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Item 4H - Supplement Agreement No. 1 for ESA Morgan Road Drainage Improvements for signatureENGINEER'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 20 day of August 2024, 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 March 8, 2023, to acquire professional engineering services for the Morgan Rd. Drainage Improvement Project; and WHEREAS the City desires to change the scope of the project to allow for payment of future "Additional Services" as defined in Section 2 of the Agreement; NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of Morgan Rd. Drainage Improvement Project, be modified as follows: SCOPE OF CHANGE The scope of the project is to provide additional topographic survey, Subsurface Utility Engineering (SUE), Construction Phase Engineering services, additional design engineering services, easement document preparation and support for easement acquisition. Further information and details can be found in the Attachment document. COMPENSATION The total amount of additional compensation under this contract is $122,615, as shown in the attached document. The original contract was approved on March 8, 2023 for the amount of $49,955. TIME OF COMPLETION Engineering services to be rendered hereunder shall be complete at such time as stated in agreement. ORIGINAL CONTRACT All requirements of the aforesaid contract of Morgan Rd. Drainage Improvement 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. • ',/► C ENGINEER: CITY OF SOUTHLAKE, TEXAS TNP By: By- �7—=� Shawn McCaskill, MayorJonathan Bengfort, PEK7<M Director of Engineering Services Associate Principal ATTEST: By: City Secretary Supplemental Agreement No. 1 To: Jeff Ginn, PE, CFM — City of Southlake From: Jonathan Bengfort, PE CC: Tiffany Matthews, PE, CFM; Jessica Hilscher, PE; Ryan Jones, PE Date: July 18, 2024 RE: Additional Professional Services Morgan Road Drainage Improvements Jeff, per the City's request, we offer this contract amendment for additional design services associated with the Morgan Road Drainage Improvements project. The City has requested TNP to perform additional Engineering Services, Surveying services, Subsurface Utility Engineering (SUE), easement negotiation and acquisition services, and Construction Phase Services. The additional design efforts associated with this supplemental agreement request include the following: Task 1: Enaineerina Services TNP will analyze the existing capacities and design appropriate facilities for the two driveway culverts and their associated ditches on the west side of Cedar Ct that extend ponding into the properties and overtop Cedar Ct. TNP will design the ditches on the west side of Cedar Ct from the existing project limits at the end of the cul-de- sac to Sleepy Hollow Trail, approximately 420 LF. TNP will assess ditch and channel capacities within the project limits and provide one cross section per ditch. These scope additions affect the following sheets: • Drainage Area Map • Survey Control Sheet • Drainage Calculations • Ditch Grading Layouts (including Driveway Culverts) — two (2) additional sheets anticipated. • Erosion Control Plan These areas are outlined in Exhibit A. These additions will be provided to the city at the 90% deliverable along with the original scope items. Task 2: Survevina Services TNP will provide topographic survey services for the project, located along Cedar Ct from the end of the cul-de- sac to the Sleepy Hollow Trail and along Sleepy Hollow Trail from approximate 80 LF west of the intersection to approximately 450 LF east of the intersection in the City of Southlake, Tarrant County, Texas. This is outlined in Exhibit A. Survey services will include all office and field work necessary to prepare a topographic survey of the project area, including survey of trees b" 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. 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. TNP will also perform boundary research services to determine existing easements and right of way locations in support of the two drainage easements described in Task 3. Task 3: Easement Preparation TNP will prepare easement exhibits for up to two (2) drainage easements for 1 223 Morgan Road and 1500 Cedar Ct. The easement exhibit and legal description will be signed by a Texas Registered Professional Land Surveyor. Task 4: Neciotiation Services The scope of services includes Negotiation Services to acquire easement necessary to construct the drainage improvements consisting of 2 parcels. Services will comply with City of Southlake standards, the requirements of Texas Senate Bill 18 and The Uniform Relocation Act. a. Utilize County Appraisal District information and other online tools to locate contact information for the impacted landowners. b. Contact the landowners to update them on the project and the needed easement for the project. c. Obtain an Examiner's Report for each parcel. d. Prepare the initial letter, instruments of conveyance, and any other documents required or requested by the City, on City approved forms. e. Develop an initial offer value based on an appraisal. f. Once approved by the City, send an offer letter, and required brochures to each property owner or the property owner's designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for