HomeMy WebLinkAbout2014-201AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH C.T. BRANNON CORPORATION FOR AQUATIC
ENGINEERING AND DESIGN SERVICES RELATING TO THE RENOVATION OF THE CITY
OF DENTON CIVIC CENTER POOL; AND PROVIDING AN EFFECTIVE DATE (FILE 5489-
AWARDED TO C.T. BRANNON CORPORATION IN THE NOT -TO -EXCEED AMOUNT OF
$145,000).
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 service
contract with C.T. Brannon Corporation, to provide professional engineering design services for the
renovation of the Civic Center Pool, 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 5489 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.
PASSED AND APPROVED this the day of _,2014.
z
C1:.. 1S I"I'S MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY A
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ..'
�JJJS AGREEMENT is made and entered into as of the day of
2014, by and between the City of Denton, Texas, a Texas municipal
tTemr'76241,
tio with its principal office at 215 East McKinney Street, Denton, Denton County,
hereinafter called "Owner" and C.T. Brannon Corporation, with its corporate
office at 1321 South Broadway, P.O. 7487, Tyler, TX 75711, 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:
The Owner hereby contracts with the Design Professional, a licensed Texas 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.
This Project is for the employment of a Specialized Aquatic Engineering firm and Design Team
to develop the design and plans for the renovation of the City of Denton's Civic Center Pool. The
Firm will be responsible for all Construction documents needed. The construction is planned to
start in September 2015 after the Civic Center Pool is closed for the summer season with a
completion date Memorial Day 2016.
Page 1 6/20/14
1
1 1
The Owner shall compensate the Design Professional as follows:
mwn��7.9II: 141'Ify
2.1.1 For Basic Services the total compensation shall be $138,000.
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:
Conceptual Phase
10%
$
13,800
August 15, 2014
Schematic Design Phase
15%
$
20,700
September 5, 2014
Design and Development Phase
25%
$
34,500
September 26, 2014
Bidding Phase/Tender Offer Phase
30%
$
41,400
October 24, 2014
Construction Phase/Completion
20%
$
27,600
May 1, 2015
100%
$138,000
k 11 N N 1110r.111
2.2.1 Compensation for Additional Services is as follows:
Principals
Associates
Technical Staff
Clerical Staff
$ N/A per hour
N/A per hour
N/A per hour
N/A per hour
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1 times the expenses
incurred by the Design Professional, the Design Professional's employees and consultants in the interest of
the Project as defined in the General Conditions but not to exceed a total of $7,000.00 without the prior
written approval of the Owner.
Page 2 6/20/14 "t
I DION I 1 .14 WIM4 IkA DI
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:
City of Denton General Conditions to Agreement for Engineering Services.
2. The Design Professional's Proposal
3. Attachment A thru Attachment B
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JENN 11`,Eli WALTERS, CITY SECRETARY
BY: /)/Vl � J ,
APPIOOVf�.D TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
M
1E
W
WITNE,,
BY:
CITY OF DENTON
. .. ...... .
BY:
iR E C. CAMP13 'LL
CITY MANAGER
(Signature)
Page 3 6/20/14
CITY OF DENTON
GENERAL CONDITIONS TO
AGREEMENT FOR ENGINEERING SERVICES
1.1 The 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 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 satire 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 Set -vices 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.
ARTICLE 2 SCOPE OF BASIC SERVICES
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 nonnal structural, civil, mechanical and electrical engineering set -vices and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.21 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.
2.23 The Design Professional shall review with the Owner altemative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed -upon prop -am, 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 DESIGN DEVE LOPMENT PHASE
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 CONSTRUCTION DOCUME NTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting 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.
14.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREME NT
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
limitation, the competitive sealed 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.
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I
2.&1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement coniniences 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 professionals the administration
shalt 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.
2.63 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 fi-om
time to time during the correction, or warranty period described in the Conti -act 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.
