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HomeMy WebLinkAbout2007-182ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS, INC. FOR THE DESIGN OF THE PECAN CREEK TRIBUTARY 4 PRELIMINARY DESIGN AND CLOMR PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to engage the engineering firm of Teague Nall and Perkins, Inc. (TN&P), of Denton, Texas, to provide professional engineering services related to the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project including final improvement recommendations, schematic drawings, channel modeling, and "Confidential Letter of Map Revision" preparation; 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: The City Manager is hereby authorized by the City Council to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement") with Teague Nall and Perkins, Inc., Denton, Texas, for professional engineering services related to the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project, for a professional fee of not to exceed $114,700; 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: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated ability of TN&P to perform the services needed by the City for a fair and reasonable price. SECTION 3: The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / UL day of 2007 ��'�""'I PERRY cNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: Ott W PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of thet. day of �. 2007, by and between the City of Denton, Texas, a Texas municipal co oration, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its corporate office at 235 W. Hickory, Suite 100, Denton , Texas 76201 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, Professional Engineering Services for Preliminary Design and CLOMR for Trib PEC-4 from Bell Avenue to Bernard Street (includes Attachments A, B, C and D) Page 1 Q\Proposals\Pecan 2007 StudyTrelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doc 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 $ 108,400 2.1.2 Progress payments for Basic Services shall be paid based upon the Design Professionals estimate of the percentage of the work effort that has been completed. 2.2 SPECIAL SERVICES 2.2.1 For Special Services the total compensation shall be $ 5,300 2.2.2 Progress payments for Special Services shall be paid based upon the Design Professionals estimate of the percentage of the work effort that has been completed. 2.3 ADDITIONAL SERVICES 2.3.1 Compensation for Additional Services see Attachment C, Which includes the fee/rate schedule 2.3.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.10 times the amounts billed to the Design Professional for such additional services. 2.4 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.10 times the expenses incurred by the Design Professional, the Design Professional's em- ployees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $1,000 without the prior written approval of the Owner. SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: Page 2 CAProposalsTecan 2007 Study\Prelim Design\PEC-4 2007 PrclimDcsign 1NP Agreement.doc City of Denton General Conditions to Agreement for Architectural or Engineering Services. Attachments A through D This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: Z— GE(?(RGE C. CA BELL CITY MANAGER ATTEST: JENNIFER WALTERS, CIT_Y/ SECRETARY BY:t/l�� APPROVED AS TO LEGAL FORM: EDWIN M. S ER, C=EY BY: lu�u � Teague Nall and PerVz nc. BY: Gary . Vickery, P. . Principal WITNESS: IlU Page 3 CAProposals\Pecan 2007 Study\Prclim Design\PEC-4 2007 PrelimDesign TNP Agreement.doc CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE I. 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 "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable. informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owners approval a schedule for the performance of the Services which may he adjusted m the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities havingjurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal suucmral, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, w described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE (See Exhibit A for further Definition and Clarification) 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.23 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2A Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances. codes and regulations. 21.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of from the commencement to the completion of construction. 23 DESIGN DEVELOPMENT PHASE (N/A) 23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program. sche- dule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural. structural. mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents. Design Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes ofthe Project. 23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE (N/A) 2A.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. Page 4 C:\Proposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign'rNP Agreement.doc 2.43 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval of governmental authorities havingjurisdiction over the Project. 25 CONSTRUCTION CONTRACT PROCUREMENT (N/A 2S.1 The Design Professional, following the Owners approval of the Concoction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT' (N/A) 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. unless extended under the terms of Subsection 8.3.2. 