HomeMy WebLinkAbout2004-212ORDINANCE NO. 2004- p2/A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
TEAGUE NALL AND PERKINS, INC. FOR ENGINEERING SERVICES RELATED
TO CHANNEL IMPROVEMENTS TO TRIBUTARY PEC-4 AND A BRANCH OF
TRIBUTARY PEC-4, KNOWN AS THE BELL AND WAINWRIGHT DRAINAGE
IMPROVEMENTS PROJECT; AUTHORIZING 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
firm of Teague Nall and Perkins, Inc. ("TNP"), of Denton, Texas to provide professional
engineering services pertaining to the completion of channel improvements to Tributary
PEC-4 and a branch of Tributary PEC-4, otherwise known as the Bell and Wainwright
Drainage Improvements Project; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above -referenced professional engineering services, and that
limited City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with Teague Nall and Perkins, Inc., a Corporation, of
Denton, Texas, for professional engineering services in an amount not to exceed $30,600,
pertaining to engineering services relating to channel improvements to Tributary PEC-4
and a branch of Tributary PEC-4 known as the Bell and Wainwright Drainage
Improvements Project; in substantially the form of the Professional Services Agreement
attached hereto and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of TNP and the demonstrated
ability of TNP to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
1
PASSED AND APPROVED this the ay of12004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
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PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the omhday of
2004 by and between the City of Denton, Texas, a Texas municipal
c rpor ion, 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,
Engineering Services for Channel Improvements to Tributary PEC-4 and a Branch
of Tributary PEC-4 — Attachment A, including Exhibits A, B, C and D.
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 30,600
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 $ 0
2.2.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services see Attachment C, Which includes the
fee/rate schedule
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a
multiple of 1.10 times the amounts billed to the Design Professional for such
additional services.
2.4 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.10 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of $ 200 without the prior written approval of the Owner.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
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City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Attachments A through D
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
MICHAEL A. C F
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: dIP
APPROVED AS TO LEGAL FORM:
HERBE ' L. PR U Y, Y TORNEY
BY:
Teague Nall and Perkins
BY:
Gar Vickery, P.E.
Principal
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE]. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "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 Owner's approra] a schedule for the
performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time
required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design
Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2 2
through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical
engineering services and any other engineering services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE (See Exhibit A for further. Clarification)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owner's 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. L
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.
2.25 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current
area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period of time from the commencement to the completion of construction.
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, statures, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design
Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
23.2 The Design Professional shall advise the Owner of any adjusonents to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Section 2.2.5.
2A CONSTRUCTION DOCUMENTS PHASE (See Exhibit A for further Definition and Clarification)
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.
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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.
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 Owner's responsibility for fling documents required
for the approval of governmental authorities havingjurisdiction over the Project.
25 CONSTRUCTION CONTRACT PROCUREMENT (NIA)
25.1 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 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 ofthe Owner.
25.2 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 t orninales at the issuance to the Owner of the final Certificate
for Paymi 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 professionals the administration shall also be in accordance with ALA document A201, General Conditrons of the Con-
tract for Construction, 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 ofGoveroments, 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.
2.6A The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction,
and (2) at the Owner's direction from lime 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 Documents. Design
Professional shall provide Owner a written report subsequent to each on -site visit. On the basis of on -site observations the
Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care
and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the
Agreement The Design Professional shall promptly correct any defective designs or specifications furnished by the Design
Professional at no cost to the Owner. The Owners approval, acceptance, use of or payment for all or any 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 Owner s
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design
Professional shall not be responsible for the Contractors schedules or failure to 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 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 Contactor 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 Contactors Applications for
Payment, the Design Professional shall review and certify the amounts due the Contactor.
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2.6.10 The Design Professional's certification lift 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 Contractor's Application
for Paymcnt, 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 arc 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 Prolessional has (I) 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 contemn 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 Contractor's subminals such as
Shop Drawings, Product Data and Samples for the purpose of (I) determining compliance with applicable laws, statutes,
ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the
requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay
in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design
Professional's professional judgment to permit adequate review_ Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions
for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods,
techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification of performance characteristics of matenals, 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
Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not
involving an adjustment in the Contract Sum or an extension of the Contract Time which 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 deternme 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 ratters 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 (I ) 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.
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ARTICLE ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services desenbed in this Article 3 are not included in Basic Services unless so identified in the Agreement or
Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic
Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the
Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the
Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or 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 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall
provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional
shall be compensated therefore as agreed by the Owner and Design Professional.