2.63 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 Conti -act 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 way 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 fiorn. 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 specialty 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 constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that die
quality of the Work is in accordance with the Contract Documents, The foregoing representations are 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.
16.12 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) deten-nining 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 put -pose 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
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.
Qr Time which are not inconsistent with the intent
of the Contract Documents.
Page 5 6/20/14 �p
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 conceming performance of the Owner and Contractor under the requirements
of the Conti -act 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 decisions, the Design 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.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. Time 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 in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional set -vices until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
L 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 set -vices 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 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and famishing set -vices 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.
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 set -vices 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 pail 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 Set -vices, The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
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3.4 OPTIONAL ADDITIONAL SERVICES
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 Ownet's own forces and coordination of services required in connection with
construction performed 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 flee 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 famished 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 emission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services Linder the Agreement with no additional compensation above and beyond die 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 Owners 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 Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's 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 set -vices.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights -of -way, restrictions, casements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the infan-nation 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 furnish 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 pail of its Basic Services or Additional Set -vices.
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4.7 When not a part of the Additional Services, die Owner shall furnish 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 famish all legal, accounting and insurance counseling set -vices 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, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence 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.
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 Contractors 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.
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 die 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 determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
tutget or HAC4 11111L 41 L-01IRFLIC114111 1010st. blictil 1111
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of the Construction Documents to the Owner and the date on which proposals are sought.
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shalt
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
docurnents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
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.
ilgill
0 set -vices on the Project, Design Professional shall cooperate in provi ing 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 set -vices.
Page 8 6/20/14 14
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 satisfactorilyperfinnned prior to
termination.
ARTICLE 8 PAYMENTS TOT DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
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 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed 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 fide 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.
8.4 PAY ME NTS ON ACCOUNT OF ADDITIONAL SERVICES
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 set -vices rendered or expenses incurred.
8.5 PAY ME NTS WITHRE LD No deductions shalt be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
fi,orn payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and set -vices performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the 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 patty to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
Page 9 6/20/14 4
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.
10.5 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 of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the 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 patty to this Agreement and to
the partners, successors, assigns and legal representatives of such other patty with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. Vvqien 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 Owner's
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.
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 10 6/20/14 �k
ATTACHMENT A
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
Name of person who has a business reiationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer othe questionnaire?
--- Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes El No
D. Describe each affiliation or business relationship.
w.w
z
n
Sian of person doing business wick e governmental entity Da e
Adopted 06/29/2007
Page 11 6/20/14
ATTACHMENT B
GENERAL SCOPE OF SERVICES':
During the course of the project the Engineer shall act as the City of Denton's design team
representative, issuing all instructions of the City of Denton to the contractors which are not at
variance with acceptable Engineering standards.
Communicate to the City of Denton the contractor's issues during construction requiring City of
Denton's attention or decisions.
Review the work from time to time and report to the City of Denton any observed defects
requiring action by the City of Denton or contractor before satisfactory completion of the project.
The Engineer does not have the authority under this agreement to suspend work or alter, in any
substantial way, the agreement between the City of Denton and contractor. The Engineer shall
refer such issues as may arise to the City of Denton for consideration and action.
The Engineer does not have responsibility for jobsite safety for the contractor or city. The
contractor alone shall be required to secure the site and provide safe working conditions at the
site for his employees, agents, subcontractors, vendors, installers or other persons visiting the
site. The Engineer does not have responsibility nor any duty or obligation to observe, detect or
report observed violations of generally accepted safety protocol but may choose to do so.
The Engineer shall not, without instruction in writing from the City of Denton and compensation
for his services, be obligated to perform any of the work specifically excluded from his scope
shown in this agreement.
SPECIFIC SCOPE OF SERVICES:
Engineer proposes to perform the following design services:
Geometric configuration:
a. Demolition plans for old structures
b. Design altered shapes, depths, dimensions, of pool(s).
c. Locations for play features: slides and fountains.
d. Vaults, pits, mechanical spaces.
e. Decks, walks, within the pool fence.
f. Pool overflow gutter perimeter system and coping.
g. Handicapped accessibility facilities.
