HomeMy WebLinkAbout2002-129ORDINANCE NO. o�AV — /,- ?
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH TEAGUE NALL AND PERKINS, INC. FOR THE
DESIGN OF SPENCER ROAD (COLORADO BLVD TO LOOP 288) AS SET FORTH IN THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2815— PROFESSIONAL
SERVICES AGREEMENT FOR DESIGN OF SPENCER ROAD FROM COLORADO
BOULEVARD TO LOOP 288 AWARDED TO TEAGUE NALL AND PERKINS, INC. FOR A
TOTAL AMOUNT OF $325,630).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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 contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. That the City Manager is hereby authorized to enter into a professional service
contract with Teague Nall and Perkins, Inc., to provide professional architectural and related services
for the design of Spencer Road from Colorado Boulevard to Loop 288, a copy of which is attached
hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. ' /
PASSED AND APPROVED this the PT 6 day of Wmlvt 2002.
6w> - &L -
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L.-PjtOUTY CITY ATTORNEY
Ilm
2-ORD - PSA 2815 Spenfej/Rd to Loop 288
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
2002, by and between the City of Denton, Texas, a Texas municipal
corpora on, 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 Spencer Road Reconstruction (Colorado Blvd. To Loop
288) - Attachment A, including Exhibits A, B and C
Page 1
Q1LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic, Special, and Reimbursable Services the total compensation shall be
$325,630.00.
2.1.2 Progress payments for Basic Services shall be paid in the following amounts for
of the total compensation for the Basic Services satisfactorily completed at the end of
the following phases of the Project :
Preliminary Design Phase $ 32,775
Final Design Phase $163,875
Construction Phase $ 21,850
2.1.3 For Special Services — See Attachment — Exhibit B, Page 2
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services see Attachment C, which includes the
fee/rate schedule.
2.2.2 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.
2.3 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 $ 6,200 without the prior written approval of the Owner. This
amount includes the printing of 30 sets of construction plans and contract documents for the
purpose of bidding the project. Should the Owner require more than 30 sets of such
documents during the bidding phase of the project, all additional sets will be billed at the
rate of $2.00 per plan sheet and $0.10 per contract document sheet.
Page 2
QALDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreennentdoc
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:
1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. The Design Professional's Proposal - Attachment A
3. Attachments B and C .
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY` OOFF�DENTON
BY: / % .n
ICHAELLA. NDUFF
CITY MANAGER
ATTEST:
JENNIFE��RNNW��ALTE7RS,, C/ITY/ SECRETARY
yy
BY: ( G11C�Lf�/%%%, L� IC�GfJ•
APPROVED O L AL FORM:
HERBERT RT , CITY ATTORNEY
TEAGUE NALL AND PERKINS, INC.
Al
Gary I,Nickery, P.E.
Denton Office Manap
WITNESS:
BY:
CITY OF DENTON
Page 3
QALDD\DEN021 g2\Docs\PSA\Teague Nall Spencer Agreement.doc
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 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 Can necessary for the orderly progress of
the Project Upon request of the Owner, the Design Professional shall submit for the Owner's approval 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 subrnissions by authorities havingjunsdiction 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.
22 SCHEMATIC DESIGN PHASE (See Exhibit 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 Owner's program, construction schedule and
construction budget requirements, each in temps of the other, subject to the lirnitations set forth in Subsection 5.2.1.
2.23 The Design Professional shall review with the Owner alterative approaches to 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 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 ofconstruction.
23 DESIGN DEVELOPMENT PHASE (See ExldbitA for further Clarification)
23.1 Based m the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, sche-
dule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all
applicable laws, statutes, ordinances, codes and regulations. Notwithstanding 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 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 (See Exhibit A for further Definition and Clarification)
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 construction of the
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information,
bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor.
Page 4
Q:\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
2,q3 The Design professional shall advise the Owner of any adjustments to previous preliminary estimates of
Constuch a Cost indicated by changes in requirements or general market conditions.
2AA The Design Professional shall assist the Owner in connectionsjurisdiction with
the Pmject.esponsibiliry for filing documents
required for the appmval of governmental authorities having j
2.5 CONSTRUCTION CONTRACT PROCUREMENT of
291 The Design Professional, following the Owners approval of the .0 m chogn Donshucnonrnerts neotraclt for latest
licable to the Project includingProfetssion 1 the ahou ward of
preliminary detail estrnreemenl°method°thatOs legally shall Sapp sist the Owner in p
n C
forth
Pr
oject through Y P
competitive sealed bidding process. Although the Owner will consider the advice of the Design
the cot mction contract is at the sole discretion of the Owner
.In it
b the Design Professional, then the
2.5.2 If the constmetion connacl amount for the Project exceeds bet
construction cost of th b�0e oieed by the Owner
approved Derailed Stalerriot to
Probable Construction Costs of the Project submitted Y
or uality of she work so that the to
consWcbon cos[ of the Project w"II not exceed the
Design Professional, at its sole cost and expose, will revise the ConsWc air Documents as may
to reduce or modify die 9uantiv 9
total consWClion cost set forth in the approved Detailed Statemo[ of Probable Construction os s.
