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HomeMy WebLinkAbout1987-0581785L No - 05 APR 15 1987 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND ALBERT H HALFF ASSOCIATES, INC FOR PROFESSIONAL ENGINEERING SERVICES, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and authorizer s t—Fe_ Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and Albert H Halff Associates, Inc providing for professional engineering services in connection with bridge and channel improvements under the terms and conditions contained in said agreement which is attached hereto and made a part hereof SECTION II That the City Council authorizes the expendi- ture o un s not to exceed Sixty-six Thousand Nine Hundred and Thirty-two Dollars ($66,932) SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 4� day of 1987 RAY ST H S, M�YOR CITY ON DENTON, TEXAS ATTEST JE I ALTERS AC NG TY SECRETARY CI OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY � ALBERT H HALFF ASSOCIATES, INC ENGINEERS AND SCIENTISTS DALLAS FORT WORTH HOUSTON ALBERT H HALFF CHAIRMAN OF THE BOARD JOSE I NOVOA PRESIDENT RAUL WONG JR SENIOR VICE PRESIDENT 6616 NORTHWEST PLAZA DRIVE DON 0 BROCK VICE PRESIDENT DALLAS TEXAS 75225 TROY LYNN LOVELL VICE PRESIDENT 2141739 O094 MARTIN J MOLLOY VICE PRESIDENT DAVID S MORGAN VICE PRESIDENT WALTER E SKIPWITH VICE PRESIDENT JEFFREY H JACOB SECRETARY GEORGE PRALL JR TREASURER March 9 1987 PATRICK I KUNZ 1173 ALBERTC PETRACEK JR P1008 87 JERRY F ROBERTS City of Denton City Hall 215 East McKinney Street Denton, Texas 76210 Attn Mr Jerry Clark, P E City Engineer Dear Sir We propose to render professional engineering services in connection with bridge and channel improvements for Woodrow Lane at Pecan Creek and Burning Tree Lane at Cooper Creek (hereinafter called the "Project") You are expected to furnish us with full information as to your requirements including any special or extraordinary considerations for the project or special services needed, and also to make available all pertinent existing data Our services will consist of preparing a Hydrologic and Hydraulic Study and Letter Report, and Design and preparation of Contract Documents for construction, as set forth in the printed General Provisions as amended and supplemented in Exhibit A. thereto, which is attached to this letter We will also furnish such Additional Services as you may request The fee for our services will be computed as follows For the Tasks I. III, IV and V listed in Exhibit A Fee to be based on salary cost times a factor of 2 3 for services rendered by principals and employees engaged directly on the project, plus reimbursable expenses times a factor of 1 05 Task II, the Soils Report, will be performed by our geotechnical consultants, Hone Engineers, Inc , for a lump sum cost of $1,800 00, not to be exceeded without written authorization by the City of Denton We will bill the City of Denton directly for the costs of geotechnical studies without multiplying by a factor Total fee for Tasks I. II, III, IV and V shall not exceed $66.932 00 TRANSPORTATION WATER RESOURCES LAND DEVELOPMENT MUNICIPAL ENVIRONMENTAL SURVEYING ALBERT H HALFF ASSOCIATES, INC ENGINEERS AND SCIENTISTS City of Denton March 9, 1987 Page 2 At the end of Alternative Selection Phase (Task I), the City will decide whether the Paving Plans for Burning Tree Lane will be prepared by Half Associates or by the city and deleted from this contract In the event that the Paving Plans for Burning Tree Lane are deleted from this contract, the total fee for Tasks I. II, III, IV and V shall not exceed $59 435 00 Additional Services requested in writing will be charged on the basis of Salary Cost times a factor of 2 3 We will bill you monthly for services and Reimbursable Expenses The above financial arrangements are on the basis of prompt payment of our bills and the orderly and continuous progress of the Project We would expect to start our services promptly after receipt of your acceptance of this proposal and to complete our services in accordance with your schedule stated in the Request for Proposal and as outlined in Exhibit A If there are delays for reasons beyond our control which prevent completion of the herein described services before the dates in Exhibit A we would expect to negotiate with you an equitable adjustment of our compensation taking into consideration the impact of such delay including but not limited to changes in price indices and pay scales applicable to the period when services are in fact being rendered Services are to be rendered in the customary phases which, together with the general understandings applicable to our relationship with you, are set forth in the printed General Provisions and Exhibit A thereto which is attached to and made a part of this proposal Your particular responsibilities are also set forth in the General Provisions qlvq This proposal, the General Prove wen cop}sting of nine (9) pages and Exhibit A thereto which consists of }a#�r E pages represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by both of us If this package satisfactorily ALBERT H HALFF ASSOCIATES, INC ENGINEERS AND SCIENTISTS City of Denton March 9 1987 Page 3 sets forth your understanding of our agreement, we would appreciate your signing the enclosed copy of this letter in the space provided below and returning it to us This proposal will be open for acceptance until April ,,�ot 30 1987 unless changed by us in writing w` Yours very truly ALBERT H HALFF ASSOCIATES. INC Re Ong J E Se io Vice r sident RW blg ACCEPTED CITY OF DEN ON BY -4/ DATE I ��� GENERAL PROVISIONS Attached to and made app87 art of LETTER AGREE MENT d ted March b 19 between CityV Denton (OWNER) and Albert H Ha I TT Assoc 111C(ENGINEER) in respect of the Project described therein SECTION 1—BASIC SERVICES OF ENGINEER 11 General 1 I 1 ENGINEER shall perform for OWNER profes sional engineering services in all phases of the Project to which this Agreement applies as hereinafter pro vided These services will include serving as OWNER s professional engineering representative for the Protect providing professional engineering consultation and advice and furnishing customary civil, structural mechanical and electrical engineering services and cus tomary architectural services incidental thereto 1 2 Study and Report Phase After written authorization to proceed ENGINEER shall 1 2 1 Consult with OWNER to clarify and define OWNER s requirements for the Project and review available data 1 2 2 Advise OWNER as to the necessity of OWN ER s providing or obtaining from others data or ser vices of the types described in paragraph 3 2 and assist OWNER in obtaining such data and services 1 2 3 Identify and analyze requirements of govern mental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities 1 2 4 Provide analyses of OWNER s needs planning surveys site evaluations and comparative studies of prospective sites and solutions 1 2 5 Provide a general economic analysis of OWN ER s requirements applicable to various alternatives 1 2 6 Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropri ate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER s findings and recommendations This Report will be accompanied by ENGINEER s opinion of probable costs for the Project including the following which will be separately itemized Construction Cost allowance for engineering costs and contingencies