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HomeMy WebLinkAbout2001-040ORDINANCE NO &OI _ Or10 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 AND SURVEYING SERVICES PERTAINING TO THE CONSTRUCTION OF THE MCCORMICK CHANNEL IMPROVEMENTS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage the firm of Teague, Nall and Perkins, Inc, a Texas Corporation, of Denton, Texas ("TN&P"), to provide professional engineering and surveying services to the City pertaining to the construction of the McCormick Channel Improvements, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional services, and that limited City staff cannot adequately perform the 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, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement, 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, of Denton, Texas, for professional engineering and surveying services pertaining to the McCormick Channel Improvements, 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 TN&P and the ability of TN&P to perform the professional 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 authonzed SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the S(L _ day of _, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY � By / S \Our Document6\Ordinances\0l\7N&P PSA McCormack Channel Ord doe STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO MCCORMICK CHANNEL IMPROVEMENTS THIS AGREEMENT is made and entered into as of the � & day of 2001, by and between the City of Denton, Texas, a Texas Municipal Corporation, with is principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Teague, Nall, and Perkins, Inc, a Texas Corporation, with its offices at The Radio Center Building, 235 West Hickory, Suite 100, Denton, Texas 76201 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly -authorized representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") Professional engineering services pertaining to the preliminary design and final design of, the preparation of construction plans and specifications for, geotechnical services, 404 Wetland permitting, services during the bidding process, the performance of related construction phase services, surveying services, and general representation during construction for the McCormick Channel Improvements ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Scope of Services", regarding McCormick Channel prepared by CONSULTANT for OWNER, which six (6) page document is attached hereto as Exlubit "A," and is incorporated herein by reference, which document is comprised of, and subdivided into the following two sections Study Phase (Special Services) Task I -Data Acquisition / Review, Task II - Field Design Surveys, Task III - Modeling and Analysis, and, 1 Task IV - 404 Permitting Design Phase (Basic Services) Task I -Preliminary Design, Task II - Utility Coordination and, Task III - Final Construction Plans / Specifications, B If there is any conflict, or if any conflict arises between the terms of this Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of this Agreement shall control over the terns and conditions of the Exhibit ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services or Special Services in the above -described Scope of Services, set forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, substantially in accordance with the Schedule set forth in Exhibit "A" attached hereto, acting through its Assistant City Manager for Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, of surveying, or for related services Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER by CONSULTANT at the actual cost plus ten (10%) percent "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of- pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project in accordance with the provisions of those tasks included in the Scope of Services set forth in Exhibit "A" attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the project schedule set forth in Exhibit "A" CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in the "Compensation" section of Exhibit "A", billed monthly CONSULTANT shall bill from time sheets, at the hourly rates and at the expense rates provided for in the "Summary of Fees" set forth in Exhibit "B" OWNER agrees to pay to CONSULTANT for its professional services performed, for its Subcontractor Expense, and for its Direct Non -Labor, out -of pocket expenses incurred in the Project, an amount of fees and expenses totaling $61,540 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities, or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not - to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III hereinabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and 3 expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another projector for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansing from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liabilities, 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 received or sustained for bodily and personal injury, death, or property damage, resulting from, and proximately caused by the negligent acts or omissions of the CONSULTANT or its officers, agents, subcontractors, subconsultants, and/or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the parry's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A 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 B 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 