HomeMy WebLinkAbout2006-186ORDINANCE NO. 2006--L `_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND
ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR APPROXIMATELY 7,800
LINEAR FEET OF UP TO THIRTY -INCH WATER LINE ALONG ROSELAWN DRIVE
FROM BONNIE BRAE TO BERNARD STREET IN DENTON, TEXAS; PROVIDING
FOR THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $144,500 THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
engineering firm of Kimley-Horn and Associates, Inc. ("KH'), of Fort Worth, Texas, to
provide professional engineering services related to the approximately 7,800 linear feet of up
to thirty -inch water line, along Roselawn Drive from Bonnie Brae to Bernard Street in
Denton, Texas (hereafter "the Roselawn 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 Kimley-Horn and Associates, Inc., Fort Worth, Texas, for professional engineering
services related to the Roselawn Project, for a professional fee of $144,500; in substantially
the form of the "Professional Services Agreement for Architect or Engineer" that is attached
hereto as Exhibit "A" and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of KH and the demonstrated ability
of KH 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. pp� �
PASSED AND APPROVED this the J �/ ` day of GI.C�I�+ , 2006. 4RRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B y�:'\� �,I, -'�,
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
SAOur Documents\Ordinances\06\Kimley-Hom-PSA-Roselawn Water Line -Prof Sves.doc
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
T IS AGREEMENT is made and entered into as of The —_day of
20by and between the City of Denton; Texas, a Texas
mufiicipaVcorporation, with its principal office at.215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and Kimley-Hom and
Associates, Inc., with its office at 801 Cherry Street, Unit 11, Suite 1025, Fort Worth,
Texas, 76102-6803, 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, (describe the
Project in the space below are in an attachment)
PROJECT DESCRIPTION
The Design Professional will provide professional services for approximately
7,800 linear feet of up to 30-inch water line along Roselawn Drive from Bonnie Brae to
Bernard Street. Design Professional shall provide engineering services as described in
the attached Design's Professional's Proposal which will include: the preparation of
easement acquisition documentation, bidding specifications, construction contract
documents, and record drawings. It is our understanding that the Owner is planning to
site an elevated storage tank along this route and that the site will be determined prior to
the completion of preliminary design.
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 $144,500.
2.1.2 Progress payments for Basic Services shall be paid as stated in Section 8.3 of
the General Provisions.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services will be provided on a labor fee plus
expense basis. Labor fee will be billed according to the rate schedule in Attachment C.
Direct reimbursable expenses such as express delivery services, fees, air travel, and other
direct expenses will be billed at 1.10 times cost. An amount will be added to each invoice to
cover certain other expenses such as in-house duplicating, local mileage, telephone calls,
facsimiles, postage, and word processing. Administrative time related to the project may be
billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will
be billed at $25.00 per hour. All permitting, application, and similar project fees will be
paid directly by the Owner.
Page 2
PA000008.0MI)ENTOMRoselawn wL\scope\Design Professional Agrcement_roselawn.doc Revised 6.05-06
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:
City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. The Design Professional's Proposal
Attachments A through C.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF�D}�E�NTON
BY:
HOWARD MARTIN
INTERIM CITY GER
KIMLEY-HORN AND ASSOCIATES, INC.
BY:
Glenn A. Gary
Senior Vice President
Page 3
P:\000008.024\DENTON\Roselawn WL\scope\Design Professional Agreement_roselawn.doc Revised 6-05-06
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCUITECTURAL OR ENGINEERING SERVICES
ARTICLE ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agrecmenf') and proposal (the "Proposal") m which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Profcssioml'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 contactor to the prevailing professional standards consistent with the level ofcare 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 Owners approval a schedule for the performance of the Services which may be adjusted as the Project
allowances for periods of time required for the Owners review and for approval of submissions by authorities having jurisdiction over the Project.
pro:eetis, and dull include
Time limits established 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 mmually acceptable to both panics.
AR"riCLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professi(4nal's Basic Services consist ofthose described in Sections 22 through 2.6 of these General Conditions and include
without limitation nonral stmcmral, civil, mechanical and electrical engineering services and any other engineering services necessary toproduce a complete and accurate set of
Construction Documents, as described by and required in Section 24, The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and to establish the
requirements for the Pro)cct.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in
terns of the other, subject to the limitations set forth in Subsection 5 2.1,
2.2.3 The Design Professional shall reviewwith the Ownerahemative approaches to design and construction ofthe 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 ofdrawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable lass, statutes, ordinances, codes and regulations.