and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants for the cost of land and rights of way for compensation for or damages to prop erties for interest and financing charges and for other services to be provided by others for OWNER pursuant to paragraph 3 2 The total of all such costs allowances etc are hereinafter called Total Project Costs 1 2 7 Furnish five copies of the Study and Report doc uments and review them in person with OWNER The duties and responsibilities of ENGINEER during the Study and Report Phase are amended and supple mented as indicated in paragraph 2 of Exhibit A Fur ther Descriptions of Basic Engineering Services and Related Matters' 13 Preliminary Design Phase After written authorization to proceed with the Prelim mary Design Phase ENGINEER shall 1 3 1 In consultation with OWNER and on the basis of the accepted Study and Report documents deter mine the general scope extent and character of the Project 1 3 2 Prepare Preliminary Design documents consist ing of final design criteria preliminary drawings, outline specifications and written descriptions of the Project 1 3 3 Advise OWNER if additional data or services of the types described in the first subparagraph of Para graph 3 2 are necessary and assist OWNER in obtaining such data and services 1 3 4 Based on the information contained in the pre limmary design documents submit a revised opinion of probable Total Project Costs 1 3 5 Furnish five copies of the above Preliminary Design documents and present and review them in per son with OWNER The duties and responsibilities of ENGINEER during the Preliminary Design Phase are amended and sup plemented as indicated in paragraph 3 of Exhibit A Further Description of Basic Engineering Services and Related Matters 14 Final Design Phase After written authorization to proceed with the Final Design Phase ENGINEER shall 1 4 1 On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs prepare for incorporation in the Contract Documents final drawings to show the general scope extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called Draw rags ) and Specifications (which will be prepared in conformance with the sixteen division format of the Construction Specifications Institute) 1 4 2 Provide technical criteria written descriptions and design data for OWNER s use in filing applications for permits with or obtaining approvals of such gov ernmental authorities as have jurisdiction to approve the design of the Project and assist OWNER in con sultations with appropriate authorities 1 4 3 Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope extent or character or design requirements of the Projector Construction Costs Fur nish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifica tions 1 4 4 Prepare for review and approval by OWNER its legal counsel and other advisors contract agreement forms general conditions and supplementary condi tions and (where appropriate) bid forms invitations to bid and instructions to bidders (all of which shall be consistent with the forms and pertinent guide sheets prepared by the Engineers Joint Contract Documents Committee) and assist in the preparation of other related documents 1 4 5 Furnish five copies of the above documents and of the Drawings and Specifications and present and review them in person with OWNER The duties and responsibilities of ENGINEER during the Final Design Phase are amended and supplemented as indicated in paragraph 4 of Exhibit A Further Description of Basic Engineering Services and Related Matters 15 Bidding or Negotiating Phase After written authorization to proceed with the Bidding or Negotiating Phase ENGINEER shall 1 5 1 Assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction materials equipment and services and where applicable maintain a record of prospective bidders to whom Bidding Documents have been issued attend pre bid conferences and receive and process deposits for Bidding Documents 1 5 2 Issue addenda as appropriate to interpret clarify or expand the Bidding Documents 1 5 3 Consult with and advise OWNER as to the acceptability of subcontractors suppliers and other persons and organizations proposed by the prime con tractor(s) (herein called Contractor(s) ) for those por lions of the work as to which such acceptability is required by the Bidding Documents 1 5 4 Consult with OWNER concerning and deter mine the acceptability of substitute materials and equip ment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents 1 5 5 Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or pro posals and in assembling and awarding contracts for construction materials equipment and services The duties and responsibilities of ENGINEER during the Bidding or Negotiating Phase are amended and supplemented as indicated in paragraph 5 of Exhibit A Further Description of Basic Engineering Services and Related Matters 16 Construction Phase During the Construction Phase 1 6 1 General Administration of Construction Con tract ENGINEER shall consult with and advise OWNER and act as OWNER s representative as pro vided in Articles 1 through 17 inclusive of the Standard General Conditions of the Construction Contract No 1910 8 (1983 edition) of the Engineers Joint Contract Documents Committee The extent and limitations of the duties responsibilities and authority of ENGI NEER as assigned in said Standard General Conditions shall not be modified except to the extent provided in paragraph 6 of Exhibit A Further Description of Basic Engineering Services and Related Matters and except as ENGINEER may otherwise agree in writing All of OWNER s instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Stan dard General Conditions except as otherwise provided in writing 1 6 2 Visits to Site and Observation of Construction In connection with observations of the work of Con tractor(s) while it is in progress 1 6 2 1 ENGINEER shall make visits to the site at intervals appropriate to the various stages of con struction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s) work In addition ENGI NEER shall provide the services of a Resident Proj ect Representative (and assistants as agreed) at the site to assist ENGINEER and to provide more con tinuous observation of such work Based on infor mation obtained during such visits and on such obser vations ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work 1 6 2 2 The Resident Project Representative (and any assistants) will be ENGINEER s agent or employee and under ENGINEER ssupervision The duties and responsibilities of the Resident Project Representative (and assistants) are set forth in Exhibit B Duties Responsibilities and Limitation of Authority of Resident Project Representative 1 6 2 3 The purpose of ENGINEER s visits to and representation by the Resident Project Repre sentative (and assistants if any) at the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase and in addition by exercise of ENGINEER s efforts as an experienced and qualified design professional to pro vide for OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and pre served by Contractor(s) On the other hand ENGI NEER shall not, during such visits or as a result of such observations,ofContractor(s) workinprogress supervise direct or have control over Contractor(s) work nor shall ENGINEER have authority over or responsibility for the means methods techniques sequences or procedures of construction selected by