for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to evidence such insurance coverage The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution ansmg out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If this Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termmation The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified marl, return receipt requested, unless otherwise specified herein To CONSULTANT Teague, Nall, and Perkins, Inc Gary Vickery, P E The Radio Center Building 235 W Hickory, Suite 100 Denton, Texas 76201 Fax (940)383-8026 IW a "kiln City of Denton, Texas Michael W Jez, City Manager 215 East McKinney Denton, Texas 76201 Fax (940)349-8596 All notices given under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and three (3) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this 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 this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services 7 ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER in writing of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXI MODIFICATION No waiver or modification of this Agreement, or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto arising out of, or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to, incorporated herewith by reference, and is made a part of this Agreement for all purposes pertinent Exhibit "A" — "Itemized Scope of Services" [six (6) page document] Exhibit "B" — "Summary of Fees" [two (2) page document] Exhibit "C" - "Standard Rate Schedule" [one (1) page document] B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the Project Manager shall be Gary Vickery, P E This Agreement has been entered into with the understanding, expectation, and the OWNER's reliance, that the above -stated employee of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding the change of the Project Manager or other key personnel serving the OWNER on this Project, requested by CONSULTANT, respecting one or more of the above -stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authonzed City Manager, and CONSULTANT has executed is Agreement by and through its duly -authorized undersigned officer on this the day of �_Q��{d�, 2001 "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By ichael W Jez, C ager ATTEST JENNIFER WALTERS, CITY SECRETARY By )nz� — APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ATTEST S \Our DocumentsTontracts\01\Teague Nell & Perkins PSA doc "CONSULTANT" TEAGUE, NALL, AND PERKINS, INC A Texas Corporation 10 EXHIBIT'A' ITEMIZED SCOPE OF SERVICES GENERAL The PROJECT will involve improvements to an existing channel, extending south approximately 2,000 feet from the intersection of Willowwood and McCormick Street The improvements will be designed primarily to reduce erosion and facilitate maintenance, and secondarily to improve flood control A The following assumptions were used by the ENGINEER (Teague Nall and Perkins, Inc ) for the preparation of the scope of services for this project 1 We understand that the primary purpose of the project is to control erosion and make conditions more conducive to regular maintenance by City forces Secondary importance is placed on flood control In the course of the project, we will determine the impacts of flooding on adjacent property and consider improvements that will enhance flood protection in addition to minimizing erosion 2 No Letter of Map Revision is expected to be necessary, and accordingly is not included in the scope of services 3 Water and wastewater utility relocations are not anticipated, and accordingly are not included in the scope of design services as provided in this contract The ENGINEER shall obtain as -built plans from the City to verify grades and locations for the design and construction of storm drain features Should the above - mentioned utilities require relocations the ENGINEER will be available to perform such design under separate contract 4 It is assumed that no additional easements or right-of-way will be necessary for this project Accordingly, no boundary surveying, deed research or title research is included in this proposal The Agreement also does not include preparation of easements Readily identifiable property monuments will be tied during the design survey 5 It is expected that a Corps of Engineers 404 permit will be required for this project The ENGINEER will undertake initial contact with the Corps, and will prepare and submit a Pre -Construction Notification to the Corps, which will include a Mitigation Plan The Mitigation Plan will be based on on -site mitigation only The fee indicated in this Agreement is based on the use of a Nationwide Permit Should additional or off -site mitigation be required, or if it is determined by the Corps that an Individual Permit is required, those additional services will be outside the scope of this agreement, and will be rendered on an hourly basis We expect that the permit will require as much as nine months for processing Obviously, if a permit is not required, or if processing time varies significantly from that anticipated time, the construction schedule will be impacted accordingly FEl 6 Limited geotechrncal work is included as part of this Agreement Such investigations will be performed by a subconsultant under contract with the ENGINEER The ENGINEER shall coordinate with the geotechnical consultant and review test reports and recommendations 7 Construction plans, specifications and bid documents will