2.IS 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
2.3.1 Based on the approved Schematic Design Documents and my 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 deSMIX the size and
character of are Project as to architectural, structural, mechanical and elewiml systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate W fulfill the purposes ofthe Project.
2.3.2 The Design Professional shall advise the Owner of arty adjustments W the preliminary estimate ofConstmaction Cost in a further Detailed Statement as described
in Section 2 2.5.
2.4 CONSTRUCTION DOCUMENTS PI USE
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 camutaction budget
authorized by the Owner, the Design Professional shall prepare, far approval by the Owner, Concoction Documents consisting ofDmwings and Specifications setting
forth in derail requirements for the construction
nstrction of the Project, which shall comply with all applicable laws, statutes, ordinances, coins 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 faros, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 1he Design Professional shall advise the Owner ofany adjustments to previous preliminary estimates ofConstmnion Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTUCFIONCONfIRCFPROCUREN1ENf
2.5.1 The Design Professional, following the Owncrs approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Omer in procuring a construction contract for the Pmjcvt through any procurement method that is legally applicable to the Project including without
Page I of 8
HAMisc\Blank forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5.30-02
imitation. 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 at 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 Contraction
Documents n my be required by the Owner 10 reduce or modify' the quantity or quality of the work so that the tool construction cost of the Project will not exceed
the total consbuclum cost set forty in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PIIASE- ADMINISTRATION OFTIIE CONSTRUCTION CONTRAC17
2.6.1 The Design Professional's responsibilin to provide Dazic Services for the Construction Phase under this Agreement commences with the award .fee Contract
for Consamction and terminates at the issuance ro 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 pmfessionalss the administration
Shall also be in accordance with AIA document A201, Gzneml 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 Ccnttal Texas Council of Governments, content a, of the date ofthe Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authonty of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, of wismany� period described in the Contract for Construction. The Design Poermional shall have authority to act on behalfofthe
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument
2.6.5 The Design Professional shall observe the conuuaion site at least woe 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 mamet
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 au: progress and quality of the work, and shall
exercise the De€um of Care and diligence in discovering and promptly reponing to the Owner any observable defects or deficiencies in the work of Contractor or any
subcort acoors. 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 cast to the Owner. The Owner's approval, acceptance, use of or
payment for all or any pan of the Design Professional's Services hereunder or of the Project itself shill 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 Com antes schedules or
failure to carry our the work in accordance with the Contract Documents except insofar as such failure may result from Design Professioml's negligent acts or omis-
sions. The Design Professional shall not have control over or charge affect or omissions of the Contractor, Subcontractors, or their agents or employees, of of any
other persons Performing ponions 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 communication 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 Profese mud'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 el the site as
provided in Subsection 2.6.5 and on the data comprising the Comactots Application for Paymem, 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 a minor deviations from the Contract Documents cor-
ralable 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 incurs, 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 v,hh.Ne provisions of the Contract Documents, whether or Out such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith tither to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor. Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (I) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work of in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
µrmitadequstereview. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness ofother details such as, dimensions
and quantities on for substantiating instmctions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responslbilirc of Ne Contractor to doe eaten required by Ne Contract Documents. The Design Professional's review shall not confimte approval of safety precautions
or, unless otherwise specifically stated be the Design Professional, of construct ion means, methods, techniques, sequences or procedures. the Design Professional's
approval ufa specific item shall not indicate approval of an assembly of t%hich the item is a component. When professional certification of performance charactenstics
Page 2 of 8
ilMlisc\Blank Forms\GGNERAI. CONDI'TIONS-ARCIIITECT-ENGINEF.R.doc Revised 5-30-02
of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contact Documens.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supposing 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
audanze minor changes in the work not involving an adjustment in the Conran Sum or an e#enston of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion, The Design Professional will receive and review written guarantres and related
documents required by the Contract for Constriction to be assembled by the Contractor and shall issue a final certificate for Payment Tryon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance ofthe Owner and Contractor under the requirements
of the Contract Documents on wrinen request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any rime limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent ofard reasonably infemble from the Contract Documents and shall
be in writing or in the form ofdrewings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Connacmr, and shall not be liable for results or interpretations or decisions ser 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 reader wainen 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 it) 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 Agreetnam 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 ConstonciOn Documents during
the Construction Phase.
ARTICLE3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Anicle 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for try the
- Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3 2 and 34 shall only be provided if
am uthonzed or confned 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 waiting that all or pan of such Contingent Additional Services arc 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 26.5 is required, the Design Professional shall provide one or rare Project
Representatives to assist in carrying out such additional on -site responsibilities.