2.6.2 The resign Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with ALA document A201, General Conditions of the Con- tract for Concoction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments. current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.63 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted. modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction. and (2) at the Owners direction from time to time during the correction, or warranty period described in the Contract for Con- struction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions. unless otherwise modified by written instrument 2.65 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Document. Design Professional shall provide Owner a written report subsequent to each on -site visit. On the basis of on -site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design: Professional shal! promptly correct my defective drsimn or specifications famished by the Desim Professional at no cost to the Owner_ The Owners approval, acceptance, use of or payment for all or my pan of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owners 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 correction with the work. The Design Professional shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of my other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractors Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractors Application Page 5 C:Troposals\Pecan 2007 StudyTrelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doc for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractors submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the concoction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owners approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documena. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to he assembled by the Contractor and shall issuea final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. The reproducible prints will be based on information provided to the Design Professional by others. Page 6 CAProposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign 7NP Agreement.doc ARTICLE ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall he paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required. the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 32 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in taming out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefore as agreed by the Owner and Design Professional. 33 CONTINGENT ADDITIONAL SERVICES 33.1 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 program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owners failure to render decision in a timely manner. 33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality. complexity, or the Owners schedule, except for services required under Subsection 2.5.2. 333 Preparing Drawings. Specifications and other documentation and supporting data, and providing other services in connec- tion with Change Orders and Construction Change Directives. 33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in 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. 33.9 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or concoction prior to the completion of 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 pan due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3A OPTIONAL ADDITIONALSERVICES 3.4.1 Providing financial feasibility or other special studies. 3.41 Providing planning surveys, site evaluations or comparative studies of prospective sites. Page 7 CAProposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doc 3A3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others havingjurisdiction over the Project. 3A.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information 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 Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3A.14 Providing services other than as provided in Section 2.6.4. after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3A.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering por- tions of the Project provided as a pan of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily fumished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked -up prints, drawings and other data fumished 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 Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3A.18. ARTICLE OWNEWSRESPONSIBILITIES 4.1 The Osmcr Shall consult With the Design Professional regarding requirements for the Proiect. includine (I) 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 specifically described in Subsection 2.2.1. - 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 43 If requested by the Design Professional, the Owner shall fumish evidence that financial arrangements have been made to fulfill the Owners obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as ap- plicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage: rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. Page 8 C:\Proposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doc 4.6 Where applicable, the Owner shall famish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall famish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained 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. 