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Item 4HCity of Southlake, Texas M E M O R A N D U M December 18, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Authorize a Professional Services Agreement with Teague Nall and Perkins, Inc. to provide engineering services related to construction plan review.  Action Requested: Authorize a Professional Services Agreement with Teague Nall and Perkins, Inc. to provide engineering services related to construction plan review.  Background Information: In FY07, a backlog of Engineering Design Plans was reduced through the use of a third party review engineer. Teague Nall and Perkins, Inc. continues to be a critical component of our plan review process by accomplishing two goals. First, they are providing more thorough reviews than our current staff has been able to accomplish due to new development workload and increasing activities related to the Public Work’s aggressive Capital Improvements Program initiatives. Second, they have been able to provide timely reviews and improve “turnaround” delivery. This has significantly reduced the backlog and has improved the quality of the plans we are taking to construction. Financial Considerations: The total fee for this Professional Services Agreement is $80,000. The funding for this item was budgeted for and approved by City Council in the FY08 budget. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve the proposed Professional Services Agreement or deny it. Supporting Documents: Teague Nall and Perkins, Inc Proposal Page 1 of 2 Staff Recommendation: Authorize a Professional Services Agreement with Teague Nall and Perkins, Inc. to provide engineering services related to construction plan review  Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer RHP/cm AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Engineering Support Services 2007/2008 TNP PROJECT NUMBER: SLK07122 CLIENT: City of Southlake ADDRESS:1400 Main Street, Suite 320 Southlake, TX 76092 The City of Southlake (the “CLIENT”) hereby requests and authorizes Teague Nall and Perkins, Inc., (TNP, the “CONSULTANT”) to perform the following services: Article I SCOPE: Provide various engineering support services as requested by the CLIENT including the following: 1.Plan reviews; 2.Attendance at review meetings to coordinate or communicate with Southlake staff, developers, and other engineers, and 3.Other consulting and engineering support services requested by the CLIENT. Article II COMPENSATION: Compensation for these services shall be as follows: A.Engineering Services: The CONSULTANT shall be compensated on an hourly basis at CONSULTANT’s current standard hourly rates for personnel working on the project. The total maximum fee for this contract shall not exceed $80,000 including all expenses, direct costs and labor. A schedule of CONSULTANT’s hourly rates for 2007/2008 is provided as Attachment ‘A’. Services shall be billed monthly based on actual time spent working on the project by CONSULTANT’s staff. B.Other Expenses: Actual out-of-pocket expenses that are incurred during the progress of the work at CONSULTANT's cost plus 10%. The actual out-of-pocket expenses include: air fare, automobile rental if required, mileage charges (outside a 50 mile radius of Fort Worth, Texas), parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs for work outsourced, and other miscellaneous costs incurred specifically for this contract. In-house Printing: Printing, copies, plots and reproduction work done in-house shall C. be compensated per the CONSULTANT’s most current rate schedule for such work (Attachment ‘A’). D.Work Outsourced to Others: For work done by others, at the actual cost to the CONSULTANT of such services plus 10%. E. Payment Terms:CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. Article III SCHEDULE: The services under this agreement will commence on or after December 1, 2007. CONSULTANT will provide an anticipated schedule for each individual project or work order assignment, as requested by the CLIENT. 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 CONSULTANT receives an executed copy of this contract. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT. Approved by CLIENT: Accepted by CONSULTANT: City of Southlake Teague Nall and Perkins, Inc. By:By: Michael A. Jones, P.E. Title:Title:Principal/Vice President Date:Date:12/01/07 Page 2 PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this agreement shall be construed as authorization by 9. PAYMENT TO TNP, INC. CLIENT for TNP, Inc. to proceed with the work, unless otherwise Monthly invoices will be issued by TNP, Inc. for all work provided for in this agreement. performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 2. LABOR COSTSdays of invoice date, all work on CLIENT’s project shall cease and TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, all work products and documents shall be withheld until payment Inc.'s employees for work performed on CLIENTS Project plus a is received by TNP. Time shall be added to the project schedule stipulated percentage of such salaries to cover all payroll-related for any work stoppages resulting from CLIENT’s failure to render taxes, payments, premiums, and benefits. payment within 30 days of invoice date. 3. DIRECT EXPENSES10. ADDITIONAL SERVICES TNP, Inc.'s Direct Expenses shall be those