322 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 ADDrIIONAL 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 Owners
progam or Project budget;
2. required by the enactment or revision ofcodes, laws or regulations subsequent to the preparation ofsuch documents, or
3, due to changes required M a result of the Owners failure to render decision in a Timely manner.
3.32 Providing services required because of significant changes in the Project including, but nor limited to, size, quality, complexity, or the Owners 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 connection with Change Orders and
Cousnaction Change Directives.
3.3.4 Providing connulettion concerning replacement of work damaged by fire or other cause during construction, and furbishing services required in connection with
The replacement ofsuch work.
3.3.5 Providing services made necessary is the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
Page 3 of 8
IT Wis0filank Fors\GENERAL CONDITIONS-ARCHITECT-FNGINEER.doc Revised 5-30-02
3.3.6 Providing services in evaluating an extensive number ofclaims submitted by the Contractor or others is connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal procttding except where the Design Professional is Pam, 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 corutection
with bidding or construction prior to the completion of the Consma Lion 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 pan due to the negligent act or omission ofthe Design Professional shall be performed by the Design Professional as a pan 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 ofthe Ossner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPr1ONALADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospective sites. _
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of govemmental authorities or others having jurisdiction over the
Project.
3.4.4 Providingservices rdativeto future facilities, sysuareand equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured dra sings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information famished 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 (honer.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses ofopenning and maintenance casts.
3.4.10 Making investigations, inventories of materials or equipmenk 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,
Mining 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 264, after issuance to the Owner of the final Cat fiaare for Payment and expiration of the Warranty
penod of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engincenng portions ofthe Project provided as a pan of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily famished 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 can -
striation 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 pan due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a pan of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Servwes. The
intervening or concurrent negligence ofthe 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 requirements for the Pmjecl, 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 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.
Page 4 of 8
H?Mist\Blank PormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5.30-02
4.4 1 be Owner shall designate a representative authorimd to act on the Owners behalf with respect to the Project. The Owner or such auth rrbcd 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 Iimagers and tail ity 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 suee6, alleys, pavements and adjoining property and
structures; adjacent drainage; rights -of -way, resuictions, casements, encroachments, mining, deed restrictions. boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and aces; and information concerning available utility services and limes, both
public and private, above and below grade, including inverts and depths. All theinformaion on the survey shall be referenced to a project benchmark.
4.6 where applicable, the Owner shall famish the services ofgeotechnical engineers when such services are requested by the Design Professional. Such services may
include but arc not limited to test borings, test pits, determinations ofsoil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
stsuviry 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 are requested by the Design
Professional sort are not remired by the Design Professional as pan of its Basic Services or Additional Services.
4.7 When not a pan of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall fumkh all legal, accounting and insurance counseling services as may he necessay at any time for die Project, including auditing services the
Owner may require to verify the Contractors Applications for Payment or to taxation 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 Seaton 4.5 through 4.8 shall be famished 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 pan of the Design Professional.
4.10 The Owner shall give prompt written natice 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 cenifiadions 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 of services beyond the scope of the Agreement.
ARTICLE 5 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
Specialty provided for by the Design Professional, plus a reasonable allowance for the Contractors overhead and profit. In addition, a reasonable allowance for eon-
tingencies shall be included for market conditions at the time ofbidding and forchanges in the work during construction.
5.1.3 Construction Cost does net include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-af-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
52.1 Evaluations of the Owners 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 Conoacmrs 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 east proposals will not vary
from the Owners 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 ofComuuction Cost shall be established as a condition ofthe Agreement by the famishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. Ifsuch a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and pace 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 often increase in the Contract Sum occurring after execution of the Contract
for Consouction.
5.23 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction mdus ry between the date of submission
of the Constmdion Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERS111P AND USE OF DOCUMENTS
6.1 the Drawings, Specifications and other documents prepared by the Design Professional for this Project arc instruments of the Design Professional's service and shall
become the property of the fThner 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 beat Owner's sole risk and expense. In the even da,
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 m that project f
Page 5 of 8
H.Visc\Blank FormstOENERAL CONDITIONS-ARCHITECT-ENGfNEER doc Revised 5-30-02
6.2 Submission or distribution of document 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 slurry days wnnen 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 woncn 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 ofsuch notice. No
wr ou a shall be due for lost or anticipated profit. 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 Ownas Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
ofservices 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 ofthe Design Professional's services
73 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 die 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 payment 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 my, upon seven days written notice to the Owner, suspend performance of services under the Agreement
7.6 In the event of Lamination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLES PAYMEN-ISTOTHE DESIGN PROFESSIONAL -
&1 DIRECT PERSONNEL EXPENSE
&LI 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 benefit related thereto, such as employment taxes and other statutory employee benefit, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefit.
