HomeMy WebLinkAbout2006-082FILE REFERENCE FORM 2006-082
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Amendment No. 2 to Agreement [original is attached]
08/27/07
) R
ORDINANCE NO. 2006- �BZ
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS,
INC. FOR THE DESIGN OF THE WESTERN BOULEVARD PROJECT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
engineering firm of Teague Nall and Perkins (TN&P), of Denton, Texas, to provide
professional engineering services related to the design of the Western Boulevard Project; and
WHEREAS, City staff has reported to the City Council that there is a substantial need
for the above -referenced professional engineering services, and that limited City staff cannot
adequately perform the specialized services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and
reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the Interim City Manager is hereby authorized by the City Council
to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement')
with Teague Nall and Perkins, Denton, Texas, for professional engineering services related to
the Western Boulevard project, for a professional fee of not to exceed $381,825; in
substantially the form of the "Professional Services Agreement for Architect or Engineer" that
is attached hereto and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis oft he
demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated
ability of TN&P to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval. �t
PASSED AND APPROVED this the 2— day of 2006.
1
e 1A4 C_k'
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: IMSQQ==�
S:\Our Documents\Ordinanccs\06\TN&P Western Boulevard Project -Engrg Svcs -Ord 2006.doc
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the ��day of
2005, by and between the City of Denton, Texas, a Texas municipal
c oration, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 235 W. Hickory, Suite 100, Denton , Texas 76201 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 1
EMPLOYMENT OF DESIGN PROFESSIONAL
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,
Professional Engineering and Surveying Services for Design of
Western Blvd. from FM 1515 to US Hwy. 380
(includes Attachments A, B, and C)
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 320,200
2.1.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.2 SPECIAL SERVICES
2.2.1 For Special Services the total compensation shall be $ 60,300
2.2.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services see Attachment C, Which includes the
fee/rate schedule
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a
multiple of 1.10 times the amounts billed to the Design Professional for such
additional services.
2.4 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.10 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 $1,325 without the prior written approval of the Owner.
SECTION 3
ENTIRE AGREEMENT
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:
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City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2, Attachments A through C .
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
HOWARD MARNN
ACTING CITY MANAGER
ATTEST:
JENNIFER WALTE S, CITY SECRETARY
3 J
APP VED A TO LEGAL FORM:
7Y, CITY
TTTORNEY
B/' I
}�
Teague Nall and Perkins, Inc.
BY: �v
Gary L. Vickery, P.E.
Principal
WITNESS:
BY:t 1VI/I
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SER\"ICES
ARTICLE I. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineers services consist of those services for the Project (as defined in the aeeement (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 7 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.
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 normal structural, civil, mechanical and electrical
engineering services 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 (See Exhibit A for further Definition and Clarification)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascenain
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.E 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 DESIGN DEVELOPMENT PHASE (N/A)
2.E.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, sche-
dule 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 warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.E.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 DOCUMENTS PHASE (See Exhibit A$or further. Definition and Clarification)
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.
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2.4.2 the Design Professional shall assist the Owner in the preparafion 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 of governmental authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT (See Exhibit A for further Definition and Clarification)
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 procunng 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 Derailed 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 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT (See Exhibit A for
further Definition and Clarification)
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 temrs of Subsection 8.3.2.
2.6.2 The Design Professional shall provide derailed administration of the Contract for Construction as set forth below. For
design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Con-
tract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement For engineers the
administrationshall 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 Owners direction from time to time during the correction, or warranty period described in the Contract for Con-
struction. The Design Professional shall have authority to act on behalf of the 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 inspect the construction site at least two times a week, rega dim of whether construction is
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 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 famished 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 Contractors schedules or failure to tarty out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. 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 ProfessronaL Communications by and with the
Design Professional's consultants shall be through the Design Professional.
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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 Contractors Application
for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable
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 m 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 Daly and Samples for the purpose of (1) determining compliance with
am Icomle laws, fiance with the
ordinances and codes; and (2) determining whether or not the work, when completed, - P
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 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 Construction Change Directives, with supporting
documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the
Owners approval and execution in accordance with the Contract Documents, and may authomc minor changes in the work not
involving an adjustment in the Contract Sum or an extension 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 data 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 interfmcwtions and initial
decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not he
liable for results or interpretations or decisions so rendered 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.
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2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reproducible prints showing all
significant changes to the Construction Documents during the Construction Phase. The reproducible prints will be based on
information provided to the Design Professional by others.