4S The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 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 wnnen notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSFRUCI'ION COST 5.1 CONSTRUCTION COST DEFINED 5.Li 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 famished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractors overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights -cif -way, financing or other costs which are the responsibility of Owner as provided in Article 4. 5.2 RESPONSIBILITI' FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Concoction Cost and detailed estimates of Construc- tion Cost prepared by the Design Professional represent the Design Professional's best Judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the 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 of Construction Cost shall be established as a condition of the 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. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.23 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 industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS Page 9 C:\Proposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doc 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and 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 Owners sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION. SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terns of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 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 the Project is abandoned by the Owner for more than 90 consecutive days. the Design Professional or the Owner may terminate the Agreement by giving written notice. 7A Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperfornance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMF.NTSTOTHE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandator, and ciestomary comrihutimn and benefits related thereto. such as emuloyment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project: expenses in connection with authorized outaf-town 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 documents referenced in Subsection 2.6.19). postage and handling of Drawings, Specifications and other documents. 8.2.13 If authorized in advance by the Owner, expense of overtime work requiring higher than regular ones. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 82.15 Expense of computer -aided design and dra8ing 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. Page 10 C:\Proposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doe 83 PAYMENTS ON ACCOUNT OF BASIC SERVICES 83.1 Payments for Basic Services shall be made monthly and, when 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. 83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 833 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 PAl'111ENTS ON ACCOUNT OF ADDITIONAL SERVICES SAA Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury. death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents. or employees in the execution, operation, or performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate 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 $1,000.000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000 000 annual aggregate. 10.5 The Design Professional shall famish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers Compensation policy shall contain a waiver of subrogation in favor of the Owner. and each policy shall contain a provision that such insurance shall not he canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, famish Owner with substitute certificates of insurance meeting the requirements of this Article 10. Page 11 C:\Proposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doe ARTICLE II MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal represen- tatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: The executed Agreement Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third parry 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 Professionals promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, not be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work: nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices. communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United Stales mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalidor unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provialnn with a valid and or provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement arc for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 12 CAProposals\Pecan 2007 Study\Prelim Design\PEC-4 2007 PrelimDesign TNP Agreement.doc ATTACHMENT'A' ITEMIZED SCOPE OF SERVICES PECAN CREEK, TRIBUTARY 4 - PRELIMINARY DESIGN CITY OF DENTON BASIC SERVICES PROJECT DESCRIPTION This project will consist of a comprehensive analysis and evaluation of Pecan Creek, Tributary 4, (i.e. PEC- 4). This analysis will serve as the basis for the application for a Conditional Letter of Map Amendment (CLOMR) as well as the basis for design of improvements necessary to alleviate the flooding in the project area. This analysis will include the collection of the data necessary for the analysis, hydrologic modeling of the drainage area, encompass