2.al CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design professional's responsibility to provide Basic Services for the Construction Phase under this f the
com f cote for payment, awar unld of the ess extended under the terms of Subsection" Z es at the issuance to the Owner of the final
t forth below
rounded in the Agreement. For
2,6,2 The Design Professional shall provide detailed administration of the Contract for Construction a se
For design p current as of the date of the Agreement, unless otherwise p
rofessionals the administration shall also be in accordance with s of document provided
General Conditions o
the Contract for Construction, Agreement, unless otherwise provided in the
a6i,,rth Centraladministration
mTexas ion shall
of lsoovemmentsdanc i as of the date ofthe the i[ions for Public Works Construction y
as the
Agreemot of the Design Professional shall not be
responsibilities ngand limitations of authority Professional.
2,6,3 Construction Phase duties,Burin
restricted, modified or extended without written agreement of the Owner and Design
26 q The Design Professional shall ec o rep resemative of and shall advise and consult with lenoOd desccribed in the
construction, and (2) to act on behalf of the Owner only to the extent
at the Owner s direction from time to time during the correction, or warranty P
Contract for Costmction. The Design Professional shall have authority
written instrument.
provided in the Agreement and these General Conditions, unless otherwise modified by re idles. of whether
ne if the
to become fan with the progess and quality of thew work
ompletein da'wetwith the rContract
2.6.5 The Design Professional shall inspect the construction site al leas[ two times a week, rid ga
construction is in progress,
work is being P of
mart subsequent to each on -sue visit. of the
the
wNks' and
erfornied in a manner indicating that the work when comp ss and quality
the Owner informed of the progre
Documents. Design Professional shall provide Owner a written P promptly reporting to the Owner any detects or
on -site observations [he Design Professional shall keep Professional represois that he will follow
shall exercise the Degree of Care and diligen subcontrae in norsn T1ia Design P tl sorest any
ctorement. The Design Professional shall " Y royal
deficiencies in [he work of Conitrn5ervicesaunder the At Professional at no cost to the Owner' The Owner's app
Degree of Care in P °rmng
defective designs or specifications furnished by the Design See Exhibit A which clarifies
acceptance, use of or paymot for all or any Part of the Design Professional's Services hereunder or of the Project itself
shall in no way alter [he can Professional's obligatrons or the Owners rights hereunder. ( _
and states actual ante visit reQpirementsJ responsible for construction
or for safety precautions and programs in connection with the work.
2.6.6 The Design Professional shall no[ have control over or charge of and shall not a resP carry out the work in
means, methods, techniques, sequences or procednaes,
The Design result from Design Professional's negligent
Professional shall not be responsible for the Contractors schedules or fan ure o
accordance with the Contract Documots except insofar as such failure tr charge
onions s the work.
acts d omissions. The Design Professional shall not have cons p n rig Pe of acts or omissions of the Contras or,
Subcontractors, or their agents or employees, e h any other p
2,6,7 The Design Professional shall a[ all times have access to the work wherever it is in preparation or progress.
2.6,g Except as may the Design Professional. Communications by
otherwise be provided in the Contract DOcnRienta or who direct communications have been
the Design Professional.
specially authorized, the Owner and Contractor shall communicate through
and with the Design Professional's consultants shall be through
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractors
Applications Cor Payment, the Design professional shall review and certify the amounts due the Contractor.
Page 5
Q.\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
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 Contractor's
Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract
Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The
issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in
the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design
Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or
. _...._ _
for what purpose the Contractor has used money previously paid on account of the Contract Sum; (Omit 2.6.10 Not
Applicable for this Agreement) The Design Professional will assist with any questions in regard to the items in-2.6.10:
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the
Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the
intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of
the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise
or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the
work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals
such as Shop Drawing, Product Data and Samples for the purpose of (1) determining compliance with applicable laws,
statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with
the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause
no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the
Design Professional's professionaljudgmentto permit adequate review. Review ofsuch submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for
substantrating 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 perfomrance characteristics of materials, systems or equipment is required by the Contract Documents, the
Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment
will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Design Professional as provided in Subsections 3. Ll 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 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 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. Omit this paragraph 2.6.15
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 drawing. 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 tender written decisions within a reasonable time on all claims, disputes or other
matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the
Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2)
will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by
acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the
Agreement or diminish any of the Design Professional's obligations thereunder.
Page 6
Q:\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreementdoc
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 _Professionalby others.
ARTICLE 3. 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 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 PROJECr 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:
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 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
connection with Change Orders and Construction Change Directives.
33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and fur-
nishing services required in connection with the replacement of such work.
33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of
the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.
33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection
with the work.
33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the
Design Professional is party thereto.
33.8 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 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.
Page 7
Q:\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
3.4 OPTIONAL ADDITIONAL 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 auth-
orities or others havingjurisdiction over the Project.
