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HomeMy WebLinkAbout2014-149AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SAVANT GROUP, INC. FOR DESIGN AND ENGINEERING SERVICES RELATING TO THE CITY OF DENTON INTELLIGENT TRANSPORTATION SYSTEM (ITS) TRUNK LINES PROJECT; AND PROVIDING AN EFFECTIVE DATE (FILE 5551-AWARDED TO SAVANT GROUP, INC. IN A NOT -TO - EXCEED AMOUNT OF $152,548.52). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional services agreement with Savant Group, Inc., to provide professional design and engineering services for the Denton Intelligent Transportation System (ITS) Trunk Lines Project, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract.. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5551 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. > _ r ; PASSED AND APPROVED this the day of 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:ail APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:N. 0 lmum��� IM twill 191" 110 V X" we] LOA 011M" 1=91 � THIS AGREEMENT is made and entered into as of the --,9,oa - day of --j2-2'6iyL�- -, 20149 by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Savant Group Inc., with its corporate office at 1700 Pacific Ave, Ste 1240, Dallas, Texas 75201 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION I The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachment) "City of Denton ITS Communication Network Design" 14LIATJ I W B10 The Owner shall compensate the Design Professional a total contract amount of $152,548.52 broken down as follows: 2.1.1 For Basic Services the total compensation shall be $152,548.52. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Define ITS communication network guidelines 16% Determine existing conditions and gap analysis 53% Recommend communication network enhancements 17% Develop Implementation Plan 5% Prepare draft and final ITS network design reports 9% Page 1 2.2.1 Compensation for Additional Services is as follows: Principals $ 196.20 per hour Project Manager $ 151.25 per hour Senior Traffic Engineer $ 135.55 per hour Traffic Engineer IV $ 121.30 per hour Traffic Engineer III $ 111.30 per hour Traffic Engineer 11 $ 9 8. 10 per hour Traffic Engineer 1 $ 88.29 per hour Administrative Assistant $ 59.40 per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.0 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.15 times the expenses incurred by the Design Professional, the Design Professional's em- ployees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $2,026.42 without the prior written approval of the Owner. This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1 City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal — "City of Denton ITS Communication Network Design Scope of Services" and "Cost Estimate for Engineering Services City of Denton Master Communication Network Design" This Agreement is signed by the parties hereto effective as of the date first above written. ATTEST: JE1 'V IFER �v ALT , S CITY SECRETARY BY; APP t) ED AS TO LEGAL FORM: ANi f 36k BURGESS, C"ITY, ATTORNEY BY: WITNESS: BY: Teresa Guill BYz_r GEOT GE C. CAMl']3ELL CITY MANAGER Savant GrOUP Inc. BY-._ Susan E� dcifig_. ,FOE President Page 3 CITY OF DENTON GENERAL CONDITIONS TO Fwtaooa�Aillyllltt 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce acomplete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1, 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project which shall comply with all applicable laws, statutes, ordinances, codes and regulations 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval ofgovemmental authorities having jurisdiction over the Project. 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page I of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209.doc Revised 5-30-02 limitation, the competitive scaled bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner, 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below, For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement, 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf ofthe Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on -site visit On the basis of on -site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner, The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no my alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress, 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor, 2.6.10 The Design Professional's certification for payment shall con.4itute a representation to flic Owner, based on the Design Professional's observations at time site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work furs progressed to the point indicated, and that the quality of the Work is in accordance with the Contract Documents Ilie foregoing representatitn1sare subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics Page 2 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209.doc Revised 5-30-02 of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Consimetion Change Ditective's, with sLllip(NliTigdociiiiieoiuttioti rind data if deemed necessary by the Design Professional as provided in Sub mctions 3 1.1 and 3.3.3, for the O�v,nces approval and execution in accordance wilh the Collinad Docunicniq, and may authorize minor changes in the work not involving oil adjustment in the Contract Stall or till ".terlstoll of the Contract Time which are not inconsistent with the intent of the Contract Documents, 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial d&isions, the licstgir Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so tendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares, and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services iii Scetion 3.3 lire required due 10 CINUMNUICLS beyond the Design Professional's control, the Design Professional shall notify the Owner in writing WILI shall not Commence such additional services omit it receives-,willell approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Servicesarenot required, the Design Profiessional shall have no obligation to provide those services. Owner will be responsible for compensating the Design llrof&siorlal liar Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. WATHOM 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 25.