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 consultant in the interest ofthe Project, as identified in the following Clauses.
8.2.1.1 Expense of trareponation in connection with the Project expenses in connection with authorized out -uptown travel, long-distance communications;
and fees paid for securing approval of authorities havingjurisdiction over the Project.
8-2.1.2 Expense of reproductions (except the reproduction of the sets of document referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.13 Ifinith. zed in advance by the Owner, expense ofovenime work requiring higher than regular ales.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense ofcompmer-aided design and dmfling 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 Payment 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 perod 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 ACCOIJNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professionals AdditionalServices and for Reimbursable Expenses shall be made monthly within 30 days after the
prescral ion to the Owner of the Des ign Professional's statement of services rendered or expenses incurred.
Page 6 of 8
H.Wis613 ank Fon OGENFRAL CONDITIONS-ARCHITECT-ENGINEER.doe Revised 5-30-02
8.5 PAYMENTSWFFUHELD No deductions shall be made from the Design Professional's compemation on account ofpenalty, liquidated damages or other sums withheld
from payments 10 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 ACCOUYfOSG RECORDS Design Professional shall make available to Owner or Owners authorized representative records of
Reimbursable Lxpenses 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 ofthe final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later
ARTICLE9 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 coup costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions ofthe Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a parry to the Agreement, and nothing herein shall waive any ofthe parties' defenses,
both at law or equity, to any claim, cause of action, or litigation fled by anyone not a party to the Agreement, including the defense of govemmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the fallowing 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 afoot less than $I 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 S250,000 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 S500 000 for each accident, and with property
damage limits afoul 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 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 ofthe 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 ofthis Article 10,
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws ofthe State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The rimer and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and in
the partners, successors, assigns and legal representatives of such other parry with respect to all covenants of this Agreement, The Design Professional shall not assign its
interests in the Agreement without the written consent ofthe Owner
11.3 The term Agreement as, used herein includes the executed Agreement, the Pmpmal, these General Conditions and other attachments referenced in San. 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. When interpreting the
Agreement the executed Agreemenk Proposal, these General Conditions and the other murchmm s 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
I. The executed Agreement
2. Attachments referenced in Section 3 ofthe Agreement other than the Proposal
3. These General Provisions
4, The Proposal
11.4 Nothing contained in the Agreement shall create a contactual relationship with or a cause of action in favor of athird pain against either the Owner or Design
Professional. -
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owners
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The (Tuner shall provide professional credit for the Design Professional on the construction sign and in she promotional materials forthe Project.
Page 7 of 8
If Misr\Blank Forms\GENERAL CONDITIONS -ARCHITECT -ENGINEER doc Revised 5-30-02
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 subconsuliants 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 Owoer 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 comperentjurisdiction 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 ponies 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 ofthe stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local Imes, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hercinarl 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 'fhe captions ofthe Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions ofthe Agreement.
Page 8 of 8
11 \Misc\Blank Forns\GENERAL CONDITIONS-ARCHITECT-ENGiNEER.doc Revised 5-30-02
ATTACHMENT A
AMMENDMENT TO GENERAL PROVISIONS
Replace the language in 2.5.2 of the General Provisions with the following:
2.5.2 The Owner agrees that the Design Professional has no control over bids received
from Contractors. In the event that bids exceed, the budget, the opinion of probable
construction cost and the Owner dictates that the project shall be modified and rebid.
Those services are not included in this contract and shall be considered additional
services.
Schedule
A proposed schedule is provided in Attachment B. In the event that the schedule is
delayed beyond control of the Design Professional, the schedule shall be equitably
adjusted to the agreement of both parties.
m C
O
N
J
a
n C
in
O
O
c
O
N y
7
N d
R
t
d d R
a
_
m
m
m
m
m
e
m
m
m
m in
m
0
m �n
0
0
m
0
m
0
e
0
0
0
0
0
0
0
0
O
O
o
0
0
0
0
0
0
0
0
0
0
r i
T
N
N
T
N
N
T
N
T
N
T
N
T
N
T
N
T
N
T
N
T
N
T
N
T
Z O U
T
T
R
N
N
T
T
R
T
W
c
E
d
D O
_w.N
o
N
a
V 0
w E d
Q U
c
3
_
cc
_
a�
-
cn
-
o
-
L
b
R
R{
N
E
d
R
O
U
N
c
N
u
0
O
Y
d O
a
0
a
b
C
R
L
R
C
O
L
d
4
L
U
C
d
d
>eo
d
N
.
j
c
O`
C
c
p
N
N
=
N
V
N
al
o
N
m
O
t
0
°
o
d
E
o
in
o
rn
o
a
o
0
o
LL
o
U
0
d
W
0
Z
2
Z
Z
q
d
N
N
O
dm
Y
1-
d
U
K
O O
O
u �
O
N
n
IF
ddi
—
a`o
m C
o @
O
¢
jrrr
o @
1rT
Y;
O
�
c
R O
N N W
@
@
E E v
.................................... ........