ARTICLE 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. 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 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
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or pan 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 therefore 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:
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 Owners 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 te, size, quality,
complexity, or the Owner's schedule, except for services required under Subsection 2.5.2.
33.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec-
tion with Change Orders and Construction Change Directives.
33.4 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.
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 parry 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.
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3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibililyorother 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 govemmentat authodtics 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 Owners 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 fnal 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 engineeringpor-
tions of the Project provided as a part of Basic Services.
3A.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 construction based on marked -up prints, drawings and other dam 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 par 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 contpetsation 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.
ARTICLE OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requiremenm 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 mom specifically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Pmject, including the Construction Cost, the Owners other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to
fulfill the Owners obligations under this Agreement.
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 famish 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 ap-
plicable, grades and lines of streets, alleys, pavements and adjoining property and stmctures; adjacent drainage; rights -of -way,
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restrictions, easements, 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 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 resistivity tests, including necessary
operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall famish the services of other consultants when such services are reasonably required by the scope of the
Project and arcrequested 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 stroctural, 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 services as may be necessary at any time for the
Project, including auditing services the Owner may require to verify the Contractors 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
Owners 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.
ARTICLES CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
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 contingencies shall he included for market conditions at
the time of bidding and for changes in the work during construction.
5.1.3 Constivction 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 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owners Project budget, preliminary estimates Of Construction Cost and detailed estimates of Construe-
tion Cost prepared by the Design Professional represent the Design Professional's bestjudgme ut 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 Contractors 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 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.
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
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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.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The lhawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of
the Design Professional's service and shall 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 documents 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.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
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 performed under the Agreement shall cease immediately upon Design Professional's
receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it
satisfactorily performed prior 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 contact 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 my 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 nonperformance 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.
ARTICLE 8 PAYMENTS TO THE 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.
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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 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments no account of the Design Professional's Additional Services and for Reimbursable Expenses shall be nude
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 suns withheld from 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
Ownefs authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services 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 Paymead, 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 execution, operation, or performance of the Agreement.
9.2 Nothing herein shall be constmed to create a liability to any person who is not a party to the Agreement, and nothing
herein shall waive any of the panics' 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 to do business in the State of Texas by the State insurance Commission or any
successor agency that has a rating with Best Rate Carvers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than S1,000,000 for each occurrence
and not less than SI,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 far 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 of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall fumish 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
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a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not he
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.
ARTICLEII MISCELLANEOUS PROVISIONS
it.] 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 represen-
tatives 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 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 wntten 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 he given
priority in the following order:
The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
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 orproprietaryinformation
if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be
confidential 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.
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 any way affect the substantive
terms or conditions of the Agreement.
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ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
BASIC SERVICES
PROJECT DESCRIPTION
This project generally consists of preparation of construction plans and bid documents for
construction of Western Boulevard from Airport Road (FM 1515) to US Hwy. 380.
The scope of Basic Services generally consists of the preparation of detailed plans and
specifications for the roadway and associated drainage, and utility adjustments as needed to
clear proposed drainage facilities. Special Services such as a route study update, aerial design
survey, environmental documents, and geotechnical investigations will also be provided, as
described in Attachment'B'.
GENERAL
A. Basis for Scope of Services
The following assumptions were used by the ENGINEER for the preparation of the scope of
Basic Services for this project:
1. The project will be designed in accordance with the Route Study prepared by
TNP for the City of Denton in 2003. This will include relocation of a portion of
Cindy Lane north of US Hwy. 380. A right turn lane on Airport Road wUl be
included in the design to allow westbound traffic to turn north on Western Blvd.
No left turn lane for eastbound traffic is included in the scope of the agreement.
2. This agreement is based on the design of the full, future six -lane roadway, even
though initial construction will be limited to the two easterly lanes. The
construction plans will show the future lanes in an abbreviated form, as well as
the actual proposed initial construction. It is necessary to design the entire
roadway to ensure that grades work properly, that necessary right-of-way and
easements are identified, and to ensure that the storm drainage system is
properly designed without requiring construction of two separate storm drain
systems.
3. The proposed roadway will parallel the Dry Fork of Hickory Creek and Tributary
DF-2. However, no construction will take place within the floodplain of these
creeks. The roadway will cross a branch of the tributary DF-2. Because the
watershed above this crossing is significantly below one square mile, and the
branch has not been previously studied in detail by FEMA, no LOMR is expected
to be necessary.