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. Page 3 of 8 H:\Mjsc\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209.doe Revised 5-30-02 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction perfon-ned and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2,6 4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction- 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked -up prints, drawings and other data firmished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owners obligations under this Agreement. H:\Misc\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209.doc Revised 5-30-02 4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical charactensties, legal linuLltiolis and utility locations ter the site of the Project, and a written legal description of the site. The surveys and legal information Miall include, as applicable, grades and fines of stievis, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easement,,, encroachments, wring, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall fumish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, inforination, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents- 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. F_V�fl���s U6111.1 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner as provided in Article 4. I 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to detcrinine what €natr reels, equipment, compOlient systems and tykes of construction are to be included in the Contract Documents, to make reasonable adjustments ill the wope of the Project and to indildc ill the Continct Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be incieawd in the amount of an increase in the Contract Sum (,Ymuning aflu execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 6.1 'llic Drawings, Specifications ion.s and other documents prepared by the Design Profimsional for this Projoa are imliuments, of the Design Professional's service and shall bcCollic the property ol, tile Owner urn terinination or completioli of the Agreement Tile Deiign Professional is entitled to retain copies of all such documents. Such documents are intended only lie applicable to this lliqjco, and Ovmer's use ol'such documents ill other projects shall be at Owner's sole risk and expense. In the event the Owner uses any oftlic inIbmiation or maicrials developed purstlani to the Agreement ill another project 01' for odia purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project Page 5 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209,doc Revised 5-30-02 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being pert rimed undvi the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the ihirty (30) day period, Design Professional shall invoice t1le Owner for all work itskiiishicturily performed ptiol- to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination, 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination, 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner, 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services perfon-ned within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be, payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fidc,, bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. "I I I I 1 11 Page 6 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209 doc Revised 5-30-02 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account ofthe cost ofchanges in the work other than those for which the Design Professional is responsible. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold han-nless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions ofthe Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any ofthe parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits ofnot less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution ofthe Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor ofthe Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified wilhout thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior tothe effective date ofthe change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE I I MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws ofthe State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent ofthe Owner 11.3 The term Agreement as used herein includes the executed Agreement the Proposal, these General Conditions and other attachments referenced in Section 3 ofthe Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owners confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project, 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 7 of 8 H:\Misc\Blank Fonyis\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209.doc Revised 5-30-02 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the 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 the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the 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 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in anyway affect the substantive terms or conditions of the Agreement Page 8 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER Revised 052209.doc Revised 5-30-02 ITS Communication Network Design Scope of Services EXHIBIT A City of Denton ITS Communication Network Design Scope of Services SUMMARY Savant Group, Inc, (SGI) looks forward to the opportunity to serve