the hydraulic modeling of the Creek, make recommendations and conclusions, present the results of the study to the City, propose specific construction projects that are intended to mitigate and/or alleviate the flooding in the area, and prepare construction plans for the first of the proposed construction projects. It is understood that this work will be limited to the analysis of PEC-4 beginning at the new channel at Wainwright and Bell Street and ending at Bernard Street. It will also include a limited study of the areas where diversion of storm water is known or expected to exist. GENERAL A. Basis for the Scope of Services The following assumptions were used by the ENGINEER for the preparation of this scope of Basic Services: 1. This analysis will assume that PECA is currently a fully -developed watershed. The current land uses and zoning will be used to determine the discharge rates as described in the following section. 2. The existing "as -built" plans are assumed to be available from the City of Denton archives. 3. It is understood that this work will require the creation and/or re-creation of the hydrologic model. 4. This scope will not include modeling of diversions identify as part of this work. Any modeling of diversion points will be considered as additional work. 5. This scope will include a new hydrologic model based on the SCS Dimensionless Unit Hydrograph Theory. The new model will provide improved data necessary to refine, or otherwise, better define the design of the proposed improvements. 6. It is understood that the work performedunder this scope of work will provide the basis for the design and construction of specific projects identified during the study process. 7. It is understood that this project will include the application for a CLOMR based on the recommendations presented as part of the hydrological/hydraulic study. 8. Opinion of Cost estimate referenced in this scope of services will be based on conceptual plans and will contain an appropriate contingency. 9. FEMA CLOMR application fees will be paid by the City, and are not included herein. B. Scope of Basic Services The scope of this work is described as follows: TASK 1: Data Acquisition Collection and Inventory The data collected for this project will include existing information possessed by City of Denton and by the Engineer in the form of studies, maps, construction plans, and digital files. The work included in this Task is described as follows: Attachment A - Page 1 of 5 a. Evaluate and determine the project objectives, establish design criteria for the development of recommendations and design of the recommended projects. b. Obtain available topographic maps, zoning maps, land use maps, and aerial maps within the study limits from City of Denton. This data will be supplemented by the field data obtained for this project. c. Obtain and review available "as -built' plans for drainage structures located within the project area, including the culverts, bridges, and channel improvements for PEC-4. Obtain and review available "as -built" plans for selected storm sewers in the area as needed. d. Conduct a maximum of 4 site visits to PEC-4 to visually confirm the condition of the channel and project site. The information gathered from these visits will be used to determine the roughness coefficients and other parameters used in the numerical modeling of the stream. e. Obtain and review available hydrologic and hydraulic studies for PEC-4, including the "current effective" hydrological/hydraulic models from the Federal Emergency Management Agency (FEMA); models completed by other consultants, and, Pecan Creek Master Drainage Plan models. TASK 2: Hydrologic Analysis This Task includes the work necessary to develop hydrologic models within the study area. Study discharges will be determined for PEC-4 over a range of storm events, including the 2- 1 5-, 10-, 25-, 50-, and 100-year storm frequency period, for a fully -developed watershed. The scope of work necessary to complete this Task is as follows: a. Prepare a drainage area map from available contour maps provided by the City of Denton, using a reasonable standard scale. b. Delineate sub -watersheds as necessary to analyze existing drainage patterns within the study area and to identify and define proposed improvements. The delineation of the sub -watersheds will be based on the drainage areas of the existing storm sewer and surface runoff as defined by the available contour maps, aerial maps, site visits, and construction plans provided by the City of Denton. C. Identify areas where storm water may be diverted from the main channel into the street drainage system. This work will include identification of the diversion points only. No modeling of the diversion will be considered as part of this scope. d. Obtain and/or determine the hydrologic parameters for each sub -watershed including precipitation data, time of concentration, rainfall loss rates, and land use category, and soils data. e. Create a new effective hydrologic model for the 2-, 5-, 10-, 25-, 50-, and 100-year storm frequency based on land use, and/or zoning, maps provided by the City of Denton, soils maps as published by the SCS, and lag times calculated from the topographic and drainage maps. The creation of these models will be based on the SCS Dimensionless Unit Hydrograph