4. Minimal environmental impacts are expected to the branch of Tributary DF-2.
Due to the wide flat area that comprises the branch, a bridge is likely to be more
cost effective than a culvert. We have included a Wetlands Screen in the scope
of this agreement. The Wetlands Screen involves preliminary research, along
Attachment A— Page 1
with a site visit to determine if a wetlands area is actually present and to identify
what, if any, Corps 404 permits are required. We anticipate that there will be two
crossings that will be considered jurisdictional, and therefore have assumed that
Section 404 permitting for the project will be consist of two Nationwide 14 permits
(or one permit for two crossings). For purposes of this proposal, it is assumed
that the impacts to the streams cannot be limited to less than one -tenth of an
acre, which will result in the need for a Preconstruction Notification to the Corps
of Engineers. The PCN will include a wetlands delineation, mitigation plan, and
other documents required by the Corps of Engineers for a Nationwide permit
submittal.
5. No Environmental Assessment (EA) is included in the scope of this agreement
6. We do not anticipate the need for a noise survey, and accordingly, none is
included in the scope of this agreement.
7. Because the roadway will be constructed in a new right-of-way, plans will be
submitted to the State Antiquities Commission for review. However, a detailed
archeological assessment is not included in the scope of this agreement. If such
an assessment is necessary, the cost of the assessment and the impact of the
assessment on the project will require a renegotiation of the fee. Coordination
with the State Historic Preservation Officer will be conducted.
8. In order to avoid multiple permits for a single crossing, it is assumed that all
culverts crossing Western Blvd. will be designed and constructed in the initial
phase, completely crossing the right-of-way. The bridge will be built as two
separate bridges, one for the three northbound lanes and one for the three
southbound lanes. The bridge for the three northbound lanes will be built in its
entirety in the initial construction phase. The bridge for the southbound lanes will
be part of the West Phase construction plans included as a Special Service.
9. The project will be designed and constructed in accordance with the City of
Denton Standard Specifications, the Drainage Design Criteria Manual, February
2002 and the Transportation Design Criteria Manual, February 2002. This
agreement is based on design in accordance with City of Denton standards, and
review by City of Denton staff only. In the event that outside funding, or other
considerations, requires design in accordance with other standards, or review by
other entities, the fee will be renegotiated accordingly.
10. It is understood that improvements to Hwy. 380 are being contemplated by
TxDOT. This agreement is based on Hwy. 380 as it is at the date of this
agreement. If Hwy. 380 is widened or otherwise significantly changed after the
date of this agreement, the design fee will be renegotiated accordingly. The
design intent at this time is that no significant improvements at the Hwy. 380
intersection are a part of this agreement. No additional lanes or signals or
overlays are included. Some restriping will be required to accommodate the new
intersection.
11. Right-of-way acquisition and right-of-way documents are not a part of the scope
of this agreement. It is our understanding that the ROW will be dedicated to the
Attachment A — Page 2
City by the property owner(s), and that the necessary right-of-way documents will
be prepared by others.
12. No traffic signal design is included in the scope of this agreement, although
pullboxes and conduit for future signals will be installed.
13. No construction staking is included in the scope of this agreement.
14. No utility relocation is anticipated, and accordingly none is included in the scope
of the agreement.
B. Design Meetings
The ENGINEER will conduct a project kickoff meeting with City staff to clarify
responsibilities, to specify phasing and other issues not yet finalized, and to
review the project schedule, which the ENGINEER will provide at the meeting. In
addition, a site visit will be conducted, either as part of the kickoff meeting or at a
later time, to be designated at the kickoff meeting.
2. The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the preliminary and final design phases of the project.
C. Project Management, Administration and Coordination
The ENGINEER will establish a work program. and schedule for each
subconsultant, as necessary, at the beginning of each phase of the project. The
ENGINEER will be responsible for the coordination, supervision, review and
incorporation of work performed by subconsultants.
D. Data Collection
The ENGINEER will collect, compile, and evaluate existing data collected from
the City of Denton or other entities that provide existing information related to the
design of the project.
2. A location map/schematic plan will be provided to the affected utility companies
by the ENGINEER. These schematics will be used by the utility companies to
show approximate locations of their facilities that are or may be affected by the
project.
