HomeMy WebLinkAbout2006-199ORDINANCE NO.2006- 199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE FIRM OF FREESE AND NICHOLS, INC. TO PROVIDE
ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN OF THE SHADY OAKS
DRIVE EXTENSION AND BRINKER ROAD EXTENSION PROJECTS IN AN AMOUNT
NOT TO EXCEED $381,583; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Freese and Nichols, Inc., a professional engineering firm (the "Provider") is
being selected as the most highly qualified entity on the basis of its demonstrated competence
and qualifications to perform the proposed professional services for the city; and
WHEREAS, attached hereto and made a part hereof by reference is a proposed
professional services agreement (the "Contract") by and between the City and the Provider to
perform engineering services associated with the design of the Shady Oaks Drive and Brinker
Road extension projects; and
WHEREAS, the fees under the Contract are fair and reasonable and are consistent with
and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Council hereby approves the Contract. The City Manager, or his
designee is hereby authorized execute the Contract on behalf of the City and to carry out the
rights and duties of the City under the Contract, and is authorized to expend funds as required by
the Contract. A true and correct copy of said Contract is attached hereto as Exhibit "A."
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. y
PASSED AND APPROVED this the "day of , 2006.
�VIERRY cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
1
By:
SAOur Documents\Ordinances\06\Freese & Nichols-PSA-Shady Oaks and Brinker Projects-2006.doc
Page 2
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the /0 f� day of
20_00, by and between the City of Denton, Texas, a Texas municipal
eorrlratio , with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "Owner" and Freese and Nichols, Inc., with its corporate office
at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 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,
The City of Denton Shady Oaks Drive extension and Brinker Road extension (the
Project) will include preparing plans and specifications for the following facilities:
• Shady Oaks Drive Extension — Approximately 4,200 linear feet (LF) of a 4-Lane
Divided Secondary Arterial from the existing dead end of Shady Oaks Drive to Loop
288 including sidewalks on both sides of the roadway, underground drainage
improvements, and a Pecan Creek Tributary crossing structure.
• Brinker Road Extension — Approximately 2,450 linear feet (LF) of a 4-Lane Divided
Secondary Arterial from Spencer Road to the proposed Shady Oaks Drive including
sidewalks on both sides of the roadway and underground drainage improvements.
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Design Professional Agreement Revised 5-30-02
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 $ 245,280.
Progress payments for Basic Services shall be paid monthly on a percentage basis for total
compensation for the Basic Services satisfactorily completed at the end of the design and bid
phases of the Project.
2.2 SPECIAL SERVICES
2.2.1 For the Lump Sum Special Services the total compensation shall be as follows
Hydraulic Analysis $23,100
Environmental Permitting Assistance $33,500
Special Services Subtotal (Lump Sum): $56,600
Progress payments for Lump Sum Special Services shall be paid monthly on a percentage
basis for total compensation for the Special Services satisfactorily completed at the end of the
design and bid phases of the Project.
2.2.2 For the Cost Plus Max Special Services the total compensation shall be as follows
Topographic Field Survey $35,200
R.O.W. and Easement Documents $13,283
Geotechnical Engineering $11,220
Archeological Survey $16,500
Special Services Subtotal (Cost Plus Max): $76,203
Progress payments for Cost Plus Max Special Services shall be paid monthly on a time and
materials basis not to exceed total compensation for the Special Services satisfactorily
completed at the end of the design and bid phases of the Project.
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Design Professional Agreement Revised 5-30-02
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services is as follows:
Will be based on the attached schedule of charges.
2.3.2 Compensation for Additional Services of the consultant (FNI), including additional
structural, mechanical and electrical engineering services shall be based on a multiple of 2.08 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 employees and consultants in the interest of the Project as
defined in the General Conditions but not to exceed a total of $3,500 without the prior written
approval of the Owner.
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Design Professional Agreement Revised 5-30-02
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
3. Attachments SC-1 through CO-1.
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JEN IFER WALTERSf , Y SECRETARY
BY:M tt1 (\,L � 1 � ,Q X ho .t , .
APPROVED AS TO LEGAL FORM:
ED SN�,D R, 4A RNE
I
BY:
WITNESS:
BY:
�/��
CITY OF DENTON
BY:
HOWARD MARTI
INTERIM CITY MANAGER
Freese W
'ls, Inc. _,
BY:-7`C _
ROBERT F. PENCE, RE, BCEE
President and CEO
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Design Professional Agreement Revised 5-30-02
1 CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTTJRAL OR ENG
ARTICLE I. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
11 The Architect or Engineer's services moist of those services forthe Project (as defied in the agreement (the "Agreement') and proposal (the "Proposal") to which these
General Conditions are attached) pedommed by the Architect or Engineer (hercinattcr maned the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Suvicce.
