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Original ContractORDINANCE NO. 2010-269
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECT OR ENGINEER PERTAINING TO THE CITY OF DENTON MAYHILL ROAD
WIDENING AND IMPROVEMENTS PROJECT FROM INTERSTATE HIGHWAY 35-E TO
UNIVERSITY DRIVE (U.S. HIGHWAY 380) AND ENGINEERING AND RELATED
SERVICES FOR SAID PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FOR A TOTAL FEE OF NOT-TO-
EXCEED $4,501,530).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of Freese and Nichols, Inc. ("FNI"), a corporation, with
its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109, to provide
the City with professional architecture or engineering services pertaining to the City of Denton
Mayhill Road Widening and Improvements Project from Interstate Highway 35-E to University
Drive (U.S. Highway 380), hereafter referred to as the "Project," together with engineering
services for said project; and
WHEREAS, the City staff has reported to the City Council that this project is a major
project and there is a substantial need for the hereinabove described professional services by the
City of Denton, and that limited City staff cannot adequately perform the specialized engineering
and other services and tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act,", generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; FNI has performed professional services for the City on prior
engagements and is well-qualified to perform this project; and
WHEREAS, the City Council hereby is of the opinion, and finds and concludes that FNI
is appropriately qualified under the provisions of the law, to be retained as an engineering firm
for the City respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
Professional Services Agreement for Architect or Engineer" pertaining to the Project; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2: The City Manager is hereby authorized to execute a "Professional Services
Agreement for Architect or Engineer" (the "Agreement") with the engineering firm of Freese
1
and Nichols, Inc., a Corporation, for professional architecture or engineering services pertaining
to the Project, as hereinabove described, in substantially the form of the Agreement which is
attached hereto as Exhibit "A," which is incorporated herewith by reference.
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of FNI, and the ability of FNI, to perform the
professional architectural and engineering and related services needed by the City for a fair and
reasonable price.
SECTION 4: The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5: This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of 62"UZ-, 2010.
r
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By>
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY
By:
2
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS_ AGREEMENT is made and entered into as of the day of
20_, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "Owner" and Freese and Nichols, Inc., with its corporate office
at 4055 International Plaza, Suite 200, Fort Worth, Texas, 76109 hereinafter called "FNI," acting
herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF ENGINEERING PROFESSIONAL
The City of Denton Mayhill Road Widening and Improvements Project (the Project) will
include design phase, bid phase, and construction phase services for the widening of Mayhill
Road from Interstate 35 East (IH35E) to University Drive (US Hwy. 380). The project includes
preparation of construction plans and bid documents, opinions of probable construction costs,
identification of right-of-way requirements and necessary ROW acquisitions, City utility
relocation, franchise utility relocation coordination, permitting and full time construction
representation. Other services that may be provided as additional services in support of the
project are also described in Attachment A.
SECTION 2
COMPENSATION
The Owner shall compensate FNI as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services and related Expenses for Article I, the total compensation shall be a
lump sum amount of $1,823,100
Progress payments for Basic Services shall be paid monthly as a percentage of the total
compensation for the Basic Services satisfactorily completed at the end of the month.
2.2 SPECIAL SERVICES (DESIGN PHASE)
2.2.1 For the Lump Sum Special Services the total compensation shall be as follows
Hydraulic Analysis / CLOMR $149,400
Environmental Permitting Assistance $44,300
Public Involvement/Web Site $32,200
Illumination Design $33,600
Special Services Subtotal (Lump Sum) $259,500
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Revised 05-06-2009
Progress payments for Lump Sum Special Services shall be paid monthly as a percentage of
the total compensation for the Special Services satisfactorily completed at the end of the
month.
2.2.2 For the Cost Plus Max Special Services the total compensation shall be as follows
Eminent Domain $ 37,500
FEMA Coordination / LOMR $118,000
USACE Pre-Construction Notice $ 15,800
Phase I Environmental Site Assessments (2) $ 8,100
Special Services Subtotal (Cost Plus Max) $179,400
Total fee for these services will not exceed the amounts listed above without written
authorization from the Owner. Progress payments for Cost Plus Max Special Services shall
be paid monthly on a time and materials basis not to exceed total compensation for the
Special Services satisfactory completed at the end of the month.
2.3 SPECIAL SERVICES (CONSTRUCTION PHASE)
2.3.1 For the Cost Plus Max Special Services the total compensation shall be as follows
Construction Management/ Resident Representation $797,700
Special Services Subtotal (Cost Plus Max) $797,700
Total fee for these services will not exceed the amounts listed above without written
authorization from the Owner. Progress payments for Cost Plus Max Special Services shall
be paid monthly on a time and materials basis not to exceed total compensation for the
Special Services satisfactory completed at the end of the month.
2.4 SPECIAL SERVICES (SUBCONSULTANT)
2.4.1 For the Lump Sum Special Services the total compensation shall be as follows
Boundary / Topographic Survey $120,780
Geotechnical Investigation / Pavement Design $105,380
Traffic Counting Services $ 9,020
Special Services Subtotal (Lump Sum) $235,180
Progress payments for Lump Sum Special Services shall be paid monthly as a percentage of
the total compensation for the Special Services satisfactorily completed at the end of the
month.
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Revised 05-06-2009
2.4.2 For the Cost Plus Max Special Services the total compensation shall be as follows
Archeological Survey $ 33,990
Right-of-way Acquisition Services $879,010
ROW/Easement Documents $138,600
Subsurface Utility Engineering (SUE) $ 79,200
Special Services Subtotal (Cost Plus Max) $1,130,800
Total fee for these services will not exceed the amounts listed above without written
authorization from the Owner. Progress payments for Cost Plus Max Special Services shall
be paid monthly on a time and materials basis not to exceed total compensation for the
Special Services satisfactory completed at the end of the month.
2.5 ADDITIONAL SERVICES
2.5.1 Compensation for Additional Services will be based on the attached schedule of
charges on page CO-1.
2.6 REIMBURSABLE EXPENSES
2.5.1 Reimbursable Expenses shall be a multiple of 1.10 time the expenses incurred by FNI
and FNI's employees in the interest of the Project as defined in the General Conditions but
not to exceed a total of $75,850 without the prior written approval of the Owner.
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Revised 05-06-2009
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are
attached hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering
Services.
2. Attachment A (Scope of Services) through CO-1.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON, TEXAS
A Municipal Corporation
BY: C4GE;OGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, C Y SECRETARY
BY. A.1 A
AP OVED AS TO LEGAL FORM:
ANI'
BY:
FREESE AND NICHOLS, INC.
A Corporation
BY:
ATTEST:
BY:
Jdhn Dewar, P.E., S.E.
Page 4
Revised 05-06-2009
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 ofthese General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level ofcare and skill ordinarily
exercised by members ofthe same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress ofthe Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance ofthe Services which may be adjusted as the Project
proceeds, and shall include allowances for periods oftime required for the Owners review and for approval ofsubmissions by authorities havingjurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OFBASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 ofthese General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms ofthe other, subject to the limitations setforth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based onthe mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, forapproval by the Owner,
Schematic Design Documents consisting ofdrawings and otherdocuments illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate ofConstruction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencementto the completion ofconstruction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic DesignDocuments and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting ofdrawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Docuuments and specifications will be sufficient andadequate to fulfill thepurposes ofthe Project.
2.3.2 The Design Professional shall advise the Owner ofany adjustments to the preliminary estimate ofConstruction Cost in a further Detailed Statement as described
in Section2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting ofDrawings and Specifications setting
forth in detail requirements for the construction oftheProject, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions ofthe contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner ofany adjustments to previous preliminary estimates ofConstruction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval ofgovernmental
authorities havingjurisdiction over the Project.
