to
work with CITY staff to organize and coordinate the professional services necessary to
complete the Project.
NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER
agrees to perform, the engineering work for the Project, as more fully described herein
below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as
compensation, the payments on the dates and in the amounts herein specified, all in
accordance with the terms more fully set out below and as provided in Attachment A
which is attached hereto and incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Attachment A in accordance with the terms
set forth in this Agreement and in Attachment A.
B. Definitions
Services refer to the professional services performed by ENGINEER pursuant to
this Agreement.
C. Changes
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
ENGINEER's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
Pm,e
agreement and this Agreement shall be modified in writing accordingly.
D. Coordination with Owner
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to
the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior written consent
of CITY.
G. Independent Contractor
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details of
the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the proposed
Project and business relations with abutting property owners. ENGINEER further
warrants that it will make disclosure in writing of any conflicts of interest that develop
subsequent to the signing of this contract and prior to final payment under the contract.
Finally, Engineer warrants that it has submitted to the City a completed Conflicts of
Interest Questionnaire as required by Chapter 176 of the Texas Local Government
Code.
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Approval by CITY
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees,
and subcontractors for the accuracy and competency of the Services performed under
this Agreement, including but not limited to surveys, designs, working drawings and
specifications and other engineering documents.
Such approval shall not be deemed to be a waiver or an assumption of such
responsibility and liability by CITY for any negligent act, error, or omission in the
performance of ENGINEER's professional services or in the conduct or preparation of
the subsurface investigations, surveys, designs, working drawings and specifications or
other engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
J. Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON
OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION
OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT
ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO
THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND
SHALL BE CONSTRUED TO THAT EFFECT.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity (except the
indemnitees identified or described in Article I, Section J., above), notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
Page 3
L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
191MMAIN
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right-of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within
reasonable time and in writing to the material submitted by ENGINEER,
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in
Contractor's work;
6. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land
use regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services.
Page 4
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be
paid a fixed fee in the amount of $48,410 for Basic Services (as outlined in the attached
proposal) as billed monthly by ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for any services and expenses incurred
in accordance with the work performed subject to the limits set out in Article III.
Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared
and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by
such records or other written proof as CITY deems necessary to verify the billings.
Invoices shall be made to City Finance Department's office at 1400 Main Street,
Suite 440, Southlake. Texas 76092.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day
when payment for services and expenses is due under the terms of this Agreement,
ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in
Chapter 2251 of the Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to
time and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee and expenses (see Attachment C) for actual time
expended and actual out-of-pocket sums expended, such services to be one or more of
the following:
1. Make or prepare detailed description of sites, maps, or drawings related
thereto and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
Page 5
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection
is not required, in writing, by the CITY;
6. Other services agreed to by the parties in writing and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided and in
accordance with any applicable governmental laws, regulations and ordinances.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and
shall remain in force until work is completed on the Project or until terminated under the
provisions hereinafter provided in Article VIII.
VIII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience, with or
without cause by giving written notice to the ENGINEER. Such termination may be
made effective on such future date as agreed by the parties, but absent such
agreement shall be immediate. Upon receipt of such notice the ENGINEER shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials in connection
with the performance of this Agreement and shall proceed to cancel promptly all existing
contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered
through the date of termination together with any additional reimbursable expense then
due.
Page 6
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
Workers Compensation - Statutory Employer's Liability - Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY's consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
Page 7
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed by July
31, 2021. ENGINEER shall employ manpower and other resources, and use
professional skill and diligence to meet the schedule; however, ENGINEER shall not be
responsible for schedule delays resulting from conditions beyond its control. By mutual
agreement, CITY and ENGINEER may modify the Project schedule during the course of
the Project and if such modifications affect ENGINEER's compensation, it shall be
modified accordingly, subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
Page 8
If to ENGINEER: Jonathan Bengfort, P.E.
Director of Engineering Services
Teague Nall and Perkins, Inc.
5237 N. Riverside Dr., Ste. 100
Fort Worth, Texas 76137
Phone: (817) 336-5773
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
XIV. ARTICLE
VENUE -LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed
in two equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
RX
By:
City Manager
ATTEST:
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Page 9
ENGINEER: TEAGUE NALL AND PERKINS, INC.
