HomeMy WebLinkAbout2007-192ORDINANCE NO. 2007-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER WITH THE FIRM OF
BIRKHOFF, HENDRICKS & CONWAY, L.L.P., CONSULTING ENGINEERS, FOR THE
DESIGN OF AND THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE
PROPOSED CITY OF DENTON ROSELAWN ELEVATED STORAGE TANK, AS SET FORTH
IN THE AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (IN THE AMOUNT OF $150,950 FOR BASIC SERVICES;
NOT TO EXCEED $27,400 IN ADDITIONAL SERVICES; AND NOT TO EXCEED $71,500 IN
REIMBURSEABLE EXPENSES, TOTALING $249,850 FOR PROFESSIONAL SERVICES).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed Agreement 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, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 2. The City Manager is hereby authorized to enter into a Professional Service
Agreement with the firm of Birkhoff, Hendricks & Conway, L.L.P., of Dallas, Texas, to provide
professional construction plans and specifications and for basic design services related to the
proposed City of Denton Roselawn Elevated Storage Tank project, and related services, a copy of
which Agreement is attached hereto and incorporated by reference herein, as Exhibit "A."
SECTION 3. The City Manager is authorized to expend funds as required by the attached
Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. /
PASSED AND APPROVED this the /%Z-day of 2007.
PERK R. McN UL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR VED S TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
i
By: /
3-ORD-
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the LPL day of
20a7 , by and between the City of Denton, Texas, a Texas
munidipal corporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and Birkhoff, Hendricks &
Conway, L.L.P., Consulting Engineers with its corporate office at 7502 Greenville Avenue,
Suite 220, Dallas, Texas 75231, 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
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:
Preparation of construction plans and specifications for the proposed Roselawn Drive 2.5
million gallon Elevated Storage Tank. The elevated tank site is designated as Site Number
2 in the City of Denton's Roselawn Elevated Storage Tank Site Study Report, dated May
30, 2007. The elevated water storage tank is to be of composite design type with a high
water level of 826 msl (to be confirmed by the City of Denton).
Basic Design Services include design phase, bidding phase, and construction
administration phase services. Additional services include field surveys, boundary surveys,
preparation of property conveyance plats, a preliminary plat and final plat; geotechnical
evaluation and report; quality control and materials testing during construction; additional
site visit (if required) and printing of the plans and specifications.
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 $ 150,950.
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2.1.2 Progress payments for Basic Services shall be paid in the following percentages of the
total compensation for the Basic Services satisfactorily completed. Request for progress
payments shall be submitted monthly by the engineer to the owner and shall be based on the
total percent complete for each phase of work. The engineer shall prepare and submit a
monthly status report with each progress payment invoice. The city agrees to pay invoices
upon receipt.
Design and Construction Document Phase 70 % of the total compensation
Bidding Phase 5 % of the total compensation
Construction Phase 25 % of the total compensation
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services shall be based on actual salary cost times a
multiplier of 2.30. On that basis, the following fee schedule is established:
Partner/Project Manager $ 165 per hour
Design Engineer $ 125 per hour
Engineer in Training: $ 95 per hour
Technical Staff $ 100 per hour
Clerical Staff $ 53 per hour
Additional Services are more specifically described in Exhibit B, Items 1,3,6 and 7 to
the Engineer's letter proposal and shall not exceed $27,400 without prior written
approval of the Owner.
2.2.2 Compensation for Additional Services of sub -consultants, including additional
structural, mechanical, electrical engineering, geotechnical engineering and quality control
and material testing services shall be based on a multiple of 1.10 times the amounts billed to
the Design Professional for such additional services.
2.3 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 $71,500 without the prior written approval of the Owner.
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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.
The Design Professional's letter Proposal dated August 28, 2007 and Attached
Exhibit A — Engineering Services, Exhibit B-Payment Schedule, and Exhibit C,
Project Schedule.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY: �---
GE RGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERR , CITY SECRETARY
B v
APPR VEDtATO LEGAL FORM:
EDWI�SVY1/1/YTNEY
BY:� 1��
Birkhoff, Hen ick nway, L.
BY: 7
Gary C. HPiidricks,1P.E., I".L.S.