3. The ENGINEER will make every effort to obtain as -built, record, and/or future
plans for the following facilities in the project area including:
a. Culverts
b. Roadway
C. Water Lines
d. Sanitary Sewer Lines
e. Storm Drain Lines
f. Telephone and Cable TV Underground and/or Overhead Lines
g. Electric Underground and/or Overhead Lines
h. Gas Lines
Attachment A — Page 3
Other Utilities Known to Serve the Project Area
4. The ENGINEER will compile the preliminary information obtained above for later
use in the field to help surveyors tie existing utility locations. The locations of
utilities tied from field surveys will be shown on the paving and drainage plans, as
appropriate.
5. The ENGINEER will identify potential utility conflicts and provide this information
to utility companies.
B. Determination of Scope of Design and Construction
An Opinion of Probable Construction Cost for the project, with multiple alternates,
was included in the original route study prepared for the CITY by the ENGINEER
under separate contract. The scope of the design effort and associated fees is
based on that route study. It is anticipated that the alternate to be designed will
be specified at the project kickoff meeting. In the event that there are changes to
the scope of the design or construction after the kickoff meeting, a contract
amendment may be necessary to address the changes in the scope of the work.
DESIGN PHASE
A. Roadway and Storm Drainage Design
The ENGINEER will develop plans for the proposed roadway and drainage
improvements. These plan sheets will be at a V=40' scale and contain
topographic information, existing and proposed right-of-way lines, existing
underground utilities at locations of conflict, locations of driveways, pavement
edges, culvert layouts and sections, contours where necessary, limits of
structures, limits of retaining walls, if any, drainage structures including pipes,
limits of barriers and any other information necessary for pavement construction.
Profiles at 1'=40' horizontal scale and V= 4' vertical scale will contain existing
ground lines at the proposed profile grade line, limits of structures and profile
elevations at 100 foot intervals.
2. The ENGINEER will prepare cross -sections along the roadway at 100-foot
intervals, which will extend to the proposed right-of-way limits. These cross -
sections will form the basis for the determination of earthwork quantities. Cut
and fill quantities will be computed and tabulated, referencing cross -sections.
Cross -sections will be included in the preliminary and final plans.
B. Other Roadway Design Elements
A project title sheet will be prepared as required and included in the plans.
2. Project Layout sheets will be prepared at a uniform scale which clearly indicate
the limits of the entire project and the main construction elements of the project.
3. Roadway typical sections will be prepared for paving sections along the various
portions of the project.
Attachment A — Page 4
4. Roadway horizontal and vertical control and horizontal curve data will be shown
on the plans.
5. Supplementary intersection layout information will be prepared to properly show
the relationship between the profiles of intersecting streets, where deemed
necessary by the ENGINEER.
6. Details will be developed as necessary, including paving, drainage, culvert, utility,
and miscellaneous details to describe the various types of construction for which
the CITY has no pertinent standard details available.
7. An Erosion Control Plan will be prepared for the project, but a Stormwater
Pollution Prevention Plan (SWPPP) will not. Standard City of Denton and
NCTCOG details for erosion control will be used as appropriate.
8. Pullboxes and electrical conduit will be shown for future signalization at Airport
Road, Jim Christal and US Hwy 380.
C. Drainage Plans and Details
Drainage area maps will be prepared at a scale of V=200', using available City of
Denton contour maps. Off -site drainage areas will be depicted at a scale of
1"=400' minimum scale. Cross -culverts and storm drain systems will be located
and sub -drainage areas determined. The runoff to each culvert and storm drain
system will be calculated in accordance with the City of Denton Drainage Design
Criteria Manual, current edition.
2. Plan/profile sheets will be provided for new culvert and storm drain construction.
The plans will show culverts, storm drain, inlets, and necessary grading at
outfalls. Some temporary drainage features, such as ditches and temporary
inlets, are anticipated to accommodate the initial construction of the two easterly
lanes.
3. Geometric information necessary to prepare drainage easements will be
provided to the CITY for preparation by others.
4. Miscellaneous drainage details will be prepared for any drainage related items,
which are not covered by the CITY's standard details.
D. Signing and Pavement Markings
The ENGINEER will develop signing and pavement marking layout sheets for the
project at an appropriate scale. These layouts will include baselines, pavement
edges, right-of-way lines, pictorially depicted signs with their locations, pavement
markings and buttons with dimensioning, culverts and other structures which may
present a hazard to traffic, and proposed delineators and object markers.
E. Traffic Control Plans
Attachment A — Page 5
1. The ENGINEER shall prepare a traffic control plan to adequately represent the
phasing of the various elements of the construction and to provide for minimal
interruption to vehicular traffic during the entire construction process.