0
Bengfort, P.E., Defector of Engineering Services
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared JIgLn � nown to me [or
proved to me on the oath of or through 1D t
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and th t he/she is the duly authorized
>'weehr of [ ;nnedr'L , of 2 Ive�.11 9u—trhG; , and acknowledged
h to me that Ind/shin a cute me he for the purposes and consideration therein
expressed.
Given under my hand and seal of office this y day of
A.D. Zola.
A) No ublic, State of Texas
Notary's Name erinted
}pr eyq ASHLEY JANE DEGG
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Notary Public, Slate of Taxes
'Q� Comm. Expires 01-06-2024
nrim.. Notary ID 132301e2e
Page 10
Attachment A
AUTHORIZATION FOR PROFESSIONAL SERVICES
PROJECT NAME:
TNP PROJECT NUMBER:
CLIENT:
ADDRESS:
Southlake Glen Erosion Improvements
SLK 20163
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
t n p am
w.lnpin
engirt e,s
sur,eyors
landscape a,chirece
TEXAS
FORT WORTH
DENTON
ALLEN
SAN ANTONIO
CYPRESS
SUGARLAND
GEORGIA
BLAIRSVILLE
ALBANY
The City of Southlake, Texas (the CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc.,
(the ENGINEER) to perform the following services:
Article I
SCOPE OF BASIC SERVICES:
Provide engineering and surveying services associated with the Southlake Glen Erosion
Improvements, including channel and pond embankment armoring.
A detailed scope of services for the effort is included as Attachment 'A' and is made a part
hereto. A project location map is included as Attachment 'B'.
Article II
COMPENSATION to be on a basis of the following:
BASIC SERVICES: The CLIENT agrees to compensate the Engineer as follows:
a. Engineering Services (Task 1) shall be a fixed fee amount of $41,000 (Forty -One
Thousand Dollars).
b. Surveying Services (Task 2) shall be a fixed fee amount of $6,000 (Six Thousand
Dollars).
2. DIRECT EXPENSES: A fee equal to 3% of labor billings shall be included on each monthly
invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and
mileage. No individual or separate accounting of these items will be performed by TNP.
Based on the proposed fees for engineering and surveying services, the anticipated fee
associated with direct expenses is $1,410. Any permit fees, filing fees, or other fees related
to the project and paid on behalf of the client by TNP to other entities shall be invoiced at
1.10 times actual cost and is not included in the $1,410 budget identified above.
3. ADDITIONAL SERVICES: Services provided by the Engineer which are not specifically
included in Basic Services as defined above or delineated in Attachment 'A' shall be
reimbursed on an hourly basis at standard TNP hourly rates (Attachment 'C'). Examples of
Additional Services are included in the Scope of Services (Attachment 'A').
4. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly
upon receipt of invoice. Billings for fixed fee services shall be based on the percentage of
Page 1
PSA for Soathloke Glen Drainage Improvements
Client: City of Southlake
July 29, 2020
work complete for the lump sum task(s). Billings for hourly services shall be based on the
actual time and materials associated with the hourly task(s). Delays of transmitting payments
to ENGINEER more than 30 days from invoice date may result in cessation of services until
payment is received. Additionally, ENGINEER may withhold all work products and documents
until payment is received in full. Time shall be added to the project schedule for any work
stoppages resulting from CLIENT's failure to render timely payment.
Agreement by CLIENT to this contract acknowledges available funding for the proposed
services provided by the ENGINEER. Payment for services shall not be contingent upon the
CLIENT's available project specific funds, or anticipated future funding.
Article III
SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A
project schedule based on the Scope will be provided upon approval of this Agreement, and made a part
hereto.
Article IV
CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof.
Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve
as notice to proceed. No work shall commence on the project until an executed copy of this contract is
received by ENGINEER. By signing below, the signer warrants that he or she is authorized to execute binding
contracts for the CLIENT.
Approved by CLIENT: Accepted by ENGINEER:
The City of Southlake Teague Nall and Perkins, Inc.
By: By: -:!5
Title: Title: Director of Engineering Services
Date: Date: 07.29.2020
Page 2
PSA for Southlake Glen Drainage Improvements
Client: City of Southlake
PROVISIONS
I. AUTHORIZATION TO PROCEED
Signing this agreement shall be construed as authorization by CLIENT for TNP,
Inc. to proceed with the work, unless otherwise provided for in this agreement.
2. LABOR COSTS
TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s
employees for work performed on CLIENTS Project plus a stipulated
percentage of such salaries to cover all payroll -related taxes, payments,
premiums, and benefits.