L2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards wnsistentwith the level of care and skill ordinarily
exercised by membens ofthe same profession caaently practicing in the same locality under similar conditions, including reasonable, infono djudgments and prompt timely
actions (the "Degrce of Caro''). Ilia Services shall be performed as expeditiously ass consistent with the Degree of Care necessary for the orderly progress of the Project
Uponrequest ofthe Owner, the Design Professional shall submit for the Owners approval a schedule for the pednrmance ofthe Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owners review and for approval of aubmisdons 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 patties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist ofthose described in Sections 22 through 16 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 24. The Basic Services may be modified by the Agreement
2.2 SCHEMATIC DESIGN PHASE
2.11 The Design Professional, in consultation with the Owner, shalt develop a written program for die Project to madain Owners needs and to establish the
requirements forthe 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 ofthe other, subject to the limitations set forth in Subsection 5.2.1..
2.23 Tha Design Profcsslonai shall review with the Owner alternative approaches to design and construction ofthe ProjwL
2.14 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepame, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. Tlu Schematic Design shall
contemplatemmpliance with all applicable laws, statutes, ordinances, codes and regulations.
2.25 The Design Professional shall submit to the Owner a prelluinmy detailed estimate of Construction Cost based on current area, volume or otter 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
mumencementto the completion ofconsfruction.
2.3 DESIGN DEVELOPMENT PRASE
23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fur and describe the sae and
character of the Pmject 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, ordmancM codes and regulations. Notwithstanding Owners approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project
23.2 The Design Professional shag advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
is Section 2.2.5.
2A CONSTRUCTION
2A.1 Based on the approved Do* 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 Dmwings and Specifications setting
firth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procwement information, bidding or procurement forms, the
Conditions ofthe contact, and the form of Agreement between the Owner and contractor
2A3 The Design Professional shall advise the Owner of my adjustments to previous preliminary estimates of Construction Cost indicated by changes in r0quireme1005
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents regrind for the approval of governmental
authorities havmgjurisdztioa over the PmjecL
2.5 CONSTUCTION CONTRACT PROCUREMENT
25.1 The Design Professional, following the Owners approval of the Construction Documents and of the law preliminary detailed estimate of Construction Cost,
shall assist the Owacr in procuring a construction contract for the Project through any procmetrem method that is legally applicable to the Project including without
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limitation, the competitive sealed bidding p%' s. Although the Owner will consider the advice of the Desrb. omssional, the award of the construction contract is in
the sole discretion ofthe Owner.
25.2 Hthe construction contract amont for the Project exceeds the total construction war of the Project m set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, Will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity a quality of the work so dear the total construction war of the Project will not exceed
the total construction war set forth in the approved Detailed Statement of Probable Construction Costs..
2.6 CONSTRUMON MUSE- ADMIN'MRATION OF THE CONSTRUCTION CONTRACT
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 ad terminates at the issuance to the Owner of the final Certificate for payment, unless extended under the terms ofSubsmtion 8.32.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set fort below. For design professionalss the administration
shall also be in accordance with ADA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City ofD enton special conditions, antes otherwise provided in the Agreement For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the dam of the Agreement, unless otherwise
provided is the Agreement,
2.63 Construction Phase duties, responsibilities and limitations of authority of fine Design Profesional shall not be restricted, modified or extended without written
agreement oftlreOwner and Design Professional.
7.6.4 Ile Design. Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority toad oa behalf of the
Owner only, to the extem provided in the Agreement and these General Conditions, unless otherwise modified by written instrument
2.65 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality ofthe work completed and to determine if the work is being performed in a numu"
indicating that the work when completed will be in accordance with the ConhactDocuments. Design Professional shall provide Owner a written report subsequent to
each on -site visit Oa the basis of on -she observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Caro and diligence in discovering and promptly reporting to the Owner my observable defects or deficiencies in the work of Contractor orany
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 my defective designs or specificmions furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or my part of the Design Professionals 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 stall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Profesionat 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 failme may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions ofthe Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions ofthe work
2,6.7 The Design Professional shaft at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall bethrough the Design Professional.
2.69 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
shell 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 die site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contact Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The isstnnce 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 orprocedares, or (2) ascertained how or forwhat purpose the Contractor
has used money previously paid on account of the Contract Sum
2.6.11 The Design Pmfrssional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
perfomningportions of the work.