Contractor(s) for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules regula tions ordinances codes or orders applicable to Con tractor(s) furnishing and performing their work Accordingly ENGINEER can neither guarantee the performance of the construction contracts by Con tractor(s) nor assume responsibility for Contrac tor(s) failure to furnish and perform their work in accordance with the Contract Documents 1 6 3 Defective Work During such visits and on the basis of such observations ENGINEER may disap prove of or reject Contractor(s) work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms gen erally to the Contract Documents or that it will prelu dice the integrity of the design concept of the Project as reflected in the Contract Documents 1 64 Interpretations and Clarifications ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required 1 6 5 Shop Drawings ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions) samples and other data which Contractor(s) are required to submit but only for conformance with the design concept of the Project and compliance with the information given in the Con tract Documents Such reviews and approvals or other action shall not extend to means methods techniques sequences or procedures of construction or to safety precautions and programs incident thereto 1 6 6 Substitutes ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s) but subject to the provision of the second subparagraph of paragraph 212 1 6 7 Inspections and Tests ENGINEER shall have authority as OWNER s representative to require spe cial inspection or testing of the work and shall receive and review all certificates of inspections testings and approvals required by laws rules regulations ordi nances codes orders or the Contract Documents (but only to determine generally that their content complies with the requirements of and the results certified mdi cate compliance with the Contract Documents) 1 6 8 Disputes between OWNER and Contractor ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make deci lions on all claims of OWNER and Contractor(s) relat mg to the acceptability of the work or the interpretation 10 of the requirements of the Contract Documents per taming to the execution and progress of the work ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith 1 6 9 Applications for Payment Based on ENGI NEER s on site observations as an experienced and qualified design professional on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules 1 6 9 1 ENGINEER shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts Such recommendations of payment will constitute a rep resentation to OWNER based on such observations and review, that the work has progressed to the point indicated and that to the best of ENGINEER s knowledge information and belief the quality of such work is generally in accordance with the Con tract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Sub stantial Completion to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation) In the case of unit price work ENGINEER s rec ommendations of payment will include final deter minations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents) 1 6 9 2 By recommending any payment ENGI NEER will not thereby be deemed to have repre sented that exhaustive continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s) work as it is furnished and performed beyond the respon smbdities specifically assigned to ENGINEER in this Agreement and the Contract Documents ENGI NEER s review of Contractor(s) work for the pur poses of recommending payments will not impose on ENGINEER responsibility to supervise direct or control such work or for the means methods tech niques sequences or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws rules regula lions ordinances, codes or orders applicable to their furnishing and performing the work It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price or to determine that title to any of the work materials or equipment has passed to OWNER free and clear of any lien claims security interests or encumbrances or that there may not be other matters at issue between OWNER and Con tractor that might affect the amount that should be paid 1 6 10 Contractor(s) Completion Documents ENGI NEER shall receive and review maintenance and oper atmng instructions schedules guarantees bonds and certificates of inspection tests and approvals which are to be assembled by Contractor(s)in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of and in the case of certificates of inspec tion tests and approvals the results certified indicate compliance with the Contract Documents) and shall transmit them to OWNER with written comments 1 6 11 Inspections ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the corn pleted work is acceptable so that ENGINEER may recommend in writing final payment to Contractor(s) and may give written notice to OWNER and the Con tractor(s) that the work is acceptable (subject to any conditions therein expressed) but any such recom mendation and notice will be subject to the limitations expressed in paragraph l 6 9 2 16 12 Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of my Contractor or of any subcontractor or supplier or any of the Contractor(s) or subcontractors or suppliers agents or employees or any other persons (except ENGINEER s own employees and agents) at the site or otherwise furnishing or performing any of the Con tractor(s) work however nothing contained in para graphs 1 6 1 thru 1 6 11 inclusive shall be construed to release ENGINEERfrom liability for failure to prop erly perform duties and respon%ibihties assumed by ENGINEER in the Contract Documents 17 Operational Phase During Operational Phase ENGINEER shall when requested by OWNER 1 7 1 Provide assistance in the closing of any fin incial or related transaction for the Project 1 7 2 Provide assistance in connection with the refin ing and adjusting of any equipment or system 1 7 3 Assist OWNER in training OWNER s staff to operate and maintain the Project 1 7 4 Assist OWNER in developing systems and pro cedures for control of the operation and maintenance of and record keeping for the Project 1 7 5 Prepare a set of reproducible record prints of Drawings showing those changes made during the con struction process based on the marked up prints, draw rags and other data furnished by Contractor(s) to ENGI NEER and which ENGINEER considers significant 1 7 6 In company' with OWNER, visit the Project to observe any apparent defects in the completed con struction assist OWNER in consultations and discus sions with Contractor(s) concerning correction of such deficiencies and make recommendations as to replage ment or correction of defective work The duties and responsibilities of ENGINEER during the Operational Phase are amended and supplemented as indicated in paragraph 7 of Exhibit A Further Description of Basic Engineering Services and Related Matters SECTION 2—ADDITIONAL SERVICES OF ENGINEER 21 Normal and customary engineering services do not include service mirespect of the following categories of work which are usually referred to as Additional Services 2 1 1 If OWNER wishes ENGINEER to perform any of the following Additional Services OWNER shall so instruct ENGINEER in writing, and ENGI NEER shall perform or obtain from others such ser vices and will be paid therefor as provided in the Letter Agreement —Preparation of applications and supporting