3. DIRECT EXPENSES
A fee equal to 3% of labor billings shall be included on each monthly invoice
to account for the TNP's direct expenses for the Project. Direct Expenses shall
be those costs incurred on or directly for the CLIENT's Project, including but
not limited to prints, plots, copies, postage, courier services, binding charges,
mileage, etc. Any permit fees, filing fees, application fees related to the
Project that ore paid by the TNP and are not covered by the scope of services
shall be reimbursed by the CLIENT at 1.10 times the actual cost.
4. OUTSIDE SERVICES
When technical or professional services are furnished by on outside source,
when approved by CLIENT, an additional amount shall be added to the cost
of these services for TNP, Inc.'s administrative costs, as provided herein.
5. OPINION OF PROBABLE COST
In providing opinions of probable cost, the CLIENT understands that TNP, Inc.
has no control over costs or the price of labor, equipment, or materials, or
over the Contractor's method of pricing, and that the opinions of probable
cost provided to CLIENT are to be made on the basis of the design
professional's qualifications and experience. TNP, Inc. makes no warranty,
expressed or implied, as to the accuracy of such opinions as compared to bid
or actual costs.
6. PROFESSIONAL STANDARDS
TNP, Inc. shall be responsible, to the level of competency presently maintained
by other practicing professional engineers in the some type of work in the
State of Texas, for the professional and technical soundness, accuracy, and
adequacy of all design, drawings, specifications, and other work and
materials furnished under this Authorization. TNP, Inc. makes no other
warranty, expressed or implied.
7. TERMINATION
Either CLIENT or TNP, Inc, may terminate this authorization by giving 10 days
written notice to the other party. In such event CLIENT shall forthwith pay
TNP, Inc. in full for all work previously authorized and performed prior to
effective date of termination. If no notice of termination is given, relationships
and obligations created by this Authorization shall be terminated upon
completion of all applicable requirements of this Authorization.
8. MEDIATION
In an effort to resolve any conflicts that arise during the design or construction
of the project or following the completion of the project, the CLIENT and the
ENGINEER agree that all disputes between them arising out of or relating to
this Agreement shall be submitted to nonbonding mediation unless the parties
mutually agree otherwise.
The CLIENT and the ENGINEER further agree to include a similar mediation
provision in all agreements with independent contractors and consultants
retained for the project and to require all independent contractors and
consultants retained also to include a similar mediation provision in all
agreements with subcontractors, subconsultants, suppliers or fabricators so
retained, thereby providing for mediation as the primary method for dispute
resolution between the parties to those agreements.
July 29, 2020
10. PAYMENT TO TNP, INC.
Monthly invoices will be issued by TNP, Inc. for all work performed under the
terms of this agreement. Invoices are due and payable on receipt. If
payment is not received within 30 days of invoice date, all work on CLIENT's
project shall cease and all work products and documents shall be withheld
until payment is received by TNP. Time shall be added to the project schedule
for any work stoppages resulting from CLIENT's failure to render payment
within 30 days of invoice date. Interest at the rate of 1 Yt% per month will be
charged on all past -due amounts, unless not permitted by law, in which case,
interest will be charged at the highest amount permitted by law.
11. LIMITATION OF LIABILITY
TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in
the aggregate, limited to an amount no greater than the fee earned under
this agreement.
12. ADDITIONAL SERVICES
Services not specified as Basic Services in Scope and Attachment 'A' will be
provided by TNP, Inc. as Additional Services when required. The CLIENT
agrees upon execution of this contract that no additional authorization is
required. Additional services will be paid for by CLIENT as indicated in
Article 11, Compensation.
13. SALES TAX
In accordance with the State Sales Tax Codes, certain surveying services are
taxable. Applicable sales tax Is not included in the fee set forth and will be
added on and collected when required by state law. Sales tax at the
applicable rate will be indicated on invoice statements.
14. SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act, the CLIENT
is informed that any complaints about surveying services may be forwarded
to the Texas Board of Professional Engineers and Land Surveyors, 1917 S.
Interstate 35, Austin, Texas 78741, fax: (5) 2) 440-5715.
15. LANDSCAPE ARCHITECT SERVICES
The Texas Board of Architectural Examiners has jurisdiction over complaints
regarding the professional practices of persons registered as landscape
architects in Texas. The CLIENT is informed that any complaints about
landscape architecture services be forwarded to the Texas Board of
Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2-350,
Austin, Texas 78701, Telephone IS 12) 305-9000, Fax (51 2) 305-8900.