L6.12 The Design Professional shall review and approve or take other appropriate action upon Contractors submittals such 0 Shop Drawings, Product Data and
Samples for die purpose of (1) determining compliance with applicable laws, stainum ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or m the construction of the Owner or of separate oontmcmrs, while allowing sufficient time in the Design Professionars professional judgment to
permit adequate review. Review of such subnotmis is not conducted for the purpose ofdeternaking the accuracy and completeness ofother 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 Contactor to the extent required by the Contract Dowrents. The Design Professionars review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction meets, 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 ofperformance characteristics
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of materials, systems or equipment is -VA j the Contract Documents, the Design Professional shall be I ..d 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 dam if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owne's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which am net inconsistent with the intent
ofthe 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 Find 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 ofthe 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
prompmess and within my time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithfiil perfommuce
by both Owner and Contractor, and shall not be 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 ofnegligence.
2b.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
Connactrrelaliag 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 my of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Outer with four sets of reproducible prints showing all significant changes to the Consmction Documents during
the Construction Phase.
ART'ICLE3 ADDITIONALSERVICES
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 Agreemed, in addition to the compensation for Basic Savices. The services described under Sections 3.2 and 3.4 shill 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 Professionars control, the Design Professional shall ratify 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 part of such Contingent Additional Services are rut required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for comperesamag the Design Profeasional Ibr Contingent Additional Services ordy if
they aR not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
31.1 If mom extensive representation at the site than is described in Subsection 2.65 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional ousae responsibilities.
3.12 Project Representatives shall be selected, employed and db%W by the Design Professional, and the Design Pro&ssiond shall be compensated therefor as
agreed by the Owner and Design Professional.
33 CONTINGENT ADDITIONAL SERVICES
33.1 Making material revisions in Drawings, Specificatious or other documents when such revisions are.
1. inconsistent with approvals or iashuctious previously given by the Owner, including revisious made necessary by adjustments in the Owner's
programer Project budget;
2. required by the enactment or revision ofco&.%laws m regulations subsequent to the preparation of such documents, or
3 due to changes required as ams ltof the Owners fail= to reader decision in atimely manner.
332 Providing services required because of significant changes in the Project including, but not limited to, sin, quality, complexity, or the Owner's schedule, except
for services required under Subsection 152..
333 Preparing Dmwings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives
3.3.4 Pmvidiug consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in convection with
the replacement of such work
335 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.
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33.6 Providing serviom m evaluatingan extensive numberof claims submitted by the Contractor orothers ins connection with the work
33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
33.8 Providing services in addition to those required by Article 2 forpreparing documents for altemate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion oft the Construction Documents Phase.
33.9 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 am or omission ofthe 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 33 9
3.4 OPTIONALADDITTONAL SERVICES
3.4.1 Providing financial feasibility or other special studies
3A.2 Providing planning surveys, site evaluation or comparadve studies of pmspective sites
3.43 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project
3.4.4 Providing services relative to f rtme facilities, systems and equipment.
3A5 Providing services to investigate existing condition or facilities or to make measured drawings thereof
3.4.6 Providing services to verify the accuracy of drawings or other information famished by the Owner
3A.7 Providing coordination ofeonsruction performed by separate contractors or by the Owner's own forces and coordination ofservices 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 ofoperalivg and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuation 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, fiunishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of dw final Certificate for Payment and expiration of the Warranty
period ofthe Contract for Construction.
3A IS Providing services of consultants for other than architecdual, civil, metural, mechanical and electrical engineering portiere ofthe 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.
3A.17 Preparing a set of reproducable record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked -up prints, drawings and otherdsm furnished by the Contractorto the DesigaProtbssional
3.4.18 Notwidn anding anything contained in the Agreemerq Proposal or fcse General Condition to the cenhaty, all services described in this Article 3 that ere
armed or necessitated in whole or in part due to the negligent act or omission ofthe Design Professional shall be performed by the Design Professional as a part ofthe
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Prolazional for the Basic Services. The
intervening or concurrent negligence ofthe Owner shall not limit the Design Professional's obligation andathis Subsection 3.4.18.
ARTICLE4 OWNER'SRFSPONSMUATIES
4.1 The Owner shag consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.11
4.2 The Owner shag establish and update an overall budget for the Project; including the Construction Cost, the Owners other costs and reasonable contingencies
related to all ofthese cos!.
43 If requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to fulfill the Ovzner's obligations under this
Agreement
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4.4 The Owner shall designate a represenid. authorized to act on the Owners behalf with respect to the li. t The Owner or such authorized represem soive shall
reader 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 ofer Design Profusionars services.