docu ments for governmental financial support of the Project in addition to those required under Basic Services preparation or review of environmental studies and related services, and assistance in obtaining environmental approvals —Services to make measured drawings of or to inves tigate existm� conditions or facilities —Services resulting from significant changes in the general scope extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER s control —Providing renderings or models —Preparing documents for alternate bids requested by OWNER for work which is not executed or for out of sequence work —Detailed consideration of operations maintenance and overhead expenses, value engineering and the preparation of rate schedules earnings and expense statements cash flow and economic evaluations feasibility studies appraisals and valuations —Furnishing the services of independent profes sional associates or consultants for other than Basic Services —If ENGINEER s compensation for Basic Services is not on the basis of Direct Labor or Salary Costs services resulting from the award of more than one prime contract for construction materials equip ment or services for the Project or from the con struction contract containing cost plus or incen tive savings provisions for Contractor s basic compensation or from arranging for performance by persons other than the principal prime contrac tors or from administering OWNER s contracts for such services —Services in connection with field surveys fordesign purposes and engineering surveys and staking out the work of Contractor(s) —Services during out of town travel other than visits to the site —Preparation of operating and maintenance manuals to supplement Basic Services under paragraph 1 7 3 —Preparing to serve or serving as a consultant or witness in any litigation arbitration or other legal or administrative proceeding except where required as part of Basic Services 2 12 When required by the Contract Documents in circumstances beyond ENGINEER s control ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER and ENGI NEER will be paid therefor as provided in the Letter Agreement —Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensa tion for Basic Services is not commensurate with the additional services rendered —Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s) services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor and evaluating an unreasonable or extensive number of claims submitted by Con tractor(s) or others in connection with the work —Services resulting from significant delays changes or price increases occurring as a direct or indirect 12 result of material, equipment or energy shortages —Additional or extended services during construc tion made necessary by (1) work damage by fire or other causes during construction (2) a signifi cant amount of defective or neglected work of any Contractor, (3) acceleration of the progress sched ule involving services beyond normal working hours (4) default by any Contractor SECTION 3—OWNER S RESPONSIBILITIES 3 1 OWNER shall provide all criteria and full infor matron as to OWNER s requirements for the Project designate a person to act with authority on OWNER s behalf in respect of all aspects of the Project examine and respond promptly to ENGINEER s submissions and give prompt written notice to ENGINEER when ever OWNER observes or otherwise becomes aware of any defect in the work 3 2 OWNER shall also do the following and pay all costs incident thereto —Furnish to ENGINEER borings probmgs and sub surface explorations hydrographic surveys labo ratory tests and inspections of samples materials and equipment appropriate professional interpre tations of all of the foregoing environmental assess ment and impact statements property boundary easement right of way topographic and utility sur veys property descriptions zoning and deed restric tions, all of which ENGINEER may rely upon in performing services hereunder —Guarantee access to and make all provisions for ENGINEER to enter upon public and private prop erty —Provide such legal accounting independent cost estimating and insurance counseling services as may be required for the Project any auditing service required in respect of Contractor(s) applications for payment, and any inspection services to determine if Contractor(s) are performing the work legally —Provide engineering surveys to establish reference points for construction —Furnish approvals and permits from all governmental authorities having jurisdiction over the Project —If more than one prime contractor is to be awarded for construction designate a party to have respon sibdity and authority for coordinating the activities of the various prime contractors 3 3 OWNER shall pay all costs incident to obtaining bids or proposals from Contractor(s) SECTION 4—MEANING OF TERMS 4 1 As used herein the term this Agreement refers to the Letter Agreement to which these General Pro visions are attached and to these General Provisions Exhibit A Further Description of Basic Engineering Services and Related Matters and Exhibit B Duties Responsibilities and Limitations of Authority of Resi dent Project Representative as if they were part of one and the same document 4 2 The construction cost of the entire Project (herein referred to as Construction Cost ) means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER but it will not include ENGINEER s compensation and expenses the costofland rights of way or compensation for or dam ages to properties unless this Agreement so specifies nor will it include OWNER s legal accounting insur ance counseling or auditing services or interest and financing charges incurred in connection with the Prol ect or the cost of other services to be provided by others to OWNER pursuant to paragraph 3 2 [Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph 1 2 6 ] 4 3 Direct Labor Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all ENGINEER s personnel engaged directly on the Project including but not limited to engineers archi tects surveyors designers draftsmen specification writers estimators other technical and business per sonnel but does not include indirect payroll related costs or fringe benefits For the purposes of this Agree ment the principals of ENGINEER and their current hourly Direct Labor Costs are 13 The hourly Direct Labor Costs of principals of ENGI NEER will be adjusted equitably to reflect changes in personnel and in ENGINEER s overall compensation procedures and practices 44 The Salary Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all ENGINEER s personnel engaged directly on the Proj ect including but not limited to engineers architects surveyors designers draftsmen specification writers estimators other technical and business personnel plus the cost of customary and statutory benefits including but not limited to social security contributions unem ployment excise and payroll taxes workers compen sation health and retirement benefits sick leave vaca tion and holiday pay and other group benefits For the purposes of this Agreement the principals of ENGI NEER and their current hourly Salary Costs are Jose I Novoa - $47 68 Raul Wong - $43 86 The hourly Salary Costs of principals of ENGINEER will be adjusted equitably to reflect changes in person nel and in ENGINEER s overall compensation pro cedures and practices 4 5 Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER s indepen dent professional associates or consultants directly or indirectly in connection with the Project such as expenses for transportation and subsistence incidental thereto obtaining bids or proposals fromContractor(s) providing and maintaining field office facilities including furnishings and utilities, subsistence and transportation of Resident Project Representatives and their assis tants toll telephone calls and telegrams reproduction of reports Drawings Specifications, Bidding Docu ments and similar Project related items in addition to those required under Section 1, and if authorized in advance by OWNER overtime work requiring higher than regular rates In addition, when compensation for Basic Services is on the basis of cost plus a fixed fee Direct Labor Costs or Payroll Costs method of pay ment if authorized in advance by OWNER Reim bursable Expenses will also include expenses incurred for computer time and other highly specialized equip ment including an, appropriate charge for previously established programs and expenses of photo raphic production techniques times a factor of 1 0t SECTION 5—MISCELLANEOUS 5 1 Reuse of Documents All documents mcl ding Drawings and Specifications prepared or furnished by ENGINEER (and ENGI NEER s independent professional associates and con sultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others however such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project Any reuse without written verifica tion or adaptation by ENGINEER for the specific pur pose intended will be at OWNER s sole risk and without lability or legal exposure to ENGINEER, or to ENGI NEER s independent professional associates or con sultants and OWNER shall indemnify and hold harm less ENGINEER and ENGINEER s independent professional associates and consultants from all claims damages losses and expenses including attorneys fees arising out of or resulting therefrom Any such venfi cation or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER 5 2 Opinions of Cost Since ENGINEER has no control over the cost of labor materials equipment or services furnished by others or over the Contractor(s) methods of determining prices or over competitive bidding or market conditions ENGINEER s opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER s experience and qualifications and represent ENGINEER s best judg ment as an experienced and qualified professional engi neer familiar with the construction industry but ENGINEER cannot and does not guarantee that pro posals bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs OWNER shall employ an independent cost estimator as provided in paragraph 3 2 ENGINEER s services to modify the Contract Documents to bring the Construction Cost within any limitation established by OWNER will be considered Additional Services and paid for as such by OWNER 5 3 Other Provisions Concerning Payments If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER s statement therefor the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth day and in addition ENGI NEER may after giving seven days written notice to OWNER suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services expenses and charges 5 4 Termination The obligation to provide further services under this Agreement may be terminated by either party upon 14 seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party In the event of any termination ENGINEER will be paid, for all services rendered to the date of termination, all Reimbursable Expenses and termma tion expenses Thus tcnlrscf myy alsa be Air m rolw by Owner, upvn /4• days wrilfen av?!ca j in Sack event En necr shall be cvwpemsated Far all service: 5 5 eontrolling Law Yendered prlar fb jermimatio m �� This Agreement is to be governed by the law of the principal place of business of ENGINEER 5 6 Successors and Assigns 5 6 1 OWNER and ENGINEER each is hereby bound and the partners, successors executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 5 6 2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners successors executors administrators and legal repre sentatives (and said assigns) of such other party in respect of all covenants agreements and obligations of this Agreement 5 6 2 Neither OWNER nor ENGINEER shall assign sublet or transfer any rights under or interest in (includ ing but without limitation moneys that may become due or moneys that are due) this Agreement without the written consent of the other except to the extent that any assignment subletting or transfer is mandated by law or the effect of this limitation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement Nothing con tamed in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder 5 6 3 Nothing under this Agreement shall be con strued to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party 5 7 Arbitrationq4�t ill be decided by arbitration in accordance/hipdra onstruchon Industry Arbitration Rules of t is n Arbitration Association then obtanur s th limitations and restrictions stated in pa 5 7 and 5 7 4 below This agreement so to and y other agreement or consent to arbitrat into i accordance herewith as provided in tgraph 7 will be specifically enforceable u prevail[ g law of any court having3unsdictio 5 7 2 NAtice of demand for arbitration m st be filed n writing rth the other parties to this Agr ement and with the A titan Arbitration Association he demand must be ma within a reasonable time a er the claim dispute or of er matter in question ha arisen In no event may the errand for arbitration b made after the date when msU tion of legal or egmt le proceedings based on suchcl m disputeorother attennquestion would be barred the applicable st ute of limitations 5 7 3 All demand for statements thereto hi< must contain a state er controversy as alleged or answering s[ateme (exclusive of interest an( not have jurisdiction p monetary award in resp which totals more than and costs) The arbitrai power or authority to coi in denial of their ownup counterclaim dispute i the amount in contro ei claim dispute or m tei live of interest and cost arbrtraho and all answering i includ any monetary claim that 110 total sum or value in the pa y making such demand is q6t more than $200 000 cos ) and the arbitrators will e or authority to render a i thereto against any party ;2 000 (exclusive of interest s ill not have jurisdiction ide or make findings (except sdicu ) concerning any claim other atterm question where iy of an such claim counter is more han $200 000 (exclu 5 7 4 No arbrtra on arising out of r relating to this Agreement may nclude by consoh anon joinder or in any other m tier any person or a ity who is not a lspecificaliy to this reement By w tten consent signed by all he parties to greem nt and containing a specific ref ence hereto imitat ns and restrictions contained i aragraphs and 7 4 may be waived in whole or i part as to clai counterclaim dispute or other tier spe lly described in such consent No conse to arbi n in respect of a specifically describe claim t in dispute or other matter in quesh n will rtute consent to arbitrate any other claim oun aim dispute or other matter in question whi h is pecifically described in such consent or in w ichsum or value in controversy exceeds $200 00lusive of interest and costs) or which is wrth a yy not specifically described therein 15 A The award rendered by the arbitrators w final Ju nay be