33 CONTINGENT ADDITIONAL SERVICES
33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
I. inconsistent with approvals or insavctions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents, or
3. due to changes required as a result of the Owner's 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-
don 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.
338 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents
Phase.
33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Professional shall be perfomred 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
3.3.9.
3A OPTIONAL ADDITIONAL SERVICES
3A.1 Providing financial feasibility or other special studies.
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3A.2 Providing planning surveys, site evaluations or comparative studies offirospmtive sites.
3A3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or
others having jurisdiction over the Project.
3A.4 Providing services relative to future facilities, systems and equipment.
3.45 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to venfy, the accuracy of drawings or other information furnished by the Owner.
3A.7 Providing coordination of construction performed by separate contractors or by the Owners run 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 rmatenals or equipment, or valuations and detailed appraisals of existing facilities.
3A.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.
3A.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, a0er issuance to the Omer 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.
3A.16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with
generally accepted arehitectural 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 furnished by the Contractor to
the Design Professional.
3A.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
3.4.18.
ARTICLE OWNER'S
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (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 Ovmer's other
costs and reasonable contingencies related to all of these costs.
43 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to
fulfill the Owners obligations under this Agreement-
4A 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.
45 Where applicable, the Owner shall famish surveys describing physical characteristics, legal limitations and utility locations
for the site of the Project, and a wrieen legal description of the site. The surveys and legal information shall include, as ap-
plicable, grades and lines of streets, alleys, pavements and adjoining pmperty and structures; adjacent drainage; rightsof-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 trecs; and information concerning available utility
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services and lines, both public and private, above and below grade, including inverts and depths. All the information on the
survey shall he referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the
Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall 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 furnish structural, mechanical, chemical, air and water pollution
lests, 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 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 oron 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
Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence
of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect
in the Project or nonconformance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or
Design Professional's consultants and shall subrrlt 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 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or
specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the
Contractofs 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 -of --way, financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST (N/A)
5.2.1 Evaluations of the Owner's Project budget, preliminaryestimates of Construction Cost and detailed estimates of Construc-
tion Cost prepared by the Design Professional represent the Design Professional's bestjudgment 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 Contactors methods of determining bid prices, or over competitive bidding or
market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals
will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
the Design Professional.
52.2 No fixed limtit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If
such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustrnents 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 lir it 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.
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ARTICLE OWNERSHIP 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 to retain copies of all such documents. Such documents are intended only be applicable to
this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes
than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that
Project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with
the Project is not to be constmed 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 more; 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 penod, Design Professional shall invoice the Owner for all work it
satisfactorily petfonned 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 termnation 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 forcontinuation 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 pertwanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive
days, the Design Professional or the Owner may terminate the Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the
Agreement shall be considered substantial nonperfomance and cause for temtination.
75 If the Owner fails to crake 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 property and satisfactorily performed prior to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment axes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred
by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the
following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out -of --town travel;
long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage
and handling of Drawings, Specifications and other documents.
8.2.13 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense ofrendenngs, models and mock-ups requested by the Owner.
8.2.15 Expense of computer -aided design and drafting equipment time when used in connection with the Project.
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8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
83 PAYMENTSONACCOUNTOF BASICSERVICES
83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work.
83.2 Wand 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 (I ) the lowest bona fide bid or (2) it
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments 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.
85 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.
UAY(Q111-*2 till] a1510 r ril
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 Camers 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 afoot 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 be
canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the
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Design Professional shall, prior to the effective date of the change or cancellation, fumish Owner with substitute
certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
IL[ 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 lens 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 unuen or oral. The
Agreement may be amended only by written instrument signed by both Owner and Design Professionalv1 hen 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 previsions. 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:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third parry
against either the Owner or Design Professional.
115 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 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, nor be deemed a release of the responsibility and liability of the Design
Professional, its employees, associates, agents, subcontractors, and subconsulta is 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 parry to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or
unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to
be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hereinafter be amended. -
I1.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on
the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive
terms or conditions of the Agreement.