4S Whom applicable, the Owner shall furnish surveys deaeribmg physical chs rxcteristics, legal Wnitations and utility locations for the siteofthe Project, and a written
legal description of the she. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights -of -way, restrictions, easements. encroachments. waing, deal restrictions, boundaries and mnmurs of the site; locations,
dimeasions 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 thesurveyshall berofermced to apmjectbenchmnrk
4.6 Where applicable, the Owner shall furnish the services ofgeotecbaical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to rest borings, test pis, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion Sold ro-
sistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 Wbcn not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, sir and water pollution tests, tests of hazardous materials,
and other labommry and environmental teats, inspections and reports required by law or the Contact Documents.
4.8 The Owner shall furnish all Icgal, accormting and insurance counseling services as may be necessary at any time for the Project, including auditing Services the
Owner may mgnire to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalfofthe0amer.
49 The services, information, surveys and report required by Owner under Sections 4.5 through 4.8 shall be famished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution The Owneragrecs not m request certifications that would require
knowledge or services beyond the scope offl a Agmeemem,
ARTICLE5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFNED
5.1.1 The Construction Cost shall be the total costoreslaratod cost to the Owner of all elements of the Project designed or specified by the Design Professional.
&1.2 The Construction Cost shall include the cost at cuncut market rates; of labor and materials famished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Coutractes overhead and profit In addition, a reasonable allowance for cou-
tmgwcies shall be included for market conditions at the time ofbiddiog and for changes in the weds during construction.
S.L3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rightsof--way,
financing or other cost 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, prelindmry estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's beat judlim m a design pmfossianal thrniliar with the coustiuction industry. ll is recognized. however, that neither
the Design Professional for the Owner has conml over the cost of labor, materials or equipment over the Contractor's methods of determining bid prigs, 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 orevaluation 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 furaishing, proposal or establishment of a Project budget, unless
such fixed limit bats 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 liruhs, if ray, shall be increased in the amount ofan increase in the Contract Sum occurring after execution of the Contract
forcmmstruction.
513 If the Procurement Phase bas not commenced within 90 days after the Design Professional submits the Construction Documents; to the Owner, my Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level ofpricee in the construction industry between the dam of submission
oft Construction Documents to the Owner and the dam on which proposals are sought
ARTICLE 6 OWNERSEEW AND USE OF DOCUb1EN1'S
6.1 The Dmwmgs, Specifications and other documents prepared by the Design Professional for ibis 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 Agrermment 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
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ILWiscTlank FormstGENBRAL CONDITIONS-ARCHITECT-ENGINEERdoc Revised 5-30-02
62 Submission or distribution ofdocumeals to met official regulatory requirements or forsiadlar purposes in connection with the Project is not to be construed as publication
iu derogation of the Design Professional's reserved rights.
ARTICLE 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
reins 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 sba8 cease immediately upon Design Professional's receipt of such
notice. Befnco 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 orgnn and form Should Ownersubsequently conbact with a new Design Professional for continuation
u
ofservices on the Project, Design Professional shall cooperate in providing information
7.2 If the Project is suspended by the Owner for mom 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 in provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
73 The Agreement may be ummiaated 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 rrore than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Fail= ofe Owner to make payments to the Design Professional forwork 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 paymem to Design Professional within thirty (30) days of receipt of a statement far services property and satisfactorily performed, the Design
Pofessional may, upon seven days written entice to the Owner, suspendpedormance of services underthe Agmerrient.
7.6 In the event of termination not the fault of the Design Professional, the DesignProfessional shell be compensated for services property and satisfactorily performed prior to
termination.
ARTICLES PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Rxpeam is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the Cost of they
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similarconmbutions 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 Professionars employees and consultants in the interest of the Project, as identified in the following Clauses.
82.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance conanunications;
and face paid for securing approval of authorities having jurisdiction over the PmjecL
81.1.2 Expense of reproductions (except the coproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
&Ll3 If authorized in advance by the Owner, oxpense ofovertime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner,
82.1.5 Expense of computer -aided design and drafting equipment time when used in connection with the project
82.1.6 Other expenses that are approved in advance in writing by the Owner
83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
83.1 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.
33.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault ofe Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the merma set forth in Section 2 of the Agreement
833 When compensation is based on a percentage of Construction Cost aid any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Pmject 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 bova fide bid or (2) if m 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 on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services tendered or expenses inc mad.