C
w w �
O
O
O
O
O
W
lL
O
co
°
{3
FJ.
F
1�
Fes-
!�
F
H
f
`L
3
Y
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
O
a
O
O
N
N
�fl
p;
O
N
O
N
N
m
Z
•;
P
P
m
y
N
M
M
N
N
M
@
Cl
O
E
d
m
U 0 d
3 ° i
d E o
QUD
c
3
�
o
5
-
O
2°
Y.
u
d
d
�
wq
0
d
J
a
N
a
o
C
N O
2`
c �
m
H
w
a
mo
Z
vi
m
r
C6
of
y�
s
no
o
M
M
M
M
M
M
M
M
m
M
O
O
P
N
P
d d
O_N
-
N
N
N
N
N
N
N
N
M
ao
m �
o�
V
U
J
p3
V
U
b
O
y N
N d
J
N
f d
% R C
E
c
........................................................
v
J
m
m
n
n
r
n
n
n
n
r
n
n
n
n
n
r
r
n
n
n
n
r
N
C
c
d
d
d
>a
>D
J
o
o
J
c
c
c
c
c
m
LO
Z U
T
W
N
N
N
17
V/
ADO
i0
�
m
E
=w-N
U
A
E a
QUD
c
3
-
/R
T
_
C
d
0
N
Y
S
c
E
o
U
E
N
u
a
A
m
u
O
b
C
ii
d
N
D
A
u
N
a
y
O
D
N
C
O
O
V
a
T
yU
C
d
a
T
Z
O
t]
()
S
m
n
Z
o
u
d
g
u
u2
m
w
2
o
a
o
c
2
2
-2
Q
a
N
00
N
d
Cl
N
IO
b
E
%
m
D
m
O
m
O
O
O
b
Z
O
N
N O
d m
Y
N
F
% O
O C
� O
V
�
9
N
Q
Q
Q
O
Q
m
Q
n
p
m
Q
OI
Q
O
Vt
^
V]
N
i(1
I")
N
Q
�
m
N
m
N
n
O
m
N
O)
m
O
t0
^
m
N
m
[7
m
ry
a❑
ATTACHMENT C
Kimley-Horn and Associates, Inc.
Company Wide Rates
(Hourly Rate)
Senior Professional 11
$155 - $190
Senior Professional
$125 - $165
Professional
$65 - $110
Designer
$100 - $115
Technical Support
$55 - $95
Clerical/Administrative Support
$55 - $75
Effective January 1, 2006
P:\000008.024TENfOMRoseta" WL\scope\att_c mte_schedule.doc
Design Professional's Proposal
SCHEMATIC DESIGN PHASE
1) Preliminary Investigation
a) Data Collection and Record Research
i) Gather existing survey and topographic data.
ii) Gather existing aerial photographs.
iii) Gather existing water, sanitary sewer and storm sewer record
drawings.
iv) Gather existing paving plans.
v) Gather existing development plans.
vi) Gather existing plat information.
vii) Collect property owner and record information.
viii)Gather existing right-of-way and easement information.
ix) Gather existing franchise utility record information.
x) Organize record information into project database.
b) Site Investigation
i) Walk Owner proposed alignment.
ii) Document alignment corridor with photographs.
iii) Identify potential alignment, conflicts and issues.
c) Data Review with Owner's staff
i) Meet with Owner's staff to review accuracy of record information.
ii) Interview Owner's staff concerning historical, existing and future
conditions along the alignment.
2) Design Survey
a) Utility and Property Owner Coordination
i) Coordinate with DIG TESS and City of Denton to locate and mark
existing franchise and public utilities prior to performing the field
survey.
ii) The Owner shall arrange and make all provisions for access to perform
the services specified within this scope. The surveyor shall provide the
Owner with the name and address of the property owners.
b) Design Survey
i) The limits of the survey shall be a 60 foot wide alignment generally
running adjacent to Roselawn Drive.
ii) Establish six (6) horizontal control points based on the City of Denton
Coordinate System using '/-inch rebar with identifiable plastic cap,
specific for this project.
iii) Establish a vertical control benchmark circuit tied to the City of Denton
benchmark system, specific for this project.
iv) Perform a field survey to identify and locate existing topographic
elements within the alignment corridor including, but not limited to, the
following:
Page 1
P9000008.024\DENTON\Roselaw WL\seope\firel_=ope.doo
(1) Property pins
(2) Existing pavement, curbs, sidewalks, barrier free ramps, etc.