your intelligent transportation system engineering needs and is pleased to provide this scope of services for developing a fiber optic based communication network for the City of Denton (City). We understand the City of Denton desires to install a fiber optic communication network to support all of its current traffic system of which a majority is an Econolite Centracs® System with ASC/3 controllers. This scope of work has been prepared to outline the tasks needed to develop a citywide communications network plan and prepare the Phase I plans, specifications and estimates required to complete the initial deployment of the network. In order to effectively design a communication network that will meet the needs of the City of Denton currently and as well as into the future, we must identify the needs of the communication network and develop a prioritized implementation plan, Having this plan will support the background for funding discussions and convey a planned approach to implementation. The network developed under this contract will comply with the Regional Data and Video Communications System (RDVCS) of the North Texas Regional Comprehensive ITS Architecture and the provisions of the National Transportation Communication for ITS Protocol (NTCIP). The purpose of the scope identified herein is to provide a clear path to upgrading the City's communication network, while providing for uninterrupted service from existing wireless links during the new system's implementation. PROJECT MANAGER ACTIVITIES - GENERAL1 The SGI work plan, shown in Exhibit 1, includes eight tasks with three interim task deliverables (technical memoranda), draft and final communication network plan deliverables, as well as plans, specifications and estimates (PS&E) for the first phase of implementation. The City's review of the interim technical memorandums will help to ensure the project is meeting the City's expectations on a continual basis. SGI project management activities include preparing a monthly progress report.2 Each report will provide a review of the previous month's activities, including accomplishments for each task; a description of problems encountered along with their recommended solutions; and planned work for the upcoming month. The SGI engineers will organize and conduct technical and management meetings throughout the course of the project to facilitate the City's review, input, and guidance of the project. SGI will also prepare minutes with any action items given by the City and distribute copies via email to all attendees. Throughout the following sections are various references to City documents and maps. City's responsibilities: 1. Review of submittals. Task 0.1 — Perform general project management activities 2 Task 0.2 — Prepare and distribute monthly progress reports to City SAVANTOGROUP Page 1 of 10 ITS Communication Network Design Scope of Services 2. Furnish SGI with City of Denton map(s) in DGN format. 3. Furnish SGI with record drawings showing ITS device and communication layout (fiber and wireless) locations. 4. Furnish SGI with plans and specifications of existing and planned Centracs system communications requirements. 5. Furnish SGI with communication routing plans at the TMC as available and applicable. 6. Obtain or assist SGI in obtaining TxDOT ITS related plans as available and applicable. 7. Assist SGI in identifying partner agencies with likeminded goals that may be willing to pool dark fiber or other beneficial resources. Deliverables: 1. Meeting minutes, with action items, distributed 2. Monthly progress reports 3. Schedule updates 4. SGI Monthly invoice 1.0 Task 1: Define ITS Communication Network Guidelines The purpose of the fiber trunk line network will be for the City of Denton Traffic Operations use as the communications backbone for an Intelligent Transportation System (ITS) to connect devices such as: 1. Current and future traffic control signals and their applicable input/output devices and appurtenances. 2. School zone flashing beacons, 3. Expected variable message/information displays. 4. Hardware necessary to connect to the City's wireless access points. 5. Surveillance equipped areas (APPARATUS) typically at traffic signals and including CCTV, and video detection. 6. The Traffic Management Center (TMC) (located at the traffic signal maintenance facility at 801 Texas Street, Denton, TX). 7. City departments' service points. 8. Interconnection with adjacent jurisdictions for purposes of sharing traffic data and video such as FEMA, TxDOT, DCTA, Dallas County, DISD, and adjacent cities, The desired solution is to provide a high speed network telecommunication service for the City. This process will include several steps. First, the purpose and goals of this effort will need to be agreed upon, serving to keep this project focused on agreed upon principals and shared goals among the project team. Next, type and character of the network will be established so that the network layout, conduit routing, the need for closed loops and wireless communications will accommodate the desired network design. All locations that are to be connected will need to be identified. SAVANTOGROUP Page 2 of 10 ITS Communication Network Design Scope of Services SGI engineers will meet with City staff to discuss the overall goals of the communication network,3 the level of system flexibility desired by the City, obtain specific information on any existing communication infrastructure, understand challenges that exist with the current network and develop a planned network backbone with applicable wireless communication. Project requirements, project details and schedule and a priority listing of all communication installations to current and planned traffic signals located within the City will also be discussed. SGI will help