2. Pool mechanical systems:
a. Sizes and locations of all pipes, fittings and valves for pool
b. Pump and filter circulation systems for all pools.
c. Sizing and specifying all pumps and filters.
d. Backwash or drain systems design as required.
e. Chemical feed systems. Chemical monitoring/control systems.
f. Pool heating where required.
g. Slide and water feature pumps and piping
h. Make-up water supply and drain systems.
i. Deck drainage.
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SPECIFIC SCOPE OF SERVICES (Continued):
3. Pool electrical systems:
a.
Electrical distribution design from the public utility service point.
b.
Distribution to mechanical and lighting systems.
c.
Electrical distribution for cleaning apparatus.
d.
Electrical distribution for portable food carts.
4. Design underwater lighting.
a.
Select underwater lighting components if any.
b.
Prepare circuit designs for underwater lighting.
5. Site overhead lighting design.
a.
Review existing overhead light design and conduct light meter testing at night.
b.
Select alternative overhead lighting luminaires and poles.
c.
Prepare circuit designs for overhead lighting.
6. Pool structures:
a.
Design of structural modifications for pool structures and features.
b.
Design of pits, surge tanks, and other concrete related to the pool structures
including pool trim and finishes.
7. Aquatic
features:
a.
Design and/or assist City of Denton in theming, selecting, pricing, and
ordering manufactured water features.
b.
Design the foundations and support for water features.
c.
Design the mechanical piping systems for water features including the pipe and
valve manifolds and interactive play controllers.
d.
Design all slide pumps and slide recirculation.
8. Bath house, admissions and concessions
a.
Review bath house, admissions and concessions for compliance with applicable
Texas Accessibility Standards and the ADA.
b.
Design renovations to the buildings including but not limited to improvements in
roofing, ventilation, lighting, wall and floor finishes, and handicapped accessibility.
c.
Design any building structural modifications or floor plan changes and changes in use.
The work will take place in several milestones or phases: For our basic services fee proposed below,
Engineer proposes to do the work in phases as follows:
CONCEPT DEVELOPMENT PHASE
In concept development, Engineer will:
• Meet in City of Denton office in Denton or the site for a design meeting to share
ideas, develop a sense of the project and discuss the City of Denton's overall design intent.
• Make measurements of the building and site as Engineer may require for design.
• Prepare scaled drawings of the site plan as the project begins to take form and submit
them to City of Denton. These drawings are for purposes of defining the scope of
the project for the design team and the City of Denton.
• Research and evaluate optional designs and equipment for value and appropriateness
for the project.
• Check preliminary water and sewer loads, preliminary electrical loads and anticipated
operating costs for utilities.
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SCHEMATIC DESIGN PHASE
Following development of an approved CONCEPT Engineer shall begin the Schematic Design. During
the Schematic Design (SD) Phase Engineer will firm up the work to be performed by the construction
contractor under the designs by the Engineer. In this phase the scope of the project is defined for all later
phases:
• Identify the engineering issues with the project and prepare a list of code compliance issues
to be overcome in the project.
• Identify areas of improvement in appearance, function, management operations, and
maintenance and bring to City of Denton's attention.
• Prepare initial sketches for the work and present available options for City of Denton
consideration.
• Collaborate with City of Denton to develop the draft plan showing water features including
swimming pools, slides, fountains, water play features, decks, and entry ways for the
project.
• Meet with City of Denton to discuss the draft schematic plan.
• Coordinate with City of Denton concerning the need for mechanical spaces, sizes of
spaces, utilities to mechanical rooms, noise, moisture control, access control and other
issues.
• Prepare a draft construction budget giving the Engineer's opinion of the probable
construction cost based on the preliminary and schematic scope of work.