16 INVALIDITY CLAUSE
In case any one or more of the provisions contained in this Agreement shall
be held illegal, the enforceability of the remaining provisions contained herein
shall not be impaired thereby.
17. PROJECT SITE SAFETY
TNP, Inc. has no duty or responsibility for project site safety.
18. DRAINAGE CLAUSE
The parties to this Agreement recognize that the developmern of real
property has the potential to increase water runoff on downstream
properties, and that such increase in runoff increases the possibility of water
damage to downstream properties. The CLIENT agrees to indemnify and
hold the ENGINEER harmless from any and all claims and damages arising,
directly or indirectly, from water or drainage damage to downstream
properties resulting from the development and construction of the Project.
CLIENT shall not be required to reimburse ENGINEER for any claims or
expenses arising out of the Project if it is determined by a court of competent
jurisdiction that ENGINEER was negligent in the performance of its duties and
obligations, and that ENGINEER's negligence was the direct cause of damage
to a property downstream of the Project.
9. LEGAL EXPENSES
In the event legal action is brought by CLIENT or TNP, Inc. against the other 19. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY
to enforce any of the obligations hereunder or arising out of any dispute Means and methods of construction and jobsite safety are the sole
concerning the terms and conditions hereby created, the losing party shall responsibility of the contractor.
pay the prevailing party such reasonable amounts for fees, costs and
expenses as may be set by the court.
Page 3
PSA for Soothlake Glen Erosion Improvements
Client: City of Soothlake
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
July 29, 2020
Teague Nall and Perkins, Inc., (ENGINEER) shall render the following professional services (BASIC
SERVICES) necessary for the development of the project.
Task 1: Engineering Services
The ENGINEER will perform the following drainage study tasks:
• Coordinate with the CLIENT to obtain hydrologic and hydraulic models developed for the
Southlake Glen development.
• Using the existing available models as the basis, modify the hydraulic model to reflect proposed
embankment improvements on the downstream side of Pond B. The purpose of this exercise is to
ensure that the weir outfall of Pond B is properly sized to control the location at which flow
leaves Pond B while also ensuring no increase in the 100-year water surface elevation.
The ENGINEER will develop design and construction documents for the following improvements:
• Gabion channel armoring for approximately 200 LF of the channel near Bridge #2, which was
recently removed.
• Pond embankment and outfall armoring (gabions) along approximately 75 LF of the
embankment on the downstream side of Pond B.
• Trail turnaround near east bank of the channel at Bridge #2, which was recently removed and
will not be replaced.
The construction plans will include the following:
• Cover sheet
• Project layout/General notes sheet
• Survey control sheet
• Drainage calculation sheets
• Channel/Pond embankment armoring design sheets
• Trail turnaround design sheet
• Construction detail sheets for gabions, rip rap, concrete trail, and pedestrian rail
Plan review submittals will be made to the CLIENT at 60%, 90%, and 100%. The 60% review submittal
will include preliminary plans and an opinion of probable construction cost. The 90% and 100%
submittals will include plans, contract documents and specifications, and an opinion of probable
construction cost.
Up to five (5) project meetings are included (1 kick-off meeting, 1 field visit/meeting, 1 design review
meeting, 1 pre -construction meeting, and 1 final walk-thru meeting).
The ENGINEER will assist the CLIENT in bidding the Project. Bid documents will be distributed
electronically through CivCast. Hardcopy distribution for bidding is not anticipated.
The ENGINEER will assist in the bid opening and tabulation of bids.
Page 4
PSA for Southlake Glen Erosion Improvements July 29, 2020
Client: City of So"thloke
The ENGINEER will assist the CLIENT in determining the qualifications and acceptability of prospective
contractors. A traditional lowest qualified bidder approach is anticipated.
The ENGINEER will incorporate all addenda into the contract documents and issue a conformed set of
plans and specifications for use as the issued for construction documents.
Task 2: T000araphic Survey
The ENGINEER will provide topographic survey services for the PROJECT, located in Southlake Glen, an
addition to the City of Southlake, Tarrant County, Texas, as recorded in County Clerk's document
D215280370 Plat Records, Tarrant County, Texas. Survey services will include all office and field work
necessary to prepare a topographic survey of the PROJECT area, including survey of trees 6" in
diameter and larger. A minimum of two (2) benchmarks shall be established at strategic locations within
the PROJECT area for use during the design and construction phases of the project. A base map
representing the results of the topographic design survey shall be prepared in Civil 3D format for in-
house design only. No boundary or easement work will be performed.