to identify how technological alternatives could meet the City's network goals as well as discuss and determine the level of system redundancy needed, bandwidth requirements, expected responsiveness (latency), maintenance capabilities, and bandwidth margin desired in addition to evaluating the existing TMC for existing and future needs, Based on the goals of the City, a list of components will be developed that will be needed for the TMC to interface with the fiber optics system and perform the desired functions.4 SGI engineers will work with City staff to define the preferred overall communication network backbone and connections to signalized intersections5 along with prioritizing6 installation of the network. SGI will coordinate with City Traffic staff, product manufacturer's representatives and, as needed, City IT staff to determine network design characteristics. This information will be used to develop network performance specifications for proposed equipment identified in this task.? TOOT recently designed conduit and pull boxes along US 380 from Bonnie Brae to Elm Street for installation of fiber optic communication for the City, and this work will be one of the initial corridors connected to the TMC at 801 Texas Street. The prioritized implementation plan will take into consideration the corridors and/or intersections which will communicate to a central point(s) via radio communication that will then transmit the signal through fiber conductors to the TMC. SGI will work with City staff to determine the design requirements of each location in which wireless communication is to be installed.8 SGI will provide expertise and experience to the City to assist the City in determining the most appropriate decisions for the City of Denton. Task 1 deliverable, Project Guidelines Report will be a high level, concise report that will serve as a guiding document throughout the project. A component of this report or master plan will be to identify potential partnering agencies with common goals that might be willing to pool dark fiber or other beneficial resources. The final step in Task I will be to develop an overall draft schematic plan (both graphical and text) for the locations of the fiber routes, which will be finalized in Task 39. The schematic plan will outline an implementation plan for the full system to include initial phases that can be accomplished with funds currently available, as well as future phases that can be completed as funding is secured. Throughout this task, SGI will conduct up to three meetings with traffic signal staff, IT staff and other interested City staff under this task. The following goals and objectives will be used as a starting point for these discussions: 1. Materials such as maps and other documents needed from the City to facilitate this work 2. Information and data needed to determine preferred route for network backbone 3. Establish network design philosophy and performance specifications for all network equipment 3 Task 1.1 & 1.2 — Meet with City staff to establish project guidelines and provide meeting summaries (assume up to 2 meetings) 4 Task 1.3 — Prepare list of components to interface with communication network at the TMC 5 Task 1.4 — Define preferred overall communication backbone types (wired vs. wireless) 6 Task 1.5 — Prioritize list of installations 7 Task 1.6 — General network performance specifications 8 Task 1.7 — Determine design requirements for communication for remote devices 9 Task 1.8 — Develop schematic plan of fiber routes SAVANTOGROUP Page 3 of 10 ITS Communication Network Design Scope of Services 4. Prioritize communication installations to signalized intersections 5. Identify inspection protocols 6. Define testing, maintenance and training requirements of the network after installation. 7. Coordination with City Traffic Operations staff and as necessary, with City IT staff to establish design criteria. Deliverables: 1. Meeting minutes, with action items, distributed. 2. Project Guidelines Report 10 City's responsibilities: 1. Review of submittals11 2. Provide documentation identified above as available and applicable 2.0 Task 2: Existing Conditions and Gap Analysis SGI engineers will document and analyze the existing condition of the communications network12, focusing on the following eight functional areas: Operations and Maintenance (0&M) For an insight into operations and maintenance, we will meet with City staff to identify existing operational strategies, maintenance issues, and future 0&M needs. 13. 2. TMC Fiber Interface SGI will graphically document the existing TMC equipment and design requirements for fiber connection to the TMC so as to provide the interfacing components necessary for the fully functional fiber optics system. 14 3. Communications SGI will work with the City staff to update or develop a map showing conduit availability.15 The goals of the communications infrastructure analysis will be to: a. Maximize the efficiency of the existing infrastructure through an intelligent matching of practical communications electronics and fiber allocation. b. Identify the City's current communication assets that can be seamlessly integrated into the proposed system. c. Provide communication alternatives, such as leased services or wireless options. d. Develop performance specifications for network communication equipment. e. Prioritize implementation plan for construction of the full network along with estimated construction costs for each phase. 