entered upon�Lx ny court having jurstdtctto" t not be subject to modification or a cept to ent permitted by Sectto and 11 of the Federal ArbItratt §§10 11) [The remainder of this page was left blank intentionally 1 16 EXHIBIT "All FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED NATTERS 1 This is an exhibit attached to and made a part of the General Provisions attached to Letter Agreement made on March 6, 1987, between the City of Denton (OWNER) and Albert H Halff Associates, Inc (ENGINEER) providing for professional engineering services The Basic Services of ENGINEER as described in Section 1 of the said General Provisions are amended or supplemented as indicated below Table 1 lists the Tasks I, II, III, IV and V that are included in the scope of the professional engineering services to be provided by ENGINEER, with estimates of work effort and cost for each task 2 Paragraph 1 2 - Study and Report Phase ENGINEER shall Delete subparagraphs 1 2 2, 1 2 3, 1 2 4, 1 2 5 and 1 2 6 Add the following paragraph 1 2 2 The following items of work will be included in Task I (1) Collect all plans for existing and proposed utilities, culverts, roadways, and channels from the City (2) Obtain survey data from the City (3) Order geotechnical investigations (4) Obtain the hydrologic and hydraulic models from the U S Army Corps of Engineers (5) Calibrate the hydrologic and hydraulic model on our own computers (6) Identify alternatives for each site and conduct hydraulic computer runs to determine the impact of each alternative (7) Select recommended alternatives and prepare a Letter Report for the City setting forth ENGINEER's findings and recommendations This Report will be accompanied by ENGINEER's opinion of probable Construction Cost (8) Present the report at a meeting with the City Paragraph 1 3 Preliminary Design Phase - Delete Subparagraphs 1 3 4 and 1 3 5 Add the following paragraphs 1.3 4 Based on the information contained in the preliminary design documents, submit a revised opinion of probable Construction Costs 1.3 5 Furnish three copies of the above Preliminary Design documents and present and review them in person with OWNER Paragraph 1 4 Final Design Phase - Delete Subparagraphs 1 4 1 and 143 Add the following paragraphs 1 4 1 On the basis of the accepted Preliminary Design documents and the revised opinion of probable Construction Costs, prepare for incor- poration in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Drawings") and Specifications 1 4 3 Advise OWNER of any adjustments to the latest opinion of prob- able Construction Costs caused by changes in general scope, extent or character or design requirements of the Project Furnish to OWNER a revised opinion of probable Total Construction Costs based on the Drawings and Specifications Paragraph 1 5 Bidding or Negotiations Phase - Delete entire paragraph Paragraph 1 6 Construction Phase - Delete entire paragraph and insert the following 1 6 Construction Phase, as shown in Table 1, Exhibit A, Task V A-2 1,6 1 ENGINEER shall make a minimum of three (3) visits per bridge site at intervals appropriate to the various stages of construction as ENGINEER deems necessary to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)' work ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and the ENGINEER shall provide OWNER an Observation Report for each site visit Paragraph 1 7 Operational Phase - Delete entire paragraph 3 SECTION 2 - ADDITIONAL SERVICES OF ENGINEER Option I, "Design Woodrow Lane Paving" on Table 1 includes paving plans for Woodrow Lane within 600 feet each side of the proposed bridge and is not in the scope of services of this Contract If, however, the OWNER instructs the ENGINEER in writing to perform this task, the ENGINEER will perform and be paid therefore as provided in the Letter of Agreement, not to exceed $7,497 00 4 SECTION 3 - OWNER'S RESPONSIBILITIES Subparagraph 3 2 - Delete the following "-Provide engineering surveys to establish reference points for construction " Add the following Paragraph 3 2 "-Provide engineering surveys for all designs and construction as deemed necessary by the ENGINEER " 5 iSECTION 4 - MEANING OF TERMS 4 3 - Delete entire paragraph A-3 6 SECTION 5 - MISCELLANEOUS Paragraph 5.1 Reuse of Documents - Delete entire paragraph and insert the following 5 1 Ownership and Reuse of Documents 5 1 1 Ownership of Documents All documents, including but limited to drawings, specifications, reports, designs, drawings, and surveys, prepared by ENGINEER pursuant to this Contract are instruments of its services with respect to the Project All such instruments of service shall be property of OWNER, and may be used as the OWNER desires but at OWNER'S risk, without restriction Copies of the instruments of service may be retained by ENGINEER ENGINEER shall be liable to OWNER for any loss or damage to any such instruments of service while they are in the possession of or while being worked upon by ENGINEER, or ENGINEER'S employees, officers, agents, subcontractors or consultants All instruments of service so lost or damaged shall be replaced or restored by ENGINEER without cost to OWNER Upon completion and final accept- ance by the OWNER of the Services, or upon termination of this Contract pursuant to paragraph 5 4, ENGINEER shall, within fifteen (15) calendar days following final acceptance, or the termination notice date, whichever is applicable, deliver to OWNER all such instruments of services except such copies as are to be retained by ENGINEER 5 1 2 Reuse of Documents OWNER understands that the instruments of service as defined in paragraph 5 1 are not intended or repre- sented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project without specific written verified approval or adaptation by ENGINEER Any such written verification or adaptation by ENGINEER will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER ENGINEER shall have no liability for the reuse of such instruments of service without written verification or adaptation by ENGINEER or for changes made to the instruments of service by A-4 other ENGINEERS subsequent to the completion of the Project Any such change shall be sealed by the ENGINEER making a change and shall be appropriately marked to reflect what was changed or modified OWNER hereby acknowledges that use of instruments of service for projects other than that project for which they are prepared incurs the risk of improper application of design OWNER agrees to indemnify and hold harmless ENGINEER from any claims against ENGINEER, its officers, employees, agents, assigns, subcontractors and subconsultants arising out of the OWNER'S use of instruments of service on any project other than the project for which they are prepared 7 Paragraph 5 5 Controlling Law - Delete entire paragraph and replace with the following "This Agreement is to be governed by the law of the State of Texas " 8 Add the following to Section 5 - Miscellaneous 5 8 Indemnity 5 8 1 ENGINEER agrees to defend, indemnify, and hold OWNER its officers, agents and employees whole and harmless against any and all claims for damages, lose, ,judgements, liability, costa, ex- penses, including reasonable attorneys fees and interest on account of damage to any property and injuries, including death, to all persons that may arise out of, or be occasioned by or from�(�5` any negligent act, error, or omission of ENGINEER or any agent, o� servant, employee of ENGINEER in the execution or performance of this Contract 5 8 2 OWNER agrees to defend, indemnify, and hold ENGINEER its officers, agents and employees whole and harmless against any and all claims for damages, loss, ,judgements, liability, costs, ex- penses, including reasonable attorneys fees and interest on A-5 account of damage to any property and injuries, including death, 2� Fire Se/@ ""�� ,, to all persons that may arise out of, or be occasioned by —seer mW negligent act, error, or omission of OWNER or any agent, servant, employee of OWNER in the execution or performance of this Contract. 