Theory, utilizing the HEC-HMS format. f. Create a new post -project hydrologic model for the 2-, 5-, 10-, 25-, 50-, and 100-year storm. This model will incorporate the proposed projects based on the recommended improvements to the PEC4 tributary. The purpose of this model will be to asses the Attachment A - Page 2 of 5 impact of the improvements in the channels such as the loss of valley storage. Synthetic rainfall data will be used rather than the rainfall data from the recent storms. TASK 3: Hydraulic Analysis This Task includes the work necessary to develop the hydraulic models for PEC4, existing conditions and for the post -project models based on the recommended improvements. The work will include a verification of the existing, or effective model, and the creation of new models based on the discharges for the 2- 5-, 10-, 25-, 50-, and 100-year frequency storms. a. Confirm the current effective model provided by FEMA. After the verification, create an existing model based on the improved data obtained from field surveys and calculated discharges for PEC4. b. Create "corrected -effective' hydraulic models, using HEC-RAS software, based on improved survey data and physical measurements. The "corrected -effective' models will be created for each of the storm discharges calculated as part of Task 1. The "corrected -effective" models used to establish the existing condition flood plain. c. Using the "corrected -effective hydrologic and hydraulic models, recommend design projects that will alleviate, if not eliminate, the flooding potential. The recommendations will be made based on input from City Staff and the results of modeling process. d. Present findings of the hydraulic model and recommendations for improvements to the drainage system for the PEC-4 Tributary. This work will include the preparation of an interim letter report. This Task assumes a minimum of 2 meetings with City Staff. e. Create a "post -project' hydraulic model based on the proposed, or recommended, project alternatives. The post -project hydraulic models will be used to establish base flood elevations and will provide the basis for the application for a Conditional Letter of Map Revision. f. The flood limits will be delineated based upon the results of the hydraulic models as described in this task. This task does not anticipate a comparison of the Base Flood Elevation with the finished floor data given as a supplement to the master drainage plan. TASK 4: Prepare and Submit Conditional Letter of Map Revision This Task includes the work necessary for the preparation and submittal of an application to the Federal Emergency Management Agency (FEMA), for a Conditional Letter of Map Revision (CLOMR). a. Following the completion of Task 3, prepare and submit an application for the CLOMR based on the proposed conditions. The CLOMR will reflect both new hydrology and hydraulics. b. Coordinate with FEMA and the City of Denton as necessary to facilitate the application for the CLOMR. TASK 5: Recommendations and Final Presentations The results, conclusions, and recommendations based on this work will be summarized in a report and presented to the City upon completion of the study. Included with the report will be a reproduction of the base maps with the flood plains delineated and possible improvements to the channel. The following describes the work included in this Task: Attachment A - Page 3 of 5 a. Prior to submission of the report, preliminary findings will be submitted to the City for their comment, review, and discussion. Alternatives such as structural channel improvements, diversions, and culvert improvements will be considered. The intent of the discussion will be to identify possible alternatives that should be eliminated from further discussion. b. Revise the base models to reflect possible improvements that would accomplish the project objectives. c. Recommended improvements will be tabulated and depicted on the base maps. d. Conceptual cost estimates will be prepared for the recommended improvements. e. A final report will outline the recommendations and estimated costs. TASK 6: Field Survey This Task will include the collection of physical survey data needed to supplement the cross section and finish floor data obtained from previous studies. The additional survey will primarily consist of cross sections needed to augment those obtained from previous studies, additional finished floors if needed, and profiles of the centerline and gutters of roadways as listed in this section. The data will be collected by GPS equipment, except where tree canopies make the use of such equipment impractical. In those cases, the information will be collected by more traditional means. a. The need for additional cross sections will be determined after a review of the previous models. The determination will be based on the requirements of the modeling methods, techniques, and approach. The number and location of cross sections will be identified. It is understood that the physical survey of the additional cross sections will be supplemented by available topographical information. b. The additional survey will also include profiles of selected street centerlines and gutters. This data will be utilized to identify overflow, i.e. diversion, of storm water into the street drainage system. The work necessary for this Task