be prepared to enable the City to solicit and receive bids from independent contractors to perform the construction work Reproduction costs shown are for reproduction of up to 25 sets of plans and bid documents for bid solicitation purposes Reproduction for interim review is included in the fixed fee 8 No construction administration services are included in this proposal B The project has been divided into two (2) phases of work Phase I — Study Phase, Phase II — Design Phase STUDY PHASE The Study Phase will consist of field design surveys, limited geotechmcal investigations, hydraulic modeling of the existing channel under both existing and fully developed flows, consideration of suitable alternative design solutions, preparation of preliminary cost estimates, and recommendations for the Design Phase Corps of Engineers 404 permit processing is also a part of this phase, although it will be conducted at least in part during the Design Phase DESIGN PHASE The Design Phase will involve preparation of construction plans, specifications and bid documents that will implement the selected alternative from those identified in the Study Phase PROJECT TASK BREAKDOWN The scope of services to be performed by the ENGINEER in each phase is as follows A STUDY PHASE (SPECIAL SERVICES) 1 DATA ACQUISITION/REVIEW a Meet with City staff to verify and further define project requirements and objectives b Perform field reconnaissance by walking the project area and making field notes and, if needed, a photographic record of existing conditions c Obtain readily available plans and maps for existing utilities which 12 may be affected by the work d Obtain from the CITY any available plats, site plans, construction plans for existing or proposed development and/or improvements within and adjacent to the project site e Obtain from the CITY any available hydraulic models for the subject stream f Contact DIG-TESS (Texas Excavation Safety System) to request field location of existing utilities In addition, investigate the possibility of the existence of other utility owners that may be in the project area as well, and contact them directly Such investigation will include field observation, review of existing as built plans, and contact with CITY staff g Engage a geotechnical consultant to perform a limited geotechnical investigation for design purposes h Review and evaluate the results of the geotechnical investigation 2 FIELD DESIGN SURVEYS a Perform field design surveys to tie improvements and topographic features horizontally and vertically within the project limits which will be required to design and perform the work Easement preparation and field surveying for easements on private property are not included The survey will depict existing features within the project limits, including pavement, fences, utilities, trees, buildings and other features that will affect design and construction Sufficient data will be obtained to prepare cross sections of the proposed project Surveys will show all visible existing improvements and features within the right-of-way limits throughout the project b Tie the horizontal and vertical location of known underground utilities based upon available information and "field locates" or markings provided by the utility companies ENGINEER will rely solely on the cooperation of the various utility companies and any information they or the CITY make available c Finish floor elevations on approximately 8 to 10 houses adjacent to the channel will be obtained for comparison with Base Flood Elevations determined in the study d Obtain field cross sections downstream of the project limits to Rose Lawn Road, and detail the existing culvert at Rose Lawn These sections will be taken at approximately 600' to 800' intervals e Locate existing plats for reference, and tie existing property corners, 13 where practical, to establish approximate property lines adjacent to the project Complete boundary surveying for conveyance of property is not included in the scope of services f Compile base plan from field survey data at an appropriate horizontal and vertical scale 3 MODELING & ANALYSIS a Review available hydrologic data, verify as needed, and develop flow values for both existing conditions and fully developed conditions b Extend existing hydraulic models upstream as needed, using field survey data for sections and visual observation to establish appropriate roughness coefficients c Develop and review models reflecting existing channel conditions, considering flow velocities and comparing water surface elevations with finish floor elevations d Investigate alternative designs, sections and profiles for channel improvements e Develop preliminary cost estimates for alternative designs f Prepare a report outlining the results of the analysis and recommend specific improvements 4 404 PERMITTING Meet with CITY staff during the Study Phase and again early in the Design Phase to coordinate rmitting efforts As soon as practical after selection of a design alternate, ENGINEER will prepare a Pre -Construction Notification, including a Mitigation Plan, for submittal to the U S Army Corps of Engineers for review and approval Coordinate with U$ACE to modify permit application, as necessary B DESIGN PHASE (BASIC SERVICES) 1 PRELIMINARY DESIGN a Based on the approved recommendations from the Study Phase, prepare preliminary design plans in accordance with the CITY requirements The plans will include the following 