9 Add the following paragraph to Section 5 - Miscellaneous 5 9 Insurance Prior to the time ENGINEER is entitled to commence any part of the services under this Contract, ENGINEER shall at ENGINEER'S sole cost and expense procure, pay for and maintain insurance written by com- panies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to OWNER The insurance shall be evidenced by delivery to OWNER of certificates of insurance executed by the insurer listing coverage and limits, expiration date of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law The insurance requirements shall remain in effect throughout the term of this Contract The insurance policy shall include the following coverages and conditions by endorsements to the policy (1) j]Qrke�'s Comoensation as required by law, Emvlover's Liability Insurance of not less than $100,000 for each accident (2) omorehensive General Liability Insurance Includine Contr c u iiab3.lity and Personal Iniury Liability covering, but not limited to the indemnification provisions of this Contract, with limits Of liability for bodily injury including death, of not lees than $500,000 each occurrence, and with limits of liability for property damage of not less than $500,000 per occurrence and $1,000,000 aggregate Coverage shall be on "occurrence" basis, and the policy shall include Broad Form Property Damage Coverage (3) Professional Liability Insurance (including Errors and Omissions) with minimum limits of $1,000,000 per claim A-6 (4) comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with minimum limits of $250,000 for injuries to any one person and $500,000 on account of any one accident, and with minimum limits of $250,000 each occur- rence for property damage (combined single limits coverage of not less than $750,000 each occurrence is acceptable), such insurance to include coverage for loading and unloading hazards (5) $1,000,000 combined single limits bodily injury and property damage liability insurance, including death, as an excess of the primary coverage required above (6) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given to OWNER by certified mail to Mr Jerry Clark, P E City Engineer City of Denton City Nall 215 East McKinney Street Denton, Texas 76210 (7) ENGINEER shall notify OWNER, within 24 hours after receipt, of any notice of expiration, cancellation, non -renewal or material change in coverage it receives from its insurer (8) Companies issuing the insurance policies shall have no recourse against OWNER for payment for any premiums or assessments for any deductibles which are at the sole responsibility and risk of ENGINEER (9) The term "OWNER" shall include all authorities, Boards, Bureaus, Commissions, Divisions, Departments, and officers of the City of Denton and the individual members, employees and agents thereof in A-7 their official capacities, and/or while acting on behalf of the City of Denton (10) The policy clause "Other Insurance" shall not apply to any in- surance coverage currently held by OWNER, to any ouch future coverage, or to OWNER'S Self -Insured Retentions of whatever nature (11) ENGINEER and OWNER mutually waive subrogation rights each may have against the other for loss or damage, to the extent same ie covered by the proceeds of insurance 10 Add the following to Section 5 - Miscellaneous 5 10 Failure to Complete on Time The calendar days for the ENGINEER to complete the Project are based on receipt of Notice to Proceed from the OWNER on or before April 1, 1987 One hundred -six (106) calendar days are allotted for comple- tion of the following three tasks Task I - Hydrology and Hydraulic Analysis and Alternatives Task II - Geotechnical Report Task III - Production of Plans and Specifications for Woodrow Lane One hundred -six (106) calendar days are also allotted for Task IV, Production of Plane and Specifications for Burning Tree Lane, beginning with Notice to Proceed by September 1, 1987 Task V, Services During Construction, will be provided during the scheduled construction of Woodrow Lane between September 1, 1987 and February 1, 1988, and the construction of Burning Tree Lane between February 1 and May 15, 1988 For each calendar day that the work shall remain uncompleted after the allotted calendar days for each task have been exceeded, the sum of One Hundred Twenty Dollars ($120) per calendar day will be deducted from the monies due the ENGINEER The number of calendar days, as specified above, shall not include A-8 o time for the Geotechnical Consultant to provide the Soils Report, o time for OWNER to review, o time for OWNER to obtain reviews or permits from other governmental agencies, o time for OWNER to obtain permission to survey on private property, o time for OWNER to schedule meetings with Town Council, o time for OWNER to schedule public hearings, and o time for OWNER to provide field survey information The number of calendar days, as specified above, shall be extended for o increased time granted by the OWNER, o increased time due to change in scope of work authorized by the OWNER, o inclement weather preventing field surveying or soils borings, o circumstances beyond ENGINEER's control, including but not limited to, "Acts of God " The ENGINEER will promptly notify the OWNER in writing when such a delay develops and include a request for extension of the contract time The extension will be automatically granted should the OWNER fail to respond in writing to ENGINEER's request within five (5) working days from time of receipt of said request The work shall be considered complete upon acceptance of final plans and bidding documents for each bridge site A-9 iAel-,E1 BRIDGES ON NDDB AVE AND BURNING TREE LANE-DENTON, TEIAS ALBERT HALFF ASSOCIATES INC MARCH 4, 1997 I HYDROLOGY AND HYDRAULIC ANALYSIS _ M AND ALTERNATIVES I TASK / SHEET NM I NO OF I PRIMCPLI PROD MI ► E ^f E 1 T I DRAFT 1 SECR CABO AND I I TITLE I SHEETS f MH I MH f MN I MN I MH I MH I DIR COST i SUBTOTAL$ 1 I OBTAIN MODEL 1 0 1 0 1 0 I 6 0 1 _ f 0 1 1 I I CALIBRATE NOBEL 1 0 0 1 0 1 4 1 4 1 I 0 1 1 1 INPUT Y SECTIONS 1 0 I 0 1 0 1 4 1 8 1 1 0 t 1 I 1 3 COMPUTER RUNS 1 0 1 0 1 1 I 6 1 6 1 1 0 1 I I SELECT ALTFRNATIVEILETTER REPORTI 0 1 0 1 4 1 2 1 2 1 6 I 20 f $200 00 I I i MEET BITH CITY 1 0 I 0 1 8 1 8 1 0 1 1 0 1 I I 1 1 I ----1 -1 -I ---t I- I I- t 1 TOTAL HN/PERSON 1 0 1 0 1 13 I 30 f 20 8 1 20 I $200 00 1 I I 1 t ! I I I I I I SALARY COST t I 7 I I f 1 I H,821 00 i I 1 I I I I I I -- 1 1 SUBTOTAL TASK I NON STUDY 1 1 I I I 1 I $3,021 00 I i it BEOTECHNICAL REPORT- BY OTHERS SUBTOTAL -TASK 11 BOILS REPORT (FROM TELE CONVERSATION 0/ RON REED,RONE 3 3 87) $1,000 00 $1,800 00 III PLANS AND SPECIFICATIONS - NDOORON LANE f TASK / SHEET ^ 1 NO OF I PRINCPLI PAW MI P E I E I T 1 DRAFT I OECD I CADD AND I I I TITLE I SHEETS 1 MH