costs incurred on or Services not specified in the Scope will be provided by TNP, Inc. directly for the CLIENT's Project, including but not limited to as Additional Services when required. The CLIENT agrees upon necessary transportation costs including mileage at TNP, Inc.'s execution of this contract that no additional authorization is current rate when its, or its employee’s, automobiles are used, required. Additional services will be paid for by CLIENT as meals and lodging, laboratory tests and analyses, computer indicated in Article II, Compensation. services, word processing services, telephone, printing and binding charges. Reimbursement for these expenses shall be on 11. SALES TAX the basis of actual charges when furnished by commercial sources In accordance with the State Sales Tax Codes, certain surveying and on the basis of usual commercial charges when furnished by services are taxable. Applicable sales tax isnot included in the TNP, Inc. 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 4. OUTSIDE SERVICESinvoice statements. When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount 12. SURVEYING SERVICES shall be added to the cost of these services for TNP, Inc.'s In accordance with the Professional Land Surveying Practices Act administrative costs, as provided herein. of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of 5. OPINION OF PROBABLE COSTProfessional Land Surveying, 12100 Park 35 Circle, Building A, In providing opinions of probable cost, the CLIENT understands Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263. that TNP, Inc. has no control over costs or the price of labor, equipment, or materials, or over the Contractor’s method of 13. LANDSCAPE ARCHITECT SERVICES pricing, and that the opinions of probable cost provided to The Texas Board of Architectural Examiners has jurisdiction over CLIENT are to be made on the basis of the design professional’s complaints regarding the professional practices of persons qualifications and experience. TNP, Inc. makes no warranty, registered as landscape architects in Texas. The CLIENT is expressed or implied, as to the accuracy of such opinions as informed that any complaints about landscape architecture compared to bid or actual costs. services be forwarded to the Texas Board of Architectural Examiners,Hobby Building: 333 Guadalupe, Suite 2-350, Austin, 6. PROFESSIONAL STANDARDSTexas 78701, Telephone (512) 305-9000, Fax (512) 305-8900. TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in 14. INVALIDITY CLAUSE the same type of work in the State of Texas, for the professional In case any one or more of the provisions contained in this and technical soundness, accuracy, and adequacy of all design, Agreement shall be held illegal, the enforceability of the drawings, specifications, and other work and materials furnished remaining provisions contained herein shall not be impaired under this Authorization. TNP, Inc. makes no other warranty, thereby. expressed or implied. 15. PROJECT SITE SAFETY 7. TERMINATIONTNP, Inc. has no duty or responsibility for project site safety. Either CLIENT or TNP, Inc. may terminate this authorization by giving 10 days written notice to the other party. In such event 16. CONSTRUCTION MEANS AND METHODS CLIENT shall forthwith pay TNP, Inc. in full for all work previously Means and methods of construction are the sole responsibility of authorized and performed prior to effective date of termination. the contractor. 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. Page 3 ATTACHMENT 'A' STANDARD RATE SCHEDULE TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective December 1, 2007 through December 31, 2008* Engineering / Technical FromTo Principal $155 - $225 Per Hour Project Manager $120 - $180 Per Hour IT Consultant $120 - $140 Per Hour Senior Engineer $100 - $160 Per Hour Engineer $80 - $120 Per Hour Landscape Architect / Planner $100 - $155 Per Hour Designer $80 - $100 Per Hour Senior Designer $110 - $135 Per Hour CAD Technician $50 - $80 Per Hour Senior CAD Technician $75 - $95 Per Hour IT Technician $70 - $85 Per Hour Clerical $45 - $70 Per Hour Resident Project Representative $70 - $100 Per Hour Surveying Survey Office Manager $145 - $160 Per Hour R.P.L.S. $100 - $145 Per Hour Senior Survey Technician $70 - $85 Per Hour Junior Survey Technician $55 - $70 Per Hour 2-Person Field Crew w/Equipment $100 Per Hour 3-Person Field Crew w/Equipment $110 Per Hour 4-Person Field Crew w/Equipment $135 Per Hour 1-Person G.P.S. Crew w/Equipment $110 Per Hour 2-Person G.P.S. Crew w/Equipment $130 Per Hour 3-Person G.P.S. Crew w/Equipment $150 Per Hour 1-Person Robotic Crew w/Equipment $90 Per Hour 2-Person Robotic Crew w/Equipment $110 Per Hour Direct Cost Reimbursables Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11” x 17” size bond paper, B&W $2.00/page 22” x 34” and larger bond paper or vellum, B&W Plots $1.00/page 11” x 17” size bond paper, B&W $2.00/page 11” x 17” size bond paper, color $4.00/page 22”x34” and larger bond paper or vellum, B&W $6.00/page 22”x34” and larger bond paper or vellum, color $6.00/page 22”x34” and larger mylar or acetate, B&W Mileage $0.445/mile All Subcontracted and outsourced services billed at rates comparable to TNP’s billing rates shown above. * Rates shown are for calendar year 2008 and are subject to change in subsequent years. Page 4