Partner 6
U\7015 ContDev\Denton\2007 Roselawn 2.5 mg Elev Tank\Design Professional Agreement.doc Revised
5-30-02
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. 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 in 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 die performance of the 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 submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2 6 of these General Conditions mid include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary in produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4 The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for die 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.
2.2.3 The Design Professional shall review with the Owner alternative approaches (o design and construction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary derailed estimate of Construction Cost based on current area, volume or other unit costs mid
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMEN'TPHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or concoction 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 w may be appropriate, which shall comply
with all applicable law,, samtes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate in fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the concoction 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 forth of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procurhhg a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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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 OFTHE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility in 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 far Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (I ) during construction, and (2) at the Owners direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall observe the concoction site at least one time a week, while concoction is in progress, and as reasonably necessary while
concoction is not in progress, se become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner written report subsequent to
each on -site visit. On the basis of on -site observations the Design Professional shall keep the Owner informed of die progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement The Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owners approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owners rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for concoction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractors schedules or
failure in tarty out the work in accordance with the Contract Documents except insofar as such failure 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 of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contact 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 Contactors Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contact Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contactor 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 concoction 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 in reject work which does not conform to the Contact Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Convect 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. Ilowever, 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 m 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 Dam 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 Convect Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contactors, while allowing sufficient time in the Design Professional's professional judgment to
pemhit 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 intructiuns for insmllation 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 concoction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval ofan assembly of which the item is a component. When professional certification of performance characteristics
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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 Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters conceming performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response in 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 ofdrawings. 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 henveen the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
die Construction Phase.
ARTICLE ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services- The services described under Sections 32 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.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 1f 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 in assist in carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
33.1 Making material revisions in Drawings, Specifications or other documents when such revisions arc:
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.
3.3.2 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.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPT IONALADDIIRONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.43 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 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.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architecluml
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2 6.19, showing significant changes in the work made during con-
struction based on marked -up pants, drawings and other data famished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or 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 3.4.18.
ARTICLE OWNER'SRESPONSIBILITIES
4A The Owner shall consult with the Design Professional regarding requirements for the Project including (1) the Owners objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, Flexibility, expendability, special equipment systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project including the Construction Cost the Owners other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to fulfill the Owners obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall famish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, caning, deed restrictions, homiletics and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and bets 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 in a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of gemechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited in test borings test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a pan of the Additional Services, the Owner shall famish stmetuml, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at my time for the Project, including auditing services the
Owner may require to verify the Contractors Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4 5 through 4.8 shall be 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 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 founcen (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 CONSTRUCTION COST'
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the tom] cost or estimated cost to the Ownerof 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 mtes of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractors overhead and profit In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights -of --way,
financing or other costs which are the responsibility of the Owner as provided in Article 4,
5.2 RESPONSIBILITY FOR CONSTRUCF]ONCOST
5.2.1 Evaluations of the Owners Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractors methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the 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 Conswction Cost shall be established as a condition of Ore Agreement by the furnishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
he 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 my, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, my Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level ofprices 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 OWNERSIIIP AND USE OF DOCUMENTS
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 in 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 my of the information or materials developed pursuant to the Agreement in mother project or for other purposes than arc specified in the Agreement, the Design
Professional is released from any and all liability relating in their use in that project
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6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered in 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.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall he considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to die 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.
ARTICLES PAYDIEWS rO THE DESIGNPROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereon, such as employment taxes and other su mtory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits. -
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel, long-distance communications,
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer -aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAY,NIENTSONACCOUNTOFADDITIONALSER\'ICES
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 rendered or expenses incurred.
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H.Wisc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02
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 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 parry 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 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 $I 000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less Bran $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000 000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives in the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or am]. 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 harmonise 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:
L The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3, These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials- The Design Professional's materials shall not include the Owners
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confo-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
Page 7 of 8
IT \Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doe Revised 5-30-02
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the panics shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
Page 8 of 8
H:Wisc\Blank forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
7502 Greenville Ave., #220 Dallas, Texas 75231 Fax (214) 361-0204
JOHN W. BIRKHOFF, P.E.
