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HomeMy WebLinkAbout1999-355ORDINANCE NO q I- _ 5Y AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR SERVICES RELATING TO IMPROVEMENTS TO SOUTH LAKES PARK AND JOE SKILES PARK WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to enter into a Professional Services Agreement with Schrickel, Rollins and Associates, Inc , substantially in the form of the Agreement attached to and made a part of this ordinance for all purposes, for the purpose of acquiring professional services relating to improvements to South Lakes Park and Joe Skiles Park SECTION 2 That the City Manager is hereby authorized to make the expenditures as required in the attached Professional Services Agreement SECTION 3 _ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 5- day of1999 J LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY P Doeumenl X0d--M%91echnrkd.111maidmv da PROFESSIONAL SERVICES AGREEMENT FOR Schrickel, Rollins and Associates, Inc. STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 21st day of September, 1999, 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 Schrickel, Rollins and Associates, Inc, with its corporate office at 1161 Corporate Drive West, Suite 200, Arlington, Texas 76006, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project South Lakes Park and Joe Skiles Park Improvements. The Project shall include, without limitation, design development, complete construction and bid documents for improvements at South Lakes Park and Joe Skiles Park. Improvements include pedestrian trails, athletic practice fields, picnic facilities, restroom, signage, parking spaces, playground and site furniture ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform all those services as necessary and as described in the OWNER's letter of August 20, 1999, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B To perform all those services set forth in CONSULTANT's Proposal for Professional Services of September 191999, which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein C. CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements Basic services to be provided include the following phases- Design Development, Construction Documents, Bidding and Construction Observation. D If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above -described Basic Services, are described as follows A Topographic Survey and Base Map preparation of approximately 15 acres B Geotechnical Investigation and Report C Reimbursable Expenses including reproduction expenses, postage and delivery expenses and other reimbursable expenses as requested and authorized by the City of Denton ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herem as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of architecture Page 2 B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non -labor expenses not to exceed $71,500 Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C " Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60`") day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " Page 3 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT 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 of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to tlus Agreement, and notlung herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved Page 4 ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed 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 of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not 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 C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies famishing the sane coverage ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified Page 5 mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation" Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, 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 CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mall to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days' mailing To CONSULTANT Victor Baxter, Vice President Schrckel, Rollins and Associates, Inc 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 To OWNER City of Denton Ed Hodney 321 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing Page 6 ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of nineteen (19) pages and three (3) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services Page 7 ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit A - Owner's Letter of August 20, 1999 Exhibit B - Consultant's Proposal for Professional Services of September 1, 1999 Exhibit C - Consultant's Hourly Wage Schedule B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Victor Baxter, Vice President However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such Page 8 steps as are appropriate to reasonably ensure that the work involved is properly coordinated with related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTA� has executed this Agreement through its duly authorized undersigned officer on this theme— day of 19�9z? ATTEST JENNIFER WALTERS, CITY SECRETARY IM 55VI&'.! ...: • CLEGALFORM HER WITNESS m CITY OF DENTON, TEXAS I HAWS Jk7JE MANAGER TANT Victor Baxter, Vice PrKidpfit Schrickel, Rollins and Asociates, Inc Page 9 LA PCIP C: G Id3Cl't0 10(1 0 C W,y y 1 August 20, 1999 Victor Baxter, Principal Schnckel, Rollins and Associates, Inc 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 SUBJECT South Lakes Park Phase II Improvements & Joe Slules Neighborhood Park