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H'\MisclBlauk FonnsiGFNERAL CONDMONS-ARCHITECT'-ENGINEERdoc Revised 5-30.02
i
SS PAYMENTS WITTi1ELD No deductions shall be [Wade from the Design Professional's compensation on account of penalty, liquidated damages or other sums 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 shaft make available to Owner or Owner's 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 a0er the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever data 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 casts and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement
9.2 Nothing herein shall be construed to cream a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement including the defense of governmental immunity, which
defenses aro hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A. or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than 5100.000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than 5100,000 for each accident
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than 5100,000 for each
accident including occupational disease.
10.4 Professional Liability Iasurance with limits of not less than $1,000,000 annual aggregate
10S The Design Professional shall furnish insurance certificates of insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
Of the execution of the Agreement The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prier written notice to Owner and Design Professional. In such event, the Design Professional shag, prior to the effective date of the
change or cancellation, famish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE II MISCELLANEOUS PROVISIONS
ILl The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action trader the Agn eancot shall lie exclusively in Demon County,
Terms.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the orb= party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to Oil cavernous of this Agmem®t The Design Professional shall ant assign its
interests in the Agreement withoutthe written consent ofthe Owner
11.3 The term Agreement w used herein includes the executed Agreercem, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the wore and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agmemrats, either written or oral. The Agreement my be amended only by written ustmment signed by both Owner and Design Professional. When interpreting the
Agrcemwt 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 bannonize the provisions. However, should the provisions of these documents be in conflict so that they cam not be reasonably harmonized,
such documents shall be given priority in the following order
1. The executed Agreement
2. Attachments referenced in Section3 ofthe Agreementotherthan the Proposal
3- These General Provisions
4. The Proposal
11A Noddag coma fined in the Agreement shall create a contractual relationship with or a cause of action in favor of a third parry against either the Owner or Design
Professional.
115 Upon receipt ofprior written approval of Owner. the Design Professional shall have the right to include representations of the design of the Pmject, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner bas previously advised the Design Professional in writing of the specific information considered by the Owner to be conG-
dwtial orproprietary The Owner shall provide professional credit forthe Design professional on the construction sign and in the promotional.materials fortheProjed.
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HWisO lank FormslGENERAi CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02
11.6 Approval by the Owner shall not constitute, ( a deemed a release of the responsibility and liability of i .sign Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval he 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 specked herein.
All notions 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 competentjurisdiction 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 ofthe stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, mles, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required bereunder, 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 am for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement
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HAMisc\Blank Forrns\GENERAL CONDMONS-ARCMTECT-ENGINEER-doc Revised 5-30-02
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
A. DESIGN PHASE
Upon execution of this AGREEMENT, FNI shall:
1. Prepare two plan/profile schematic level alignment alternatives for City Review and
selection.
2. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts
of improvements to be constructed. Plans sets will be provided to the City for Review at
the 30%, 60% and 90% levels
3. Attend up to (6) six project meetings with City Staff to discuss the design and project
related issues.
4. Submit drawings, specifications, and Construction Contract Documents to the applicable
federal, state and other jurisdictional agency(s) for approval, where required.
5. Furnish such information necessary to utility companies whose facilities may be affected
or services may be required for the Project.
6. Prepare revised opinion of probable construction cost at the 30%, 60%, 90% and Final
stages of the project.
6. Prepare bidder's proposal forms (project quantities) of the improvements to be
constructed.
7. Furnish OWNER 4 sets of copies of drawings, specifications, and bid proposals marked
"Preliminary" for approval by OWNER. Upon final approval by OWNER, FNI will
provide OWNER 4 sets of copies of "Final" drawings.
B. BID PHASE. Upon completion of the design services and approval of "Final" drawings and
specifications by OWNER, FNI will proceed with the performance of services in this phase as
follows:
Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors
and vendors listed in FNI's database of prospective bidders, and to selected plan rooms.
Provide a copy of the notice to bidders for OWNER to use in notifying construction news
FNI
IZ
SC-1 OWNER
publications and publishing appropriate legal notice. The cost for publications shall be
paid by OWNER.
2. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders
that respond to the Notice to Bidders.
3. Assist Owner by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders if necessary.
4. Attend one pre bid meeting to answer questions related to the bid documents.
5. FNI will assist OWNER in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder. Recommend
award of contracts or other actions as appropriate to be taken by OWNER. Pre -
qualification of prospective bidders and issuing a list of eligible bidders prior to the bid
opening is not included.
6. Assist OWNER in the preparation of Construction Contract Documents. Provide ten (10)
sets of Construction Contract Documents which include information from the apparent
low bidders bid documents, legal documents, and addenda bound in the documents for
execution by the OWNER and construction contractor. Distribute five (5) copies of
these documents to the contractor with a notice of award that includes directions for the
execution of these documents by the construction contractor. Provide OWNER with the
remaining five (5) copies of these documents for use during construction. Additional sets
of documents can be provided as an additional service.