3.4.4 Providing services relative to future facilities, systems and equipment
3A.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3A.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3A.7 Providing coordination of construction performed by separate contractors or by the Owner's 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 opera-
tion.
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
3A.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for
Payment and expiration of the Warranty period of the Contract for Construction.
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 architectural practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing
significant changes in the work made during construction based on marked -up prints, drawings and other data famished by
the Contractor to the Design Professional.
3.4.19 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 3.4.18.
ARTICLE 4. OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the
Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships,
flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection
2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Co% the Owner'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.
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.
Page 8
Q:\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
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, zoning, deed restrictions, boundaries and contours of the
site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall famish the services of geo[echnical 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 part of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water
pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required
by law or the Contract Documents.
4.8 The Owner shall 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 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 furnished at
the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in
the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or
defect in the Project or nonconformance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design
Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least
fourteen (14) days prior to execution. The 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 Contractor's 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 RESPONSIBB,ITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's 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 Contractor's methods of determining bid prices,
or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or
represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction
Cost or evaluation prepared or agreed to by the Design Professional. (See Exhibit A)
5.2.2 No fixed limit 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 adjustments in the scope of the Project and to include in
Page 9
Q:\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
if any, shall be
Fixed limas• cllon.
fixed limit Consw
of the C°^^act for coon Carter St e�ecnhon coon
the Document,
oflanmate bids to a]ust ctSm�cutrig is the Conses
a ^ es in
the
Co^ Dealgn professional s to OctreOU is to the
ct Doc increase days after theC�t shall be adjusted
Contta nceA wiahin `Ht Conswction
increased in the anio not comr^e limit of con SO
fisSion of the
curement phase has ct budget or fixed een the date o5.23 If f subm
uTu to he Owner• any PT°J industry betty
in the construction TS
A of Prices proposal, are sought AND USE OF DOCUMEN this project are
general and the ve date on which ter
ART or
Owner eAYof Pthe Owner
UPS
ERStilP
ARTICLE 6. OWN doe' is
Such documents
dOCuments Prepared by the
other ce and shall become the PTO es of all such d°C
retain In °the Protects shal
l be at Own h
gpecificOfessi and developed Pursuant to e
6.1 The Drawing,lvagn professional's Pro ssional ism ns u� o such or materials professional is released
is of the ent The Design .ect, and Own mforrnation n1, the Design
instmme^ ibe this Pro] s any °f the
complen°n ofanly b�alrphble to a pwner use IV ecified in the ASTeeriie don
the event th oses than are oses I^ Conner
are intended nis or for similar Purp, has.
sole risk and mo*er PfO]ect or f1Ot eer use thatProjecT' uireme ed n8
Agree am in relating latory Teo . professional's resew
from any and all liability tits to meet official too of the Design
button of as Publication in deroga ABANDONMENT
or dism e
6,2 Subm'ssion be constin s written notice should the Ow^
oect is not to TE�pT1ON•gUSPENSION OR slgi professional.
with the Pr ] fin dayo fault of the De written notice
ARTICLE 7. Cement upon not les^ �rou� 30) days Anon
pate the ASTee^r of the Agree on dtirry ( ��,1lately uP°^ Design
ce
Professional may tertra h ,hereof with or whbout cause upon
ll cease iT^nncd
Design lessio^al a due
forlost
7.1 The Design e,fann In accordance vn ed under the Aeem
ent a any P "o , 30) day Pe Arce No amount shall be
Bally to P ropertY of the Owner °P0°
{ail substan term the Ageem end of fie thirty ( notice. form Should
Owner may efo the formed P . T° the receipt of such tied Design
professional. All n tice.nBlaborbeing to the ProleCt shall become P ect,
to the Design t of such efo and other data related er in a reasonably ° the Pro]
receip . to the Own of services
professional s work it Sal'sfacf field surveys, tl delivered
pwne for all All plans, t yld shall be pro . yprotessional for continuation
anticipated Pro I he pgrCemet with a new Design
Professional shall be
e
temnnation information sceutive days, the Design 'Cl is resumed• and
subseque^tly contract viding en the Pro' th
owner rate in PTO than 30 con erasion. s 1n the mle^°p
Professional shall cooPe er for more of such SO ,fo erases incurred
°� ed prior to notice rovide for exp
ect is suspended by the adjusted to P
7.2 It the P<°] ices sati'sf�ation lshal be equitably written notice
compensated for sery ices. ven days ed by the
ce to theDesign
Owner or
Design professional'professional's sery not less than ect is abandongiving
fte nonce
Owner upon d if the Prol eenne Oby g
resurnPupP of the Design be 1erminated by terrhneariem y abandon"terminate the Ag leted in accordance
The Agreeme^t may Protect is P
Design Professional or the Owner may
73 event that the work satisfactorily On
professional in the the D sign Professional for termination. ices
unve days nu to the De�orrttance and cause for term stateme°t for Services
than 90 cnn5ee make Payne receipt of a pie, suspend
of the Owner to ed substantial none 30) daYs of re
7A Failure dlin thirty ( vMtien notice to the
with the ASrcemen[ shall be consider t to Design professional wi seven days
otainy a the Design Professional ttiaY• °P°n ensated for
75 if the Ow^e. {ails to make ernent
and satisfactorily P professional, the Design professional shall be co
roperlY ces under The Age
P erfonriance of servi a fault of the Design
P not he fault
Prior to termination.