2.5 CONSTUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval ofthe Construction Documents and ofthe latest preliminary detailed estimate ofConstruction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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ofmaterials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension ofthe Contract Time which are not inconsistent with the intent
ofthe Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements ofthe Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning perfonmance ofthe Owner and Contractor under the requirements
of the Contract Documents on written request ofeither the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness andwithin any time limits agreed upon.
2.6.16 Interpretations and decisions ofthe Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form ofdrawings. When making such interpretations and initial decisions, the Design Professional shall endeavorto secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions ofthis
Agreement and in the absence ofnegligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relatingto the execution or progress ofthe work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have underthe Agreement or diminish any ofthe Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation forBasic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. Ifservices described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. Ifthe Owner indicates in writing that all or part ofsuch Contingent Additional Services are not required, theDesign Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are notrequired due to the negligence or fault ofDesign Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by theOwner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owners
program or Project budget;
2. required by the enactment or revision ofcodes, laws or regulations subsequentto thepreparation ofsuch documents, or
3. due to changes required as a result ofthe Owner's failure to render decision in a lonely manner.
3.3.2 Providing services required because ofsignificant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacement ofwork damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default ofthe Contractor, by major defects or deficiencies in the work ofthe Contractor, orby failure ofperformance
ofeither the Owner or Contractor under the Contract for Construction.
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4.4 The Owner shall designate a representative authorized to act on the Owner's behalfwith respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress ofthe Design Professional's services.
4.5 Where applicable, the Ownershall furnish surveys describing physical characteristics, legal limitations and utility locations for the site oftheProject, and a written
legal description ofthe site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shallbe referenced to aprojectbenchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations ofsoil bearing values, percolation tests, evaluations ofhazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriateprofessional recommendations.
4.6.1 The Owner shall famish the services of other consultants when such services are reasonably required by the scope ofthe Project and are requested by the Design
Professional and are not retained by the Design Professional as part ofits Basic Services or Additional Services.
4.7 When not a part ofthe Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests ofhazardous materials,
and other laboratory and environmental tests, inspections and reports required by lawor the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf ofthe Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence ofany negligence on thepart ofthe Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional ifthe Owner becomes aware ofany fault or defect in the Project ornonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested ofthe Design Professional or Design Professional's consultants and
shall submit such to the Ownerfor review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope ofthe Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner ofall elements ofthe Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates oflabor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included formarket conditions at the time ofbidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations ofthe Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate ofConstruction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition ofthe Agreement by the furnishing, proposal or establishment of aProject budget, unless
suchfixed limithas been agreed upon in writing and signed by the parties thereto. Ifsuch a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, ifany, shall be increased in the amount ofan increase in the Contract Sum occurring after execution ofthe Contract
for Construction.
5.2.3 Ifthe Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit ofConstruction Cost shall be adjusted to reflect changes in the general level ofprices inthe construction industry between the date ofsubmission
ofthe Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSIIIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any ofthe information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
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8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner ofthe Design Professional's statement ofservices rendered or expenses incurred.
8.5 PAYMENTS WITIIIIELD No deductions shall be made from the Design Professional's compensation on account ofpenalty, liquidated damages or other sums withheld
from payments to contractors, or on account of thecost ofchanges in the work other than those for which the Design Professional is responsible.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions ofthe Design Professional or its officers,
shareholders, agents, or employees in the performance ofthe Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any ofthe parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense ofgovernmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers ofat least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits ofnot less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits ofnot less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits ofnot less than $1,000,000 annual aggregate.
10,5 The Design Professional shall famish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor ofthe Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates ofinsurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws ofthe State of Texas. Venue of any suitor cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent ofthe Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as toharmonize the provisions. However, should the provisions ofthese documentsbe in conflict so thatthey can not be reasonably harmonized,
such documents shall be givenpriority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 ofthe Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt ofprior written approval of Owner, the Design Professional shall have the right to include representations ofthe design ofthe Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information ifthe Owner has previously advised the Design Professional in writing ofthe specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit forthe Design Professional on the construction sign and in thepromotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release ofthe responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
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ATTACHMENT A
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
MAYHILL ROAD WIDENING AND IMPROVEMENTS
FOR THE CITY OF DENTON
GENERAL: The City of Denton Mayhill Road Widening and Improvements Project (the Project) will
include preparation of construction plans and bid documents, opinions of probable construction costs,
identification of right-of-way requirements and necessary ROW acquisitions, Owner utility relocation,
franchise utility relocation coordination, permitting and construction phase services.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
A. Conceptual Design
Attend a kick-off meeting with the Owner to discuss the various aspects of the project
including planning and design criteria, work program and schedule, procedures of
communication, and assignments of personnel.
2. Obtain from the Owner, franchise utility providers, Denton County Transportation
Authority (DCTA) and the Texas Department of Transportation (TxDOT) all available
record drawings, planning reports, traffic counts, zoning ordinances, and other data that
may be pertinent in considering the development of the preliminary alignments and the
final design of the proposed improvements.
3. Determine from a field reconnaissance of the project area the general layout of the land
for the improvements including location of existing above ground utilities and drainage
structures.
4. Develop a schematic layout with two (2) roadway route alternatives at critical locations
along the alignment. Submit four (4) copies of the schematic layout to the Owner for
review.
Prepare preliminary bridge layouts for the grade-separated crossing of the DCTA line,
Pecan Creek, and Cooper Creek. Prepare Exhibit A for the DCTA Bridge.
6. Attend meeting with Owner to discuss potential utility conflicts and the proposed
relocation plan. FNI will meet with the Owner's Project Manager and Engineering staff
first, and utility staff later if necessary.
7. Attend a meeting with the Owner to discuss the alignment alternatives and
recommendations.
Upon Owner approval of the schematic design FNI will develop a 30% plan set with
paving plan/profile sheets, intersection layouts, right-of-way sheets, drainage area maps,
culvert layouts, bridge layouts and hydraulic computation sheets.
L: Resourceslcbs\D\Denton\Mayhill Road110-12-10 Exhibit A-1
B. Preliminary Design (60%) - Upon selection of a route alternative by the Owner, FNI will
prepare preliminary construction plans as follows:
1. Prepare preliminary paving plan and profile sheets showing curb lines, driveways,
elevations at all points of vertical intersection and point of intersections in the paving
plan; typical sections; cross sections; high and low points, vertical curve information,
and pertinent AASHTO calculations.
2. Prepare a Pavement Design Report documenting the existing soil conditions and
providing pavement design recommendations based on at a minimum a 40-year design
life, 10% truck loading and traffic volumes as agreed upon with the Owner.
3. Prepare preliminary drainage sheets including drainage area maps, plan and profiles, and
hydraulic computations.
4. Initiate coordination of utility relocations with utility owners, and prepare preliminary
design of relocations of affected City water and sewer lines. FNI anticipates the
following improvements will be needed to City facilities to mitigate conflicts with the
proposed roadway, drainage, bridge and signal improvements. However, design for
relocation of all conflicting water and wastewater utilities will be provided, whether
tabulated herein or not. Relocated utilities will be of the same size as existing, except as
indicated in Item a) below.
Water and Wastewater:
a) New 12" water main, per Water Master Plan, from Foster to Prominence
b) Relocate approx. 200' of 6" water line along south side of Colorado
c) Relocate approx. 380' of 8" water line along north side of Colorado
d) Relocate approx. 480' of 18" water line along north side of Colorado
e) Relocate approx. 200' of 12" water line along Edwards
f) Relocate approx. 1,500' of 12" water line along Edwards/Mayhill connector street
north
g) Relocate approx. 300' of 12" water line at the Quail Creek intersection
h) Relocate approx. 1,080' of 18" reuse line from Foster to Spencer
i) Relocate approx. 200' of 8" and 16" water line at McKinney intersection
j) Relocate approx. 450' of 8", 12", and 16" water line at University intersection
k) Relocate approx. 200' of 24" SS west and east of DCTA Rail
1) Relocate approx. 300' of 12" SS at Quail Creek intersection
m) Relocate approx. 150' of 8" SS crossing at Spencer intersection
n) Relocate approx. 1,600' of 8" SS from Spencer to north of Gayla
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-2
o) Relocate approx. 1,650' of 6" and 24" SS from south of Morse to Pecan Creek
Bridge
p) Adjust horizontal alignment of approx. 300' of 21" and 42" SS interceptors at
Pecan Creek Bridge
q) Relocate approx. 1,020' of 8" SS from Pecan Creek Bridge to McKinney
r) Relocate approx. 720' of 10" SS north of McKinney
5. Prepare bridge layout, typical sections, foundation layout, abutment plan, and beam and
bent plans.