recording with the County. g. Make at least four (4) diligent attempts to negotiate with each property owner after which negotiations will be considered exhausted. h. Prepare and maintain a negotiator's report for each parcel. i. Receive any counteroffers from the property owner. Evaluate all counters and submit to and discuss them with the City's Project Manager. j. Have the executed easement document filed in the County deed records and provide the City with the filed copy. Task 5: Real Estate Appraisal Service a. Appraisers will prepare and conduct personal pre -appraisal contact with interest owners for each parcel. b. Appraisers will contact property owners or their designated representatives to offer an opportunity to accompany the appraiser on the appraiser's inspection of the subject property. Maintain a record of contact in the file. c. For an initial appraisal assignment, prepare an appraisal report for each parcel to be acquired utilizing appropriate appraisal forms. These reports shall conform to policies and procedures along with the Uniform Standards of Professional Appraisal Practices promulgated by the Appraisal Foundation. d. PROVIDER will review and recommend completed appraisals for approval by the City Staff or assigns. Additional Services Fees: Any service provided by the PROVIDER that is not specifically described in the scope of work for this contract as defined above or delineated in an attachment shall be considered additional services. Additional services shall include, but shall not be limited to: a. Addition of parcels for acquisition caused by a change in design, parcel splits, additional requirements for either enlarged or additional parcels, settlement negotiations after the City accepts eminent domain recommendation, or other valid causes approved or required by the City. b. In the event of eminent domain proceedings against any parcel, the City may require the PROVIDER to be an expert witness for pretrial conferences, depositions, special commissioner hearings, court appearances, and any other consultation with the City directly related to preparations of court testimony. Task 6: Subsurface Utilitv Enaineerina (SUE) (OL-B) Provide Level B SUE for the project limits. Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality Level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. See Attachment B for additional level descriptions. Level B SUE shall be provided in an electronic Microstation (DGN) or CAD (DWG) files in US feet (2D) format, .pdf format, and scanned record information in .pdf format if received from each utility. Task 7: Subsurface Utilitv Enaineerina (SUE) (QL-A) Provide six (6) Level A potholes. The Level 'A' potholes are scoped to be outside of the pavement limits, as coring is not included in this scope. Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on plan documents. See Attachment B for additional level descriptions. Level A test holes shall be logged and presented in 8 1/2 " x 1 1 " test hole data forms, depicting the utility information collected. Test hole data forms will include supporting color photos. Task 8: Construction Phase Services TNP will respond to up to five (5) RFIs and provide up to five (5) clarification on construction plans. Work also includes participating in two site visits with city and/or contractor to address construction questions. This task includes submittal reviews with two rounds of review, and record drawings. Task 9: Additional Storm Drain and Ditch Gradinq Upon receiving the topographic survey in Task 2, TNP will analyze the ditch grades and capacity and inform the city of the most appropriate tie in location. If that location extends beyond the upstream flowline of the culvert under the intersection of Cedar Ct and Sleepy Hollow Trail, TNP will request the authorization of Task 9. Task 10: Additional Ditch Gradina Cedar Ct East Parkway. Upon receiving the topographic survey in Task 2, TNP will analyze the existing ponding in the east parkway. If, by regrading the west parkway ditches, the existing pond is not mitigated on the east side, TNP will request the authorization of Task 10 to regrade the east parkway from the property line between 1505 Cedar Ct and 1735 Sleepy Hollow Trail and Sleep Hollow Trail. This work would occur within city ROW. FEE ADJUSTMENT Based on the additional effort identified above, TNP is requesting the following amounts for a contract fixed fee amendment amount not to exceed $122,615: Moraan Road Drainaae Improvements Task 1: Engineering Services $24,000 Task 2: Surveying Services $ 18,940 Task 3: Easement Preparation (2 Easements) $4,000 Task 4: Easement Negotiation Services (2 Easements) $1 1,000 Task 5: Easement Appraisal Services (2 Easements) $8,000 Task 6: Subsurface Utility Engineering (SUE) (QL-B) $17,875 Task 7: Subsurface Utility Engineering (SUE) (QL-A) $ 14,400 Task 8: Construction Phase Services $14,400 Task 9: Additional Storm Drain and Ditch Grading $ 5,000 Task 10: Additional Ditch Grading on Cedar Ct East Parkway $5,000 Total Amendment Amount $ 122,615 Sincerely, tnp League nail & perkins Jonathan Bengfort, P.E. Approved by CLIENT: City of Southlake By: Exhibit A — Additional Scope Limits 5-1 �W4A I Exhibit B — SUE Level Description GENERAL UNDERSTANDING: The following represents the general