RONALD V. CONWAY, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
PAUL A. CARLINE, P.G.
MATT HICKEY, P.E..
Mr. Frank Payne, P.E.
City Engineer, City of Denton
901 B Texas Street
Denton, Texas 76201
Re: Roselawn Drive 2.5 Million Gallon Elevated Storage Tank
Engineering Services Proposal (Revised 08/28/07)
Dear Mr. Payne:
August 28, 2007
Phone (214) 361-7900
As we discussed with you and Mr. Tim Fisher, we are pleased to submit this revised engineering scope and
fee proposal for the Roselawn Drive 2.5 Million Gallon Elevated Storage Tank project. This scope and fee
proposal replaces the proposal we submitted on May 30, 2007. We understand the project is to be located at
a site to be selected by the City of Denton in the vicinity of Roselawn Drive. Our site selection study for
this project dated May 30, 2007, suggested Site Number 2 as the preferable site; however, a final site is has
not yet been determined. We are attaching a project location map indicating our understanding of the
project site.
In general, our scope of Basic Services includes preparation of construction plans, specifications and
contract documents, bidding phase services, construction administration phase services. In addition, we
propose to provide Additional Services including field surveys, boundary surveys, preparation of
conveyance plat and field notes, preparation of a preliminary and final plat of the site, printing of plans and
specifications, and additional site visits and additional public meetings, if necessary. We also propose to
provide geotechnical evaluation and recommendations; and quality control and material testing services
during construction through our sub -consultant, Kleinfelder. Our scope of Basic and Additional Services is
more specifically described in Exhibit "A" — Engineering Services, attached hereto and made a part of this
proposal.
Based on our Site Evaluation report, our opinion of probable construction cost for the 2.5 million gallon
elevated storage tank is in the range of $3,594,000. This cost does not include property acquisition,
engineering nor quality control and material testing. We are enclosing an itemized opinion of cost for your
review.
We propose to be compensated for our work in accordance with Exhibit `B" — Payment Schedule, attached
hereto and made a part of this proposal. Our fee for basic services is $150,950 lump sum. Additional
Services as outlined are not to exceed $98,900 without written authorization by the City and shall be
compensated based on actual salary cost times a multiplier of 2.30, with expenses billed at actual invoice
amount times 1.10.
The project schedule is shown in Exhibit "C' — Project Schedule, attached hereto and made a part of this
proposal.
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank— Engineering Services Proposal
August 28, 2007
Page 2 of 10
If this proposal is acceptable, please attach this letter, Exhibits A through C; the enclosed City of Denton's
Professional Services Agreement for this project and the City of Denton's General Conditions to the
Agreement for Architectural or Engineering Services together and return one fully executed set to our office.
We look forward to working with you and the City of Denton on this important project and are standing by
to begin work upon your written authorization to proceed.
Sincerely,
C. H�ndrivrs, 1 E,,/R.P.L.S.
Enclosures
Exhibit A - Scope of Engineering Services
Exhibit B - Payment Schedule
Exhibit C — Project Schedule
Engineer's Opinion of Probable Construction Cost
City of Denton Professional Services Agreement — Roselawn Dr. 2.5 Million Gallon Elevated Tank
City of Denton General Conditions to Agreement for Architectural or Engineering Services
1 M15 ..6.wn 2 5 n cicv tvJdproposal Inmr v8-28-07.&o
P, %u I mo Pin' ;T� i i EXHIBIT 3
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank— Engineering Services Proposal
August 28, 2007
Page 3 of 10
EXHIBIT "A"
ENGINEERING SERVICES
CITY OF DENTON, TEXAS
2.5 MILLION GALLON ROSELAWN COMPOSITE ELEVATED STORAGE TANK
PART I: - Design Phase Services
1. Prepare plans and specification for construction of a 2.5 Million Gallon Composite Elevated
Storage Tank on Site 2 as identified in the Roselawn Elevated Storage Tank Site Evaluation
Report. The plans and specifications will be based on the following standards:
a. American Water Works Association (AWWA)
b. American Nation Standards Institute (ANSI)
c. American Society of Testing Materials (ASTM)
d. National Sanitation Foundation (NSF)
e. American Concrete Institute (ACI)
