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HomeMy WebLinkAbout1997-191NOTE- Amended by Ordinance No. 97-364 ORDINANCE NO — 9 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES- SIONAL SERVICES CONTRACT WITH TEAGUE, NALL AND PERKINS, INC FOR THE DESIGN OF THE STREAM PEC-4 STORM DRAINAGE IMPROVEMENTS AND THE RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to enter into a professional services contract with Teague, Nall and Perkins, Inc for the design of the stream PEC-4 storm drainage improvements and the Ruddell Strept bridge and channel improvements, a copy of which is attached hereto and incorporated by reference herein SECTION II That the City Manager is authorized to expend funds as required by the attached contract SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �_ day of 11997 JACI TILLER, MAYOR ATTEST JENNIFER WALTERS� CITY SECRETARY APObVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY E \DOCS\ORD\TEAGUE NALL PERKINS ORD PROFESSIONAL SERVICES AGREEMENT for the design of STREAM PEC-4 STORM DRAINAGE IMPROVEMENTS (Pecan Creek to T & P Railroad) and RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS (Ruddell Street to Stream PEC4) STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 1997, by and between the City of Denton, a Texas Municipal Corporation, with its print al office at 215 E McKinney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "OWNER") and Teague Nall and Perm inc., with its corporate office at 915 Florence St., Fort Wirth. Texas 76102, hereinafter called the ("CONSULTANT") acting herein, by and through their duly authorized representative WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with 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 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 PAGE 1 The Project shall include without lmntation the design of concrete channel Inver improvements along Stream PEC-4 from Pecan Creek westerly to the T&P Railroad including water and sanitary sewer relocations as needed, preparation of required easement documents, preparation of a CLOMR for this same reach of the stream, and the design of bridge improvements at Ruddell Street and related concrete channel liner improvements from the bridge to Stream PEC-4 including water and sanitary sewer relocations as needed, preparation of easement documents, and preparation of a CLOMR for the bridge improvements 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 verbal request for a priced, scope of work proposal, which the owner has utilized to solicit the CONSULTANT's services B To perform all those services set forth in CONSULTANT'S revised proposal dated April 21, 1997, which proposal is attached hereto and made a part hereof as Exhibit "A" 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 1 Preparation of plans, specifications, and contract documents 2 Topographic field surveys for design 3 Boundary surveys PAGE 2 4 Easement document preparation 5 Preparation of Conditional Letter of Map Revision (CLOMR) Detailed descriptions of the specific responsibilities of the CONSULTANT for the above services are found in EXHIBIT "A" attached hereto 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 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 During the course of the project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by tlus Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C Sampling, testing, or analysis beyond that specifically included in Basic Services PAGE 3 D Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system E Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications F Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER G Providing geotechmcal investigations for the site including soil borings, related analyses, and recommendations PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT of this Agreement and upon issuance 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 herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee PAGE 4 COMPENSATION A. COMPENSATION TERMS: 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of geo-technical 2 "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 snnilar incidentals in connection with that assignment B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT based on the cost estimate detail at an hourly rate shown in Exhibit "B", 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 expense not to exceed $ 217,647. 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 designees, 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 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 City shall not be PAGE 5 required to make any payments to the CONSULTANT when the CONSULTANT is in default under tins 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 IV , Additional Services, without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For Additional Services authorized in writing by the OWNER in Article IV, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "B" 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 (I %) per month from the said sixtieth (60th) 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 (I %) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with tins Article V, Compensation PAGE 6 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 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 the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project 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 PAGE 7 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, clauns, demands, damages, losses, and expenses, including but not hrruted 