6. Hydraulic Design of the Bridges and Culverts
a) 60% Design Submittal: Update hydraulic design of bridges and culverts as
necessary to reflect roadway design and to address Owner comments.
i) Update hydraulic models of bridges and culverts as necessary to reflect
60% roadway design.
ii) Preparation of Bridge Scour Analyses for PEC-5, Pecan Creek, and
Cooper Creek bridges.
iii) Update the following sheets as necessary for 60% submittal:
1) Drainage Area Maps
2) Hydraulic Computations
3) Culvert Layouts
4) Hydraulic Data Sheets for Bridges
7. Prepare plan/profile and construction details for Mechanically Stabilized Earth Retaining
MSE) walls.
8. Prepare temporary traffic signal plans for the intersections of Spencer and McKinney.
9. Prepare permanent traffic signal plans for the intersections of Colorado, Spencer, Morse,
Russell-Newman, Prominence, McKinney, and US 380.
10. Prepare Construction Phasing Plan including pavement phasing, transition segments, and
construction detour plans. Develop construction phasing typical cross sections at key
locations.
It. Prepare a preliminary estimate of probable construction cost and submit with four (4)
sets of plans for review.
12. Meet with the Owner to discuss the preliminary design. FNI assumes that we will meet
with the Owner three (3) times during the preliminary design phase.
13. Submit preliminary plans to utility companies for review and comment. Attend a
preliminary coordination meeting with the franchise utility companies.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-3
14. FNI will attend a coordination meeting with DCTA and TxDOT to coordinate plan
approval and permits for the project.
C. Final Design - Following Owner approval of preliminary plans, FNI shall prepare final plans
with the following additional tasks:
1. Prepare final construction drawings for paving, bridge, MSE retaining walls, drainage,
traffic signal, and City utility improvements. FNI will provide two bid packages,
tentatively planned to include: 1) IH-35E to McKinney Street, and 2) McKinney Street
to East University Drive.
2. This includes the final hydraulic design of bridges and culverts including scour analyses
for the proposed bridges as necessary, and preparation of plans, specifications, and
estimates.
a) Final Design Submittal
i) Provide final hydraulic models to reflect 90% roadway design.
ii) Update the following sheets as necessary for 90% submittal:
1) Drainage Area Maps
2) Final Hydraulic Computations
3) Final Culvert Layouts
4) Hydraulic Data Sheets for Bridges
5) Detail Sheets (special and standard details)
6) Notes
7) Final grading layouts
8) Quantities for bid proposal
9) Technical specifications for bridge and culvert construction
3. Prepare final technical specifications and bid documents for the project, including bid
proposal forms (project quantities) of the improvements to be constructed. This Scope
of Services assumes that the project will be prepared using standard bid documents
provided by FNI.
4. Prepare a final opinion of probable construction cost based on recent project unit bid
prices.
5. Prepare and submit final permit set to TxDOT through the Owner for review and
approval.
6. Prepare and submit final permit set to DCTA through the Owner for review and
approval.
7. Furnish four (4) sets of drawings for review by the Owner at the 60% and 90% design
stages, and meet with the Owner to review and discuss the plans. The review meetings
will be conducted to address review comments and to take action on items to produce the
final construction documents. FNI assumes that we will meet with the Owner three (3)
times during each part of the final design phase (60% and 90%).
L:1Resourceslcbs\D\Denton\Mayhill Road110-12-10 Exhibit A-4
D. Bidding Phase - Assist Owner in securing bids. Issue a Notice to Bidders to prospective
contractors in FNI's database of prospective bidders, and to selected plan rooms. Provide a
copy of the Notice to Bidders for Owner to use in notifying construction news publications
and publishing appropriate legal notice. The cost for publications shall be paid by the Owner.
FNI will prepare two (2) separate bid packages for the project, with the following to be
provided for each bid package.
1. Print thirty (30) sets of 11" x 17" Plans and Bid Documents and distribute to selected
plan rooms, and to prospective bidders that respond to the Notice to Bidders.
2. Assist Owner by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders if necessary.
3. Attend one pre-bid meeting to answer questions related to the bid documents.
4. Assist Owner in the opening, tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder. Recommend award of
contract or other actions as appropriate to be taken by the Owner.
5. Assist Owner in the preparation of Construction Contract Documents. Provide ten (10)
sets of Construction Contract Documents which include information from the apparent
low bidder's bid documents, legal documents, and addenda bound in the documents for
execution by the Owner and construction contractor. Distribute five (5) copies of these
documents to the contractor with a notice of award that includes directions for the
execution of these documents by the construction contractor. Provide Owner with the
remaining five (5) copies of these documents for use during construction. Additional
sets of documents can be provided as an additional service.
6. Furnish contractor copies of the drawings and specifications for construction pursuant to
the General Conditions of the Construction Contract.
ARTICLE H
SPECIAL SERVICES (DESIGN PHASE):
E. Environmental Services
FNI will perform the following environmental services in support of the Mayhill Road
Improvements Project:
1. Compile existing data and perform an initial desktop analysis of environmental
conditions of the project area. Prepare maps and other data necessary for site visit.
2. Conduct site visit. Verify and characterize the City's mapped Environmentally Sensitive
Areas (ESAs) in the area affected by the proposed project. Perform a preliminary
jurisdictional determination to identify and delineate boundaries of waters of the U.S.,
including wetlands. Make note of areas of potential environmental contamination within
the project area that may warrant further investigation. Evaluate the project area for
federally listed threatened or endangered species habitat.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-5
3. Prepare a draft of the North Central Texas Council of Government's (NCTCOG)
Environmental Review Checklist for the Owner's review and comment. Incorporate
comments and submit the revised checklist to the NCTCOG through the Owner for
review and comment.
4. Coordinate with cultural resources sub-consultant. Review and provide comments on
draft cultural resources report.
5. Coordination with NCTCOG. This task would include answering questions and
providing additional information through the Owner if requested by the reviewing
agencies. This task assumes a maximum of three requests for clarification and
information. Contested application proceedings and requests for multiple site visits are
not included in this task.
6. If the preliminary jurisdictional determination results indicate that the impact to the
waters of the U.S. exceeds 0.1 acre but is less than 0.5 acre, or if a jurisdictional wetland
is identified within the affected area, then FNI will prepare a draft preconstruction
notification (PCN) for coverage of road crossings. Submit the draft PCN to the Owner
for review and comment. Incorporate comments and submit the revised PCN to the U.S.
Army Corps of Engineers (USAGE) for verification. This task assumes that any
required compensatory mitigation for impacts to waters of the U.S. would be satisfied by
the Owner's purchase of mitigation bank credits. Preparation of a detailed mitigation
plan is not included in this task.
7. Prepare a Phase I Site Assessment for two properties assumed to be located at 1)
Northeast Corner of Mayhill Road and McKinney Street (FM 426), and 2) Southwest
Corner of Mayhill Road and East University Drive (US 380). This Phase I ESA will be
conducted based on standards published by the Environmental Protection Agency All
Appropriate Inquiries (AAI) Final Rule and ASTM International (ASTM) under
Standard Guideline E1527-05, "Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process."