the event of term! fe ly P PROFESSIONAL
j6 In roP and sa Tp TItE DESIGN
servicesp elY 'fICLE 8. PAYMENTS engage Such
on the
i Professional's Pe t°s re{a ed thereto, such
ONNEL E7(pENSE ensions and
the direct salaries oft Mary'Onntributions andben vacations, p
8.1 D11�Cf YERS and cus sick leave, holidays,
erase is decoct oftlTeir mandato b�efus, insurance,
nnele Ecxrtan of the enployee
g,1.1Di�'e hand the P other stanrtory
as employment taxes and .
efrts
similar conmbutions andben
8.2 REIj.0
UlkS0LE EXPENSES
page 10
Q:\LDD\DEN02182\Docs\PSA\Teague Na115Pe^ter AgTeeme^t.doe
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 -cif -town
travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Pro-
ject.
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 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.
83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services
performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work.
83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional, compensation for any services rendered during the additional period of time shall be computed in the
manner set forth in Section 2 of the Agreement.
833 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per-
formed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest
bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or
detailed estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON 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.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account
of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes
in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or
Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular
business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project
is final, whichever date is later.
ARTICLE 9. INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and
employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not
limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages
for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the
Design Professional or its officers, shareholders, agents, or employees in the execution, operation, or performance of
the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and
nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or
litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10. INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following
insurance with an insurance company licensed to do business in the Slate 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:
Page 11
Q:\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each
occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000
for each occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less
than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability
Insurance with limits of not less than $100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate
10.5 The Design Professional shall famish insurance certificates or insurance policies to the Owner evidencing
insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and
Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation
policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such
insurance shall not 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 suitor 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 to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the
Agreement without the written consent of the Owner.
113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and
other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement
between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either
written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design
Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other
attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to
harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be
reasonably harmonized, such documents shall be given prionty in the followingorder:
I. 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.
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 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.
Page 12
Q:\LDD\DEN02182\Dms\PSA\Teague Nall Spencer Agreement.doc
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.
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 13
Q:\LDD\DEN02182\Docs\PSA\Teague Nall Spencer Agreement.doc
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
BASIC SERVICES
PROJECT DESCRIPTION
This project includes the preliminary analysis and design of a new 4-lane undivided roadway
along Spencer Road from Woodrow (Colorado Blvd.) to Loop 288.
The scope of Basic Services generally consists of the preparation of detailed plans and
specifications for the roadway and associated drainage, signalization, and utility adjustments as
needed to clear proposed drainage facilities. Special Services such as actual acquisition of
right-of-way parcels, a market study of land values for right-of-way acquisition, a traffic control
plan, regulatory permitting, hydraulic analysis and preparation of a Letter of Map Revision
(LOMR), and geotechnical investigations will also be provided, as described in Exhibit'B'.
GENERAL
A. Basis for Scope of Services
The following assumptions were used by the ENGINEER for the preparation of the scope of
Basic Services for this project:
The City of Denton has indicated it will provide an aerial topo of the project limits
in electronic format. It is our understanding that this topo will be developed with
one -foot contour interval accuracy. The ENGINEER will not be responsible for
the accuracy of the topo provided.
2. Because the topographic data to be provided will generally be accurate to within
+/- one-half foot, OWNER will conduct field surveys to accurately tie topographic
features along the project route, including existing curbs, pavement at
intersections, driveways, utilities and culverts.
3. Minimal impacts are expected to PEC-3, as the proposed multi -barrel box culvert
will easily span the creek. Section 404 permitting for the creek crossing will be
based on one Nationwide 14 permit. For purposes of this proposal, it is assumed
that the impacts to the streams can be limited to less than 200', which will
eliminate the need for a Preconstruction Notification to the Corps of Engineers.
Therefore, the 404 permitting effort will consist of notifying the Corps of
Engineers after construction is complete. In the event that stream impacts
cannot be limited as indicated, preparation of a PCN will be performed at hourly
rates as Additional Services.
4. The project will be designed and constructed in accordance with the City of
Denton Standard Specifications, the Drainage Design Criteria Manual, February
2002 and the Transportation Design Criteria Manual, February 2002.
Exhibit A— Page 1
5. It is the understanding of the ENGINEER that the total budget for construction of
this project is $3,000,000. An Opinion of Probable Construction Cost has been
prepared and is attached that projects a construction cost of $3,288,690 for the
project based on a conceptual alignment and very rough drainage calculations.