(3) Lane striping
(4) Driveways
(5) Existing storm sewer inlets, manholes, junction boxes, outfalls, and
erosion control
(6) Culverts and bridges
(7) Guardrail
(8) Utility manholes, vaults, water valves, water meters, sprinkler
heads, telephone poles, power poles, utility markers, other public
utilities, and franchise utilities
(9) Traffic signal poles, cabinets, and other signal equipment
(10) Signs (excluding temporary signs)
(11) Trees, 6-inch caliper and up
(12) Buildings
(13) Retaining walls
(14) Fence limits and material types
(15) Other applicable physical features that could impact design:
(a) Field ties to the existing edge of pavement on Roselawn Drive
will be collected.
(b) Field sketches of utility manholes and structures.
(c) Prepare a final topographic drawing in digital format (including
one foot contours and breaklines) showing the features located
in the field as well as right-of-way strip map information, an
ASCII coordinate file of the points located in the field, and a
hard copy of the coordinates and feature descriptions.
3) Geotechnical
a) Perform a geotechnical analysis of the site utilizing a qualified
geotechnical laboratory to determine subsurface conditions and make
recommendations regarding design parameters. The geotechnical
analysis shall include the following:
i) Subsurface exploration including five (5) sample bores at
approximately fifteen (15) feet depths.
ii) Laboratory tests for classification purposes and strength characteristics
iii) Engineering services that address soil and groundwater conditions as
well as recommendations for earthwork.
b) A geotechnical report will be furnished by the geotechnical engineer to
present the results of the field and laboratory data as well as analyses and
recommendations. Three (3) copies of the report will be provided by the
geotechnical engineer, with one (1) copy going to the Owner. The data
contained in the geotechnical report will be made available to contractors
during the bidding process for information purposes.
Page 2
P'.\000008.024\DEVTON\Roselaw WUscope\fim1_xope.doc
4) Cathodic Protection System
a) Document Review and Project Management
This task consists of all the preparatory workrequired for the task. The
specific elements are as follows:
i) The Design Professional will review the water line alignment with
respect to crossings of foreign pipelines and paralleling utility systems.
Existing cathodic protection systems and locations of foreign line test
stations will be identified. Foreign pipeline crossings will be considered.
ii) The Design Professional will evaluate the water line alignment for
possible induced AC interference and the need for protection under
fault conditions.
b) Cathodic Protection Field Survey
i) The Design Professional will obtain soil resistivity measurements at
intervals not to exceed 1,000-feet using ASTM G-57=95. The
measurements will be taken to depths of 5, 10, and 15-feet.
ii) The Design Professional will test soil samples for moisture content, pH,
chloride ion and conductivity. Water samples will be similarly tested'
with the addition of sulfate ions.
iii) The Design Professional will create dimensional field sketches of
possible locations for cathodic protection anodes. Locations of
secondary AC service and sites for the installation of power supplies
will be noted.
c) Data Analysis and Lab Work
i) The Design Professional will evaluate soil resistivity test data including
the use of Barnes Layer techniques for determining resistivities of the
soil layer where the proposed waterline is to be installed.
ii) The Design Professional will test soil samples in the laboratory for
moisture content, pH, chloride ion concentration, sulfide ion
concentration and conductivity. Water samples will be similarly tested,
with the exception of moisture content. Sulfate ion concentrations will
be determined for water samples as well.
iii) The Design .Professional will tabulate and analyze AC and DC
interference test data using computer models.
iv) The Design Professional will compile data and analyze the conditions
for galvanic and electrolytic corrosion along the proposed pipeline
route will be performed.
d) Corrosion Protection Design
Following the analysis of the electrical data and the soil test results,
corrosion protection and AC/DC interference mitigation requirements Will
be defined for 2 pipe types (bar wrapped concrete pressure pipe and
ductile iron pipe) for the proposed water line. Design criteria will include
minimizing the impact of the severe soil stresses in the area and a
preference for sacrificial anode versus impressed current cathodic
protection. Specific design deliverables will include:
i) Prepare recommendations for protective coatings based upon AWWA
standards for the proposed water line.
Page 3
R;1001N103 0?J1DChTUMRnsclax n W I ASCnpclfIMI_SMC d"
ii) Prepare a report that documents test data, analysis and an opinion of
probable construction cost for cathodic protection and interference
control systems, plans and specifications.