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 this Agreement and nothing herem shall waive any of the parry's 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 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 PAGE 8 B Automobile Liability Insurance with bodily injury hunts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for 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 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 furnishing the same coverage 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 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 parry PAGE 9 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 mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than 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 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 IV, 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 = 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 City for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and sub -consultants PAGE 10 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 mail at 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 Teague Nall and Perkins, Inc J Richard Perkins, P E Title Principal 2001 W Irving Blvd Irving, Texas 75061 To OWNER City of Denton ATTN Jerry Clark, P E Title Director of Engr & Transp Dept 215 E 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 ENTIRE AGREEMENT This Agreement consisting of 16 pages and 2 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 PAGE 11 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 party 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 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended, 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 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 PAGE 12 not be employees or officers of, or have any contractual relations with the City 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 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 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, duly executed, and, the parties further agree that the provisions of this section will not be waived unless as herein set forth PAGE 13 MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit "A" -- Consultant's Revised Proposal Exhibit "B" -- Employee Hourly Rates 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 tlus 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 this work hereunder shall be J. Richard Perkins. cry Vickery Delvin Black Mike Crenshaw. Kelly Dillard. a� _ _nd Kelly Wood However, nothing herein shall limit CONSULTANT from using other qualified and competent members of their 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, efficient manner, and, in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work PAGE 14 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 to, 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 CONSULTANT has ex ted this Agreement through its duly authorized undersigned officer on this the ! o �,.day of 19-7 CITY OF DENTON, TEXAS Ted Benavides, City Manager PAGE 15 ATTEST JENNIFER WALTERS, CITY SECRETARY By AP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY WITNESS TEAGUE NALL AND PERKINS, INC. 1 ' / 1 - 1, - '- ,. 1.. . - PAGE 16 rV4711TI-THUM CONSULTANT'S REVISED PROPOSAL TEAGUE NALL AND PERKINS C O N S U L T I N G E N G I N E E R S Mr Jerry Clark, P E Director pf Engineering and Transportation Dept City of: City Ha 221 N Denton, Dear 76201 April 21, 1997 Re: Engineering Services Proposal for Drainage Channel Improvements For Stream PEC4 & Ruddell Street Bridge Ord Revised) We sincerely appreciate the opportunity to submit the enclosed revised proposal for the provision of professional engineering and surveying services for the subject project This proposal is intended to append our previous proposal for Drainage Channel Improvements to PEC-4, dated April 3, 1997 This newest proposal includes the Base Project (Stream PEC-4 from Pecan Creek to the T & P Railroad) and Alternates 3 & 4) Alternate No 3 is the Ruddell Street bridge, and Alternate No 4 is the proposed concrete lmed-channel from Ruddell Street to the confluence with PEC-4 as identified in our Pecan Creek Drainage Master Plan The Base Project and Alternates 3 and 4 ire described below PEC-4 (Pecan Creek to T&P RR) [Base Project] The I limits of this portion of the project are Stream PEC-4 from its confluence with Pecan Creel: to the T&P Railroad Construction plans will be based on the hydrology performed by Frees: & Nichols (F&N) in their study dated December, 1996, and on detailed field surveys as indicated below Prelmunary review of the F&N study indicates that the channel was desig ied for a 25-year storm (ultimate development conditions) with at least one (1') foot of freeb 3ard Their report indicates that runoff from the 100-year ultimate conditions storm is contained in the channel as well Our channel design is proposed to be based on that same Plans and Specifications Charnel design will be accomplished using the Corps of Engineers HEC-2 backwater modeling software This data will also be a significant part of the CLOMR preparation TNP will prepare complete construction plans, specifications, and contract documents per City of Dent im standards and suitable for bidding and construction of the proposed improvements 2001 W IRVING BLVD 815 FLORENCE STREET IRVING TEXAS 75061 RT WORTH, TEXAS 76102 (214) 264 1765 (817) 338 5773 METRO (214) 251 1627 FAX (817) 336 2813 FAX (214) 251 4348 Mr Jerry Clark, P E April21, 1997 Page 2 (3rd Revision) Plan and profile sheets will be developed for the proposed channel improvements