2. Tank Accessories to include the following:
Pipe Connections
Over Flow & Drain Piping
Mixing System
Connection to Existing SCADA
Tank Ladders
Roof Hatches
Vent
Cathodic Protection
Valve & Electric Valve Operators
Wet Riser
Access and Truck Doors
Antenna Bracket
Second Floor Storage
Obstruction Light
Interior Light System
Exterior Light System
Electrical System
Wireless Ready Amenities
3. Provisions for connecting to the City's existing monitoring and control system.
4. Provisions for site landscape screening along proposed fence lines and grass on site.
5. Provisions for on -site irrigation system, if requested by the City.
6. Provisions for on -site concrete driveway to access tank truck door.
I.\7015 c.m,& Wamon@007 rosdawn 2 5 n day tank\proposal kllc, v8-38-07.d
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank — Engineering Services Proposal
August 28, 2007
Page 4 of 10
7. Specifications for blasting and coating will be prepared that will be in conformance with the
Texas Commission on Environmental Quality Regulations.
8. Provisions for connecting site drainage to storm sewer system.
9. Preparation of FAA Notice of Proposed Construction form for City execution.
10. Confirmation of the EST high water level (I-IWL) and prepare a confirmation memorandum.
11. Data Collection - Obtain pertinent utility plans, street plans, plats, right-of-way maps, existing
easement information, contour maps, and other features within and pertaining to the project area
from the City of Denton. The Engineer will also coordinate with franchise utilities in the area
and obtain record information where available. Existing project conditions shall also be
documented using digital photography and/or video.
12. Work with affected utilities to obtain information for horizontal and vertical data for their
facilities.. Identify which utilities must be protected or relocated.
13. Coordinate with other governmental agencies, adjacent developments, and individual property
owners as necessary.
14. Prepare estimated construction quantities and formulate an opinion of probable construction
cost for the project. Present any potential alternatives, which may provide cost savings to the
City of Denton.
15. Submit three (3) sets of half -scale (I I" x 17" sheets) preliminary plans and opinions of probable
construction cost to the City of Denton for review. Provide one set of plans to each utility
company.
16. Meet with franchise utilities, if required, to communicate project details and obtain information
regarding impacts to their facilities based on these plans. Attend utility coordination meetings
related to the project.
17. Meet with the City of Denton staff to discuss preliminary plans and outline of Technical
Specifications.
18. Once the City has accepted the preliminary elevated storage tank layout, the elevated storage
tank layout will remain intact for the final design phase.
19. Revise preliminary plans incorporating comments from the City of Denton, franchise utilities
and other required governmental agencies. Final engineering plan sheets shall meet the City of
Denton standard criteria.
20. Finalize elevated storage tank construction plans, specifications and bidding documents.
21. Prepare Erosion Control Plan for project, including post -construction erosion control plans.
22. Incorporate standard details into the plans and prepare additional details as required.
I N7015 conedcd tonVW7 mschwn 2.5 n elev (md pmp se Idtc v6-2%-o7.doc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank — Engineering Services Proposal
August 28, 2007
Page 5 of 10
23. Prepare opinion of probable construction cost based on final plans
24. Prepare final bid documents including bidding requirements, proposal, bid schedule special
conditions, technical specifications and construction plans.
25. Submit three (3) sets of half -scale (l I" x 17 sheets) engineering plans and bidding documents
and specifications and final engineers opinion of probable construction cost to the City of
Denton for review.
26. Submit Plans to the TCEQ for review.
PART II: Bidding Phase Services
1. Assist in advertising for bids for the Elevated Storage Tank
2. Sell plans and specifications to prospective bidders and suppliers.
3. Document and log plan holders.
4. Issue routine addendum, as required.
5. Assist City in opening bids received.
6. Tabulate bids.
7. Check references of low bidder(s) and make recommendation to City for award of construction
contract.