5) Temporary Easement Instruments of Conveyance Preparation
a) Prepare temporary easement instruments (narrative and graphic exhibits
as required for proposed water line along Roselawn Drive).
i) Up to twelve (12) instruments are anticipated
b) Individual parcel exhibits shall be on 8 '/2"x11" paper, shall be sealed,
dated, and signed by a Registered Professional Land Surveyor (three (3)
originals of each, Owner to provide standard language), shall conform to
standard format provided by the Owner and shall contain the following at a
minimum:
i) Parcel number
ii) Area required
iii) Area remaining
iv) Legal description
v) Current owner
vi) Any existing platted easements or easements filed by separate
instrument including easements provided by utility companies
vii) All physical features
viii)Metes and bounds description of temporary easements to be acquired
The description shall be provided on a separate sheet from the exhibit.
Each type of easement shall be described separately
ix) The Owner will be responsible for preparing the legal instruments.
6) Easement Acquisition
a) The Owner will perform easement acquisition.
7) Preliminary Design
a) Project Management
i) Develop project communication plan.
(1) Develop project contact list.
(2) Conduct progress meetings to monitor the development of the
project. During this phase of the project, conduct up to:
(a) Two (2) meetings with the Owner regarding project status and
coordination issues
(3) Prepare and e-mail progress reports to the project team twice a
month (Owner and Design Professional Staff).
ii) Document design criteria (coordinate with the Owner's staff) .
iii) Project Administration
(1) Prepare project correspondence and invoicing documents.
b) Field verification of survey and base map
c) Preliminary water line layout approval
i) Prepare horizontal layout of waterline on base map.
ii) Prepare cross sections at key locations for clarity.
Page 4
R%000008.024%DFNTOMRoselmm WL1=DpeVina1scope.doc
ii!) Identify horizontal and vertical clearances and conflicts.
iv) Identify temporary easement requirements.
v) Identify locations for additional subsurface utility investigations.
vi) Identify permitting requirements.
vii) Meet with the Owner's staff for review and consensus on the
preliminary layout.
d) Preliminary Water Line Plan/Profile Preparation
i) Prepare (22"04") Plan/Profile sheets at a 1"=40' horizontal and 1"=4'
vertical scale.
ii) Plan view of the base map shall have all above ground features shown
and clearly labeled along with existing utilities based on field ties and
record information.
iii) Plan view shall include design notes for stationing, connections, tees,
fire hydrants, valves, and horizontal bends.
iv) Profile shall include design notes for stationing, size, slope, top of pipe,
pipe material, embedment, length and construction method.
v) Prepare preliminary water line design details; including a cathodic
protection system.
vi) Site verification of preliminary design.
e) Franchise Utility Coordination
i) Send one set of plans to each franchise utility for their review. Request
each franchise utility to mark up the plans to show the size, type, and
location of their utilities.
ii) Coordinate with the franchise utilities if any relocations are required.
Notify the Owner if any relocations will be required.
f) Prepare preliminary general notes and details.
g) Prepare preliminary special technical specifications.
h) Compile and prepare an updated opinion of probable construction cost for
the entire project using recent average unit bid prices which are
representative of similar types of construction in the local area.
i) Deliverables - Preliminary design submittal (60%)
i) Submit four (4) copies to the Owner for review and comment.
ii) Submittal shall include the following:
(1) Preliminary design plans (22"04")
(2) Preliminary technical specification
(3) Opinion of probable construction cost
id) Address Owner comments and submit four (4) final (11"x1T)
preliminary plan sets,
j) Meetings
i) Attend one (1) meeting with the Owner's staff to kick-off preliminary.
design.
ii) Attend one (1) meeting with the Owner's staff to present and review
the draft preliminary plan.
Page 5
P:\000008.024\DENTON\Roselam WL\swpe\fiml_scope.doc
DESIGN AND DEVELOPMENT PHASE
8) Final Design
a) Incorporate the preliminary design submittal review comments (one (1)
round of comments anticipated in proposed effort).
b) Prepare updated opinion of probable construction cost.
c) Incorporate franchise utility investigation information.
d) Deliverables:
i) Final design submittal (95%)
ii) Submit four (4) copies to the Owner for review and comment.
iii) Submittal shall include the following:
(1) Final design plans
(2) Technical specifications
(3) Opinion of probable construction cost
iv) Submit final plans to the following regulatory agency for review: Texas
Commission on Environmental Quality (TCEQ) and the Texas
Historical Commision.
e) Meetings
i) Meeting with Owner to review 95% Plans.