DESIGN DEVELOPMENT PHASE
Following approval of the Schematic Design documents, Engineer will prepare Design Development
documents in which Engineer "flesh out" the details. In this phase, most of the products are selected,
colors and themes are approved, shapes are set, and materials and finishes are settled upon. Engineer
will:
• Calculate electrical loading requirements for pool and building.
• Integrate, wherever possible, energy conservation, waste recycling and water recovery of
water into our design.
• Prepare more fully evolved concepts and prepare schematic diagrams, plans and typical
sections of the water features including finishes and review with City of Denton.
• Consider alternate methods of construction, mechanical systems or water treatment and
discuss with City of Denton.
• Establish the final elevations, profiles, sections and other water feature structure geometry.
• Provide designs for handicapped accessibility in the design of walks, decks, and water
features.
• Provide mechanical and structural engineering designs for the pool system needed
including full specifications of equipment. Prepare DD phase drawings for milestone
completion and review with City of Denton. This is the final step before Engineer can
complete the construction/permitting drawings.
• Design Development Drawings, while representing most of the final decisions as to the
appearance and functionality of the project, and full of significant and important information,
are not, in and of themselves, complete enough from which to construct the project. More
detailed design is necessary under the next phase.
Page 14 6/20/14
CONSTRUCTION DOCUMENTS PHASE
Following approval of the Design Development documents and authorization to proceed, Engineer will
begin the preparation of construction documents which are necessary for the bidding and contracting of
the work by qualified construction contractors experienced in projects of this type. During the Construction
Documents Phase Engineer will:
• Prepare detailed construction drawings for the actual construction, modification or
installation of water feature shells, finishes, underwater lighting, circulation equipment and
water treatment systems, water conservation and recovery equipment, electronic controls
and chemical feeders, deck markings, hand rails, steps, ramps, heaters/chillers and
backwash systems and all the other systems listed on the first page of this proposal.
• Prepare detailed specifications and submittals for the purchase, fabrication, or construction
of water feature systems and support systems described above.
• Coordinate Engineer's drawings with the details provided by other design professionals.
• Provide digital copies of construction documents to a shared website for access by the
various contractors and vendors.
• Assist the city staff in preparing general form of agreement, forms of bonding, insurance
and certifications; general conditions; special conditions and instructions, and technical
specifications.
• Engineer will submit plans on City of Denton's behalf to a registered accessibility specialist
of the city's selection and register the project with the Texas Department of Licensing and
Regulation. Fees are to be paid by the City of Denton for the review and inspection.
• Engineer will prepare an opinion of probable construction cost.
CONSTRUCTION PHASE
During the construction phase Engineer will:
• Engineer will assist the contractor in obtaining a building permit for the work by providing
technical information and making minor changes which may be required by the city building
officials.
• Conduct a pre -bid meeting on site to familiarize bidders with the project in anticipation of
their preparation of competitive proposals to perform the work.
• Review and evaluate on the city's behalf the competitive proposals from the construction
contractors and recommend a course of action related to the proposals.
• Conduct a preconstruction meeting with the contractor and interested parties prior to the
start of construction.
• Assist the contractor for the construction of the work by interpreting the construction
documents, rendering decisions and interpretations in a timely manner.
• Make site visits to review the progress of the work when substantive construction is taking
place. The purpose of the site visit will be to determine if the contractors are in substantial
compliance with the intent of the construction documents and to bring to City of Denton's
attention any issues or unacceptable work. Site visits will be on the following schedule but
not less often than twice per month:
- At completion of demolition before rehab work begins
- At completion of reinforcing steel placement before concrete is installed.
- At completion of rough in plumbing (long piping) before burial
- At completion of short piping (mechanical room piping)
- At commissioning of the work, start up and testing of systems.
• Review and comment on the vendor and contractors' submittals.
Page 15 6/20114 �p
CONSTRUCTION PHASE (Continued)
• Review and comment on the contractor's Requests for Substitution. Evaluate products for
equality to those specified and render an opinion.