including detailed plans for the road crossings TNP will evaluate the use of crown -span crossings as well as conventional box culverts at street crossings (Bradshaw, Lakey, and Skinner) in the development of the plans Erosion control plans, traffic control plans, and any necessary utility relocation plans will also be prepared TNP will coordinate with the City staff to obtain available information regarding existing utilities in or near the project area and incorporate these into the design There are at least four (4) aerial sanitary sewer crossings in the project area which will need to be rebuilt to accommodate the wider channel There are also at least four (4) water line crossings that will need to be replaced (lowered) as well TNP will notify and coordinate with the providers of gas, electric, phone, and cable service, but plans for the relocation of these facilities, if necessary, are not a part of this proposal Adjustments in the alignment of the channel will be considered where feasible Factors such as hydraulics, existing improvements, and economics will all affect consideration of alignment adjustments in the design of the project All such potential alignment adjustments will be presented to the City for approval prior to inclusion in the final construction plans Topographic Surveying and Mapping Detailed design field surveys will be necessary to prepare the base plan for the design of the proposed channel TNP will perform all necessary field work to accurately define the existing channel conditions The existing channel will be cross -sectioned based on control established by our GPS equipment Existing topography, visible improvements, and existing utilities will be depicted on the plans Base maps will be prepared for use as part of the construction plans No boundary surveying is included in this portion of the proposal Surveying and exhibit preparation for any necessary easements are addressed below Boundary Survey Boundary surveying will be necessary to establish property lines throughout the project area This work will serve as a basis for any necessary easement preparation and for the evaluation of existing easements The boundary survey will be tied to City of Denton monumentation and prepared in accordance with standards set by the State Board of Land Surveying TNP will research public records for necessary plats and deeds, however, existing easements will be provided by the City Easement Documents It is likely that additional easements will be necessary to accommodate the proposed drainage channel and culvert improvements Because the State Board of Land Surveying requires that easements be sealed by a Registered Professional Land Surveyor and to be based on on-the- Mr Jerry Clark, P E April21, 1997 Page 3 (3rd Revision) ground field surveys, we propose to provide the necessary easements based on the boundary survey services described above Because it is not yet possible to determine the number of easements needed, we have assumed that all properties adjacent to the proposed channel will require easements As the project progresses, we may find that not all of the easements projected are actually necessary The fee will be adjusted downward as the exact need for easements is determined based on a "per parcel" fee of $ 300 The fee indicated herein is based on a worst case situation Conditional Letter of Map Revision (CLOMR) Based on the construction plans prepared by TNP, we will prepare models, documents, and exhibits necessary for submittal to FEMA to request a CLOMR This service will include documentation of existing conditions as well as proposed improvements This fee does not include application for a LOMR after construction is completed The effort involved in preparing an "As -Built" LOMR can vary depending on (1) the degree of involvement TNP has during the construction of the project and, (2) on the significance of changes made during the construction of the channel Time to Completion (Base Project Plus Alternates 3 and 4) TNP will provide final plans, specifications, and contract documents to the City within 90 calendar days after receipt of an executed Engineering Services Contract and a "notice to proceed" from the City ALTERNATE NO.3 - RUDDELL STREET BRIDGE The bridge will be designed in accordance with the Pecan Creek Master Plan, capable of passing the 100-year storm when the downstream improvements recommended in the Master Plan are implemented Construction Plans, Specifications, and Contract Documents Bridge hydraulic design will be accomplished using the Corps of Engineers HEC-2 backwater modeling software This data will also be a significant part of the CLOMR preparation Complete construction plans suitable for bidding and construction of the proposed improvements will be prepared Erosion control plans and traffic control plans will be prepared along with necessary utility relocation plans We anticipate that relocation of the water line crossing in Ruddell Street will be the only utility relocation necessary We will notify and coordinate with providers of gas, electric, and phone service, but plans for Mr Jerry Clark, P E April21, 1997 Page 4 (3rd Revision) relocation of these facilities, if necessary, are not a part of this proposal Topographic Survey for Design Detailed surveys will be necessary to provide the base for design of the proposed bridge TNP will perform all necessary field work to accurately define the existing conditions The existing channel will be cross -sectioned based on control established by our GPS system Existing topography and visible improvements and utilities will be depicted