include, but will not necessarily be limited to the following list of Streets: STREET FROM TO Mulberry Bernard Elm Sycamore Carroll Elm Stroud Carroll Elm Prairie Carroll Wainwright Warren Locust Wainwright Carroll Hickory Prairie Pierce Stroud Highland Elm Mulberry Highland Locust Sycamore Eagle Wainwright Prairie Bell This list is provided for budgeting purposes. However, it is understood that this work should be completed on an hourly basis, as needed. Attachment A - Page 4 of 5 TASK 7: Environmental Considerations For the purposes of this work, it is understood that a limited environmental assessment of the project sight will be performed in accordance with the Clean Water Act, Section 404. This assessment will be limited to the identification of jurisdictional waters and wetlands within the study limits and the applicability of any Nationwide Permits. The purpose of this assessment is to provide guidance related to the recommended improvements. Applications for any individual and or other permits are not considered as part of the scope of this work. In addition, a cursory antiquities study will be completed as part of this scope of work. It is noted that much of the existing facility was constructed in the 1930's and 1940's with rock lined channel. The purpose of the antiquities study is to determine if any of these structures have any historical significance requiring protective measures. TASK 8: Preliminary Design Services Preliminary design services will be provided as part of this work. The work will include recommending a schedule for the completion of the entire project. The schedule will be based on input from the City, priorities as defined by the City, on the physical constraints and conditions imposed by the hydrologic/hydraulic response of the system to the design storms, and on an opinion of probable costs. a. Preparation of Preliminary . Schematics, showing the proposed improvements. Schematic plans will include plan view exhibits, profiles and typical sections. These schematics, along with the data developed in Task 3, will be used for submittal of the CLOMR to FEMA for the entire limits of the project. b. Preparation of Preliminary Construction Cost estimates, including necessary utility relocations. c. Preparation of a Project Plan, based on schematics and cost estimates, that designates the several specific construction projects that will encompass the entire stream reach. C. Scope of Special Services TASK 9: Public Meetings For budgeting purposes we have assumed that one presentation to the Public Utilities Board will be required. TNP will support the staff with exhibits and information for the presentation, and will attend and assist in that presentation, if requested. In addition, we have assumed two public meetings to share with and solicit information from the public. TNP will prepare exhibits, make a brief presentation, and be available to answer questions. This task will be provided on an hourly basis, as requested. Attachment A - Page 5 of 5 3 ATTACHMENT'B' SCHEDULE OF FEES A. BASIC SERVICES: For work performed by the ENGINEER within the scope identified in ATTACHMENT A, Itemized Scope of Services. the ENGINEER will be reimbursed as described below: 1. Labor The following fees shall be paid to the ENGINEER for labor involved in the various items of work within the scope of Basic Services identified in EXHIBIT A: Task 1 — Data Acquisition $ 7,500 Task 2 — Hydrologic Analysis $15,400 Task 3 — Hydraulic Analysis $30,200 Task 4 — CLOMR $6,000 Task 5 — Recommendations $10,800 Task 6 — Field Surveys (hourly, estimated) $18,000 Task 7 — Environmental Considerations $6,200 Task 8 — Preliminary Design $14,300 Total $ 108,400 Field surveys will be done on an hourly basis, since it is unclear at this time how extensive the survey effort will need to be. The fee shown above for survey will not be exceeded without express authorization by the Client. All other fees shown above are fixed fees, however, the breakdown by task is for information only. The distribution between tasks could vary from the task totals shown. See Attachment'D' for a detailed breakdown of tasks and estimated effort. 2. Direct Expenses Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct invoice expense plus 10% with a not -to -exceed amount of: $ 1,000 Total Fee for Basic Services TOTAL (BASIC SERVICES) $ 109,400 Attachment B— Page 1 4. Schedule The following approximate schedule is anticipated: • Submit preliminary findings for review and discussion 12 weeks after authorization to proceed. • Submit final report with recommendations, cost estimates and exhibits 4 weeks after approval of preliminary findings. • Submit preliminary design, with schematic drawings, updated cost estimates, Project Plan and CLOMR documents 6 weeks after approval of report. • Final design of initial phase could proceed during FEMA review of the CLOMR. This schedule will be set after completion of the preliminary design. • Public meetings, if needed, will be arranged and scheduled as the project proceeds, and could impact the schedule outlined above. B. SPECIAL SERVICES: Work performed by the ENGINEER outside the scope of Basic Services identified in ATTACHMENT A, Itemized Scope of Services, shall be considered Special Services. The ENGINEER will be reimbursed for Special Services as described below: 1. Labor ENGINEER