9) Railroad Permit
a) Prepare the Railroad application and associated drawings related to a
required permit for crossing the Kansas City Southern Railroad.
b) Submit the application to the Owner for processing.
c) Owner shall pay all fees associated with the railroad permit.
CONSTRUCTION DOCUMENTS PHASE
10)Bid Specifications and Construction Contract Documents
a) Based on comments from the Owner, prepare final bid specifications,
construction contract documents, bid plans, and opinion of probable
construction cost.
BIDDING PHASE AND CONSTRUCTION CONTRACT EXECUTION
11)Bidding Phase Services
a) Make available for bidding, upon request by the Owner, one (1)
reproducible set of final approved and dated plans and specifications and
contract documents for bid of the project to the Owner for reproduction
and distribution to potential bidders.
b) Provide assistance to the Owner during bidding by preparation and
delivery of addenda to plan holders and responses to questions submitted
by plan holders.
c) Attend a scheduled pre -bid conference.
d) Attend bid opening.
e) Review bids for completeness and accuracy.
Page 6
P'A000008.0240ENTWRoselawn WDSeopeUmal_scope.doe
f) Develop bid tabulation spreadsheet and provide the Owner four (4) hard
copies and in electronic format along with award recommendation.
g) Conformance plans and specifications:
i) Based on potential questions and addenda from the bidding phase,
prepare conformance set of plans and specifications to be used during
construction.
(1) Provide six (6) sets to the Owner for execution.
CONSTRUCTION PHASE
12)Construction Phase Services
a) Pre -Construction Conference
i) Design Professional will attend a Pre -Construction Conference prior to
commencement of Work at the Site.
b) Control Staking
i) Using information provided with the design surveys, provide the
selected contractor with the necessary on -site survey control data to
facilitate the Contractor's efforts to provide construction staking for the
project.
13)Record Drawings
a) Obtain and review comments and field changes on the construction plans
from Owner and/or Contractor.
b) Prepare record drawings based on comments and field changes. Since
the Design Professional will not be providing resident engineering services
and not observing on a full time basis, the Design Professional will not
seal the record drawings. The record drawings will be provided in the
following format:
(1) Mylar Hardcopy (1) copy
(2) PDF (1) electronic copy
Additional Services
Services not specifically identified in the Scope of Services above shall be
considered additional and shall be performed on an individual basis upon
authorization by the Owner. Such services shall include, but are not limited to,
the following:
• Traffic Control Plan
• SWPPP Plan
• Cathodic Protection System Design
• Traffic signal design
• Soils and/or material testing
• Sidewalk design • Design of any offsite drainage improvements beyond the improvements
identified in the scope
• Preparation for and attendance at public meetings
Page 7
P:\000008.02ADFNTON\Rosela" WL\scope\flnal scope.doc
• Furnish additional copies of review documents and/or bid documents in
excess of the number of the same identified above.
• Assist the Owner as an expert witness in litigation in connection with the
project or in hearings before approving and regulatory agencies.
• Redesign to reflect project scope changes requested by the Owner,
required to address changed conditions or change in direction previously
approved by the Owner, mandated by changing governmental laws, or
necessitated by the Owner's acceptance of substitutions proposed by the
contractor.
• Easement acquisition services beyond that in the scope:
• Appraisals
• Contacting property owners
• Condemnation support
• Offer letters
• Submittal to Texas Department of Licensing and Registration (TDLR) for
ADA requirements.
• Construction staking
• Landscape / Irrigation Design
• Retaining wall design
• "Value engineering"' after bidding
• Traffic studies or reports
• SWPPP inspections / coordination
• Any services not listed in the Scope of Services
Budget Detail
The following detail outlines the budget for each task in the above Scope of
Services. Compensation for the project is detailed in Section 2 of the
Professional Services Agreement and General Conditions Section 8.3.
TASK
BUDGET
1)
Preliminary Investigation
$3,800
2)
Design Survey
$27,600
3)
Geotechnical
$6,400
4)
Cathodic Protection System
$9,700
5)
Temporary Easement Instruments of
Conveyance Preparation
$21,100
6)
Easement Acquisition (Owner)
N/A
7)
Preliminary Design
$29,500
8)
Final Design
$24,300
9)
Railroad Permit
$2,600
10)
Bid Specifications and Construction
Contract Documents
$5,100
11)
Bidding Phase Services
$5,300
12)
Construction Phase Services
$6,100
13)
Record Drawings
$3.000
Total
$144,500
Page 9
PA000008.024\1DFNTOMRosela" WL\scope\Gnal scope.doc