on the plans The survey will extend a sufficient length along Ruddell Street to permit a smooth transition of the roadway into the bridge Base maps will be prepared for use as part of the construction plans Boundary surveying and exhibit preparation for any necessary easements is addressed below Boundary Survey Boundary surveying will be necessary to establish property lines throughout the project area This work will serve as a basis for any necessary easement preparation and for evaluation of existing easements The boundary survey will be tied to City of Denton monumentation, and prepared in accordance with standards set by the State Board of Land Surveying TNP will research public records for necessary plats and deeds, however, existing easements will be provided by the City We also anticipate the possible need for temporary construction easements for this portion of the project Easement Document Preparation It is likely that additional easements will be necessary to accommodate the proposed improvements Because the State Board of Land Surveying requires that easements be sealed by a Registered Professional Land Surveyor and be based on field surveys, we propose to provide the necessary easements based on the above described boundary survey Because it is not yet possible to determine the number of easements needed, we have assumed that all properties adjacent to the proposed bridge will require easements As the project progresses, we may well find that not all of the easements projected are actually necessary The fee will be adjusted as the need for easements is determined, based on a fee of $300 per easement The fee indicated herein is based on a worst case situation Conditional Letter of Map Revision (CLOMR) Based on the construction plans, we will expand the scope of the previous proposal to include this portion of the project in the CLOMR This will include documentation of existing conditions as well as proposed unprovements This fee does not include an application for a Mr Jerry Clark, P E April 21, 1997 Page 5 (3rd Revision) LOMR after construction ALTERNATE NO. 4 - PECAN CREEK - (RUDDELL STREET TO PEC4) The limits of this option are Pecan Creek from the Ruddell Street bridge to the confluence with PEC-4 This portion of Pecan Creek has been identified in the Pecan Creek Drainage Master Plan as a concrete -lined channel Construction Plans, Specii5cations, and Contract Documents Plan/profile sheets will be prepared for this portion of the channel We anticipate that the existing sanitary sewer line will not need to be relocated, but that manhole adjustments will likely be necessary Topographic Survey for Design See description above Boundary Survey See description above No significant additional effort will be necessary to include this portion of the channel in the boundary surveying necessary for other parts of the project Easement Document Preparation See description above Conditional Letter of Map Revision No significant additional effort will be necessary to include this portion of the channel in the CLOMR prepared for the bridge project Mr Jerry Clark, P E April 21, 1997 Page 6 (3rd Revision) FEESCHEDULE The following lump sum fees are based on the above scope of work descriptions BASE PROJECT - STREAM PEC-4 (Pecan Creek to T&P RR) Construction Plans, Specifications, and Contract Documents $116,000 Topographic Survey for Design $ 14,500 (16 working days in the field) Boundary Survey $ 20,800 Easement Document Preparation $ 15,000 Conditional Letter of Map Revision $ 14,600 Subtotal Engineering Services Fee (Base Project) _ $ 180,900 ALTERNATE NO. 3 - RUDDELL STREET BRIDGE Construction Plans, Specifications, and Contract Documents $ 22,048 Topographic Survey for Design $ 2,200 (2 working days in the field) Boundary Survey $ 2,200 Easement Document Preparation $ 1,200 Conditional Letter of Map Revision $ 2,000 Subtotal Engineering Services Fee (Alternate No. 3) _ $ 29,648 ALTERNATE NO. 4 - PECAN CREEK - RUDDELL STREET TO PEC4 Construction Plans, Specifications, and Contract Documents $ 2,499 Topographic Survey for Design $ 1,600 (2 working days in the field) Boundary Survey N/A Easement Document Preparation $ 3,000 Conditional Letter of Map Revision N/A Subtotal Engineering Services Fee (Alternate No 4) _ $ 7,099 TOTAL ENGINEERING SERVICES FEE (Base Project and Alt's 3 & 4) _ $ 217,647 Mr Jerry Clark, P E April 21, 1997 Page 7 (3rd Revision) Items To Be Provided By the City of Denton: Records of GPS monuments Benchmarks Construction plans of existing utilities and improvements, as available Existing easements We are prepared to begin field work within ten (10) working days of formal acceptance of this proposal, (i a receipt of executed contract documents and "notice to proceed"), and we will begin engineering work as soon as field data is available We have also prepared and enclosed a formal contract based upon the new City of Denton contract forms you recently sent to us Once again, we appreciate the opportunity to provide this revised proposal to the City of Denton We look forward to continuing to work with you and your staff on this very important project Should you have any questions or need further information regarding this proposal, please do not hesitate to call JRP/czf Enclosures P \DEN9615300CS\REVISPR3 WPD Very truly yours, TEAGUE NALL AND PQECRKINS, INC. J d Perkins, P E EXHIBIT `B" EMPLOYEE HOURLY RATES EMPLOYEE HOURLY BILLING RATES RPLS $ 7000 1-Man G P S Crew 9000 1-Man Robotics Crew 7500 2-Man G P S Crew 10500 2-Man Robotics Crew 8500 Sid 2-Man Crew 7500 3-Man G,P S Crew 11500 Sid 3-M4n Crew 8500 Std 4-Man Crew 