Preliminary Quantities and Opinion of Probable Cost
1. Project quantities and an Opinion of Probable Construction Cost will be a part of
each submittal, as outlined below.
2. The ENGINEER's opinion of probable construction costs will be prepared for the
entire project using current unit cost data. These opinions of cost will be
provided on the basis of ENGINEER's experience and professional judgment, but
will not imply any warranty that final bids might not vary from the cost opinions
provided, since neither the ENGINEER nor the CITY have any control over
market conditions or bidding procedures.
G. Submittals
Schematic Plans
Schematic plans will show proposed typical sections, horizontal alignment, turn
lane configuration, roadway profiles, and drainage area information, preliminary
storm drain layout and sizing, preliminary culvert and bridge plans. Up to three
(3) sets of preliminary plans will be submitted for CITY review, along with an
Opinion of Probable Construction Cost. The schematic plans will cover the entire
primary arterial from Airport Road to and including Cindy Lane.
2. Preliminary Plans
Preliminary plans will include essentially complete paving plan and profile sheets
for the initial two-lane construction, along with drainage area maps, storm drain
plan and profiles, bridge and culvert plans, preliminary traffic control plans,
preliminary striping and signing plans, and preliminary bid documents, in addition
to revisions and modifications based on CITY review of conceptual plans. The
drainage area maps and storm drain plans will be based on the full primary
arterial, so that the storm drain system is properly designed. Up to three (3) sets
of preliminary plans will be submitted for CITY review, along with an updated
Opinion of Probable Construction Cost. Upon CITY approval of preliminary
plans, copies will be delivered to utility companies as plans adequate for utility
relocation design.
3. Final Plans
Final plans will include the complete plan set, along with bid documents and
specifications and a final updated Opinion of Probable Construction Cost, for the
initial two-lane construction. Up to three (3) sets of final plans will be submitted
for CITY review. Exhibits and materials necessary for submittal to TxDOT for a
permit at US Hwy 380 and at FM 1515 (Airport Road) will be submitted with the
final plans.
Attachment A — Page 6
4. Final Bid Documents
Final documents will be based on CITY review comments of the initial final plan
submittal. Deliverables will include a full-size signed and sealed mylar plan set
ready for bid distribution, along with a final Opinion of Probable Construction
Cost, and complete bid documents and specifications.
BIDDING & CONTRACT AWARD PHASE
1. ENGINEER will assist the CITY in the advertisement of the project for bid. The
CITY shall bear the cost of advertisement. The CITY shall provide all necessary
printing of construction plans, specifications and contract documents for use in
obtaining bids, awarding contracts, and constructing the project. The
ENGINEER will provide original reproducible plans and bid documents for
reproduction, including full-size mylars of construction plans. The CITY shall be
responsible for dispersing all plans and specifications from its purchasing
department to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding &
Contract Award phase by responding to bidder and CITY questions, reviewing
the bids, preparing a bid tabulation, and making a recommendation of award to
the CITY. ENGINEER will prepare necessary addenda during the bidding phase
for distribution by the City of Denton Purchasing Department.
3. The ENGINEER will be present at a Pre -Bid meeting, will attend the Bid
Opening, and will prepare a bid tabulation of the bids received, and will prepare a
recommendation of award to the CITY.
CONSTRUCTION PHASE
A. Construction Observation and Contract Administration
The ENGINEER will provide limited construction observation and contract administration
for the project within the scope of Basic Services as outlined below. Detailed daily
construction inspection will be performed by the CITY. Any construction phase services
requested by the CITY beyond those described below will be provided as Additional
Services.
Attend pre -construction conference.
2. Visit the site on an irregular basis as directed by the CITY, up to six visits.
3. Consult and advise the CITY; and prepare routine change orders as required.
4. Prepare and submit record drawings (electronic and mylar) based on information
provided by the Contractor and the City inspector.
SUMMARY OF BASIC SERVICES
Attachment A — Page 7
SCHEMATIC PLANS
Schematic plans will depict the completed primary arterial from Airport Road to
Hwy. 380, will include the Cindy Lane relocation.
PRELIMINARY PLANS
Preliminary plans will depict the entire primary arterial, but with limited detail for
all but the easterly two lanes. Drainage for the entire project will be included.
FINAL PLANS
Final plans will consist of construction plans and bid documents for only the
easterly two lanes making up the initial construction phase.