Additional monitoring of the preliminary quantities will be done by the ENGINEER
as the preliminary design progresses, and periodic reports will be made to the
CITY to advise of any changes to this cost. If necessary, adjustments to the
actual limits of construction will be made at that time to maintain adherence to
the budget. The CITY will advise ENGINEER of any costs related to the project
that must be included in the project budget other than those shown in this
proposal.
Right-of-way acquisition will be required along the roadway. Preparation of right-
of-way documents will be provided by the CITY, and acquisition efforts will be
accomplished by the ENGINEER.
7. A LOMR is anticipated for the PEC-3 crossing, but no Conditional Letter of Map
Revision (CLOMR) is anticipated. The fee shown herein for the LOMR is based
on the assumption that the construction is in conformance with the construction
plans and hydraulic models. It is assumed that the engineer for the developer of
Denton Crossing will prepare the LOMR for the PEC-2 culvert across Spencer
Road.
8. Only minor utility relocations will be required on this project. Since there are no
existing or proposed sanitary sewer lines in the roadway, the only relocations
required will be due to grade conflicts between the proposed storm drainage
system and the existing 8" and 18" water lines in Spencer Road, and any vertical
grade changes in the existing roadway that might conflict with the grade of these
existing water lines.
B. Design Meetings
The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the preliminary and final design phases of the project.
C. Project Management, Administration and Coordination
The ENGINEER will establish a work program and schedule for each
subconsultant, as necessary, at the beginning of each phase of the project. The
ENGINEER will be responsible for the coordination, supervision, review and
incorporation of work performed by subconsultants.
2. The ENGINEER will prepare exhibits for two (2) public meetings relative to the
project, and will assist City staff in conducting these meetings. It is expected that
one meeting will be held during the Preliminary Design Phase, and another just
prior to the Construction Phase.
Exhibit A — Page 2
D. Data Collection
The ENGINEER will collect, compile, and evaluate existing data collected from
the City of Denton or other entities that provide 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.
PRELIMINARY DESIGN PHASE
A. Develop Schematic Plans
The ENGINEER will develop schematic plans that depict the ultimate 4-lane
undivided Spencer Road section and alignment. These schematic plans will
consist of the following:
a. Plan view showing the lane configurations and connections to adjacent
driveways and streets.
b. Schematic profiles of the ultimate roadway.
C. Typical sections reflecting the proposed profile.
B. Determination of Scope of Construction
The ENGINEER will prepare an Opinion of Probable Construction Cost for the
construction. The ENGINEER will meet with the CITY to establish the final scope
of the construction based on the schematic plans and the Opinion of Probable
Construction Cost. At this stage the scope of the construction will be adjusted as
Exhibit A — Page 3
necessary to accommodate the project budget. Adjustments may include
changes in construction materials, revised limits of permanent and temporary
construction, or modification of project objectives.
2. The ENGINEER and CITY will agree on a scope of construction and project
budget, based on any adjustments as indicated above. The ENGINER will
proceed with preparation of construction plans based on the agreed upon scope
of construction and budget. However, the ENGINEER will not warrant that bids
received for construction of the project, if designed in accordance with the above
(and with subsequent agreed upon revisions necessary during design), will not
exceed the project budget.
FINAL DESIGN PHASE
A. Roadway and Storm Drainage Design
The ENGINEER will develop a preliminary design of the proposed roadway and
drainage improvements for the construction. The preliminary design will include
the proposed horizontal and vertical alignments. These plan sheets will be at a
1"=20' scale and contain topographic information, existing and proposed right-of-
way lines, existing underground utilities at locations of conflict, locations of
driveways, typical sections, roadway baselines, pavement edges, culvert layouts
and sections, 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 pavement 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.
Upon completion, the preliminary design will be submitted to the CITY for review.
The preliminary design must be approved by the CITY prior to the start of the
final design phase.
2. The ENGINEER will prepare cross -sections along the roadway at 100-foot
intervals, which will extend to the proposed right-of-way limits. These cross -
sections will form the basis for the determination of earthwork quantities. Cut
and fill quantities will be computed and tabulated, referencing cross -sections.
Cross -sections will be included in the preliminary and final plans.
B. Other Roadway 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 which clearly indicate
the limits of the entire project and the main construction elements of the project.
3. Roadway typical sections will be prepared for paving sections along the various
portions of the project.
Roadway horizontal and vertical control and horizontal curve data will be shown
on the plans.
Exhibit A — Page 4
5. Supplementary intersection layout information will be prepared to properly show
the relationship between the profiles of intersecting streets, where deemed
necessary by the ENGINEER.
6. Details will be developed as necessary, including paving, drainage, culvert, utility,
and miscellaneous details to describe the various types of construction when the
CITY has no pertinent standard details available.
A Stormwater Pollution Prevention Plan (SWPPP) will be prepared for the
project. The SWPPP plan 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.
Pullboxes and electrical conduit will be shown for future signalization at three
intersections.