1) Existing improvements and physical features, 2) Existing street/ground profiles, 3) Existing and proposed drainage areas, patterns and calculations, 14 4) Existing storm drainage and utilities crossings in close proximity to the proposed improvements, based on public records and field surveys, 5) Proposed utility lines, including the proposed location of valves, services, manholes and other proposed features of the project, both in plan and profile, 6) Proposed location and features of connections to existing utilities, 7) Details of proposed improvements and appurtenances as necessary to define the specific intent/requirements of the proposed design Standard City details will be used and/or revised as appropriate b Prepare preliminary opinion of probable construction cost upon completion of the preliminary design c Submit up to five (5) sets of plans, dated and stamped "preliminary" to the CITY for review, discussion and comment d Meet with CITY staff to review and discuss the results of the preliminary design phase, as necessary 15 7 3 UTILITY COORDINATION a After review by the CITY, provide utility companies, including franchised utilities and pipelines with preliminary construction plans for the purposes of coordinating possible utility relocations b Request from the utility companies their best estimate of the time and schedule required for any necessary adjustments or relocations FINAL CONSTRUCTION PLANS/SPECIFICATIONS a Incorporate CITY comments and directives from the preliminary design plans, in the preparation of final construction plans, special provisions, bid proposal quantities, and technical specifications Final plans and specifications will be submitted to the CITY for review The ENGINEER will provide plans, as needed, to utility companies for relocation purposes b The final plans will conform to CITY standards and will include, in addition to the items shown on the preliminary plans, the following information 1 City title page with vicinity map and index, 2 Project layout sheets, 3 Plan and profile sheets at an appropriate horizontal and vertical scale 4 Special and standard details, 5 Erosion Control Plans, c Prepare a final opinion of probable construction cost upon completion of the final design which follows the items listed in the Proposal d Submit up to five (5) sets of plans, bid proposal quantities, special provisions, and technical specifications to the CITY for final review, discussion and comment e Meet with the CITY staff to review and discuss the final design, plans and specifications f Address review comments and provide the CITY with a letter of notification stating completion of the plans and related bid documents g Provide to the CITY one (1) set of mylar reproducibles of the final approved plans BASIC SERVICES EXHIBIT'B' SUMMARY OF FEES Design Phase Preliminary Design $ 15,440 Final Design $ 13,100 Reproduction of Bid documents $ 1,300 Subtotal Design Phase $ 29,840 SPECIAL SERVICES Study Phase Field Design Survey $ 15,600 GeotechrncalInvestigation $ 2.400 Study & Recommendations $ 5,700 USACE 404 Permitting $ 8,000 Subtotal Study Phase $ 31,700 Total Basic Services Fee = $ 29,840 Total Special Services Fee = $ 31,700 Total Basic & Special Services for PROJECT $ 61,540 The fee shown for Basic Services is based on specific assumptions regarding the nature and extent of the necessary improvements These assumptions represent a reasonable maximum expected scope of improvements Upon completion of the Study Phase if the recommended improvements differ significantly from these assumptions, an adjustment in the fixed fee for the Basic Services will be made ftause the assumptions represent an expected maximum scope of improvements, it is expected that this adjustment if any, will be to decrease the fixed fee for Basic Services Such adjustment if any, will be agreed upon in wasting by both the CITY and the ENGINEER prior to commencing the work in the Design Phase of services Reproduction costs shown are for reproduction of up to 25 sets of plans and bid documents for bid solicitation purposes This pro iect will be performed on a Fixed Fee bass for the fees set forth above Additional services not specifically included in the scope delineated in Exhibit `A' will be performed at the standard hourly rates shown on Exhibit `C' Exhibit "C" TEAGUE NALL AND PERKINS, INC Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective after January 1, 2000 (Updated 3/7/00) / Technical From To Principal $125 - $150 Per Hour Senior Engineer $75 - $106 Per Hour Engineer $65 - $95 Per Hour Graduate Engineer $55 - $80 Per Hour Senior Designer $65 - $95 Per Hour Landscape Architect / Planner $65 - $80 Per Hour CAD Operator $40 - $65 Per Hour Draftsman $40 - $65 Per Hour Clerical $35 - $55 Per Hour Resident Project Representative $37 50 - $50 Per Hour Surveying From To R P L S $75 - $95 Per Hour Senior Survey Technician $55 - $65 Per Hour Junior Survey Technician $45 - $55 Per Hour 2-Person Field Crew w/Equipment $80 - $90 Per Hour 3-Person Field Crew w/Equipment $100 - $110 Per Hour 2-Person G P S Crew w/Equipment $120 - $130 Per Hour 3-Person G P S Crew w/Equipment $140 - $150 Per Hour 1-Person Robotic Crew w/Equipment $75 - $85 Per Hour 2-Person Robotic Crew w/Equipment $95 - $105 Per Hour Direct Cost Reimbursibles Xerox Copies $0 10/page Plots (Full Size) $10 00/each Plots (11" x 17") $2 50/each Blue -line Prints $1 00/each Mylar Sepias $4 00/each Mileage $0 31/mile