Survey information provided will be referenced to Grid North of the Texas Coordinate System of 1983
{North Central Zone No. 4202; NAD83(201 1) Epoch 20101 as derived locally from Western Data
Systems Continuously Operating Reference Stations via real time kinematic survey methods with the
vertical datum being tied to the City of Southlake Geodetic Control Network.
Page 5
PSA for Southlake Glen Erosion Improvements July 29, 2020
Client: City of Southlake
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CLIENT and ENGINEER agree
that the following services are beyond the Scope of Services described in the tasks above. However,
ENGINEER can provide these services, if needed, upon the CLIENT's written request. Any additional
amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These additional services
include the following:
• Geotechnical services.
• Utility location services.
• Boundary surveys.
• Preparation of easements.
• Negotiation of easements or property acquisition including temporary right -of -entries.
• Services related to development of the CLIENT's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of
the contract for construction.
• Construction management and inspection services.
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services related to Survey Construction Staking beyond providing the contractor with a CAD file
containing the alignment, benchmarks and control points.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CLIENT.
• Services related to environmental permitting or environmental impact statements.
• Section 404 USACE Individual Permit or Pre -Construction Notification.
• Cultural resources surveys, absence/presence surveys for any state- or federally -listed
protected species, any benthic or macro -invertebrate surveys.
• Services related to floodplain permits or revisions.
• SWPPP preparation.
• Landscape architecture services.
• Traffic control plans.
• Private retaining wall design.
• Marketing exhibits or renderings.
• Public meetings.
• Performance of miscellaneous and supplemental services related to the project as requested by
the CLIENT.
Page 6
Attachment C
Teague Nall and Perkins, Inc.
2019 - 2020 Standard Hourly Rates
Effective January 1, 2019 to December 31, 2020
Engineering/Landscape Architecture/ROW
Hourly
Billing Rate
Principal or Director
$250
Team Leader
$230
Senior Project Manager
$220
Project Manager
$175
Senior Engineer
$230
Project Engineer
$160
Engineer III/IV
$135
Engineer 1/II
$125
Landscape Architect / Planner
$160
Landscape Designer
$120
Senior Designer
$140
Designer
$130
Senior CAD Technician
$125
CAD Technician
$110
IT Technician
$170
Clerical
$80
ROW Manager
$190
Senior ROW Agent
$160
ROW Agent
$125
Relocation Agent
$160
ROW Admin
$70
Intern
$70
Hourly
Surveying
Billing Rate
Survey Manager
$230
Registered Professional Land Surveyor (RPLS)
$195
Field Coordinator
$140
S.I.T. or Senior Survey Technician
$140
Survey Technician
$110
1-Person Field Crew w/Equipment**
$145
2-Person Field Crew w/Equipment**
$175
3-Person Field Crew w/Equipment**
$200
4-Person Field Crew w/Equipment**
$220
Flagger
$50
Abstractor (Property Deed Research)
$90
Small Unmanned Aerial Systems (sUAS) Equipment & Crew
$400
Terrestrial Scanning Equipment & Crew
$250
Hourly
Utility Management, Utility Coordination, and SUE Billing Rate
Senior Utility Coordinator $165
Utility Coordinator $150
SUE Project Manager $190
SUE Engineer
Field Coordinator
Sr. Utility Location Specialist
Utility Location Specialist
1-Person Designator Crew w/Equipment* * *
2-Person Designator Crew w/Equipment***
2-Person Vac Excavator Crew w/Equip (Exposing Utility Only)
Core Drill (equipment only)
SUE QL-A Test Hole (0 < 4 ft)
SUE QL-A Test Hole (> 4 < 6 ft)
SUE QL-A Test Hole (> 6 < 8 ft)
SUE QL-A Test Hole (> 8 < 10 ft)
SUE QL-A Test Hole (> 10 < 12 ft)
SUE QL-A Test Hole (> 12 < 14 ft)
$170
$140
$140
$90
$145
$170
$275 (4 hr. min.)