C. Drainage Plans and Details
Drainage area maps will be prepared at a scale of 1 "=200', using available City of
Denton contour maps. Off -site drainage areas will be depicted at a scale of
V=400' minimum scale. Cross -culverts and storm drain systems will be located
and sub -drainage areas determined. The runoff to each culvert and storm drain
system will be calculated in accordance with the City of Denton Drainage Design
Criteria Manual, February 2002.
2. Plan/profile sheets will be provided for new culvert and storm drain construction.
Any plan and/or design information and related details previously prepared by the
engineer for Denton Crossing on PEC-2 will be utilized in these plans to the
extent possible.
3. Miscellaneous drainage details will be prepared for any drainage related items,
which are not covered by the CITY's standard details.
D. Signing and Pavement Markings
The ENGINEER will develop signing and pavement marking layout sheets for the
project at an appropriate scale. These layouts will include baselines, pavement
edges, right-of-way lines, pictorially depicted signs with their locations, pavement
markings and buttons with dimensioning, culverts and other structures which may
present a hazard to traffic, and proposed delineators and object markers.
E. Traffic Control Plans
The ENGINEER shall prepare a traffic control plan to adequately represent the
phasing of the various elements of the construction and to provide for minimal
interruption to both citizens and the Contractor during the entire construction
process.
Preliminary Quantities and Opinion of Probable Cost
Exhibit A— Page 5
1. Project quantities will be calculated and tabulated based upon the preliminary
design for inclusion in the bid proposal and the preliminary opinion of probable
cost.
2. The ENGINEER's opinion of probable construction costs will be prepared for the
entire project using current unit cost data. These opinions of cost will be
provided on the basis of ENGINEER's experience and professional judgment, but
will not imply any warranty that final bids might not vary from the cost opinions
provided, since neither the ENGINEER nor the CITY have any control over
market conditions or bidding procedures.
G. Submit Preliminary Plans for Review
1. Submit up to five (5) sets of preliminary plans for CITY review.
2. Submit plans to utility companies for review.
3. Meet with the CITY to review and discuss the results of the preliminary design
phase, as necessary.
H. Prepare Final Design Plans
1. Incorporate CITY review comments and directives from the preliminary design
plans in the preparation of final construction plans.
Calculate Final Quantities and Prepare Final Opinion of Probable Cost
1. Revise the preliminary quantities and opinion of probable costs per changes in
the final design and CITY review comments.
J. Prepare Contract Documents and Specifications
1. Compile special provisions necessary for the project.
2. Compile specifications necessary for the project. Any special specifications will
also be prepared. The CITY will provide a copy of their standard specifications in
digital format, if available.
3. Compile and develop a list of general notes necessary for the project.
4. Prepare complete contract documents and specifications for bidding purposes.
K. Submit Final Plans, Specifications, and Contract Documents for CITY review
1. Submit up to five (5) sets of final bid documents for CITY review and approval.
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.
Exhibit A — Page 6
4. Prepare exhibits and materials necessary for submittal to TxDOT for a permit at
the Loop 288 intersection.
BIDDING & CONTRACT AWARD PHASE
A. Advertising
ENGINEER will assist the CITY in the advertisement of the project for bid. The
CITY shall bear the cost of advertisement. The ENGINEER shall provide all
necessary printing of construction plans, specifications and contract documents
(up to 30 sets) for use in obtaining bids, awarding contracts, and constructing the
project. The CITY shall be responsible for dispersing all plans and specifications
from its purchasing department to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding &
Contract Award phase by responding to bidder and CITY questions, reviewing
the bids, preparing a bid tabulation, and making a recommendation of award to
the CITY.
CONSTRUCTION PHASE
A. Construction Observation and Contract Administration
The ENGINEER will provide limited construction observation and contract administration
for the project within the scope of Basic Services as outlined below. Detailed daily
construction inspection will be performed by the CITY. Any construction phase services
requested by the CITY beyond those described below will be provided as Additional
Services.
Attend pre -construction conference.
2. Visit the site on an irregular basis as directed by the CITY, up to three visits.
3. Consult and advise the CITY; and prepare routine change orders as required.
4. Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data which the Contractor is
required to submit, only for conformance with the design concept of the project
and compliance with the information given by the Contract Documents; and
assemble written guarantees which are required by the Contract Documents.
Exhibit A — Page 7
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
Special Services to be provided by the ENGINEER for this Project include: Market Study of
Land Values, Acquisition of Right -of -Way Parcels, Geotechnical Investigations, preparation of
Traffic Control Plans, preparation of a LOMR for PEC-3, and preparation and submittal of 404
permit documents to the Corps of Engineers. The scope of work for these Special Services is
more specifically described as follows:
PREPARATION OF DTM AND TOPOGRAPHIC DATA
Engineer will prepare a Digital Terrain Model (DTM) for use in developing cross
sections and profiles, using electronic files provided by the City. One -foot contour
interval topo will also be generated from this DTM.
MARKET STUDY OF LAND VALUES
Engineer's subconsultant, Kenneth Martin and Associates, will provide a market
study of the land values in the project area for the purpose of establishing a fair
market value for the right-of-way parcels to be acquired for this project.