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ATTAC HM ENT 'A'
ITEMIZED SCOPE OF SERVICES
BASIC SERVICES
PROJECT DESCRIPTION
The scope of Basic Services for this project generally includes preparation of detailed plans for
improvements to an existing concrete lined portion of Tributary PEC-4 (from Bell Avenue to the
branch of Tributary PEC-4 just west of Bell Avenue), and to a branch of Tributary PEC-4, (from
PEC-4 (between Bell Ave. and Wainwright) to Locust Street, just south of Maple Street (shown
on Attachment 'D' as Section 1). Basic Services also includes preparation of Schematic Plans
for Section 1 and for the section of Tributary PEC-4 from the branch of Tributary PEC-4 through
Wainwright (shown on Attachment'D' as Section 2).
This project is necessary due to the Myrtle/Eagle Drive drainage project that is currently in
design, and is expected to soon be under construction. Existing drainage facilities within the
project area as described in the preceding paragraph are not adequate to handle flows that will
be discharged from the proposed Myrtle/Eagle Drive improvements. In addition, the flowline of
the proposed upstream improvements will be lowered to accommodate other existing facilities,
making the channel improvements proposed herein necessary to enable the upstream
improvements to function.
GENERAL
A. Basis for Scope of Services
The following assumptions were used by the ENGINEER for the preparation of the scope of
services for this project:
The project limits include areas that may be considered jurisdictional waters as
defined in the Clean Water Act, and may require Section 404 permitting through
the Corps of Engineers. A brief letter report will be prepared to document our
belief that a permit will not be required. No actual permitting effort is a part of the
Basic Services of this Agreement. Corps of Engineers 404 permitting, if required,
will be conducted on an hourly basis as part of Special Services.
2. The project will be designed and constructed in accordance with the City of
Denton Standard Specifications and the Drainage Design Criteria Manual,
February 2002.
3. Right-of-way acquisition has already been completed, and the City of Denton has
provided descriptions of the property acquired. No right-of-way analysis or
acquisition is anticipated as part of Basic Services. It is assumed that the right-
of-way and easements available are adequate to meet project objectives.
4. All field surveying will be conducted by the City of Denton and will be provided to
the ENGINEER in AutoCAD format. The field surveys will supplement aerial
photogrammetric mapping to be provided by the City.
Exhibit A —Page 1
5. Tributary PEC-4 is a studied stream with a designated floodway. Improvements
to PEC-4 will require a LOMR, but no Conditional Letter of Map Revision
(CLOMR) is anticipated because there should not be any increases in Base
Flood Elevations. Preparation of the LOMR submittal package will be by the City
staff, using HEC-2 models and the schematic exhibits prepared and sealed by
the ENGINEER. City of Denton staff will use the models and exhibits provided,
and will complete all necessary FEMA forms, prepare and seal the report, and
submit to FEMA. The ENGINEER will have no involvement in preparation of the
LOMR.
6. The branch of Tributary PEC-4 is not a studied stream, and as a result, will not
require a LOMR. However, modeling will be conducted, and a report with
exhibits will be prepared to delineate the 100-year floodplain both for pre -project
and post -project conditions.
7. The proposed improvements to the branch of Tributary PEC-4 will provide an
outfall for the double barrel 10'x5' box culvert designed by Carter -Burgess, Inc.,
to convey flow from the box culvert to Tributary PEC-4. It is expected that the
proposed channel will be a concrete lined trapezoidal channel. If right-of-way
constraints or other issues make it necessary to design a channel with vertical
retaining walls rather than a trapezoidal section, a fee adjustment will be
necessary to accommodate such a change in scope.
8. Construction plans will be prepared for construction by City of Denton crews. As
a result, no bid documents will be prepared.
9. Because the project will be constructed by City of Denton forces, traffic control
plans will not be prepared as a part of this project. General notes and technical
specifications will be limited to those necessary for City of Denton forces to
construct the proposed improvements.
10. Section 2 of the project will include removal of the culvert at the intersection of
Wainwright and Highland Street, and permanent closure of Wainwright at that
location. However, this section will not be a part of the construction plans.
11. No utility relocation plans will be prepared by the ENGINEER as a part of Basic
Services. It is expected that a 12" water line will require relocation, and it is
possible that a portion of an existing 20" water line will require relocation.
12. No construction services are included as part of this Agreement.
B. Design Meetings
The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the preliminary and final plan phases of the project.
C. Data Collection
Exhibit A — Page 2
The ENGINEER will collect, compile and evaluate existing data collected from
the City of Denton or other entities that provide available existing information
related to the design of the project.