10000 Technician 4500 Principal $ 11000 Project Manager $80 00 - 90 00 Project Engineer $50 00 - 70 00 CAD Technician $40 00 - 58 00 Clerical $33 00 - 55 00 ORDINANCE NO / 1- --5 T AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM PEC-4 STORM DRAINAGE IMPROVEMENT AND RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS BETWEEN THE CITY AND TEAGUE NALL AND PERKINS, INC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 1, 1997, the City entered into a Professional Services Agreement for the design of stream PEC-4 storm drainage improvements and Ruddell Street bridge and channel improvements with Teague Nall and Perkins, Inc, hereinafter referred to as "Base Agreement," for a not -to -exceed amount of $217,647, and WHEREAS, the City desires to expand the scope of work for the above named consultant to include Alternatives No 5 and 6 and to increase the consultant's not -to -exceed figure by $45,163 to $262,810, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute Addendum No 1 to the Base Agreement between the City and Teague Nall and Perkins, Inc in substantially the form of the attached Addendum No 1, whicb is made a part of this ordinance for all purposes SECTION II. That the City Manager is hereby authorized to expend the funds as set forth in the attached Addendum No 1 SECTION III. That this ordinance shall become effective immediately upon its passage and approval 7 PASSED AND APPROVED this the day of OZlev "&- 192E JA LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY U.,7 _ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F \shnredWept\LOL\0ur Documents\OrdmanceeUCAUTHRIZ\teague nail and perkins amendment doe Page 2 STATE OF TEXAS COUNTY OF DENTON ADDENDUM NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM PEC4 STORM DRAINAGE IMPROVEMENTS AND RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS BETWEEN THE CITY OF DENTON AND TEAGUE NALL AND PERKINS, INC. DATED JULY 1,1997 This Addendum No 1 to that Professional Services Agreement for the design of stream PEC-4 storm drainage improvements (Pecan Creek to P&P Railroad) and Ruddell Street bridge and channel improvements (Ruddell Street to Stream PEC-4) between the City of Denton, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201 (hereinafter sometimes referred to as "Owner") and Teague Nall and Perkins, Inc , with its corporate office at 915 Florence Street, Fort Worth, Tarrant County, Texas 76102 (hereinafter sometimes referred to as "Consultant'), acting herein by and through their duly authorized representatives, hereinafter referred to as "Base Agreement " ARTICLE I That Section B of Article II "Scope of Services" of the Base Agreement is hereby amended by adding the following additional engineering services for the following elements of the project Preparation of construction plans and project specifications/contract documents for Pecan Creek between Stream PEC-4 and Sycamore Street including a study to consider the removal of the Sycamore Street bridge at Pecan Creek, and preparation of a LOMR for this portion of Peo.an Creek after construction is completed Based on the Sycamore bridge study, demolition and utility relocation plans may be added to the scope of work by a later Addendum 2 Preparation of limited construction plans (Owner to construct) for earthen channel improvements on Pecan Creek from Woodrow Lane to Ruddell Street Plans are to consist of representative cross -sections, plan layout sheets, and exhibits for COE 404 Permit preparation, and erosion control plans Provide "as -built" cross -sections after construction by the Ownet, and prepare a LOMR for this portion of Pecan Creek ARTICLE II That Article V "Compensation," subsection B `Billing and Payment" of the Base Agreement is hereby amended by adding the following fees to the Consultant's not -to -exceed figure The following additional lump sum fees are based on the above scope of work descriptions as indicated in B of Article II of the Base Agreement- ALTERNATE NO.5 — PECAN CREEK (STREAM PEC-4 TO SYCAMORE STREET) Construction Plans, Specifications, and Contract Documents $15,623 (Includes Sycamore Bridge closing feasibility study) Topographic Survey for Design 7,960 Letter of Map Revision (LOMR) 4_450 Subtotal Engineering Services Fee (Alternate No 5) $28,033 ALTERNATE NO.6 — PECAN CREEK (WOODROW DRIVE TO RUDDELL STREET) Construction Plans $ 3,360 (Representative Cross -Sections, Plan Layouts, and Exhibits) Topographic Survey for Design (Representative Cross -Sections) 3,160 Erosion Control Plans 2,660 Letter of Map Revision (LOMR) 7,950 Subtotal Engineering Services Fee (Alternate No 6) $17,130 Total Additional Engineering Services Fee $45,163 That the total of the additional fees for the above -mentioned Alternatives 5 and 6 shall increase the not -to -exceed figure of $217,647 by $45,163, so that the not -to -exceed figure shall now be $262,810 ARTICLE III That save and except as amended hereby, the remaining sections, subsections, sentences, and phrases of the Base Agreement shall remain in full force and effect EXECUTED in three counterparts (each of wluch is an original) on behalf of Consultant by its Vice President shown below//, aEd on behalf of Owner by its City Manager as duly authorized by its City Council this & w day o/79.1361— , 1997 OWNER CITY OF DENTON, TEXAS BY Ted! Benavides, City Manager CONSULTANT TEAGUE NALL AND PERKINS, INC BY J hard Perkins, P E , Vice President Page 2 ATTEST ATTEST JENNIFER WALTERS, CITY SECRETARY BY BY APP ED A TO LEGAL FORM HE RT L DUTY, CITY ATTORNEY m ITH LOUVOLIAbw"paLOUOur DxummtulCmtaft4ne8u6 nell pnrklm ummdmmt no I dm Page 3