2. The results of this study will be discussed with the City prior to preparing and
presenting offers to affected property owners for the acquisition of their property for
right-of-way.
3. A final report of the parameters and other data used in the study as well as final
conclusions regarding property values will be submitted to the City.
ACQUISITION OF RIGHT-OF-WAY PARCELS
1. Engineer's subconsultant, Kenneth Martin and Associates, (KMA) will also be
responsible for the acquisition of each right-of-way parcel on the project.
2. Based upon the results of the market study of land values, KMA will make
recommendations to the City for the proposed settlement/acquisition cost for each
right-of-way parcel. From these recommendations, a budget will be established for
right-of-way acquisition.
3. The following steps outline the scope of services KMA will follow in acquiring these
parcels:
a. Initial investigation and contact with landowners, tenants and utility companies
along the proposed right-of-way, including the provision of:
• survey notices
• environmental site inspection notices, if necessary, and
• appraisal notices
b. Review of engineering surveys and environmental reports.
c. Implementation of relocation procedures to relocate tenants, landowners, and
utilities along the roadway, only if necessary.
d. Produce Right -of -Entry Agreements.
Exhibit A— Page 8
e. Negotiation of purchases and donations with landowners.
f. Acquisition of insured fee simple or easement interests in all right-of-way parcels.
g. Litigation of right-of-way disputes through eminent domain proceedings; and
h. Provide periodic oral and written reports and updates to the City describing in
detail the status of each parcel.
4. KMA will coordinate efforts with the City of Denton staff and City attorney during
condemnation proceedings, and will represent the City throughout the process.
GEOTECHNICAL INVESTIGATIONS
(Note: Geotechnica/ Investigations will be performed by a sub -consultant under
contract with the ENGINEER. The ENGINEER shall coordinate with the geotechnical
consultant and review test reports and recommendations. A copy of the agreement
between ENGINEER and CMJ Engineering, Inc. will be provided after approval of this
Agreement and made part of this Agreement between CITY and ENGINEER).
A. Field Investigation
1. Eleven (11) borings will be taken at regular intervals along the length of the
project, generally to a depth of 8'. Four (4) borings will be taken near the
proposed PEC-2 and PEC-3 structures, to a depth of approximately 20'.
B. Laboratory Analysis and Report
1. Laboratory analysis will include moisture analysis, soil identification, Atterberg
limits determinations, unit weight determinations, unconfined compression tests
and lime series tests.
2. Boring logs will be provided on all borings, and a report summarizing the findings
of the analysis will be prepared.
3. Recommendations will be made for placement of fill material along with
guidelines for pavement design.
TRAFFIC CONTROL PLANS
1. Traffic control plans will be prepared at an appropriate scale and will show
existing conditions and detours necessary to maintain traffic flow during each
phase of the construction.
2. All temporary signs and pavement markings will be identified, along with
necessary project sequencing.
3. Traffic control plans will be in accordance with the Texas Manual of Uniform
Traffic Control Devices.
CORPS OF ENGINEERS 404 PERMIT
1. Data will be compiled both before and after design and construction for submittal
to the Corps of Engineers for a Nationwide 14 permit for the PEC-3 crossing.
Exhibit A — Page 9
2. A brief report will be prepared during the preliminary design phase, outlining the
nature of the jurisdictional waters and the impacts of the project on these waters.
3. Upon completion of construction, notification will be submitted to the Corps
outlining the impacts of the project. For purposes of this proposal, it is assumed
that the impacts to the stream (PEC-3) can be limited to less than 200', which will
eliminate the need for a Preconstruction Notification to the Corps of Engineers.
In the event that the stream impact cannot be limited as indicated, preparation of
a PCN will be performed as Additional Services in accordance with the hourly
rate schedule in Attachment "C".
LETTER OF MAP REVISION (LOMR)
Models developed in the Preliminary Design Phase will be compiled and
prepared for submittal after an evaluation is made to determine if a LOMR is
required on PEC-3. It is assumed that the developer's engineer for the
Denton Crossing development will be responsible for preparing the LOMR
for PEC-2.
2. A work map and annotated FIRM map will be prepared based on the models.
3. All necessary FEMA forms will be completed.
4. Limited field verification will be conducted to ensure the construction was
completed according to the plans and models. In the event that significant
variances are discovered during this verification, a more extensive verification
may be required, along with additional modeling, to assess the affect of the
variances. This additional modeling and field verification will be performed by
ENGINEER as Additional Services in accordance with the hourly rate schedule in
Attachment "C".
5. Materials for submittal to FEMA will be submitted to CITY for review and
processing through FEMA. CITY will pay all necessary FEMA review fees.
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. Vertical and horizontal control used for the aerial survey.
4. Copies of construction plans and plats for developed property adjacent to the project.
Exhibit A — Page 10
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.