• Review and comment on the contractor's request for supplemental information. Provide
sketches or other information to clarify the design intent to the contractor when necessary.
• Review and comment on the contractor's progress payment applications each month.
• Process any change orders and recommend disposition of these change orders to the City
of Denton.
• Conduct a `punch list' review of the project listing any work remaining to be completed and
any work not found in compliance with the intent of the construction documents.
• Conduct a final review of the project to determine that the punch list items have been
resolved.
• Conduct a commissioning visit to test all working components for compliance with the intent
of the construction documents and prepare a commissioning report to the City of Denton.
• Review the contractor's close out documents and manuals which he is required to
assemble.
EXCLUSIONS AND CLARIFICATIONS
1) Engineer has excluded from his scope any design outside the pool enclosure fence. All
parking lots, traffic flows, sidewalks, planters, lighting, signage, storm drainage and
water/sewer utilities outside the fence are excluded from our fee.
2) Engineer is not a contractor. No construction or installation is included in any way.
3) Engineer will design the backwash/blow down system for each filter to a discharge point at
the mechanical equipment location for each water feature. Engineer will provide for an air -
gap and an equalization tank if one is necessary.
4) Engineer has not included any surveying services. This would include as -built surveys or
staking for construction.
5) Engineer has not included any taxes, duties, levies, or any other fees charged by local
government for any reviews, permits or other purposes. Quoted fees are net of any of these
taxes if they are imposed.
6) Engineer has not included in our fees the services of a resident project representative to be
present at the project. Engineer's presence on the site will be limited to intermittent on -site
visits by the Engineer or his authorized representatives during construction.
7) Engineer has not included any geotechnical services or construction quality control testing
in his fees.
8) Engineer has not included the design of any landscaping planting beds, irrigation systems
or landscape lighting (other than providing power for a landscape lighting system).
9) Engineer has not included the cost of a professional estimator or fees to compensate a
contractor for preparation of a cost estimate. Engineer will render an opinion of probable
cost but does not warrant such opinion as being representative of the final cost of the
project or any portion thereof.
Page 16 6/20/14
PROFESSIONAL FEES
Engineer propose a fixed fee for the above phases of Engineering from CONCEPT through
CONSTRUCTION ADMINISTRATION SERVICES including all travel to and from the site and City
of Denton offices, services of any sub -consultants Engineer may hire, communications costs,
insurance, personnel time and overhead, to be ONE HUNDRED THIRTY EIGHT THOUSAND
AND NO/100 DOLLARS ( $138,000).
The invoicing of these fees will be by progress billings mailed to the City of Denton billed at the
completion of each phase as scheduled below after submission of and acceptance by the city of
deliverables for each phase. Except, the construction phase shall be billed monthly during
construction equal to the percentage of completion reported by the contractor on his own progress
payment applications.
CONCEPTUAL PHASE
10%
$ 13,800
August 15, 2014
SCHEMATIC
15%
$ 20,700
September 5, 2014
DESIGN DEV. DRAWINGS
25%
$ 34,500
September 26, 2014
CONSTRUCTION DOCUMENTS
30%
$ 41,400
October 24, 2014
BIDDING/TENDER OFFER STAGE
CONSTRUCTION PHASE/COMPLETION
20%
$ 27,600
May 1, 2015
TOTAL BASIC SERVICES FEE 100% $ 138,000
The foregoing schedule contemplates prompt review and decision making by the city. Any delays
in review or action on behalf of the city could adversely affect this schedule.
ADDITI.ONAL SERVICES
Engineer has listed several exclusions above. Some of these services can be provided if City of
Denton so chooses. Additional work scope will either be negotiated as a lump sum fee or billed
according to Engineer's normal hourly rates plus reimbursable travel expenses. For additional
services contracted out by Engineer, Engineer will invoice City of Denton at actual cost plus ten (10)
percent. "Actual cost" means the total invoice Engineer receives for the contracted services.
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