10 Task 1.9 — Prepare and submit Project Guideline Report 11 Task 1.10 — Address Project Guideline Report comments 12 Task 2.1 — Perform site visit to inventory existing communication and field device locations 13 Task 2.2 — Meeting with city to identify operational strategies, maintenance issues, future needs 14 Task 2.3 — TMC equipment summary of existing conditions (assume 1 visit) 15 Task 2.4 — Prepare schematic of existing communication assets on City maps SAVANT GROUP Page 4of10 ITS Communication Network Design Scope of Services f. Provide an estimate of personnel, maintenance and training requirements for the network that is to be developed under this contract. 4. Field Devices SGI will show ITS field device locations on City of Denton maps16, using information obtained from the City showing the location of the ITS field devices and those located during the field review. We will develop a database17 to document the field device locations, communications cabling, equipment type, and year installed based on information available from the City. 5. Traffic Signals SGI will update City maps in AutoCAD format identifying controller type at each intersection. 16 We understand that the City has as many as 75 signalized intersections communicating to the TMC via MDS wireless communication with two Omni antennas located at the signal shop with two master radios communicating on two hop patterns to those intersections. It is our understanding that this current communication network is obsolete and is not to be considered as a part of the proposed designed communication system. 6. Planned Roadway Improvement Projects SGI will gather and compile information about all current planned roadway projects by the City, Denton County or TxDOT in the City ETJ and within the city limits.19 7. City of Denton Departments and Partner Agencies a. SGI will assist the City in exploring whether other partner agencies (Agency) exist that have compatible needs and goals and are willing to work cooperatively to pool resources to share the expense of fiber optic cable.20 SGI will work jointly with the City to identify potential partner agencies that would bring value to the transportation department in implementing or maintaining this fiber network. The benefit to this effort could be through making ROW or easements available or through identifying possible empty conduits, dark fibers, or shared bandwidth. SGI will then assist the City in contacting up to twelve (12) of these agencies with discussions aimed at determining their willingness to share conduits and/or fiber along with the maintenance of those assets.21 SGI will work with the City to identify agreements necessary for asset coordination22 that may involve the following potential inter- and intra- jurisdictional partners with whom the City may approve cooperative agreements and that may wish to operate and/or provide services or receive services over the network: United States Army Corp of Engineers (USACE), Federal Emergency Management Agency (FEMA) and any other applicable Federal agency within the local area of service; Texas Department of Transportation (TxDOT), the Texas Department of Public Safety (TxDPS) and any other applicable State of Texas agency or university within the local area of service; North Central Texas Council of Governments (NCTCOG); Denton County; Denton County Transportation Authority (DCTA), Dallas Area Rapid Transit (DART), Ft. Worth 16 Task 2.5 — Prepare schematic of existing ITS field devices on City maps 17 Task 2.6 — Develop database of field devices 18 Task 2.7 — Prepare schematic of existing traffic signal controller cabinets on City maps 19 Task 2.8 — Compile existing & planned roadway project information 20 Task 2.9 — Coordinate with City to identify potential partnering Agencies 21 Task 2.10 — Coordinate with up to twelve identified partnering Agencies 22 Task 2.11— Identify necessary agreements needed with partner Agencies SAVANT 93 G Fg u i, Page 5 of 10 ITS Communication Network Design Scope of Services Transportation Authority (the "T"), and all other rail services including applicable private rail -roads; Denton Independent School District (DISD); existing and potential adjoining cities (including but not limited to: Little Elm, Sanger, Bolivar, Krum, Ponder, Ft Worth, Dish, Northlake, Justin, Corral City, Argyle, Bartonville, Double Oak, Copper Canyon, Highland Village, Hickory Creek, Corinth, Shady Shores, Cross Roads, Aubrey, and Pilot Point); City of Denton (including, but not limited to: fire, police, emergency management and libraries); local hospitals; local radio stations; local television stations; local private ambulance services and other private emergency providers; as well as various utility providers such as Denton Municipal Electric (DME), ONCOR Electric Delivery, Verizon, Charter Communications as well as applicable Cable and Wire Installers of Television Voice and/or Data Systems; Internet and WEB based informational and data systems. c, Identify the requirements necessary to properly make the connection(s) to the Agency's facility(ies)23, such as: Type of communication facility (copper cable, copper twisted pair, fiber optic, radio) the Agency uses. ii. Type of equipment/appurtenances to be used for the connection iii. The minimum and/or maximum communication/transfer rates iv. Possible structure modifications necessary to make the connection (this involves discussions on minimum potential facility modifications and does not involve the actual design or layout of such modifications which would lie outside the scope of this engagement). For the purposes of this proposal, a maximum of twelve agencies are assumed. Additional agencies may be added beyond this number; however, additional costs at the agreed upon hourly rates included on the schedule attached to this agreement will have to be agreed upon to add this effort to the project deliverables. d. SGI will assist the City in identifying locations for future points of connection (nodes) to localized areas and existing or currently planned devices (up to a maximum of 20 future points or devices)24. e. SGI will identify and locate existing and currently planned fiber optic facilities of the City, based on input from the City and will also identify the location and means to connect these facilities to the fiber backbone created by this project (up to a maximum of 20)25. These facilities may include various City departmental assets, including those of the Police Department, Fire Department, Emergency Operation Center (EOC), and Libraries. 