8. Attend City Council (or Public Utility Board) meeting for construction contract award
9. Prepare contracts for signature by successful bidder and City.
10. Prepare notice to proceed to contractor.
PART III: Construction Administration Phase Services
I. Attend Elevated Storage Tank pre -construction conference.
2. Consult with City regarding Engineering matters associated with this project.
3. Make one site visit per month during construction for a total of 12 site visits.
4. Prepare and issue routine field changes.
5. Prepare and issue routine change orders, as they pertain to the original scope of services.
1:\7015 contdeNdenton\20o7 mselawn 2 5 m8 elev tank\proposal letter v8-28-07.doc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank — Engineering Services Proposal
August 28, 2007
Page 6 of 10
6. Review of shop drawings, test reports and other data:
This review is for the benefit of the Owner and covers only general conformance with
information given by the Contract Documents. The Contractor is to review and stamp their
approval on submittals prior to submitting to the Engineer. Review by the Engineer does not
relieve the Contractor of any responsibilities, safety measures or the necessity to construct a
complete and workable facility in accordance with the Contract Documents.
7. Preparation of monthly and final pay requests.
8. Attend final inspection conducted by the City.
9. Complete record drawings from information provided by City inspector and contractor.
10. Provide record drawings to the City in digital PDF format based on the following:
a. Birkhoff, Hendricks & Conway, L.L.P. (BIIC, LLP) makes no warranty as to the
compatibility of these files beyond the specified release of the above stated software.
b. Because data stored on electronic media can deteriorate undetected or be modified, City
agrees that BHC, LLP will not be held liable for completeness or correctness of electronic
media after an acceptance period of sixty (60) days after delivery of electronic files.
c. It is understood that the electronic files are instruments of service. Where there is a conflict
between the hard copy drawings and the electronic files, the BHC, LLP hard copy files will
govern in all cases.
d. Both parties acknowledge mutual non-exclusive ownership of the electronic files and each
party may use, alter, modify or delete the files without consequence to the other party.
Part IV: - Additional Services
1. Design and Construction Surveys.
2. Geotechnical Engineering Investigation and Report (Sub -contracted to Kleinfelder Inc.).
a. Drill 4 deep borings, with coring of rock where appropriate, at the EST site.
b. Complete laboratory testing of retrieved materials.
1:W015 c.adcddcw.n N7... dawn 2sm dcv uNc\proposal Intov9-28-09.doc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank —Engineering Services Proposal
August 28, 2007
Page 7 of 10
c. Prepare an engineering report with recommendations for a foundation system and
earthwork.
3. Conduct a boundary survey and prepare a plat and field note description for inclusion in a
conveyance document for property acquisition by the City. As required by Ordinance for the City of
Denton platting process, prepare a preliminary and final plat of the property for presentation to City
of Denton Planning Zoning Commission and approval by City Council.
4. Attend four public meetings, if required, to communicate project details to the Public Utility Board,
citizens, City Council, or other interested parties. City of Denton shall provide meeting location and
notices.
5. Printing of final plans and specifications for City staff and distribution to City of Denton Electric
Distribution, ATMOS Gas, TCEQ, the City's Materials Testing Laboratory, publishers and the
successful contractor.
6. Elevated Storage Tank Quality Control and Material Testing (performed by Kleinfelder)
a. Daily testing and inspection of steel erection and welds, including radiographic inspection.
An independent testing and inspection firm (Kleinfelder, Inc.) contracted by the Engineer
will perform the testing and inspection of steel erection and welding.
b. Daily inspection and testing of painting operation including blasting, mil thickness and
holiday testing. An independent testing and inspection firm (Kleinfelder, Inc.) contracted
by the Engineer will perform the testing and inspection of the painting operation.
c. Quality control and materials testing including optimum moisture/density, Atterburg limits,
field density test, pier inspection, concrete testing and concrete mix design review. An
independent testing and inspection firm (Kleinfelder, Inc.) contracted by the Engineer shall
perform the quality control and materials testing.
7. Additional Site Visits beyond the 12 monthly and final inspection as provided in the Basic Services
scope in Part V above.
PART V: EXCLUSIONS
Services specifically excluded from this scope are:
1. Fees for permits or advertising.
I:\7015 wnWcv ton\ N7 rosclawn 2,5 n elcv tank\pmo sal ktmr_v8-28-07.doc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank — Engineering Services Proposal
August 28, 2007
Page 8 of 10
2. Certification that the construction work is in conformance with the plans and
specifications.