$750 perday
$1,250 each
$1,500 each
$1,750 each
$2,000 each
$2,250 each
$2,500 each
Construction Management, Construction Engineering and Inspection (CEI)
Hourly
Billing Rate
Construction Inspectorll
$100
Construction Inspector III
$110
Senior Construction Inspector
$130
Construction Superintendent
$180
Senior Project Manager
$220
Direct Cost Reimbursables
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots,
photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or
separate accounting of these items will be performed by TNP.
Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client
by TNP to other entities shall be invoiced at 1.10 times actual cost.
Notes:
All subcontracted and outsourced services shall be billed at rates comparable to TNP's billing rates above or cost
times a multiplier of 1,10.
` Rates shown are for 2019 and 2020 and are subject to change in subsequent years.
" Survey equipment may include truck, AN, Robotic Total Station, GPS Units and Digital Level
"` Includes crew labor, vehicle costs, and field supplies.
Attachment B
ENGINEER'S CONTRACT
SUPPLEMENT AGREEMENT NO. 1
CITY OF SOUTHLAKE
THE STATE OF TEXAS
TARRANT COUNTY
KNOW ALL MEN BY THESE PRESENTS:
THIS SUPPLEMENT AGREEMENT made and entered into this day of 2021,
by and between the City of Southlake, hereinafter referred to as "City" and Teague Nall and
Perkins, Inc., hereinafter referred to as the "Engineer".
WITNESSETH THAT:
WHEREAS the City and the Engineer entered into a contract on August 4th, 2020, to acquire
professional engineering services for the Southlake Glen Erosion Improvements Project; and
WHEREAS the City desires to change the scope of the project as outlined in Attachment A.
NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of
Southlake Glen Erosion Improvements Project, be modified as follows:
SCOPE OF CHANGE
The scope of the project has expanded and requires additional funds. The project, along with the
original contract, will incorporate additional tasks as outlined in Attachment A.
COMPENSATION
The total amount of additional compensation under this contract is hereby increased by an
amount not to exceed $81,880. An itemized breakdown of the fees is outlined in Attachment B.
The original contract was approved on August 4th, 2020 for the amount of $48,410.
TIME OF COMPLETION
Engineering services to be rendered hereunder shall be complete at such time as stated in original
agreement.
ORIGINAL CONTRACT
All requirements of the aforesaid contract of Southlake Glen Erosion Improvements Project, and
this Supplement Agreement No. 1, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their
respective officers duly authorized as of the day and year first above written.
OWNER:
CITY OF SOUTHLAKE, TEXAS
By:
Robert Cohen
Director of Public Works
By:
John Huffman
Mayor
ENGINEER:
TEAGUE NALL AND PERKINS, INC.
By:
Jonathan Bengfot , E.
Director of Engineering Services
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES FOR
SUPPLEMENT AGREEMENT NO. 1
Teague Nall and Perkins, Inc. (CONSULTANT) shall render the following additional professional services
associated with the Southlake Glen Erosion Improvements project:
Engineering Services include:
1) Design services associated with two pedestrian bridges within the limits of the Project as follows:
A. Bridge design scope of services shall include the preparation of the complete Plans, specifications and
estimates (PS&E) package for the Pedestrian Bridges at Glen Park drainage channel in Southlake.
The construction plan set shall contain all drawings, details, and applicable standards required to
describe the grading, paving, drainage, bridges and sequence of construction for the construction
project. City standard drawings will be included without modification whenever possible. The project
will be developed utilizing English units of measurement. The Bridge design and detail work to be
completed for the project is as follows:
1. Engineer shall prepare complete bridge plan and profile sheets including proposed horizontal
and vertical alignment for bridge approach trail design cross sections.
2. Engineer shall prepare Bridge Layout Plan and Elevation drawing to be provided to the CITY.
3. Engineer shall prepare bridge abutment concrete details. Bridge foundation design shall be in
accordance with the TxDOT's Bridge Division Geotechnical Manual. Bridge structure details will
conform to standard TxDOT Bridge design criteria and detailing practices.
4. Engineer to provide Bridge Abutment plan and concrete detail drawings for construction.
5. Engineer to provide schematic detailed elevation and section drawing with specifications for a
single main span Pre -Engineered steel truss framing system over the park's drainage channel.
6. Engineer shall provide main truss bearing seat elevations and vertical control data for a low beam
1 2" free -board clearance above a Design Storm Event for construction installation.
7. Engineer shall provide abutment concrete rip rap plan detailing toe of slope, limits of rip rap, slope
and adjacent grading.