Design Field Surveys, right-of-way research, and preparation of right-of-way documents for
acquisition by ENGINEER's subconsultant. (Under this arrangement, ENGINEER shall not
be held responsible for the accuracy and/or quality of these design surveys nor the right-of-
way documents prepared by the CITY. Likewise, the design surveys shall be provided to
the ENGINEER in AutoCAD LDD format, and all data points must be provided in a
comparable format. Design surveys shall include adequate labeling of all data points as well
as all line work, which must be completed and ready for immediate design use by the
ENGINEER. Should the ENGINEER find any errors or omissions in the digital design
surveys, the project schedule requirements shall be suspended, upon ENGINEER's
notification of such errors and/or omissions to CITY, until such time that such errors and/or
omissions have been corrected by the CITY).
PROJECT SCHEDULE
Preliminary Design Phase
Complete within 6 weeks of receipt from CITY of design field surveys (contingent
upon qualifications of Item 7 above)
Final Design Phase - Preliminary Plans (90%)
Complete within 16 weeks of CITY approval of preliminary design (schematics)
Final Design Phase - Final Plans
Complete within 4 weeks of CITY approval of Preliminary Plans (includes 2
weeks of CITY review prior to completion of final Bid Documents)
Construction Phase
Will proceed with construction
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 11
ATTACHMENT `B'
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
2.
3.
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:
PRELIMINARY DESIGN PHASE $ 32,775
FINAL DESIGN PHASE $ 163,875
CONSTRUCTION PHASE $ 21,850
Subtotal (Labor)
Direct Expenses
$ 218,500
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:
$ 6,200
Total Fee for Basic Services
TOTAL (BASIC SERVICES)
$ 224,700
Exhibit B— Page 1
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
EXHIBIT A, Itemized Scope of Services, shall be considered Special Services, as
identified in EXHIBIT A, Special Services to be Provided by Engineer. The ENGINEER
will be reimbursed for Special Services as described below:
Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Special Services identified in EXHIBIT
A:
Preparation of DTM & Topo
Acquisition of R-O-W Parcels (Services Only)*
(Max. 23 parcels @ not -to -exceed
amount of $ 3,000/parcel)
Geotechnical Investigations
Traffic Control Plans
COE 404 Permit Coordination
Letter of Map Revision (PEC-3)
TOTAL (SPECIAL SERVICES)
* Includes market study of land values.
$ 1,800
$ 69,000
$ 10,230
$ 6,400
$ 1,500
12,000
$ 100,930
Progress payments for these Special Services shall be paid to the Engineer by the City
on a monthly basis based on the estimated percentage (%) of the total work effort
completed during that month less any payments for previously invoiced services.
C. 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, except for property appraisals as indicated below. The
ENGINEER will be reimbursed for Additional Services, should they be requested, as
described below:
i�IMli.7,
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. Individual appraisals
Exhibit B— Page 2
2
A
necessary for right-of-way acquisition will be performed at a Fixed Fee of
$1,950 per parcel.
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.
SUMMARY OF FEES:
1. Basic Services
Labor $ 218,500
Direct Reimbursable Expenses $ 6,200
TOTAL (BASIC SERVICES) $ 224,700
2. Special Services
Labor
$ 100,930
TOTAL (SPECIAL SERVICES) $ 100,930
3. Additional Services
Labor $ To Be Determined
Direct Expenses $ To Be Determined
TOTAL (ADDITIONAL SERVICES)
$ To Be Determined
4. Total Fees for Project
TOTAL FEES
$ 325,630
Exhibit B— Page 3
ATTACHMENT `C'
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2002 to December 31, 2002*
Engineering / Technical
From
To
Principal
$125
- $175
Per Hour
Project Manager
$100
- $120
Per Hour
IT Manager
$75
- $90
Per Hour
Senior Engineer
$80
- $120
Per Hour
Engineer
$65
- $95
Per Hour
Graduate Engineer
$60
- $90
Per Hour
Senior Designer
$65
- $115
Per Hour
Designer
$50
- $70
Per Hour
Landscape Architect / Planner
$75
- $85
Per Hour
CAD Technician
$45
- $75
Per Hour
Intern Technician
$35
- $50
Per Hour
Clerical
$40
- $60
Per Hour
Resident Project Representative
$40
- $55
Per Hour
Surveying
Survey Office Manager
$100
R.P.L.S.
$85
Senior Survey Technician
$65
Junior Survey
Technician
$55
2-Person
Field Crew w/Equipment
$85
3-Person
Field Crew w/Equipment
$100
4-Person
Field Crew w/Equipment
$120
2-Person
G.P.S. Crew w/Equipment
$120
3-Person
G.P.S. Crew w/Equipment
$140
1-Person
Robotic Crew w/Equipment
$85
2-Person
Robotic Crew w/Equipment
$95
3-Person
Robotic Crew w/Equipment
$115
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
Blueline Prints
$2.00/page
all sizes
Sepias
$4.00/page
all sizes mylar or acetate film
Mileage
$0.36/mile
All Subcontracted
and outsourced services billed at actual cost plus 10%
* Rates shown are for calendar year 2002 and are subject to change in subsequent years.
0:\LDD\DEN02162\Does\PSA\02162a0C.dm