7. Furnish contractor copies of the drawings and specifications for construction pursuant to
the General Conditions of the Construction Contract.
SPECIAL SERVICES: FNI shall render the following professional services in connection with
the development of the Project:
A. GEOTECHNICAL SERVICES
The proposed subsurface investigation will be to determine subgrade soil types at the boring
locations, make subgrade treatment recommendations for the roadways, develop two
pavement design options, and develop foundation design recommendations for the creek
crossing structure.
1. Clear proposed boring locations with the City of Denton and obtain Texas One Call
verification for commercial buried utilities.
2. Drill 8 borings to a depth of approximately 10 feet and 2 borings to a depth of 25 feet.
3. Obtain relatively undisturbed thin -walled tube samples a standard penetration test samples
as appropriate for the soils encountered. Observe and record groundwater seepage levels.
FNIESC-2 OWNER
4. Laboratory testing will be conducted on the samples to evaluate the soil classification and
characteristics. The test will include the atterburg limits, percent passing a no. 200 sieve,
unit dry weight and moisture content, unconfined compressive strength, and PH lime soil
series.
5. An engineering analysis and evaluation of the field and laboratory data will be performed
for the project and documented in a report. The report will include a boring location map,
boring log, summary of laboratory test results, discussion of soil and ground water
conditions, pavement design options, recommendations for subgrade treatment, earthwork
recommendations and foundation design recommendations for the creek crossing.
B. HYDRAULIC ANALYSIS SERVICES
I. Develop HEC RAS models for Pecan Creek and tributary PC-2 based on the most recent
topographic information.
2. Prepare three different design options for the proposed creek crossing of tributary PC-2.
3. Prepare a Conditional Letter of Map Revision (CLOMR) documenting the impacts of the
proposed design. Five copies of the CLOMR will be provided to the City for submission to
FEMA.
4. Prepare a Letter of Map Revision (LOMR) documenting the as built condition. Five Copies
of the LOMR will be provided to the City for submission to FEMA.
C. ENVIRONMENTAL PERMITTING ASSISTANCE SERVICES
1. Compile Existing Information and Conduct Field Survey
Prior to making a field visit, obtain available information for the vicinity including soils
maps, topographic maps, floodplain maps, and other readily available, pertinent data. This
information will be evaluated to guide the field survey described below. Freese and Nichols
scientists will conduct a pedestrian survey of the road alignment, including two alternative
creek crossing locations, to identify environmental issues.
This investigation will include the following:
• Identification of "waters of the U. S." as defined by U. S. Army Corps
Engineers' (USACE) regulations. The presence of jurisdictional waters such as
wetlands; ephemeral, intermittent, or perennial streams; or other open waters will
be documented for preparation of a Section 404 permit application or
preconstruction notification. In the event that the project could be authorized
under a nationwide permit without notification, FNI will prepare a letter to the
City, describing the project features and FNI's opinion as to the use of a NWP
without notification to the USACE.
The presence of potential habitat for any federally listed threatened or
endangered species will be evaluated.
Documenting evidence of any observed environmental contamination such as
stained soils, sheens on water, etc.
Providing GPS coordinates of features identified during the pedestrian survey.
FNI
SC-3 OWNER W�
2. Consult with the Texas Historical Commission
Projects sponsored by certain entities, including municipalities, that affect a cumulative area
greater than five acres or that disturb more than 5,000 cubic yards require advance project
review by the Texas Antiquities Committee according to Section 191.0525 (d) of the
Antiquities Code of Texas. Because the proposed project is expected to exceed these impact
thresholds, coordination with the Committee will be required. FNI will prepare a letter to
the Texas Historical Commission (THC) describing the project and requesting the
Committee's review.
3. Evaluate Permitting Issues
FNI will evaluate the proposed road alignment for environmental permits based on data
gathered in the field and from other readily available sources such as regulatory agency
publications and web sites. This task does not include direct correspondence with any
regulatory agencies except the Texas Historical Commission.
4. Prepare Report
FNI will prepare a report documenting the results of the field study and the permit
evaluation, including the presence of waters of the U.S., potential of the project to affect
threatened and endangered species or their habitats, and the results of the THC's review for
potential effects on cultural resources. The report will include an opinion on the Section 404
permitting requirements such as the type of 404 permit, potential mitigation issues, and the
anticipated schedule.
D. SURVEYING SERVICES
1. Establish horizontal and vertical control from existing TxDOT survey reference (Loop 288
Control).