shall be reimbursed on the basis of negotiated fees for each item of service provided, as mutually agreed to by the ENGINEER and CITY; or labor of personnel employed by the ENGINEER will be reimbursed on an hourly basis in accordance with EXHIBIT C, Standard Rate Schedule. Task 9 — Public Meetings (hourly, estimated) $5,300 2. Direct Expenses Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct invoice expense PLUS 10%. C. ADDITIONAL SERVICES: Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope of Basic Services, shall be considered Additional Services. The ENGINEER will be reimbursed for Additional Services, should they be requested, as described below: 1. Labor Attachment B— Page 2 0 ENGINEER shall be reimbursed on the basis of negotiated fees for each item of service provided, as mutually agreed to by the ENGINEER and CITY; or labor of personnel employed by the ENGINEER will be reimbursed on an hourly basis in accordance with EXHIBIT C, Standard Rate Schedule. Direct Expenses Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct invoice expense PLUS 10%. D. SUMMARY: Basic Services Special Services Additional Services Total Contract Amount $ 109,400 $ 5,300 N/A $ 114,700 Attachment B— Page 3 ATTACHMENT C TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2007 to December 31, 2007' Engineering I Technical From To Principal $150 - $220 Per Hour Project Manager $115 - $150 Per Hour Senior Engineer $90 - $160 Per Hour Engineer $80 - $120 Per Hour Landscape Architect / Planner $90 - $150 Per Hour Designer $85 - $110 Per Hour Senior Designer $100 - $130 Per Hour CAD Technician $60 - $85 Per Hour Senior CAD Technician $75 - $100 Per Hour IT Consultant $120 - $140 Per Hour IT Technician $70 - $100 Per Hour Clerical $50 - $70 Per Hour Resident Project Representative $70 - $90 Per Hour Survevin Survey Office Manager $145 - $155 R.P.L.S. $100 - $130 S.I.T. $70 - $90 Senior Survey Technician $70 - $90 Junior Survey Technician $60 - $75 2-Person Field Crew w/Equipment $100 3-Person Field Crew w/Equipment $110 4-Person Field Crew w/Equipment $135 1-Person G.P.S. Crew w/Equipment $110 2-Person G.P.S. Crew w/Equipment $130 3-Person G.P.S. Crew w/Equipment $150 1-Person Robotic Crew w/Equipment $90 2-Person Robotic Crew w/Equipment $110 Direct Cost Reimbursables Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22" x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $4.00/page 22"x34" and larger bond paper or vellum, B&W $6.00/page 22"x34" and larger bond paper or vellum, color $6.00/page 22"x34" and larger mylar or acetate, B&W Mileage $0.48/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above. ` Rates shown are for calendar year 2007 and are subject to change in subsequent years. PECAN CREEK, TRIBUTARY 4 PRELIMINARY DESIGN ATTACHMENT PEC-4 PRELIMINARY DESIGN -CITY OF DENTON Princ PM PE EIT CAD Clerical Reimb Total Hr Task Total Task 1 - Data Acqulsltlon, Collection, and Inventory Evaluate and Determine the Project Objectives 4 1 4 9 $ 1.415 Obtain Available Tapogrmphic Maps, 8 250 8 1,170 Obtain and Review Available-as-built'Plans 4 8 220 12 1,640 Conduct Site Visits ._ (4 Maximum) 2 8 8 18 2,270 Obtain and Review Available Hydrologic/Hydraulic Studies 8 100 8 1,005 Total Hours Task 2. ydrol gic Analysis 4 3. 16 32 - - --- ---- --- Prepare a Drainage Area Map 2 16 4 22 2,490 Delineate sub -watersheds 2 a 12 22 2.382 Determine Areas Where Storm Water May Be Diverted 2 4 4 16 26 3.410 _ Obtain and/or Determine the Hydrologic Parameters 16 16 1,840 Create a 2-, 5-, 10-, 25-, 50-, and 100-yr Hydrologic Model 4 24 28 3,260 Create a 2-, 5-, 10-. 25-, 50-, and 100-yr Post -Project Model 17 17 1,968 Total Hours Task 3 - Hydraulic Ana tails 2 4 12 97 16 Confirm the current egeclive model 2 4 6 AREFI Create'conected-effective' Model 2 32 34 4,030 Recommend design Projects 8 24 32 60 124 16,580 Present Preliminary Findings to City of Denton 4 4 8 8 4 28 3.500 Create a "posl-project' hydraulic model 2 4 20 26 3.150 Delineate Floodplams 2 16 18 2.220 Total Hours Task 4 - Prepare and Submit CLOMR 12 34 46 132 8 4 Prepare and Submit CLOMR Application 1 2 4 24 8 39 4,595 Coordinate w FEMA 12 12 1.405 Total Hours Task 5 - Recommendations and Final Presentations 1 2 4 36 8 - --- —_ _-- Present Preliminary Findings to Clty of Denton 4 4 4 8 20 $ 1,960 Provide ConcepWal Cost Estimates 4 2 4 16 26 3,430 Prepare and Present Final Repod 4 2 2 8 16 16 48 4,900 Total Hours Task 6 - Field Survey 12 8 10 24 16 24 ---- ---- --- Additional Cross Sections, Intersections, Street Profiles 2 4 4 $ 16,500 10 $ 18,030 Total Hours Task 7 - Eaviromental Consideration 2 4. - 4 - - --- ---- ---- Determine Jurisdictional Waters 2 1 1 $ 4.500 4 $ 5,200 Antiquities Study 2 2 4 8 980 Total Hours Task 8 - Preliminary Design 2 3 1 2. 4 - -- Prepare Preliminary Schematics 2 2 28 1 56 88 $ 9,540 Prepare Construction Cast Estimates 2 2 16 20 2.560 Prepare Project Plan 2 8 4 14 2230 Total Hours Project Totals50 6 12 4B 56 78 89 3821 122 28 ---- 750 SPECIAL SERVICES U U Task 9 - Public Meetings (hourly, estimated) PUB Presentation, —Q 1 each 6 4 4 8 22 $ 3,100 Public Meetings 2 each 3 4 3 6 16 2,200 Total Hours 9 8 - 7 14 - -- ---- ---- $ 7,500 $ 15,400 S 30,200 S 6,000 $ 10,800 $ 18,000 S 6,200 $ 14,300 $ 108.400 $ 5,300 C.1Proposals\Pecan 2007 StudylPrelim DesignlPEC-4 2007 PrelimDesign AID xis W17I2007 1293 PM