8. Engineer shall provide project material quantity summaries.
9. Engineer shall provide General construction notes and material specifications based upon the Texas
Department of Transportation (TxDOT) 2014 Edition, "Standard Specifications for Construction and
Maintenance of Highways, Streets, and Bridges".
10. Bridge design will be in accordance with TxDOT and AASHTO LRFD Pedestrian bridge design
requirements.
B. Design Exceptions -
1. Special architectural or aesthetic amenities are not anticipated for the Bridge Design.
2. City miscellaneous fiber optic utilities, lighting or electrical conduit is not anticipated for design of
the bridge.
3. A boring log profile sheet is not anticipated for this project.
C. Bridge Total Quantities and Cost Estimates —
The ENGINEER shall provide all bridge quantities and the estimate of probable construction cost for
the bridge for 100% submittals.
D. Quality Assurance/Quality Control - Review structural details prior to City milestone submittal at 60%
and 95% complete. Quality control includes review of final bridge details with Bridge Design checklist
and coordination with structural calculations prior to 100% complete submittal.
E. Construction Phase Services —
The Engineer shall perform up to three (3) site visits to monitor construction, answer contractor requests
for information (RFI), review shop drawing submittals and material for compliance to project plans and
specifications.
2) Geotechnical services as follows:
A. SUBSURFACE EXPLORATION
1 . Based on past experience in the vicinity of the project, we anticipate subsurface conditions to
consist of soils and shale of the Woodbine geological formation.
2. Experienced drillers and technicians will evaluate subsurface conditions with two (2) sample
borings (one at each bridge site) to a depth of 35 to 40 feet below existing grade, to at least 10
feet into unweathered gray shale.
3. The field personnel will drill the boring using truck -mounted equipment. Cohesive and non -
cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch
diameter standard split -spoon samplers, respectively. In addition, rock encountered will be
evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils
logger will extrude the samples in the field, check the samples for consistency with a hand
penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory
for testing. A log of boring will be prepared to document field activities and results.
4. CMJ's personnel will stake the boring location using handheld GPS equipment. The approximate
location of the boring will be shown on the plan of boring. Precise surveying of the boring
location and elevation is not included in the cost estimate. These services may be provided as
Additional Services upon request. At the completion of drilling operations, the borehole will be
backfilled with drill cuttings and plugged at the surface by hand tamping.
B. LABORATORY SERVICES
1 . Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will
be required for classification purposes, and to determine strength characteristics. The following
types of tests are therefore recommended:
i. moisture content and soil identification
ii. liquid and plastic limit determinations
M. percent passing the No. 200 sieve
iv. unconfined compression tests on soil
v. direct shear tests on soil
vi. unit weight determinations
2. The specific types and quantities of tests will be determined based on geologic conditions
encountered in the boring.
C. ENGINEERING SERVICES
1 . An engineering report will be prepared to present the results of the field and laboratory data
together with our analyses of the results and recommendations. We will provide two copies of
the report and an electronic copy. The report will address:
i. general soil and ground -water conditions
ii. recommendations for pedestrian bridge and gabion foundation type, depth and
allowable loading
iii. global slope stability of the proposed wall structure, if required
iv. recommended lateral pressures for the design of below -grade walls and retaining
structures, if required
v. recommendations for tie -back supports for anchoring, if required
vi. foundation construction requirements
vii. earthwork recommendations
2. Items other than those specified above, which are revealed by these studies or are necessitated
by a change in project scope, may require revised field, laboratory, and engineering services.
These services, if required and requested, will be performed as Additional Services.
Surveying Services include:
1 ) Surveying services associated with the supplement are as follows:
A. The ENGINEER shall provide topographic survey services for the proposed pedestrian bridge locations.
The surveying services will be in accordance with the topographic survey scope outlined in the original
contract, with the limits of survey expanding to cover the location of the proposed pedestrian bridges.
ATTACHMENT 'B'
ITEMIZED FEES FOR
SUPPLEMENT AGREEMENT NO. 1
Teague Nall and Perkins, Inc. (CONSULTANT) compensation for the services outlined in Attachment A shall be as
follows:
Engineering Services:
Design Services:
Geotechnical Services:
Surveying Services:
Direct Expenses:
$67,500
(Fixed Fee)
$7,500
(Fixed Fee)
$4,500
(Fixed Fee)
$2,380
(3% Fee)
Total $81,880