2. Cross sections will be taken at 50-foot intervals along with break lines as required to provide
a digital topographic design file at 1-foot interval contours. Side streets, alleys and drainage
ways shall be surveyed a minimum of 200-feet in each direction from the primary road.
Both top of curb and gutter elevations shall be provided. Typically top of pavement shall be
obtained to the 0.01 foot accuracy and top of ground to 0.10 foot accuracy. The width of the
survey shall be a minimum of 50 feet on either side of the proposed right-of-way. At the
existing intersections the survey shall extend a minimum of 100 feet in all directions.
3. The services of a utility locator service (such as DIGTESS) will be used to locate the
approximate locations of existing franchise and City utilities.
4. Locate and identify all above ground features within the survey limits including but not
limited to buildings, building doors, fences, utilities, street lights poles, concrete steps, stairs,
sidewalk, driveways, handicap ramps, guardrail, etc. The outside limits of dense tree and
vegetation growth shall be identified. All trees 6" or greater shall be measured and
identified. All utility potholes shall be located horizontally and vertically.
5. Locate and identify property corners within the survey limits.
6. Identify existing ROW and easements within the survey limits.
FNI
SC-4 OWNER_
Types of existing pavement surfaces will be identified for streets, alleys, sidewalks,
driveways, etc. Existing lane markings and signage related to traffic shall be identified.
Existing traffic signals including base, mast arms, fixtures and control boxes shall be located
and identified.
8. Invert elevations and size of existing storm/sanitary sewer pipe shall be identified for all
manholes, junction boxes and inlets within the project limits.
Create and provide FNI with a 3-D surface model of the site, compatible with GeoPak
software. Provide electronic file of digital terrain model including tin (break) lines. Provide
ASCII file of all point numbers with coordinates, elevations and descriptions for each.
10. Bench marks will be provided at a minimum of a 1000 feet increment. Horizontal and
vertical coordinates of the benchmarks in the required coordinate system and datum.
11. Prepare ROW and Easement Documents for the project.
a. 7 Right -of -Way Documents
b. 7 Permanent Grading and Drainage Easements
c. 7 Temporary Construction Easements
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically
authorized in writing by OWNER, which are not included in the above -described basic services, are
described as follows:
A. Land acquisition services.
B. Preparation of a JD Report and a Section 404 Permit Application or Preconstruction
Notification.
C. Preparation of Mitigation Plan
D. Coordination and Consultation with the USACE
E. Section 401 Coordination with TCEQ
F. CLOMR and LOMR applications fees
G. Construction materials testing.
H. Development of traffic projections for the proposed roadways to be used in the pavement
design options.
I. Field layouts or the furnishing of construction line and grade surveys (to be provided by the
Contractor).
J. New water and sanitary sewer design other than adjustment of surface appurtenances.
K. GIS mapping services or assistance with these services.
FNI
SC-5 OWNER
L. Providing renderings, model, and mock-ups requested by the OWNER.
M. Assisting OWNER in claims disputes with Contractor(s).
N. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by FNI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
O. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
P. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this agreement.
Q. Services required to resolve bid protests or to rebid the projects for any reason.
R. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
S. Subsurface Utility Engineering services for precise location of subsurface conflicts and
utilities.
T. Construction Representation for the roadway projects.
U. Site visits and meetings in excess of the number of trips included in Article I.
V. Providing basic or additional services on an accelerated time schedule. The scope of this
service includes cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated time
schedule directed by the OWNER.
FNI u*
SC-6 OWNER7K
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution
of this AGREEMENT and agrees to complete the services in accordance with the attached
schedule:
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not limited
to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to
FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as
outlined on the face of this AGREEMENT and in Attachment CO.
ARTICLE IV
A. MODIFICATIONS TO THE PROFESSIONAL SERVICES AGREEMENT: The following
items were found to be unacceptable terms of conditions by FNI and shall be modified with the
following:
• In the Professional Services Agreement, Section 1, Third Sentence — Employment of the
Design Professional, delete the wording "without limitation'
B. MODIFICATIONS TO THE GENERAL CONDITIONS TO AGREEMENT: The following
items were found to be unacceptable terms of conditions for Architectural or Engineering
Services by FNI and shall be modified with the following:
• Article 1.2, Add the following sentence: "The time allotted for the Owner's review periods
will be as agreed to and established in the project schedule."