3. Environmental clean-up.
4. Trench Safety designs.
5. Phasing of contractors work.
6. On -site safety precautions, programs and responsibility.
7. Revisions and/or change orders to design services as a result of revisions after
completion of the original design (unless to correct error on plans).
19015 cont&M ntonQ2W7 roscUwn 2. 5 m ele ==proposal lettR v8-28-07 doc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank — Engineering Services Proposal
August 28, 2007
Page 9 of 10
EXHIBIT "B"
PAYMENT SCHEDULE
CITY OF DENTON, TEXAS
2.5 MILLION GALLON ROSELAWN COMPOSITE ELEVATED STORAGE TANK
Payment for engineering services described under Parts I, II, and III, and IV shall be on a Lump Sum Basis as follows:
Basic Services (Lump Sum)
• Part I: Design Phase.............................................................................................................. $105,650
• Part II: Bidding Phase .......... .......................................... ...................... ....... ............ ............ ..I.... $7,550
• Part III: Construction Administration Phase ....................... ............. _............. ._............ ..... $37,750
Subtotal Parts I-111 (Lump Sum):
$150,950
Part IV: Additional Services
For the Additional Services described in Part IV, we propose to be compensated on a salary cost basis times a multiplier
of 2.30, with expenses at actual invoice cost times 1.10. Automobile mileage for special services will be invoiced at
$0.50 per mile.
We suggest you budget approximately $98,900 in the following amounts for our services on this project:
I. Design and Construction Surveys....................................................................................................................
$7,100
2. Geotechnical Engineering and Report .............................................................................................................
$10,000
3. Elevated Storage Tank Boundary Survey,
Conveyance Plat, Preliminary Plat and Final Plat: .......................... ................................................................
$14,060
4. Reproduction Expenses.................................................................................................................................
$1,500
5. Construction Materials Testing & Inspection.................................................................................................
$60,000
6. Additional Site Visit........................................................................................................................................
$2,400
7. Additional Public Meetings................................................................................................................................
$3 840
Subtotal:
Parts I through IV Not to Exceed:
$98,900
Payments are to be made on a monthly based on the percent complete of the design or construction phase for the Basic
Services, and based on the actual hourly expenditures for the Special Services.
The maximum overall fee established herein shall not be exceeded without written authorization from the City, based on
increased scope of services.
I:V015 comdeJdrnmn\200]rosdawn 25 m dcv tank\proposal ka\ v8-28-07,&c
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank — Engineering Services Proposal
August 28, 2007
Page 10 of 10
EXHIBIT "C"
COMPLETION SCHEDULE
CITY OF DENTON, TEXAS
2.5 MILLION GALLON ROSELAWN COMPOSITE ELEVATED STORAGE TANK
Boundary Surveys and Preparation of
Property Conveyance Documents ....................................... 2 months after Notice to Proceed.
Preliminary Site Plan........................................................... 2 months after Notice to Proceed
Preliminary and Final Plat ................................................... 6 months after Notice to Proceed
Preliminary Plans and Specifications .................................
4 months after Notice to Proceed
Preliminary Plan Review by Denton ..................................
1 month
Final Plans and Specifications ...........................................
1 month after receipt of City
Review Comments
Advertising and Bidding Phase ............................................
2 months
Contract Award & Execution of Contract Documents.........
1 month
Construction Phase............................................................. 15 months
Assuming an November I, 2007 Notice to Proceed, the project major milestones are as follows:
Project Milestone
Completion Date
Boundary Surveys and Preparation of
Property Conveyance Documents .........................................
January 1, 2008
Preliminary Site Plan...........................................................
January 1, 2008
Preliminary and Final Plat ...................................................
May 1, 2008
Preliminary Plans and Specifications .................................
March 1, 2008
Preliminary Plan Review by Denton ..................................
April 1, 2008
Final Plans and Specifications ............................................
May 1, 2008
Advertising and Bidding Phase ............................................
July 1, 2008
Contract Award & Execution of Contract Documents.........
August 1, 2008
Construction Phase............................................................. November 1, 2009
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