A Phase I ESA can reduce, but not eliminate, the level of risk for unidentified
environmental contamination. No Phase I ESA can guarantee the absence of
contamination. Only sampling and analysis can confirm the presence or absence of
chemical contamination at a site. Sampling and analysis are beyond the Scope of
Services for this Phase I ESA. Additionally, this Phase I ESA does not include an
investigation or survey for the presence of mold or asbestos.
In the absence of any standards, the opinions and conclusions found in the Phase I ESA
will be based on caution and conservatism by an experienced professional.
Environmental regulations are continually changing, and a site determined to be
uncontaminated based on current regulations and/or technical standards could be
considered a contaminated site in the future based on new or amended regulations or
standards.
FNI shall render the following professional services in connection with completion of
the Phase I ESA:
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-6
a) Historical Land Use Review - Perform an investigation into prior ownership and
past land uses on the subject property. FNI will attempt to identify obvious uses
of the subject property from the present back to the property's first developed
use, or back to 1940, whichever is earlier. To accomplish this task, FNI will
review the following records (if available):
i) Interviews with City representatives and property owners/tenants.
ii) Historical aerial photography.
iii) City directory abstracts.
iv) Sanborn fire insurance maps.
v) Recorded environmental easements or liens on the subject property.
b) Regulatory Agency Records Review - FNI will review information found in
federal and state regulatory records for the subject property, including records
related to environmental-related permits, notices-of-violation, and incidents
involving use, disposal, or accidental release of hazardous substances, petroleum
products, or other waste materials. Local records, if available, related to the
subject property will also be reviewed for indications of environmental concern.
C) Site Reconnaissance Visit - FNI will perform a site reconnaissance visit to the
subject property. Existing environmental conditions will be documented on the
site. FNI will look for potential indicators of environmental concerns such as
stained soils or other surfaces, stressed vegetation, exposed piping, and evidence
of improper use or disposal of regulated substances. FNI will document the
condition of each property using photographs. Copies of photographs will be
included in the report.
d) Report Preparation - Following the completion of Tasks a) through b), a report
will be prepared for the subject property documenting our findings. The report
will contain a narrative of our findings, recommendations for additional
environmental investigations, as needed, and copies of all data obtained relevant
to each subject property. The report will contain appropriate maps, figures, and
photographs.
F. Hydraulic Analysis Services - The drainage design services for this project are broken up into
two phases: preliminary and final design. Preliminary design includes a drainage study and
alternatives analysis for all cross-drainage associated with the roadway, including bridges and
culverts. Final design includes preparations of plans, specifications, and estimates for the
hydraulic design of bridges and culverts. Bridge scour analysis will be performed as part of
the final design services.
Preliminary Phase
FNI shall perform hydrologic and hydraulic computations to develop preliminary sizing
of the nine (9) cross drainage structures located along the Mayhill Road project
alignment. The deliverable of this phase shall be a drainage study to serve as the basis
for final design of the drainage structures. As part of this phase, FNI shall perform the
following tasks:
L: Resourceslcbs\D\Denton\Mayhill Road110-12-10 Exhibit A-7
a) Meetings - FNI shall plan, coordinate, attend, facilitate, and document meetings,
as required, to discuss and coordinate various aspects of the project. Up to three
3) meetings are anticipated as part of the preliminary phase:
i) One (1) drainage study kickoff meeting with Owner staff to discuss the
drainage study
ii) One (1) drainage study interim review meeting to discuss interim results
and select alternatives for bridge and culvert design sizes.
iii) One (1) drainage study final meeting to present results of drainage study.
b) Data Collection - In addition to data provided by Owner, FNI will research and
obtain pertinent information necessary for drainage study including the
following:
i) Perform a site visit to verify location and condition of existing drainage
structures and observe local drainage patterns of the project alignment.
ii) Obtain effective hydrologic and hydraulic models from FEMA and
Owner for Pecan Creek, Cooper Creek, and PEC-5 adjacent to the project
alignment.
iii) Existing drainage masterplans and hydraulic models as available from the
Owner.
iv) USDA soils information, land use maps, and other GIS data necessary for
hydrologic computations.
v) Digital aerial topographic and photographic information, latest edition
available.
vi) Coordinate with Surveyor to obtain final layout of surveyed cross-
sections for hydraulic modeling.
c) Hydrology and Hydraulics - FNI shall develop existing and proposed conditions
hydrologic and hydraulic models of the existing conditions drainage structures,
as needed. FNI will utilize existing hydrologic studies for fully developed
watershed conditions as available and applicable. The following cross drainage
structures along the project alignment are anticipated for design (stationing
referenced to preliminary Schematic developed by FNI): Bridge crossings of
PEC-5, Pecan Creek, and Cooper Creek and culvert crossings near Stations
90+00, 100+00, 185+00, 191+00, and 212+00.
i) All calculations shall follow at a minimum the standards and procedures
as outlined in the Denton Drainage Criteria Manual dated February 2002.
ii) Roadway geometry including horizontal and vertical alignment will be
based on schematic developed by FNI.
iii) Create fully developed hydrology models based on the current City of
Denton land use projections using HEC-HMS for drainage areas greater
than 200 acres. Peak discharges for drainage areas less than 200 acres
will be calculated using the Rational Method.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-8
iv) Create existing conditions hydraulic models using HEC-RAS and
Culvertmaster for existing culvert and bridge crossings along the project
alignment.
v) Create proposed conditions hydraulic models for bridges at PEC-5, Pecan
Creek, and Cooper Creek. Up to three (3) alternative configurations for
each bridge will be modeled. The initial goal of the bridge configurations
will be to develop no-rise, 100-year bridges, for fully urbanized
watershed. Other alternatives will be investigated as necessary to meet
other design or budgetary constraints.
vi) Create proposed conditions hydraulic models for six (6) culverts. Up to
two (2) alternative configurations for each culvert will be modeled.
vii) Conceptual OPCC - Determine concept level (order of magnitude)
probable construction cost for each alternative considered. The OPCC is
to be utilized as a tool in selecting proposed size and design alternatives
for final design.
d) Drainage Study Report - Document results of drainage study in bound report.
The drainage study will serve as basis for final design of bridges and culverts.
i) Provide four (4) bound copies of draft report to the Owner for review.
Electronic copy (PDF) of report and digital models will also be
submitted.
ii) Incorporate Owner comments into final report and provide four (4) bound
copies of final report to the Owner for review. Electronic copy (PDF) of
report and digital models will also be submitted.
2. Preparation of CLOMRs for bridges at PEC-5 and Cooper Creek.
1) Submit two (2) copies of Draft CLOMR to Owner for review.
2) Incorporate comments and submit CLOMR to FEMA.
3) Coordinate with FEMA as necessary to acquire approval of
CLOMRs.
3. Preparation of LOMRs for bridges at PEC-5, Pecan Creek and Cooper Creek.
This phase shall include the preparation of three (3) LOMRs to FEMA for 5 stream
crossings: PEC-5, the unnamed tributary to Pecan Creek, Pecan Creek, the unnamed
tributary to Cooper Creek, and Cooper Creek. If FEMA requests individual LOMR for
each stream, the additional 2 LOMR submittals shall be considered Additional Services.
Review fees of any kind from city, state, federal or other sources will be paid by the
Owner and are not included in this proposal. This scope assumes that the project is
constructed to match the CLOMR and final construction plans, so if substantial changes
occur during construction, additional services could be required to achieve the original
intent of the CLOMR.
1. As-Built Survey - Upon construction completion of the project, necessary field
surveys will be completed for as-built hydraulic model verification.
L: Resourceslcbs\D\Denton\Mayhill Road110-12-10 Exhibit A-9
2. Hydraulic Models - Final hydraulic models will be prepared for each stream crossing
based on the as-built field survey.
LOMR Report and FEMA Submittal - Prepare two (2) draft copies of each FEMA submittal for
review by Owner, address Owner comments, and submit one (1) final copy to FEMA and one (1)
final copy to Owner for each LOMR. Coordinate with FEMA as necessary to acquire approval of
LOMRs.