• Article 2.1, In the first sentence delete the wording: "without limitation"
• Article 2.3, Delete this Article in its entirety
• Article 2.4, Delete this Article in its entirety
• Article 2.5, Delete this Article in its entirety
• Article 2.6, Delete this Article in its entirety
• Article 3.3.9, Delete the last sentence of this Article
• Article 3.4.17, In the first line of the Article, delete the wording: "in addition to those
required by Subsection 2.6.19"
• Article 3.4.18, Delete the last sentence of this Article
• Article 4.10, Add the following sentence: "The Owner shall give written notice to the
Design Professional if the Owner becomes aware of any errors or omissions in the design
work."
FNI fiV
SC-7 OWNER
• Article 1 l .3, Delete the priority of the documents listing and replace with the following:
"1. The executed Agreement
2. The Proposal, including Scope of Services and Responsibility of Owner
3. Attachments referenced in Section 3 of the Agreement other than the
Proposal
4. These General Provisions"
ARTICLE V
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so
as not to delay the services of FNL
A. Designate in writing a person to act as OWNER's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define OWNER's policies and
decisions with respect to FNI's services for the Project.
B. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the
Project.
C. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of FNI.
D. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC,
Article III of this AGREEMENT or other services as required.
E. Bear all costs incident to compliance with the requirements of this Article V.
ARTICLE VI
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following
representatives:
Owner's Designated Representative — Bernard Vokoun, P.E., City of Denton, 601 E. Hickory, Suite B,
Denton, Texas 76205; phone: 940-349-8910; fax: 940-349-8951; email:
bernard.voloun@cityofdenton.com
Owner's Accounting Representative — Annie Bunger, City of Denton, 601 E. Hickory, Suite B,
Denton, Texas 76205; phone: 940-349-8910; fax: 940-349-8951; email:
annie.bunger@cityofdenton.com
FNI's Project Manager: Chris Bosco, P.E.; 4055 International Plaza, Suite 200, Fort Worth, Texas
76109-4895; Phone: (817) 735-7359; Fax: (817) 735-7491; E-mail: cb@freese.com
FNI's Accounting Representative: Patti Allen; 4055 International Plaza, Suite 200, Fort Worth,
Texas 76109-4895; Phone: (817) 735-7466; Fax: (817) 735-7491; E-mail: pla@freese.com
FNI 1
SC-8 OWNER
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Basic and Special Services: Compensation to FNI for the Basic and Special Services per the attached
fee proposal summary shall be the lump sum of three hundred five thousand three hundred eighty Dollars
($305,380.00) and a cost not to exceed seventy-six thousand two hundred and three Dollars ($76,203.00)
for a total fee of three hundred eighty-one thousand five hundred eighty-three Dollars ($381,583.00). If
FNI sees the Scope of Services changing so that additional services are needed, including but not limited
to those services described as Additional Services in Attachment SC, FNI will notify OWNER for
OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of
Charges.
B. Schedule of Charges for Additional Work:
Staff Member
Resident Representative
Salary Cost Times Multiplier of 2.08
Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable
thereto) plus unemployment and payroll taxes and contributions for social security, employment
compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous
benefits.
Other Direct Expenses Actual Cost Times Multiplier of 1.10
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For CAD services performed In-house by non-FNI
employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee
was performing the same or similar services.
Rates for In-house Services
Computer
$10.00 per hour
Plotter
Bond
Special
Testing Apparatus
Density Meter
Gas Detection
3-10-04
$ 2.50 per plot
$ 5.00 per plot
$350.00 per month
$ 10.00 per test
CO-1
Printing
Black and White
$0.10 per copy
Color
$0.50 per copy
Binding
$5.75 per book
FNI
OWNER
FEE PROPOSAL SUMMARY
DENTON SHADY OAKS DRIVE AND BRINKER ROADWAY EXTENSIONS
BASIC SERVICES
BASIC SERVICES - DESIGN AND BID PHASE _ $245,280 Lump Sum
SPECIAL SERVICES (CITY FUNDED PROJECT)'
HYDRAULIC ANALYSIS =
ENVIRONMENTAL PERMITTING ASSISTANCE _
TOPOGRAPHIC SURVEYING SERVICES=
REIMBURSABLE EXPENSES
ROW & EASEMENT DOCUMENTS =
GEOTECHNICAL ENGINEERING =
ARCHEOLOGICAL SURVEY =
SUBTOTAL:
REIMBURSABLE EXPENSES =
TOTAL BASIC & SPECIAL SERVICES =
$23,100 Lump Sum
$33,500 Lump Sum
$35,200 Cost Plus Not to Exceed
$13,283 Cost Plus Not to Exceed
$11,220 Cost Plus Not to Exceed
$16,500 Cost Plus Not to Exceed
$132,803
$3,500 Lump Sum
$381,583
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