Improvements Dear Victor As previously discussed, the City of Denton would be pleased to receive a proposal for professional services from Schnckel, Rollins and Associates, Inc , addressing the subject project Specifically, we are asking you to perform landscape architectural services in 1 t om lete construction and bid documents Project elements will design deve opmen , c p include. South Lakes Park - Approximately 15 miles of trail, athletic practice fields, 1-2 picnic pavilions & up to 10 picnic units, 1 rest room, srgnage, & up to 20 parking spaces Joe Skiles Park - Playground, picnic pavilion, & site furniture Selected area surveys, TDLR responses, 2 cost estimates prior to bid, and attendance at one pre -design meeting with neighborhood and other staff meetings as required Periodic site visits during construction to ensure compliance with your plans and specifications. I look forward to receiving your proposal meeting with you this week if at all possible set a time cerely J Simpson, Assrs erector Parks and Recreation Department Ed Hodney and I would like to schedule a Please call my office at (940) 349-8274, to www cityofdenton com EXHIBIT A Schrickel, Rollins and Associates, Inc. l nmult mts If I Inds( Ie AI( hdr( Ogre + I rn,ino( nrn 4 HIIInny, September 1, 1999 Ms Janet Simpson, Assistant Director Parks and Recreation Department City of Denton 321 E McKinney Denton, TX 76201 RE South Lakes Park, Phase II Improvements and Joe Skiles Neighborhood Park Improvements Proposal for Professional Services Dear Janet 6 u,l 1 b, II, 1 I t but W A hi � F l ulh alai D�nu1 loath It Inmlh Huhn i r°I IL Ihu, A' 1 III J hi A \ 11110rcl P I iHu, li °I 1, i.hrl R uudh vPr OIlid tiViilaill V'IA V11ml lV Rulhm PI l , nr khrItU I I AxI A Enclosed herewith is our proposed Scope of Services for the second phase of development as we discussed in our meeting yesterday The Scope of Services document would be attached to a City of Denton Standard Engineering Services Agreement Please review this draft and let me know if any comments or revisions you may have We look forward to working with you again Sincerely, SCFI ICKEL, LINS D ASSOCIATES, INC actor W Baxter, ASL Vice President VWB/am/Bt sf EXHIBIT B 1161 Corporate Drive West • Smte 200 • Arlington Texas 76006 • (8171649 3216/Metro (817) 640 8212/FAX (817) 649 7649 EXHIBIT "A" SCOPE OF SERVICES SOUTH LAKES PARK - PHASE 11, and JOE SKILES NEIGHBORHOOD PARK IMPROVEMENTS CITY OF DENTON TM- • • A This project consists of a Design Development and Construction Documents for the additions to two parks South Lakes Park and Joe Skiles Park The Engineer shall perform for the City the Basic Professional Services and Special Services for the phases of the Project to which this agreement applies Services include, but are not limited to, professional consultation and advice and furnishing civil, structural, mechanical, geotechnical, and electrical engineering services along with architectural and landscape architectural design services C The project construction budget for the City's second phase of development, to which the Design Development Phase Services and Construction Documents Phase Services will be coordinated by the Engineer, will be approximately $650,000 The total budget including professional services shall not exceed the sum of $720,000 D For purposes of this Engineering Services Agreement and its Exhibits, the term "Engineer," where appropriate, shall be interchangeable with the terms "Landscape Architect" or "Architect" or "Consultant." Schrickel, Rollins and Associates, Inc is a firm composed of practicing Registered Engineers, Planners and Registered Landscape Architects The firm does not represent itself solely as an engineer nor solely as a practitioner of architecture or landscape architecture as defined in the applicable State of Texas registration laws The following consumer information is required by the Landscape Architects Registration Law, Article 249c, VTCS The Texas Board of Architectural Examiners has jurisdiction over individuals licensed under the above named Act Their address and telephone number are 8213 Shoal Creek Blvd, Suite 107, Austin, Texas 78758-7589, (512) 458-4126 For the mutual benefit of the Engineer and the City, the Engineer shall not knowingly take any action called for by this Agreement or arising from the course of the Project which shall cause loss of the Engineer's professional liability insurance coverage for this Project or any aspect of it 9151 P 1 PART I - ELEMENTS A The development shall include, but not be limited to, the following elements It is understood that elements may be omitted in order to meet the project budget South Lakes Park a Approximately 1 5 miles of trait b Athletic practice fields c 1-2 picnic pavilions d Up to ten picnic units e One restroom building f Signage g Up to twenty parking spaces Joe Skiles Park a Playground b Picnic pavilion c Site furniture A Services Engineer will provide/perform the following Design Development Phase Services 1. Based upon the approved Master Plan Documents and adjustments authorized by the City in the program, schedule, or project design budget, the Engineer shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project with regard to site, architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate Design Development Phase deliverables shall include, but not be limited to, the following (a) Plan views in appropriate scale (b) Sections where appropriate (c) Floor plans and elevations where