G. Public Involvement
1. FNI shall provide the following Public Involvement services:
a) FNI will prepare a project web site that may be accessed through the City of
Denton website. The site will include information about the project, project
schedule, and comment area. Content will be discussed with the City PM prior to
posting.
b) FNI will attend up to three (3) public meetings at the concept, design and
construction phases of the project. FNI will provide project exhibits and prepare
presentations for each meeting. This scope assumes that the Owner will pay for
advertising and mailings associated with each public meeting.
H. Roadway Illumination
1. The Roadway Illumination design will be in accordance with the IES, American
National Standard Practice for Roadway Lighting and TxDOT Highway Illumination
Manual. The electrical distribution for the Roadway Illumination will comply with the
National Electrical Code and local ordinances. The design will consist of the following
tasks:
a) FNI will coordinate with the Owner the exact manufacturer and model number
for poles used for fixtures for the project design area. Information shall include
pole manufacturer, style, height and color. Once a fixture and pole is selected, a
computer model will be developed.
b) Develop an illumination computer model of the project area to determine the
spacing of lights. The roadway will be illuminated to the level of 0.6 to 0.9 foot-
candles with approximately a 3:1 ratio. The illumination levels at lanes requiring
a vehicle to stop will be steadily increased from 0.9 foot-candles to 3.0 foot-
candles approaching the stop.
C) The electrical distribution system will be designed to connect into the Electrical
Utility Distribution System via an Electric Utility Company provided
transformer. FNI will have a minimum of one site visit and a maximum of two
site visits with the local Electric Utility Company for connection to the Electrical
Utility Distribution System. The electrical distribution system will be designed
using TxDOT Electrical Service Center details, unless specifically requested
otherwise by the Owner. One electrical service and distribution system will be
designed for the lighting system for this contract.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-10
d) Prepare illumination construction drawings including pole and conductor layout,
electric service data, and details.
SPECIAL SERVICES (CONSTRUCTION PHASE):
General Representation
1. Attend one (1) pre-construction meeting per bid project to discuss the project
schedule for construction.
2. FM design team staff will make (24) visits to the site to observe the progress and the
quality of work and to attempt to determine in general if the work is proceeding in
accordance with the construction contract documents. It is anticipated that these will
be monthly site visits. In this effort FNI will endeavor to protect the Owner against
defects and deficiencies in the work of Contractor and will report any observed
deficiencies to the Owner.
3. Review Contractor shop drawings and other project related submittals. Notify the
Contractor of non-conforming work observed during site visits. Review quality
related documents provided by the Contractor such as test reports, equipment
installation reports or other documentation required by the construction contract
documents.
4. Interpret the drawings and specifications for the Owner and Contractor.
Investigations, analyses, and studies requested by the Contractor and approved by the
Owner, for substitutions of equipment and/or materials or deviations from the
drawings and specifications are an additional service.
5. Prepare documentation for contract modifications required to implement
modifications in the design of the project. Receive and evaluate notices of
Contractor claims and make recommendations to the Owner on the merit and value
of the claim on the basis of information submitted by the Contractor or available in
project documentation.
6. Revise the construction drawings in accordance with the information furnished by
Contractor reflecting changes in the project made during construction. One (1) set of
mylar reproducible prints of "Record Drawings" and electronic files shall be
provided by FNI to the Owner for each set of construction drawings.
Resident Representation
The Scope of Services for Full Time Resident Representation services includes (1) one full
time inspector (based on 40 hours per week) for construction duration up to 30 months.
L:\Resources\cbs\D\Denton\MayhiR Road\10-12-10 Exhibit A-11
A. FNI will have a Resident Project Representative on the Site. The duties, responsibilities
and the limitations of authority of the Resident Project Representative, and designated
assistants, are as follows:
1. Resident Project Representative is FNI's agent at the site, will act as directed by
and under the supervision of FNI, and will confer with FNI regarding Resident
Project Representative's actions. Resident Project Representative's dealings in
matters pertaining to the on-site Work shall in general be with FNI and
contractor, keeping Owner advised as necessary. Resident Project
Representative's dealings with subcontractors shall only be through or with full
knowledge and approval of contractor. Resident Project Representative shall
generally communicate with Owner with the knowledge of and under the
direction of FNI.
B. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule, schedule of shop drawing submittals
and schedules of values prepared by contractor and consult with FNI concerning
acceptability.
2. Conferences and Meetings: Attend meetings with contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project-related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as FNI's liaison with contractor, working principally through
contractor's superintendent and assist in understanding the intent of Contract
Documents; and assist FNI in serving as Owner's liaison with contractor
when contractor's operations affect Owner's on-site operations.
b. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of shop drawings and samples.
b. Receive samples which are furnished at the site by contractor, and notify
FNI of availability of samples for examination.
c. Advise FNI and contractor of the commencement of any Work requiring a
shop drawing or sample if the submittal has not been approved by FNI.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to determine if the
Work is in general proceeding in accordance with the Contract Documents.
L:\Resourceslcbs\D\Denton\Mayhill Road110-12-10 Exhibit A-12
b. Report to FNI whenever Resident Project Representative believes that any
Work will not produce a completed Project that conforms generally to the
Contract Documents or will prejudice the integrity of the design concept of
the completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and advise FNI of Work the
Resident Project Representative believes should be corrected or rejected or
should be uncovered for observation, or requires special testing, inspection
or approval.
Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and
report to FNI.
6. Interpretation of Contract Documents: Report to FNI when clarifications and
interpretations of the Contract Documents are needed and transmit to contractor
clarifications and interpretations as issued by FNI.
7. Request for Revisions: Consider and evaluate contractor's suggestions for
revisions to Drawings or Specifications and report with Resident Project
Representative's recommendations to FNI. Transmit to contractor in writing
decisions as issued by FNI.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and Samples, reproductions of original
Contract Documents, including all Work Change Directives, Addenda,
Change Orders, Field Orders, Written Amendments, additional Drawings
issued subsequent to the execution of the Contract, FNI's clarifications and
interpretations of the Contract Documents, progress reports, submittals and
correspondence received from and delivered to contractor and other Project
related documents.
9. Reports:
Furnish to FNI periodic reports as required of progress of the work and of
contractor's compliance with the progress schedule and schedule of Shop
Drawings and Sample submittals.
b. Consult with FNI in advance of scheduled major tests, inspections or start of
important phases of the Work.
Draft proposed Written Amendments, Change Orders and Work Change
Directives, obtaining backup material from contractor and recommend to
FNI Written Amendments, Change Orders, Work Change Directives, and
Field Orders.
d. Report immediately to FNI and Owner the occurrence of any accident.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-13
10. Payment Requests: Review Applications for Payment with contractor for
compliance with the established procedure for their submission and forward with
recommendations to Owner, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and materials and
equipment at the Site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to FNI for review and forwarding to Owner prior to final
payment for the Work.
12. Completion:
a. Before FNI issues a Certificate of Substantial Completion, submit to
contractor a list of observed items requiring completion or correction.
b. Observe whether contractor has performed inspections required by laws or
regulations, ordinances, codes or order applicable to the Work, including but
not limited to those to be performed by public agencies having jurisdiction
over the Work.
c. Conduct a final inspection in the company of FNI, Owner and contractor and
prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and
make recommendations to FNI concerning acceptance.
C. Limitations of Authority of Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or-equal" items), unless authorized by FNI.
2. Shall not exceed limitations of FNI's authority as set forth in Agreement or the
Contract Documents.
3. Shall not undertake any of the responsibilities of contractor, subcontractor,
suppliers, or contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences or procedures of construction
unless such advice or directions are specifically required by the Contract
Documents.
L: Resourceslcbs\D\Dcnton\Mayhill Road110-12-10 Exhibit A-14
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work or any activities or
operations of Owner or contractor.