understanding between the Client and Engineer regarding the basis and/or limitations under which these subsurface utility designating and/or locating services are provided: 1. These services will be conducted and provided in general compliance with Cl/ASCE 38-22 (Standard Guidelines for the Collection and Depiction of Existina Subsurface Utility Data). This standard establishes and defines four quality levels for data collection that are briefly described as: • Quality Level D (QL-"D") — Generally QL-"D" indicates information collected or derived from research of existing records and/or oral discussions. • Quality Level C ( QL-"C") - Generally QL-"C" indicates information obtained by surveying and plotting visible above -ground utility features and by using professional judgment in correlating this information to QL-"D" information. Incorporates QL-"D" information. (Limited in this scope, this scope is to cover underground utility crossings) • Quality Level B (QL-"B") — Generally QL-"B", also known as "designating" indicates information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Incorporates QL-"D" & QL-"C" information. • Quality Level A (QL-"A") - Generally QL-"A", also known as "locating", indicates the precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, at a specific point. Incorporates QL-"D" QL-"C" & QL-"B" information. 2. These services are for the purpose of aiding the design of the subject project by providing information related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated. 3. The Engineer will provide services that meet the standard of care for existing subsurface utility location and mapping as established in Cl/ASCE 38-22 by exercising due diligence with regard to records research and acquisition of utility information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record information from the various utility owners. However, the Engineer makes no guarantee that all utilities can or will be identified and shown as there still may be utilities within the project area that are undetectable or unknown. 4. Facilities that are discovered through field investigative efforts by the Engineer but no plan records or ownership data can be identified will be hereafter referred to as unknown. As part of these services, the Engineer will provide QL-C information in the project deliverables for all unknown utilities that may be identified in the field investigation of the project. Designating and/or locating unknown utilities will typically not be part of the initial scope of work but depending on the client's needs can be added as additional work to address concerns of the project impacts of "unknown" facilities. 5. Ground penetrating radar will not be used as a part of the field investigation of the project site unless that use has been specifically addressed with the scope of services described herein. b. Test holes are very limited in size or diameter (typically 12 inches by 12 inches, or approximately 144 square inches). Given this limited size, some subsurface conditions may prevent the completion of test holes, including rock(s), groundwater, large roots, other utilities & structures, etc. Test hole attempts which cannot be completed due to site conditions will be documented and noted on the plans. 7. When test holes are used to locate utilities, the nominal pipe sizes of the targeted utility will be documented and reported by using field measurements of the outside diameter (OD) of the pipe (to the nearest inch). Based upon this field measured OD, the nominal pipe size will be determined using typical pipe wall thickness data and other available data including record information. Pipe diameters that are too large for measurement, encased or non -encased conduit duct banks and other concrete encased systems which cannot be adequately measured will be reported based upon the best available information. 8. The documented results produced by these services represent a professional opinion and interpretation based upon record information and/or field evidence. These results may be affected by a variety of existing site conditions, including soil content, depth of the utility, density of utility clusters, and electro- magnetic characteristics of the targeted utilities. Also, the lack of and/or poor condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most cases will make the successful detection and location of the utility unlikely. 9. The Engineer will apply professional judgment to determine which utilities require additional field effort and/or methods to properly designate and/or locate, most commonly when record drawings are not available. In such cases, the Engineer will provide a recommendation or request for additional services to the Client. Among other methods, a detectable duct rodder or other conductor may be introduced into the line to enable the designation of the utility. This method is dependent upon approval by the utility owner, as well as access to, size and condition of the utility. 10. None of these services are intended to and should not be understood to relieve the Client or others from the responsibility to comply with the statutory requirements related to notifying the proper one -call system(s) in advance of any and all excavation, grading and/or construction within the project site.