appropriate (d) Typical details (architectural and structural) Coordinate with appropriate governmental authorities and provide information requested for compliance with applicable codes, ordinances, and laws if necessary, make revisions necessary to obtain compliance or approval Prepare an estimate of construction quantities and develop a preliminary estimate of probable construction cost 8151 p 2 4 Submit five sets of the above plans and estimated probable construction cost estimate to the City for review 5 Meet with the City to discuss plans and estimated probable construction cost estimate 6 Attend one pre -design meeting with neighborhood group 7 Distribute the plans to local utility companies, if necessary, to obtain information regarding impacts to their facilities • •� __ ��_ 1. A Services Engineer will providelperform the following Construction Documents Phase Services 1 Based upon the approved Design Development Documents and further adjustments in the scope or quality of the Project or in the project design budget authorized by the City, the Engineer shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications settmgforth in detail the requirements for construction of the Project Construction Documents Phase deliverables shall include, but not be limited to these contract documents (a) Plan sheets illustrating plans, elevations, sections and details of construction (b) Standard City details incorporated into the plans, as required (c) Technical specifications (d) Project manual containing specifications and bidding documents including City forms such as bid proposal, form of agreement between City and Contractor, and conditions of the contract (e) Diskettes of the Construction Documents with each individual sheet as a separate drawing file 2. Prepare a take -off of final quantities and prepare final estimates of probable construction cost 3 Assist in preparing final bid documents, including City of Denton standard construction agreement, bid proposal forms, construction plans, and special conditions 4. Reproduce bid documents as required by City 5 File bid documents for review by the Texas Department of Licensing and Regulation 9151 p 3 PART IV - BIDDING PHASE_ A Serviced Engineer will provide/perform the following Bidding Phase Services Assist the City of Denton staff in preparing the advertisement for bids Answer questions from Bidders and prepare addenda as necessary Assist the City as required in opening bids 4 Provide bid tabulations and letter of recommendation Evaluate the lowest and second lowest bidder Bid evaluation will include the contractor's (a) Past work history, (b) Financial resources, and (c) Physical resources to produce the project 6 A summary of the bid analysis will be provided to the City for use in selection and award of the construction contract 7 Furnish the City with final plans for construction 8 Provide the City with a reproducible mylar set of drawings A Services. Engineer will provide/perform the following Construction Administration Phase Services Provide site observation visits appropriate to the stage and quality of the Contractor's works in progress Site observation visits shall be provided for the purpose of ascertaining for the City that the work is in substantial or general conformance with the contract documents and design intent (a) Should nonconforming or defective work be observed, the Engineer will endeavor to immediately inform the City's representative that conforming or remedial action is required (b) The number of site observation visits to be provided by a representative of the Engineer at times in the judgment of the Engineer appropriate to the works, or as otherwise requested/directed by the City, shall not exceed an aggregate total of 10 visits over the period of the Contractor's construction contract 8151 p 4 (c) Site observation visits provided by the Engineer as necessary to correct errors or omissions or to clarify ambiguities in the plans will not accrue against the 10 visits described in Part V - A 1 (b) above Conduct coordination meetings with contractors, inspection personnel, and City representative to discuss strategy, problem areas, progress, and any required coordination Prepare a summary of these meetings and distribute them to both the City and the contractor (maximum of one meeting per month to be conducted in conjunction with a site observation visit) It is estimated that construction will take approximately nine months Review shop drawings and other submittal information for the purpose of ascertaining conformance with the design intent and construction documents 4 Provide written responses to requests for information or clarification Prepare and process change orders, if required Review the monthly pay requests by the Contractor Assist the City in conducting the substantial completion and final completion observations When complete, recommend final acceptance of work Engineer's Status During Construction Engineerwill not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident hereto Engineer will not be responsible for Contractor's failure to perform or furnish the work in accordance with the construction documents Engineer will not be responsible for any delays in the execution of the work caused by the Contractor PART VI - SPECIAL SERVICES A Base Map and Survevme While existing base information from the Phase i contract documents would be sufficient for overall planning, it is not sufficient for detailed schematic design and