6. Shall not accept shop drawing or sample submittals from anyone other than the
contractor.
7. Shall not participate in specialized field or laboratory tests or inspections
conducted by others, except as specifically authorized by FNI.
SPECIAL SERVICES (SUBCONSULTANT):
A. Boundary and Topographic Surveying (Arthur Surveying)
1. Establish horizontal and vertical control for the project from existing TxDOT control
monuments. Establish adequate control points and benchmarks for construction of the
project. Cross-tie all survey control to City of Denton benchmarks.
2. Provide a topographic survey of the project. The topographic survey shall extend the
entire length of Mayhill Road from IH-35E to 400' north of US 380. The survey
corridor shall be 200' wide, extending 100' on each side of the proposed roadway
centerline, and shall extend a minimum of 200' along all intersecting streets. The survey
shall consist of roadway cross sections taken at 50' intervals, locating all existing
features such as water valves (including top of nut elevation), curb & gutter, asphalt,
driveways, culverts, headwalls, mailboxes, geotechnical boring locations, sanitary and
storm sewer manholes (including invert elevations with flowlines, sizes and material
types), trees with 6" or greater diameter at 4' height, tops and toes of slopes, visible
utilities, utilities marked by others, power poles, telephone risers, and all other visible
features.
3. Provide additional topographic surveying at five creek crossings for hydraulic modeling.
The limits of the survey will extend 500' upstream and downstream from the existing
crossings. Trees will not be surveyed in these areas.
B. Preparation of ROW and Easement Documents (Arthur Surveying)
1. Prepare metes and bounds for right-of-way and easement acquisitions. This scope
includes up to 80 ROW documents, 80 temporary easement documents and 10
permanent easement documents.
C. Subsurface Utility Engineering (Gorrondona and Associates)
SUE work required for this project will be conducted in general accordance with the
recommended practices and procedures described in ASCE Publication CUASCE 38-02
Standard Guideline for the Collection and Depiction of Existing Subsurface Utility
Data). The quality levels used on this project are as follows:
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-15
Quality Level B - Two-dimensional (x,y) information obtained through the
application and interpretation of non-destructive surface geophysical methods.
Also known as "designating" this quality level provides the approximate
horizontal position of subsurface utilities within approximately one foot.
Quality Level A - Also known as "locating", this quality level provides precise
three dimensional (x,y,z) information at critical locations by exposing specific
utilities. Non-destructive vacuum excavation equipment is used to expose the
utilities at specific points which are then tied down by survey.
1. Perform Quality Level B SUE for the entire project. A total of 45,000 feet of
underground facilities, consisting of natural gas and petroleum pipelines is expected
within the work limits. Water and sewer utilities will be located based on City record
drawings. Telephone and communication line are not included in this scope and will be
located based on records provided by the utility companies and above ground features
identified in topographic survey.
2. In areas of potential conflict with the roadway, drainage and utility design, a Level A
SUE will be conducted to determine the horizontal and vertical positions of the lines. A
total of 50 test holes are anticipated for this project.
D. Geotechnical Engineering and Pavement Design (HVJ Associates)
1. Obtain a total of 58 borings. Eight borings will be drilled on existing pavement to a
depth of 10 feet after measuring existing pavement thickness. Forty-two borings will be
drilled to a depth of 10 feet below the existing ground surface at locations either on
pavement or outside the pavement area depending on utility clearance. Eight borings
will be drilled for bridge foundation design to a depth of 20 feet into rock. The rock is
estimated to be at approximately 40 feet deep; therefore the estimated depth of these
borings is 60 feet.
2. The borings will be sampled continuously to a depth of 10 feet, and at 5-foot intervals
thereafter, to determine site stratigraphy and to obtain samples for laboratory testing. All
field and laboratory tests will be performed according to ASTM standards, where
applicable, or with other well-established procedures. The tests will include natural
moisture contents, Atterberg Limits, percent passing the No. 200 sieve, grain-size
analysis, sulfates, California bearing ratio, standard proctor, unconfined compression and
unit dry weight.
3. Nondestructive Deflection Testing (NDT) with the Falling Weight Deflectometer will be
conducted on the existing pavement to better determine the variations in subgrade
support for the project limits. The NDT data will be utilized to confirm pavement boring
locations for the geotechnical investigation, define the limits of the project represented
by each boring, and identify locations for the CBR sampling.
4. Calculate the remaining life of the existing pavement from IH-35E to Colorado St. A
brief visual condition assessment will be made of the pavement in this location to
identify existing pavement distress to be considered in the evaluation. The deflection
testing in these locations will be analyzed to determine the existing in-situ strength of the
L:1Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-16
existing concrete pavement section (concrete, base if any, and subgrade) based on the
pavement thickness determined from the cores. The number of equivalent 18-kip single
axle loads (ESALs) that can be supported by the pavement will then be calculated.
5. Provide pavement thickness designs for a 40-Year Design Life criteria for the following
alternatives: two Portland cement (PCC) pavement alternatives based on two base types
hot mix asphalt concrete (HMAC) and cement treated base (CTB), and one HMAC
pavement. Because of the length of the project limits, it is assumed that there may be up
to two different subgrade types with varying strengths upon which to base these
thickness designs. Therefore, the total number of pavement sections assumed to be
designed is six. The AASHTO Design and Rehabilitation in Windows System
DARWIN) design program will be used to develop pavement designs. Should
additional pavement cross sections be needed for the project, they can be included in the
project as an additional service. Traffic counts will be obtained by a separate
subconsultant which will provide average annual daily traffic volumes, as well as the
vehicle mix. In addition, recommendations provided in Gregory Geotechnical Report
No. LR06012-1, dated October 3, 2006 will be incorporated into the design.
E. Archaeological Surveying (AR Consultants)
1. Conduct an archaeological evaluation and submit a Request for State Historic
Preservation Officer (SHPO) Consultation Form to the Texas Historical Commission
THC). In addition to the information available through online databases, a review of
projects conducted by AR Consultants (ARC) and other contract archaeological firms in
or near the project area as well as information that may not be available from Texas
Archeological Studies Association (TASA) but will be available from the University of
North Texas will be synthesized in the evaluation. Additionally, an employee of ARC
will visit the project area to take photographs and conduct a windshield survey of the
study area. A letter report is to be provided to the Owner that presents the findings of the
research and recommendations regarding the archaeological potential for the project and
how to proceed. Once the Owner comments on the letter report, ARC will submit a letter
report to the THC for their 30-day review period. The evaluation will include a database
search of the following resources: Texas Archaeological Site Atlas, historic maps, USGS
maps, aerial photographs, geological maps, county soil surveys, Denton County
Appraisal District.
2. If a survey is required, secure an archaeological survey permit from the Texas Historical
Commission (THC). This will require obtaining the signature of an official with the City
of Denton.
3. Conduct a comprehensive cultural resources pedestrian survey of the proposed roadway.
Besides the systematic survey of the proposed route, it is assumed that 75 or more shovel
tests will be excavated in order to meet the guidelines for pedestrian surveys published
by the Texas Historical Commission. Each shovel test will be 30 cm in diameter and will
be excavated in 10 cm levels. Soil from the shovel tests will be passed through 1/a" mesh
shaker screens. If the clay content of the sample is too high, the soils will be manually
broken and inspected.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-17
Due to the depth that the roadway will be excavated and the shallow depth of the A-
horizon above the pre-Holocene sediments that are described by the Soil Conservation
Service, it is not expected that mechanical trenching will be necessary.
4. Site boundaries, i.e. the limits of any archaeological sites or structures that are
recognized during survey and testing will be defined on the horizontal plane and deposit
depth will also be defined as necessary.
5. Perform detailed artifact analysis if artifacts are recovered and then prepare a draft
technical report.
6. Records and artifacts will be prepared for curation at the Texas Archeological Research
Laboratory (TARL) at The University of Texas. The cost of records curation is included
in the proposed cost, but if artifacts are recovered, their preparation for curation and the
cost of perpetual curation will be negotiated with TARL and will be an additional
services item.