8. Gap Analysis Schematic drawings will be developed showing beginning and end points of existing conduit in the system26. The drawing will include the following: a. Conduit installment type and location: direct -buried, boring or aerial (including attachment to a bridge and/or drainage structure) along each segment. 23 Task 2.12 — Identify requirements for connection to other Agency facilities 24 Task 2.13.- Identifying future points of connection 25 Task 2.14 — Identify planned FO facilities and connections 26 Task 2.15 — Develop schematic of existing available conduit SAVANTOGROUP Page 6 of 10 ITS Communication Network Design Scope of Services b. Structures the fiber optic system and/or future wireless facilities are to be connected to (including: bridges, buildings, water towers, communication towers, utility poles and the like). This part of the analysis will include a discussion of potential support systems along with maintenance considerations for each type of structure so identified. After SGI engineers have gathered all the existing information, SGI will conduct a gap analysis to identify geographic/coverage gaps in the City's fiber optic communication network. 27 For instance, the analysis will identify areas where communication is non-existent and where interference issues may be present. The gap analysis will identify potential ITS enhancements that will be considered while developing the recommended communication enhancements in Task 3. Technical Memorandum 128 will consist of documentation of the City's 0&M needs (in outline format or at a conceptual or basic level), graphical documentation of existing TMC equipment, a map or equivalent graphic showing fiber availability, updated City maps showing ITS field device location(s) and signal controller type. A schematic design will be included, as an overlay to the City map, with communication modes identified by color and/or line style. This schematic will be suitable as a presentation aid for City Council and other public meetings. Technical Memorandum 1 will also contain the results of the gap analysis. Deliverables: Technical Memorandum 1 City's responsibilities: Review of submittals29 3.0 Task 3: Recommend Communication Network Enhancements30 This will be an iterative process using the products of Tasks 1 and 2 to guide the outcome of Task 3, SGI engineers will: 1. Recommend future fiber optic cable network capacity expansion and alternate communications technologies.31 2. Establish communication protocol requirements of existing traffic signal, ITS device and other applicable equipment and recommend a solution that provides compatibility and flexibility for future upgrades.32 3. Develop a working schematic design of the ultimate communication network that may include but not necessarily be limited to redundant fiber backbone, connection to the TMC, connection to the City's IT system, connections to current or future planned fiber optic systems of other inter- and intra-jurisdictional partners as previously identified, and links to each signalized intersection.33 4. Recommend a priority listing of communication corridors based on City needs.34 5. Meet with City project team members to come to consensus on the ultimate communication design and priority listing.35 27 Task 2.16 — Perform a gap analysis of ITS communication network 2e Task 2.17 — Prepare and submit Tech Memo 1 29 Task 2.17 —Address Tech Memo 1 comments 30 Task 3.0 — Perform Task 3 project management activities 31 Task 3.1 — Compare new technologies against goals & objectives 32 Task 3.2 — Identify possible ITS device upgrades locations 33 Task 33 — Develop schematic of ultimate communication network 34 Task 3.4 — Prepare ITS communication upgrade priority lists 35 Task 3.5 — Meet with City to gain consensus and updated schematic and priority listing SAVANT �7 GROUP Page 7 of 10 ITS Communication Network Design Scope of Services 6. Provide the City with a pros and cons assessment and recommendations of various applicable state-of-the-art communication systems that could be implemented with this contact. 36There are several categories of new technologies which will be considered in this task: • Field devices (such as data collection devices, message signs/trailblazers) • TMC equipment (such as operator workstations, video recorders and displays)37 New technologies must be evaluated in relationship to the goals and objectives of the City's communication network. Aspects to be considered include but are not necessarily limited to: a. How well does this technology address a goal or objective? b. What are the implications of implementing this technology (e.g., communications needs)? c. What is the expected lifespan of the equipment? d. What are the capital and recurring costs? 7. Develop preliminary construction costs for the Task 3 as described herein above and/or wireless system connections as well as how they will interface with the TMC, as well as each phase in the priority listing36. 