preparation of construction drawings for improvements on site A new topographic survey of selected existing areas within the project areas will be required The survey will identify one foot contours, existing facilities, apparent utilities and trees with 3" or greater caliper The existing ballfields will not be included in the survey F reotechnical Investigation and Reoort The Engineer will secure, in behalf of the City, the services of an independent geotechnical engineering company acceptable to the 8151 p 5 City Field investigations, laboratory investigations, and engineering analyses will be performed PART VII - EXCLUSIONS A The intent of this Scope of Services, Exhibit "A" is to include only the services specifically listed herein for this Project Services specifically excluded from this scope of services include, but are not necessarily limited to the following 1 Field surveying or production of related maps for purposes of determining boundaries, utility locations, or construction control and layout 2 Design of off -site utility services or drainage facilities beyond any boundary of the project site 3 Environmental impact statements or assessments 4 Storm Water Pollution Prevention Plan 5 Fees for permits and advertising 6 Traffic engineering reports or studies 7 Flood studies or floodplain reclamation plans 8 Full-time or otherwise frequent and detailed inspection of the Contractor's works in progress 9 Designs for trench safety 10 Archaeological survey 11 Quality 12 Preparat 8151 services during construction or final plat EXHIBIT "B" COMPENSATION SCHEDULE SOUTH LAKES PARK - PHASE II, and JOE SKILES NEIGHBORHOOD PARK IMPROVEMENTS CITY OF DENTON A. BASIC SERVICES Design Development Phase, Construction Documents Phase and Bidding Phase (based on a design budget of $650,000) the stipulated sum of $ 47,800 2 Contract Administration Phase (if required by City) estimated to be (maximum of 12 site visits) 7,700 B. SPECIAL SERVICES Topographic Survey and Base Map Preparation approximately 15 acres an allowance not to exceed 7,500 2 Geotechnical Investigation and Report the time and materials allowance not to exceed 4,000 1. Reproduction expenses for drawings, plans or specifications provided for City uses including review copies of Design Development Documents and Contract Documents, and mylar reproducible copies of Contract Documents and Record Drawings Estimated to be $1,000 2 Reproduction expenses for bid documents (plan sets and project manuals) Estimated to be approximately $2,700 Postage and delivery expenses for City requested express mail or courier services and for mailing of contract documents to public agencies and bidders Estimated to be $300 8151 p I It] 4 Other reimbursable expenses may become due if the City requests and authorizes special reproductions, graphics, renderings or photo media beyond those listed However, the City will not be separately charged for local transportation or telephone communications normal to the project, nor for the use of computer -aided design and drafting equipment normal to the project 5 Fees required for securing approval of authorities having jurisdiction over the City and the Project will be paid directly by the City (a) This includes inspection and review fees required by the Texas Department of Licensing and Regulation for the Elimination of Architectural Barriers program Expenses for that agency are not expected to exceed $500 6 Maximum estimated reimbursable expenses TOTAL MAXIMUM COMPENSATION ....... ............ 8151 P 2 4,500 .. $ 71,500 SCHEDULE OF CHARGES 1999 BILLABLE SALARY RATE & EXPENSE CHARGES CLASSIFICATION PRINCIPAL ASSOCIATE SENIOR ENGINEER ENGINEER III ENGINEER II ENGINEER SENIOR LANDSCAPE ARCHITECT LANDSCAPE ARCHITECT III LANDSCAPE ARCHITECT II LANDSCAPE ARCHITECT SENIOR PLANNER PLANNER ARCHITECT DESIGNER SURVEY COORDINATOR SENIOR ENGINEERING TECHNICIAN ENGINEERING TECHNICIAN PLANNING TECHNICIAN PRODUCTION COORDINATOR DRAFTSMAN III OR CAD OPERATOR DRAFTSMAN II OR CAD OPERATOR DRAFTSMAN I OR CAD OPERATOR SENIOR SECRETARY SECRETARY/WORD PROCESSOR CLERK The ranges and individual salaries are adjusted annually OTHER SERVICES (Invoiced at rate shown) Four Man Field Party Three Man Field Parry Two Man Field Parry PC CAD Station PC Station PRINTING SERVICES (in house) SO FT PER ORDER BLUE LINE MYLAR PRICE VARIES ACCORDING TO SIZE OF ORDER 6 $370 $1000 1 1 100 1 25 71 13900 101,200 0 18/5 F 1 3Q5 F 201 300 0 14/S F 1 25/S F 301 1000 0 13/S F 1 20/S F 1001 up 0 11 S F 1 15/S F RANGE OF BILLABLE SALARY RATE LOW HIGH $125 $145 86 120 102 115 88 100 65 88 55 65 90 115 65 90 55 85 50 60 90 115 75 90 80 95 70 85 60 75 55 68 50 68 48 66 70 90 55 70 45 58 35 50 45 65 35 48 27 36 $102/hour 92/hour 7"our $12/hour 8/hour COMPUTER PLOTTING SERVICES (in house) BLACK INK ON COLOR ON MYLAR FILM SIZE BOND/VELLUM BOND/VELLUM OF INK PLOT up to 11 "x17' $ 10 50 $ 1300 $ 13 50 24"x36 11 00 1550 21 00 30"x42" 12 50 2200 2700 oversize add 2 50/SF 3 50/5F 4 50/SF infiouse Xerox copies provided at $0 07 per single side copy or $0 14 per double side copy OTHER DIREST EXPENSES Other direct expenses are relmburKA at actual cost times a multiplier of 1 10 They Include outside printing and reproductions expense communication expense travel transportation and subsistence away from Arlington and other miscellaneous expenses directly related to the work including costs of laboratory analysis tests and other work required to be done by independent persons other than staff members 99 SRA 1