2. A location map/schematic plan will be provided to the affected utility companies
by the ENGINEER. These schematics will be used by the utility companies to
show approximate locations of their facilities that are or may be affected by the
project.
3. The ENGINEER will make every effort to obtain as -built, record and/or future
plans for the following facilities in the project area including:
a. Culverts
b. Roadway
C. Water Lines
d. Sanitary Sewer Lines
e. Storm Drain Lines
f. Telephone and Cable TV Underground and/or Overhead Lines
g. Electric Underground and/or Overhead Lines
h. Gas Lines
i. Other Utilities Known to Serve the Project Area
4. The ENGINEER will compile the preliminary information obtained above for later
use in the field to help surveyors tie existing utility locations. The locations of
utilities tied from field surveys will be shown on the paving and drainage plans, as
appropriate.
5. The ENGINEER will identify potential utility conflicts and provide this information
to utility companies.
SCHEMATIC PHASE
A. Design Concept Conference
1. The ENGINEER will arrange a design concept conference with the CITY to
establish design guidelines, design frequencies, and other criteria to be used on
the project.
B. Hydraulic Analysis
1. The ENGINEER will make use of data previously developed for the Pecan Creek
Master Drainage Plan to determine 100-year flows based on ultimate watershed
conditions, along with hydraulic data developed by Carter -Burgess for the
upstream drainage improvements. This will be the project design storm.
2. Limits of the analysis in the schematic phase will include Sections 1 and 2 as
described above.
3. Existing models of Tributary PEC-4 developed in the City of Denton Drainage
Master Plan will be used for analysis of PEC-4. These will be modified based on
Exhibit A - Page 3
the field design survey. A new model will be developed for the branch of
Tributary PEC-4 from the field design survey.
4. The ENGINEER will develop a map depicting the impact of the proposed project
on the floodplain delineation and base flood elevations.
C. Schematic Plans
The ENGINEER will prepare schematic plans for Sections 1 and 2, depicting the
proposed channel and culvert improvements. These schematic plans will be
based on preliminary hydraulic modeling and design. The schematic plans will
depict:
a. Plan view of the preliminary alignment of the proposed improvements
b. Typical sections reflecting the proposed channel geometry
C. An Opinion of Probable Construction Cost
d. Preliminary floodplain mapping based on the schematic plans and the
hydraulic analysis.
FINAL DESIGN PHASE
A. Channel and Culvert Design
The ENGINEER will develop a design of the proposed channel and culvert
improvements for Section 1 only. This design will include the proposed horizontal
and vertical alignments. These plan sheets will be at a 1"=20' scale and will
contain topographic information, existing and proposed right-of-way and property
lines, existing underground utilities at locations of conflict, existing fences,
locations of driveways and other surface features, baselines, and other pertinent
existing features. Existing features shown will be from the survey provided to the
ENGINEER by the City of Denton. The plans will also show proposed channel
and culvert improvements, contours where necessary, limits of structures, limits
of retaining walls, if any, drainage structures including pipes, limits of barriers and
any other information necessary for channel construction. Profiles at 1'=20'
horizontal scale and V= 4' vertical scale will contain existing ground lines at the
proposed profile grade line, limits of structures and profile elevations at 100 foot
intervals.
2. The ENGINEER will prepare cross -sections along the channel at 50-foot
intervals. These cross -sections will depict the proposed improvements, and will
form the basis for the determination of earthwork quantities. Cut and fill
quantities will be computed and tabulated, referencing cross -sections.
B. Other Channel Design Elements
A project title sheet will be prepared as required and included in the plans.
2. Project layout sheets will be prepared at a uniform scale that clearly indicates the
limits of the entire project and the main construction elements of the project.
3. Channel horizontal and vertical control and horizontal curve data will be shown
on the plans.
Exhibit A — Page 4
4. Details will be developed as necessary, including channel and culvert details,
drainage, utility, and miscellaneous details to describe the various types of
construction when the CITY has no pertinent standard details available.
5. Stormwater Pollution Prevention Plans (SWPPP) will be prepared for the project.
SWPPP plans will describe the implementation of practices to be used to reduce
the pollutants to storm water discharges associated with the construction site.
Standard City of Denton and NCTCOG details for erosion control will be used as
appropriate.
C. Submit Preliminary Plans (70%) for Review
1. Submit two (2) sets of preliminary plans for CITY review, along with an updated
estimate of construction cost.