FINAL BID DOCUMENTS
Final bid documents will address previous review comments and will consist of
construction plans and bid documents for only the easterly two lanes making up
the initial construction phase.
BIDDING & CONTRACT AWARD PHASE
Bid assistance including a Pre -Bid meeting, Bid Opening, and preparation of a
bid tabulation.
CONSTRUCTION PHASE
Will include attendance of the Preconstruction meeting, limited field
representation (at the direction of the CITY), and preparation of record drawings.
Attachment A — Page 8
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
Special Services that may be provided by the ENGINEER for this Project include: Design
Surveys, Aerial Topography, Geotechnical Investigations, Preliminary Environmental
Documents, and preparation and submittal of Corps of Engineers 404 Permit documents. The
scope of work for these Special Services is more specifically described as follows:
AERIAL TOPOGRAPHIC SURVEY
(Note: Aerial surveys will be performed by a sub -consultant (Metropolitan Aerial
Surveys, Inc.) under contract with the ENGINEER. The ENGINEER shall coordinate
with the sub -consultant, will provide control surveys, and will review all aerial
mapping.
Aerial topographic mapping will be based on new flights of the subject area. The
area to be flown will include the proposed route as well as the contemplated
alternate route further east of the proposed route. Topographic mapping will
cover only the selected route, to a width of approximately 500' with a 1' contour
interval. The resultant mapping will be generally accurate to within +/- 0.5'.
2. Supplemental ground surveys will be performed to tie critical features such as
pavement edges and existing utilities. In addition, a profile of the proposed route
will be shot on the ground to verify the accuracy of the aerial topography.
3. Easement and/or right-of-way preparation and field surveying for easements on
private property are not included in this scope. The survey will depict existing
features within the project limits, including pavement, fences, utilities, buildings,
property corners and other features that will affect design and construcfion.
Sufficient data will be obtained to prepare cross sections of the proposed project.
Surveys will show all visible existing improvements and features within the
proposed right-of-way limits throughout the project.
4. Tie the horizontal and vertical location of known underground utilities based upon
available information and "field locates' or markings provided by the utility
companies. ENGINEER will rely solely on the cooperation of the various utility
companies and any information they or the CITY make available.
3. Horizontal control monumentation and vertical benchmarks will be established,
as necessary.
4. A specific tree survey is not a part of the scope of this agreement. Significant
trees that will impact construction will be shown, but mesquite trees, for example,
will not be surveyed or shown on the plans.
GEOTECHNICAL INVESTIGATIONS
(Note: Geotechnical Investigations will be performed by a sub -consultant (CMJ
Engineering, Inc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the geotechnical consultant and review test reports and
recommendations.
Attachment A - Page 9
1. Twelve (12) borings will be taken at regular intervals along the length of the
project, generally to a depth of 8' to 10'. Four (4) borings will be taken near the
proposed bridge at Jim Christal Road and the large culvert, to a depth of up to
20' or into solid rock.
2. Laboratory analysis will include moisture analysis, soil identification, Atterberg
limits determinations, unit weight determinations, unconfined compression tests
and lime series tests.
3. Boring logs will be provided on all borings, and a report summarizing the findings
of the analysis will be prepared.
4. Recommendations will be made for placement of fill material along with
guidelines for pavement design.
PRELIMINARY ENVIRONMENTAL DOCUMENTS
(Note: Preliminary Environmental Documents will be performed by a sub -consultant
(KBA EnviroScience, Inc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the environmental consultant and will review reports and
recommendations.
A Wetlands Screen will be conducted to determine the extent, if any, of existing
wetlands or jurisdictional waters as defined by the Clean Water Act and
implemented by the Corps of Engineers as a Section 404 permit. The extent of
necessary permitting will be outlined in a brief report.
CORPS OF ENGINEERS 404 NATIONWIDE 14 PERMIT
(Note: Preliminary Environmental Documents will be performed by a sub -consultant
(KBA EnviroScience, Inc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the environmental consultant and will review reports and
recommendations.
1. Based on our assumptions outlined in the Basis for Scope of Services, we
anticipate two crossings of jurisdictional waters will be necessary. Data will be
compiled both before and after design and construction for submittal to the Corps
of Engineers for a Nationwide 14 permit(s) for these two crossings.
2. A Wetlands Delineation Report will be prepared based on field observations.
3. A Preconstruction Notification (PCN) will be prepared and submitted to the
Corps. The PCN will include a Mitigation Plan, threatened and endangered
species evaluation, and other documents required by the Corps.