I MH MN AN MH I AN DIR COST SUBTOTALS I COVER SHEET I I I 0 1 1 0 1 4 16 I 4 I $995 23 I I t 1 I I 1 I CHANNEL PLANS I I I CHANNEL CLEARING AND REMOVAL I 1 1 0 2 1 4 1 30 40 0 CHANNEL PLAN I PROFILE 2 I 2 4 8 40 60 I 0 1 CHANNEL SECTIONS AND DETAILS 1 1 0 1 I 2 30 40 0 LANDSCAPE AND TURFING 0 1 0 1 0 4 4 1 1 (INCLUDED ON PLAN SHEET) I 9UBTOTAL CHANNEL PLANS 4 $10,718 61 1 BRIDGE - BASED ON PAN 61RDER LAYOUT 1 2 1 4 4 24 32 1 CONTROL ELEVATIONS I I 1 1 4 30 32 $640 00 1 APPROACH I RISC DETAILS I t I 1 1 2 30 32 $640 00 CONDUIT I MISC DETAILS 1 1 1 2 30 32 $640 00 I SLAB 6 GIRDER SDHPT STD 1 2 4 4 1 BENTS N ABUTMENTS SDHPT STD l 1 4 4 1 1 I TYPE C4 RAIL SDHPT I STD 1 1 1 1 I 4 4 1 1 ARMOR JOINT DETAILS SDHPT I BID 1 I t t 2 4 1 1 I 1 1 1 SUBTOTAL BRIDGE PLANS 4 $12,185 76 I I 1 I 1 I I 1 SPECIFICATIONS I t 8 I 1 B 20 $1,413 84 1 PRINTING (NOT INCL 010 BETS) t 1 1 $135 00 1 I I t I I- --1 1 I TOTAL MH/PERSON 1 9 1 3 1 28 30 1 240 1 304 1 24 $2,055 00 I t I I I I I SALARY COST I i I I 1 I 123,423 44 1 1 ! I f I I I I I TOTAL COST TASK III NOODRON LANEI 1 I I t 1 $27,478 44 I 1 i IV PLANS NIP k FICATISO ^BURNING TREE LANE 1 TASK / GREET ^� I NO 9 1 PRIMCPLI PROJ MI P E I TITLE 1 SHEETS 1 MH MH I MH 1 COVER GREET N� I 1 1 0 1 1 1 1 1 I CHANNEL PLANS 1 1 I I I 1 I 1 CNAgIEL CLEARING AND REMOVAL 1 I I 0 2 1 I CHANNEL --PLAN / PROFILE 1 2 1 2 1 4 1 { OUR SECTIONS AND DETAILS I l 1 0 1 1 1 t LANDSCAPE AND TONING 1 0 1 0 1 0 1 1 (INCLUDED ON PLAN GREET) I 1 I I SUBTOTAL -CHANNEL PLANE 4 I 1 PAVING PLANE 1 I I I I I I I I STORM DRAINAGE AND INLETS I 1 1 0 1 1 1 PAVING PUN/ PROFILE I 1 1 0 1 2 1 PAVING DETAILS I 1 1 l 1 2 1 SUBTOTAL PAVING PLANS I 3 I BRIDGE BASED ON PAN GIRDER I I I I I I I I LAYOUT 1 1 1 2 1 4 1 1 CONTROL ELEVATIONS 1 1 I 1 1 1 1 APPROACH / RISC DETAILS I 1 I I I I 1 CONDUIT / NISC DETAILS I I I 1 I 1 SLAB I GIRDER BDHPT I BID 1 1 2 1 1 BENTS I ABUTMENTS- SDHPT I BIG I I I I I TYPE C4 RAIL 80HP1 I STD I I I 1 ARMOR JOINT DETAILS BDHPT I BID I I 1 I I f I SUBTOTAL BRIDGE PLANS 4 1 1 1 I 1 1 SPECIFICATIONS I PRINTING (NOT INCL BID SETS) I I TOTAL MH/PERSON 1 12 1 1 SALARY COST I TOTAL COST TASK IV BURNING TREE I 4 5 29 TASK V SERVICES DURING CONSTRUCTION WOODROW LANE BRIDGE 2 PERIODIC SITE VISITS 1 FINAL INSPECTION VISIT I BURNING TREE LANE DR106E 1 2 PERIODIC SITE VISITS I 1 FINAL INSPECTION VISIT I I I TOTAL MH/PERSON I I SALARY COST I 1 TOTAL COST TASK V SERVICES DURING CONSTRUCTION TOTAL ENGINEERING SERVICES TASKS I,II,III,IV I V DESIGN COST SUNMART I TASK I HYDROLOGY I TASK II BEOTECHNICAL I TASK III NOODROH LANE 1 TASK IV BURNING TREE LANE I TASK V SERVICES DURNINS CONSTRUCTION TOTAL TASKS 1,11,III,IV 6 V 8 I OPTION 1 DESIGN WOODROW LANE PAVING I PAVING PLANS I I STORM DRAINAGE AND INLETS I 1 1 0 1 1 PAVING PLAN/ PROFILE I 11 0 1 2 1 PAVING DETAILS I l i t 2 1 SUBTOTAL -PAVING PUNS HOODRON LANE i ^I E I T I DRAFT I BECK I CASS AND I, A I I AN MH I MH I DID COST I SUBTOTALS I I 1 I 4 1 D I 4 t 1 $673 23 t 1 1 1 r I I I 1 I I 1 1 30 40 1 O I I B 1 40 60 1 01 t 21 301 101 Oi 1 II 1 41 I 1 t I f I l I $10,718 61 i I t I I I 1 I f I I 41 241 321 01 1 1 11 24 321 01 t 1 11 241 321 01 { 1 $7,497 15 I I I I ! I 11 241 321 I 1 11 241 161 1 I t 1 24 12 I 1 1 1 !1 241 241 1 1 1 41 41 1 4 4 1 4I 41 I 1 2 41 1 I t I I $9,806 76 I 1 4 4 $544 92 f180 00 43 290 348 S $ISO 00 I $21,416 67 $29,636 67 8 8 { S 81 I I 32 1 I 12,995 68 I I 12,995 68 I $66,931 79 $1,021 00 $1,800 00 127,478 44 $29,636 67 12,995 68 166,931 79 I 4 24 32 I 0 4 24 32 01 4 24 I 32 $7,497 13 '? -asF ALBERT H. HALFF ASSOCIATES, INC. ENGINEERS AND SCIENTISTS ALBERT H. HALFF, CHAIRMAN OF BOARD JOSE I. NOVOA, PRESIDENT RAUL WONG, JR,, SENIOR VICE PRESIDENT DON O. BROCK, VICE PRESIDENT MICHAEL K. KOESLING, VICE PRESIDENT TROY LYNN LOVELL. VICE PRESIDENT WALTER E. SKIPWITH, SECRETARY GEORGE PRALL, JR. JEFFREY H. JACOB DAVID S. MORGAN MARTIN J. MOLLOY City of Denton City Hall 215 East McKinney Street Denton, Texas 76210 Attn: Mr. Jerry Clark, P.E. City Engineer Dear Sir; RECEIVED MAY 2 S i8� May 27, 1987 AVID 8935 DALLAS • FT. WORTH • HOUSTON 8616 NORTHWEST PLAZA DRIVE DALLAS, TEXAS 75225 2141709,0094 We propose to expand the scope of professional services in our current contract No. 87-058 with the City of Denton, to include the entire length of Cooper Creek from Old North Road to Burning Tree Lane. As you requested, Jana Loyd visited the site on May 18, 1987, and then reviewed existing information. We believe the study is warranted and may provide an affordable solution or partial solution to flooding problems of the homes along Cooper Creek, as well as at the Burning Tree Lane crossing. The extent of the improvements and their effectiveness can easily be determined by refining the model that we are currently using, and by revising the model to reflect channel improvements. The accompanying table outlines the additional work and the cost for our services. This work will be billed to the City of Denton at the same rate as in our current contract, up to a maximum of $3,489.00 and would expand Task I of our current Contract. This work includes hydraulic analysis, a schematic design presented in a letter report, and cost estimates. Additional time of twenty-one (21) calendar days would be required to accomplish this work, not counting the time required for the City to provide the survey, topographic, and subdivision information needed for this study, and time for City review and decisions. Please note that we are unable to proceed on the work under our current contract until this is resolved, since we understand that the magnitude and costs of the Cooper Creek improvements will affect the availability of funds for the various alternatives at the Woodrow Lane site. The City can choose whether the channel construction plans should be produced in-house by City staff or by Halff Associates. The cost of this service would not exceed $10,758.61 and would not require additional contract time since it would be concurrent with the 106 calendar days ALBERT H. HALFF ASSOCIATES, INC. ENGINEERS AND SCIENTISTS City of Denton May 27, 1987 Page 2 currently in our contract for Task IV. If this contract modification is agreeable to you, please sign the enclosed copy of this letter in the space provided below and return it to us. Yours very truly, ALBERT H. HALFF ASSOCIATES, INC. R u Wong, J P.E. enior Vice resident ACCEPTED: CITY DENTON BY: DATE: G IDD;FiCATeGJ TO 'CONTRACT: PRC?OSED MH/87 : FOR CHA'fdEL i'-,MVEMENTS ON MnPER CREE'S: CLD FORTH RD. TO'Uq,41ijS TREE _... ADDiTIOIN TO TASK :: IC ij^LYE HYD"n.0"u'f :AND HYDRAUL.' na AND ALTERNATIV 'i 'F — -------- --------- PR J P.E. —___-___ .. - c - .. , " N , H " !' o aJFIOALSanrE 'lilt 7tltu5 M : _____---- n OBTAIN MODEL 0 0 4 n: I CALIBRATE MODEL 0 CI INP'iT a SECT'ONS 0: 01 0 11 - 6I $500,00 , C MP t; RUNG 0 C B a :'li{, lilt ALTO.V'all�. �. LC_ i--S 4[o_R{ 1 !1 i , a : . n[L_L' 0, 0 i 4 t- , MEET 'a'iT'd CITY 4 36a'.OG TOTAL MHiPERSON E^."54.00 SALARY COST —4--- ' $-. y�q. ii:0 - .:_.. i SiJBTuTNL--!!H s:H STV4": ADDiTiOrJ TO TASK :V: ----------- ----------------------- `PLANS AN' "PEC7 CAII NS -,IS --OHAr.fv❑L .I -A., _— — ___ __ ____— ------------ —__ _— _ tiPrt ` 'JH !,� >Ay 1 D Y 'us SUNUPLa 'M r :fH I LE ___ UTAi AN'.: L PLANS is zz RE GVAL 4 ,+hNNEL CLEAR, L.+v tPGt ^ _ _ 4 C rNN"_ GEC iu;, AND DETAILS i , • t,,l^' Ilf•—1 TI LAN 7HEET� _La . SALARY C== , ------- --- : .,... ,... .-. r. SLR I �, �L ,nh..� c