2. Project quantities will be calculated and tabulated based upon the preliminary
design for inclusion use by CITY staff.
3. The ENGINEER will submit plans to utility companies for review.
4. Meet with the CITY to review and discuss the results of the preliminary plan
review, as necessary.
D. Prepare Final Design Plans
Incorporate CITY review comments and directives from the preliminary plan
review in the preparation of final construction plans.
2. Revise the preliminary quantities per changes in the final design and CITY review
comments.
E. Submit Final Plans and Specifications for CITY review
Submit two (2) sets of final plans and specifications for CITY review and
approval, along with an updated estimate of construction cost.
2. Submit detailed drawings and plans/specifications to appropriate regulatory
agency (ies) and utility companies and obtain clearance.
3. Meet with the CITY to review and discuss the results of the final design phase, as
necessary.
4. Revise the plans and specifications to incorporate CITY and regulatory agency
and utility company review comments.
RECORD DRAWINGS
1. Provide mylar drawing set of record drawings for City records, based on marked
up plans provided by the City of Denton after construction is complete.
Exhibit A — Page 5
In the event that construction differs significantly from the approved construction
plans, the ENGINEER reserves the right to negotiate a revised fee for
preparation of the record drawings.
Exhibit A — Page 6
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
None anticipated.
Exhibit A — Page 7
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. Aerial topographic data in electronic format, compatible with AutoCAD R14 or AutoCAD
2000i.
3. Field survey of existing conditions, showing spot elevations, contours, and physical features
within the limits of the project area.
4. Copies of construction plans and plats for developed property adjacent to the project.
5. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
6. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Schematic Phase
The Schematic Phase will include the hydraulic analysis and preparation of schematic
exhibits. Based on the survey and the hydraulic analysis, the schematic plans will be
submitted within 3 weeks of receipt of the field survey.
Final Design Phase - Preliminary Plans (70%)
Complete within 3 weeks of CITY approval of schematic plans
Final Design Phase - Final Plans (100%)
Complete within 2 weeks of CITY approval of Preliminary Plans
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Exhibit A - Page 8
/_T4ar_TH:11711WTH .
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in EXHIBIT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
1
r^.
9
Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
SCHEMATIC PHASE $ 5,400
FINAL DESIGN PHASE $ 24,000
RECORD DRAWINGS $ 1,000
Subtotal (Labor)
Direct Expenses
$ 30,400
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:
$ 200
Total Fee for Basic Services
TOTAL (BASIC SERVICES)
$ 30,600
Exhibit B— Page 1
B. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. No Additional Services are
anticipated for this project. The ENGINEER will be reimbursed for Additional Services,
should they be requested, as described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly basis in
accordance with EXHIBIT C, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense. Where appropriate, a not -to -exceed amount will be established
and agreed to for each item of service provided.
Exhibit B— Page 2
ATTACHMENT C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2004 to December 31, 2004*
/ Technical
From To
Principal
$110
- $200
Per Hour
Project Manager
$90
- $140
Per Hour
IT Manager
$80
- $100
Per Hour
Senior Engineer
$90
- $130
Per Hour
Engineer
$70
- $100
Per Hour
Graduate Engineer
$65
- $90
Per Hour
Landscape Architect I Planner
$80
- $95
Per Hour
Designer
$75
- $95
Per Hour
Senior Designer
$85
- $115
Per Hour
CAD Draftsman
$30
- $55
Per Hour
CAD Technician
$50
- $75
Per Hour
Senior CAD Technician
$65
- $85
Per Hour
IT Technician
$55
- $75
Per Hour
Clerical
$40
- $65
Per Hour
Resident Project Representative
$40
- $65
Per Hour
Surveying
Survey Office Manager
$115
- $120
R.P.L.S.
$90
- $110
Senior Survey Technician
$65
- $80
Junior Survey Technician
$50
- $65
2-Person Field Crew w/Equipment
$90
3-Person Field Crew w/Equipment
$105
4-Person Field Crew w/Equipment
$130
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
3-Person Robotic Crew w/Equipment
$125
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
$2.00/page
22"x34" and larger bond paper or vellum, B&W
$4.00/page
22"x34" and larger bond paper or vellum, color
$4.00/page
22"x34" and larger mylar or acetate, B&W
Mileage $0.36/mile
All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
* Rates shown are for calendar year 2004 and are subject to change in subsequent years.
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