7. The draft written report will be submitted to the Owner. After comments have been
addressed, it will be submitted to the THC and Corps of Engineers (COE) for review and
comment. The report will meet the standards for cultural resource reports prepared by
the Council of Texas Archeologists (n.d.) and adopted by the THC. The THC will serve
at the official reviewer for the COE, but a copy of the draft report and cover letter will be
submitted to the COE for their review.
8. Revisions of the draft report will be prepared after it has been reviewed and review
comments have been addressed. Once a final draft has been prepared, it will be
resubmitted to the Owner for review and then again to the THC and COE.
9. Curation of records and artifacts will be completed in order to satisfy the permit
requirements.
10. The final technical report will be printed and the necessary copies submitted to the
Owner, the COE, and the THC. One copy of the final report and an archival quality CD
will be submitted to the THC as required by the permit and five copies of the final
technical report and an archival quality CD with the report will delivered to the Owner.
F. Right-of-Way Services (Stateside Right-of-Way Services, Inc.)
1. Pre-Acquisition Services:
a) Hire a title company to provide preliminary ownership and easement
information.
b) Work with surveyor in development of right of way maps and legal descriptions
of needed property rights.
C) Provide detailed right of way cost estimates on a parcel by parcel basis,
d) Assist in preparing and obtaining any Rights of Entry necessary for surveying,
geotechnical investigations and environmental services.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-18
2. Title Services:
a) Review preliminary title commitment or preliminary title search information
provided by the title company,
b) Secure title commitments and updates in accordance with insurance rules and
requirements for parcel payment submissions.
C) Secure title insurance for all parcels acquired, insuring acceptable title in the
name of the City of Denton. Written approval by the City of Denton will be
required for any exceptions to coverage.
d) Attend closings and provide closing services in conjunction with Title Company.
e) Record all original instruments immediately after closing at the respective
County Clerk's Office
3. Initial Appraisal:
a) Appraiser must be approved by the City of Denton.
b) Secure written permission from the owner to enter the property from which land
is to be acquired. If Agent, after diligent effort, is unable to secure the necessary
letter of permission from the property owner, a waiver must be obtained, in
writing from the City of Denton. Maintain permission letters with appraisal
reports.
c) Prepare and conduct personal pre-appraisal contact with interest owner(s) for
each parcel.
d) Contact property owners or their designated representative to offer opportunity to
accompany the appraiser on the appraiser's inspection of subject property.
Maintain record of contact in file.
e) Prepare complete appraisal report for each parcel to be acquired utilizing a
format approved by the City of Denton. These reports shall conform to the City
of Denton policies and procedures along with the Uniform Standards of
Professional Appraisal Practice.
f) As necessary, prepare written notification to the City of Denton of any
environmental concerns within the needed right of way to be acquired which
could require remediation.
g) All completed appraisals will be administratively reviewed and approved by the
City of Denton.
h) As necessary, the appraiser will appear and or testify as an Expert Witness in
eminent domain proceedings and be available for pre-hearing or pre-trial
meetings as directed by the City of Denton.
4. Right of Entry:
a) Prepare Right of Entry packets to include Landowner Bill of Rights, maps and
paperwork to be executed.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-19
b) Mail merge ROE letters and labels for envelopes and file folders. The agents
with prepare and stuff envelopes for out of town owners or owners who have
indicated that they want to receive all of their initial information via mail.
C) The agent will initiate negotiator and contact logs and attend landowner meetings
for ROE documents. The agent will research additional contact information for
nonresponsive landowners.
5. Negotiation Services:
a) Analyze appraisal reports and confirm approved value prior to making offer for
each parcel.
b) Analyze preliminary title report to determine potential title problems and propose
methods to cure title deficiencies.
C) Prepare the initial offer letter and any other documents required or requested by
the City of Denton in a form acceptable to the City of Denton.
d) Contact each property owner or owner's designated representative and present
the written offer in person where practical. When owners do not wish to have
offers delivered in person, they will be mailed via certified mail with return
receipt for documentation of delivery/receipt. Maintain follow-up contacts and
secure the necessary instruments upon acceptance of the offer for the closing.
e) Provide a copy of the appraisal report for the subject property exclusively to the
property owner or authorized representative at the time of the offer. Maintain
original signed Receipt of Appraisal.
f) Respond to property owner inquiries verbally and/or in writing within two
business days.
g) Prepare a separate negotiator contact report for each parcel file for each contact.
h) Maintain parcel files of original documentation related to the purchase of the real
property or property interests.
i) Present counteroffers in a form as directed by the City of Denton. Transmit any
written counteroffer from property owners including supporting documentation,
and Agent's recommendation with regard to the counteroffer.
j) Prepare final offer letter as necessary.
k) Appear and provide Expert Witness testimony when requested.
6. Relocation Services:
a) Notify all property owners and potential displacees of eligibility for relocation
assistance and provide them with a Relocation Assistance Brochure at time of
initial contact. If possible, advise displacee of preliminary relocation benefits at
this time.
b) Contact and provide relocation assistance to property owners and tenants affected
by acquisition of right of way.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-20
C) For residential relocations; locate, evaluate, and maintain files on comparable
available housing.
d) Calculate replacement housing supplement benefits.
e) Compute and submit request for relocation housing/rental supplement to the City
of Denton along with supporting documentation.
f) Provide 90-day notice to vacate simultaneously with the delivery of the
relocation benefits package.
g) Sixty days later or upon acquisition of the parcel, whichever occurs later, issue a
30 day letter.
h) Notify the City of Denton immediately if displacee does not move after 30-day
notice expires.
i) Perform a decent, safe, and sanitary inspection of the replacement housing in
accordance with the City of Denton.
j) Prepare moving plan with appropriate photos and sketches along with inventory
of personal property to be moved for non-residential moves.
k) Request moving estimates from moving companies as needed.
1) Coordinate moves with displaced homeowners, business owners, and tenants and
with moving companies in accordance with the City of Denton procedures.
m) Maintain relocation contact logs.
n) Attend closings on replacement property if requested by any party involved, and
assure supplemental payment is properly distributed.
o) Process and compute increased interest payments as required.
p) Relocation agent shall be available for any appeals or hearings.
q) Prepare all relocation payment claim submissions for all displacees on parcel.
r) Deliver payments in accordance with the City of Denton guidelines.
7. Condemnation Support:
a) Pre-Hearing Support
i) Upon receipt of a copy of the final offer, request an updated title
commitment for Eminent Domain from the Title Company.
ii) Prepare a condemnation package as directed by the City of Denton and
deliver the package to the City of Denton's designee or legal counsel.
iii) Upon notification from the City of Denton request the update of
appraisal.
iv) Upon receipt of condemnation packet documents prepared by Counsel for
the City of Denton, Agent will file the original petition with the County
Court at Law or other appropriate Court for a cause number to be
assigned.