4. An environmental scientist will meet with the Corps if necessary to facilitate
permit approval.
Attachment A -Page 10
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. Electronic topography from the City of Denton GIS for use in preparation of off -site drainage
area maps.
3. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
4. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Aerial Survey
Complete within 6 weeks of written Notice to Proceed from the City unless weather
conditions affect flight schedules.
Schematic Design
Complete within 18 weeks of written Notice to Proceed from the City.
Preliminary Design
Complete within 14 weeks of CITY approval of Schematic Plans.
Final Plans
Final plans and specifications, at 95% complete, will be submitted within 8 weeks of
CITY approval of Preliminary Plans
Bid Documents
Complete plans and bid documents will be submitted within 4 weeks of receipt of review
comments from the City staff
Construction Phase
Will proceed with construction
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Attachment A — Page 11
ATTACHMENT `B'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in ATTACHMENT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
DESIGN PHASE $ 310,000
BIDDING & CONTRACT AWARD PHASE $ 3,100
CONSTRUCTION PHASE $ 7,100
Subtotal (Labor) $ 320,200
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense plus 10% with a not -to -exceed amount of:
$ 1.325
3. Total Fee for Basic Services
TOTAL (BASIC SERVICES)
$ 321,525
Attachment B— Page 1
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
ATTACHMENT A, Itemized Scope of Services, shall be considered Special Services, as
identified in ATTACHMENT A, Special Services to be Provided by Engineer. The
ENGINEER will be reimbursed for Special Services as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Special Services identified in
ATTACHMENT A:
Aerial Topo w/ Field Supplement (Alternate) $ 28,000
Geotechnical Investigations $ 9,200
Preliminary Environmental Documents $ 4,100
Corps of Engineers 404 PCN and Permit (2) $ 19,000
Total Special Services $ 60,300
Progress payments for these Special Services shall be paid to the Engineer by the City
on a monthly basis based on the estimated percentage (%) of the total work effort
completed during that month less any payments for previously invoiced services.
C. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. No Additional Services are
anticipated for this project. The ENGINEER will be reimbursed for Additional Services,
should they be requested, as described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly basis in
accordance with EXHIBIT C, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense PLUS 10%.
Attachment B— Page 2
ATTACHMENT C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2006 to December 31, 2006'
Engineering / Technical
From
To
Principal
$145
- $220
Per Hour
Project Manager
$110
- $150
Per Hour
IT Consultant
$120
- $140
Per Hour
Senior Engineer
$80
- $150
Per Hour
Engineer
$70
- $120
Per Hour
Landscape Architect / Planner
$80
- $130
Per Hour
$80
- $95
Per Hour
Designer
Senior Designer
$110
- $130
Per Hour
CAD Technician
$50
- $75
Per Hour
Senior CAD Technician
$70
- $90
Per Hour
IT Technician
$70
- $80
Per Hour .
Clerical
$45
- $65
Per Hour
Resident Project Representative
$70
- $90
Per Hour
Surveying
Survey Office Manager
$145
$155
R.P.L.S.
$100
- $130
Senior Survey Technician
$70
- $85
Junior Survey Technician
$55
- $70
2-Person Field Crew w/Equipment
$100
3-Person Field Crew w/Equipment
$110
4-Person Field Crew w/Equipment
$135
1-Person G.P.S. Crew w/Equipment
$110
2-Person G.P.S. Crew w/Equipment
$130
3-Person G.P.S. Crew w/Equipment
$150
1-Person Robotic Crew w/Equipment
$90
2-Person Robotic Crew w/Equipment
$110
Direct Cost Reimbursables
Photocopies $0.10/page
letter and legal size bond paper, B&W
$0.20/page
11" x 17" size bond paper, B&W
$2.00/page
22" x 34" and larger bond paper or vellum, B&W
Plots $1.00/page
11" x 17" size bond paper, B&W
$2.00/page
11" x 17" size bond paper, color
$4.00/page
22"x34" and larger bond paper or vellum, B&W
$6.00/page
22"x34" and larger bond paper or vellum, color
$6.00/page
22"x34" and larger mylar or acetate, B&W
Mileage $0.445/mile
All Subcontracted and outsourced services billed at rates comparable to TNP'S billing rates shown above.
' Rates shown are for calendar year 2006 and are subject to change in subsequent years.
AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Western Blvd
TNP No. DEN05194
Amendment No. 2 is for additional services related to plan revisions to accommodate
the proposed industrial development adjacent to the project. In general, it includes
redesign of three culverts along with other changes related to that redesign, design of a
culvert to replace the bridge in the original plans, and redesign of several driveways.
The changes to the three culverts will be as modifications to the base bid. The change
from bridge to culvert will be as a bid alternate, with the bridge as the base bid. We
propose to do the work in two phases; Feasibility and Redesign.
In the Feasibility phase, we propose to perform the following services:
Topographic survey: Survey will be performed from the current daylight of the
culvert outfalls as shown on the Western Boulevard Paving and Drainage
Improvements plans and along the west property line of the Davis Tract
extending southward to the culverts that cross under Jim Chrystal Road.
Analysis and Report: We will analyze the survey data to determine the
geometric feasibility of lowering the culverts by defining the length of outfall
required to daylight the lowered culverts. We will also evaluate the hydraulic
feasibility of replacing the bridge with a culvert, considering 404 jurisdictional
issues and the affect of backwater on Jim Christal Road. Based on the analysis,
we will develop a preliminary opinion of construction cost for the various revisions
and report our findings to the City in a letter report. We understand the objective
to be to lower the two culverts on the Davis property by approximately three feet,
the culvert on the Rayzor property by as much as six or seven feet (more specific
targets will be provided by others), and to replace the bridge with a culvert.
If the City is satisfied with the findings in the letter report, we will proceed with the
Redesign phase
In the Redesign phase, we propose to perform the following services:
Redesign Culverts: We will design exact daylight locations for the outfalls and
lower flowlines of the culverts as outlined in the report (outfalls for Culverts D and
E will not extend south of Jim Christal Road). We will revise the culvert and
outfall plan and profile sheets to reflect the changes made. We will adjust the
horizontal location of the culvert that impacts the jurisdictional stream (Culvert 'B'
as shown on the Western Blvd construction plans) and redesign and redraw the
plan and profile sheets as necessary.
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Redesign Storm System: We will evaluate and redesign the storm drains that
are directly impacted by the lowering of the culverts and redraw plan and profile
sheets as necessary. This will include only enough storm drain revisions to
make a reasonable connection to the new culverts, and will not include redesign
of the entire storm drain system.
Replace Bridge: We will prepare plan sheets necessary for construction of a
culvert instead of the bridge just south of Jim Christal. This will include culvert
plan and profiles, as well as necessary changes to other sheets, including storm
drain, erosion control, grading, etc.
Opinion of Probable Construction Cost: Upon completion of the revisions to
the plans and specifications, we will prepare an Opinion of Probable Construction
Cost and a comparison table to evaluate the difference in cost between the
revised drainage system and the system as shown in the current Western Blvd
plans.
Re -Bid Project: We understand that if this addendum is accepted, the current
bid solicitation will be suspended, and the project bid again with the subject
revisions. The bid documents and specifications will be revised to reflect the
revised design and the bid alternate. All reproduction of plans and specs for
bidding, up to 35 sets, are included in the scope of this amendment.
Revised Driveways: We will revise the width and dimensions of the proposed
driveways on the Davis tract.
Meetings: We will attend up to two meetings with the City and one meeting with
the City and developer to review the project.
Schedule:
• The feasibility phase, including surveying, will be completed within 21 calendar
days of authorization from the City of Denton.
• The redesign phase will be completed with 30 calendar days after the City has
completed review of the feasibility report and authorized continuation of the work.
• Plans will be completed to allow for advertising on Oct. 11 and Oct. 23 with a bid
opening date of Nov. 13, 2007.
Compensation:
For Additional Services performed by the ENGINEER as described above, the
ENGINEER will be compensated a fixed fee of $ 41,000 as follows:
Field Survey
$ 7,500
Feasibility Analysis
$ 2,500
Culvert Redesign
$17,000
Bridge Replacement Design
$ 6,900
Contract Documents
$ 2,700
Reproduction (35 sets)
4,400
Total Amendment No. 2 $41,000
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SUMMARY OF AMENDED CONTRACT
Original Contract Fee
Basic Services
Special Services
Total
Amendment No. 1
Amendment No. 2
Total
Amended Contract Fee
City of Denton
Tom D. Shaw, Purchasing Agent
Date
$ 321,525
60,300
$ 381,825
$ 12,747
41,000
$ 53,747
$ 435,572
Teague Nall and Perkins, Inc.
�U
Gary L. Vi ery, P.E.
Aug. 16, 2007
Date
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