8. Identify the construction and engineering costs for the recommended communication network enhancements 39 Technical Memorandum 2 will contain the following:40 1. Schematic of existing communication network currently in place within the City 2. Recommendation of proposed communication network in relationship to the goals and objectives. The schematic design will show the following: a. Fiber backbone with redundant paths as necessary and applicable, b. Connection to City's TMC as well as the assets of any other agreed upon governmental agencies (up to 12 agencies for this task) identified in conjunction with Task 2. c. Connection to City IT department by providing view -only port link(s) to ensure there is at least one unused port on the fiber panel and/or Ethernet switch for City IT use, d. Communication connections to existing and planned signal and/or ITS equipment (fiber or wireless). e. Schematic design will be prepared over an existing map of the City showing all connection point locations, communication modes, fiber backbone and the location of the TMC. Deliverables: Technical Memorandum 2 City's responsibilities: Review of submittals41 36 Task 3.7 — Perform assessment and recommendations of current communication and ITS device technologies 37 Task 3,8 — Determine update to TMC equipment & comm. interface 38 Task 3,6 — Develop preliminary construction costs for prioritized list 39 Task 3.9 — Develop engineers probable construction cost estimate for communication network upgrade 40 Task 3.10 — Prepare and submit Tech Memo 2 41 Task 3.11 — Address Tech Memo 2 comments and revise schematic map SAVANT 0,J GROUP Page 8of10 ITS Communication Network Design Scope of Services 4.0 Task 4: Implementation Plan42 After the City concurs with the recommended communication network enhancements developed in Task 3, SGI engineers will organize the enhancements into prioritized projects as well as prepare an implementation plan for the full network that represents a phased43, robust deployment of the communication network. The implementation plan will specifically identify a Phase I portion of the full network that can be designed and constructed with the available budget the City currently has in place. Projects will be identified as being either standalone ITS projects or part of other planned projects in the City, such as roadway or signal projects. Standalone projects will be further divided into short-term, mid- term, and long-term projects. For all standalone projects, the SGI team will develop the following information: 1. Project description, 2. Goals/objectives, 3. Location map, 4. Anticipated benefits, 5. Relationship to other projects, and 6. Estimated implementation costs (engineering, construction, operations, and maintenance). Technical Memorandum 3 will contain the prioritized project listing and recommend appropriate levels of construction management and inspection services needed. Deliverables: Technical Memorandum 3 44 City's responsibilities: Review of submittals45 5.0 Task 5: Draft ITS Communications Network Plan46 In Task 5, SGI engineers will incorporate all comments received on Technical Memoranda completed as previous tasks and then compile the memoranda into a Draft ITS Communication Network Plan.47 The draft will be submitted for final review and comments, and a review meeting will be held.48 Deliverables: Draft Master ITS Communications Network Plan City's responsibilities: Review of submittals49 6.0 Task 6: Final ITS Communications Network Plan5o 42 Task 4.0 — Perform Task 4 project management activities 43 Task 4.1 — Develop Implementation plan based of City's available funds 44 Task 4.2 — Develop and submit Tech Memo 3 45 Task 4.3 — Address Tech Memo 3 comments and revise schematic map 48 Task 5.0 — Perform Task 5 project management activities 47 Task 5.1 — Prepare and submit Draft Master ITS Communications Network Design 48 Task 5.2 — Attend meeting with City to review draft (1 meeting) 49 Task 5.3 — Address Draft Master ITS Communications Network Plan comments 50 Task 6.0 — Perform Task 6 project management activities SAVANT SOUP Page 9 of 10 ITS Communication Network Design Scope of Services In Task 6, SGI engineers will incorporate the comments received at the review meeting held under task 5 and produce the Master ITS Communication Network Plan. Deliverables: Final Master ITS Communications Network Plan515253 1.2 PROJECT CLOSE-OUT SGI will transfer all final documents, reports, presentations and any other applicable materials to the City, in PDF's or other acceptable formats. In addition, SGI will handle all invoicing and contract close-out processes in accordance with City of Denton requirements. 51 Task 6.1— Prepare and submit Final Master ITS Communications Network Design 52 Task 6,2 — Present final document to City (1 meeting) 53 Task 6.3 — Incorporate final comments in Final Master ITS Communications Network Design SAVANT P Page 10 of 10 UP Cost Estimate for Engineering Services City of Denton Master Communication Network Design January 3, 2014 Task 0: General Project Management $ 4,382.20 Task 1: Define ITS Communication Network Guidelines $ 23,505.22 Task 2: Existing Conditions and Gap Analysis $ 78,637.25 Task 3: Recommend Communication Network Enhancements $ 24,688.08 Task 4: Implementation Plan $ 7,053.90 Task 5: Draft Master ITS Communications Network Design $ 7,859.83 Task 6: Final Master ITS Communications Network Design $ 4,395.62 . $ e Subtotal $ 150,522.10 Production & Delivery $ 600.00 Direct Expenses $ 1,162.10 15% Mark up $ 264.32 Task 1 Total $ 152,548.52 Assumptions, 1 Estimate does not include fees for Task 7 and 8. Upon completion of Task 6, refined scope for the two tasks will be identified and a corresponding fee amount will be negotiated based on the enclosed schedule of hourly rates. 2 System integration is not included in scope of services 3 Assumed 4 days of field inventory (at $0.565/mile) to collect existing infrastructure from field and TMC. 4 Survey would not be needed for Tasks 1 through 6. City shall furnish maps, project as-builts and TMS plans. City shall assist SGI in obtaining TxDOT ITS related plans as available and applicable.