L:1Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-21
v) File the Lis Pendens including the cause number with the County Clerk's
Office.
vi) Upon assignment of a court, file the Order Appointing Commissioners
with the judge retaining a copy of the Order for the files.
vii) Following appointment of Commissioners by the judge, secure the
following documents: Oath of Commissioners signed by the
Commissioners, Order Setting Hearing, and 2 copies of the Notice of
Hearing signed by the Commissioners.
viii) File all originals with the court and send copies marked "copy" to
Counsel for the City of Denton.
ix) Send a copy of the petition to the Title Company so that they can assure
all required parties were joined and that no changes in title have occurred.
x) Set the Commissioners Hearing after the updated appraisal has been
submitted, if there is no change in value. If there is an increase in value,_
upon approval by City of Denton make a revised final offer and submit a
copy of the revised final offer letter.
xi) Reserve a room for the hearing.
xii) Coordinate the hearing date with Counsel for the City of Denton, the
Appraiser, the Engineering witness, the three Special Commissioners, the
court reporter and any other parties designated by the City of Denton.
xiii) Coordinate a pre-hearing conference if required by Counsel for the City
of Denton.
xiv) After the hearing is set, serve Notices of Hearing to the indicated parties
at least 11 days prior to the Commissioner's hearing. If it is necessary to
join the Federal Government, be advised that they must be served not
later than 60 days prior to the date of the hearing.
xv) Once the notices have been served, file the original notices with the court
and send copies stamped "copy" to Counsel for the City of Denton.
xvi) Send a reminder letter to all parties.
b) Post-Hearing Support.
i) Obtain the signatures of Commissioners and file with the court for the
judge's signatures within two days the Hearing.
ii) Obtain and distribute to Counsel for the City of Denton certified copies of
the award.
iii) File payment of the award in the registry of the court. File a Notice of
Deposit with the court and send certified copies to each defendant
notifying them of the date of the deposit. The Date of Deposit is the Date
of Take.
iv) Take photographs of the interest to be acquired on the day of deposit.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-22
v) Send written notices of the date of deposit to all interested parties.
vi) Appear as Expert Witness as requested.
8. Project Administration
a) Maintain current status reports of all parcel and project activities and provide
monthly or as requested to FNI and the City of Denton.
b) Participate in project review meetings as determined by FNI and the City of
Denton.
C) Provide copies of all incoming and outgoing correspondence as generated if
requested.
d) Maintain copies of all correspondence and contacts with property owners.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically
authorized in writing by Owner, which are not included in the above-described Basic and Special
Services, are described as follows:
A. Phase II Environmental Site Assessment services in accordance with ASTM standards to
identify and investigate the nature and extent of potential environmental contamination.
B. Preparation of CLOMR for Pecan Creek.
C. Tree survey to comply with City of Denton tree protection ordinance.
D. Prepare an application to the USACE for an individual 404 permit.
E. Prepare a detailed compensatory mitigation plan in accordance with the USACE and U.S.
Environmental Protection Agency Mitigation Rule to address mitigation for impacts to waters
of the U.S.
F. Field layouts or the furnishing of construction line and grade surveys.
G. Legal services for eminent domain hearings.
H. Historical structure survey for any structure that is within the proposal right-of-way that is
50+ years old will be considered an additional service.
L If buried features or structures are located, it may be necessary to conduct formal National
Register of Historic Places testing to satisfy the THC. The costs of in-depth NRHP testing or
mitigation excavation will be considered an additional service.
J. Construction Materials Testing.
K. Documenting and Recording Historic Structures.
L:\Resources\cbs\D\Denton\Mayhill Road\1 0- 12-10 Exhibit A-23
L. GIS mapping services or assistance with these services.
M. Providing additional 3D renderings or revisions to existing 3D renderings of the project
design.
N. Making revisions to drawings, specifications or other documents when such revisions are 1)
not consistent with approvals or instructions previously given by Owner or 2) due to other
causes not solely within the control of FNI.
0. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
P. Preparing data and reports for assistance to Owner in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator unless such litigation, mediation, arbitration, dispute review boards, or
other legal and/or administrative proceedings or hearings are caused by actions or negligence
of FNI or one of its subconsultants..
Q. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution
of claims disputes with contractor(s) unless such litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution
of claims disputes with contractor(s) are caused by actions or negligence of FNI or one of its
subconsultants.
R. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT unless such litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative proceedings in the
defense or prosecution of claims disputes with contractor(s) are caused by actions or
negligence of FNI or one of its subconsultants. Such services, if any, shall be furnished by
FNI on a fee basis negotiated by the respective parties outside of and in addition to this
AGREEMENT.
S. Performing investigations, studies, and analysis of work proposed by construction contractors
to correct defective construction work.
T. Design, contract modifications, studies or analyses required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this agreement.
U. Services required to resolve bid protests or to rebid the project for any reason, unless such
rebid is directly caused by actions or negligence of the engineering professional.
V. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
W. Any services required as a result of default of the contractor(s) or the failure, for any reason,
of the contractor(s) to complete the work within the contract time.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-24
X. Providing services after the completion of the construction phase not specifically listed in
Article I.
Y. Providing basic or additional services on an accelerated time schedule. The scope of this
service includes the cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated time
schedule directed by the Owner.
Z. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
AA. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
BB. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
CC. Provide follow-up professional services during contractor's warranty period.
A R TTCT F. TTT
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution
of this AGREEMENT and agrees to complete the services in accordance with the following
schedule:
See attached schedule)
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not limited
to delays in Owner or regulatory reviews, delays on the flow of information to be provided to FNI,
governmental approvals, etc. If the project is placed on hold by the Owner for more than six
months, FNI reserves the right to negotiate additional compensation for additional services related
to the delay.
ARTICLE IV
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as
not to delay the services of FNI:
A. Designate in writing a person to act as Owner's representative with respect to the services to
be rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define Owner's policies and decisions with
respect to FNI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project, including
project objectives and constraints, space, capacity and performance requirements, flexibility
and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which Owner will require to be included in the plan.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-25
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to completion
of the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of other consultants as Owner deems appropriate
for such examination and render in writing decisions pertaining thereto within a reasonable
time so as not to delay the services of FNI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project.
F. Attend and take leadership role in project progress meetings and other project related
meetings and attend and moderate the public meetings.
G. Give notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or
nonconformance of the work of any contractor.
H. Contact other departments within the City of Denton and coordinate with them to obtain
record drawings of other utilities, buildings, or infrastructure as needed.
1. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Article II of
this AGREEMENT or other services as required.
J. Bear all costs incident to compliance with the requirements of this Article IV.
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-26
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives:
Owner's Designated Representative -
Owner's Accounting Representative -
FNI's Project Manager -
FNI's Accounting Representative -
Frank G. Payne, P.E.
901-A Texas Street
Denton, Texas 76209
Phone: 940-349-8946
Fax: 940-349-8951
Email: frank.payne@cityofdenton.com
Annie Bunger
901-A Texas Street
Denton, Texas 76209
Phone: 940-349-8463
Fax: 940-349-8951
Email: annie.bunger@cityofdenton.com
Chris Bosco, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Phone: 817-735-7359
Fax: 817-735-7491
Email: cb@freese.com
Patti Allen
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Phone: 817-735-7366
Fax: 817-735-7491
Email: pla@freese.com
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-27
ATTACHMENT CO
COMPENSATION
A. Basic and As Authorized Services: Compensation to FNI for Basic and Special Services in
Attachment A shall be the lump sum of Two Million Three Hundred Seventeen Thousand Seven
Hundred Eighty Dollars ($2,317,780) and a cost plus not to exceed sum of Two Million One
Hundred Eighty Three Thousand Seven Hundred Fifty Dollars ($2,183,750) for a total fee of
Four Million Five Hundred One Thousand Five Hundred Thirty Dollars ($4,501,530). If FNI
sees the Scope of Services changing so that Additional Services are needed, including but not
limited to those services described as Additional Services in Attachment A, FNI will notify
Owner for Owner's approval before proceeding. Additional Services shall be computed based
on the Schedule of Charges.
B. Schedule of Charges for Additional Work:
FNI Staff Member Salary Cost Times Multiplier of 2.14
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay
applicable thereto) plus unemployment and payroll taxes and contributions for social security,
employment compensation insurance, retirement benefits, medical and other insurance, and
other miscellaneous benefits.
Other Direct Expenses Actual Cost Times Multiplier of 1.10
Other direct expenses shall include outside printing and reproduction expense, communication
expense, travel, transportation and subsistence away from Dallas and other miscellaneous
expenses directly related to the work, including costs of other work required to be done by
independent persons other than staff members.
Rates for In-house Services
Printin
Black and White
0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Binding
5.75 per book
v
L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 FNI
CO-1 OWNER
