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HomeMy WebLinkAbout2000-390ORDINANCE NO 0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO 1 CONSTRUCTION PROJECT, 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 Freese and Nichols, Inc , a Texas Corporation, of Fort Worth, Texas ("F&N ), to provide professional engineering and surveying services to the City pertaining to the preliminary design and final design of, the preparation of construction plans and specifications for, services during the bidding process, the performance of related construction phase services, surveying services, and general representation during construction for the Cooper Creek Regional Detention Pond No 1, 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 Freese and Nichols, Inc, a Texas Corporation, of Fort Worth, Texas, for professional engineering and surveying services pertaining to Cooper Creek Regional Detention Pond No 1 Construction Project, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of F&N and the ability of F&N to perform the professional services needed by the City for a fair and reasonable price SSECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /7 VA day of OeV by r 2000 AC'0.- EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By �1.U�yk_!i S \Our DocumentAOrdmances\Offreese & Nichols, Inc PSA Engr Svc Cooper Creek Det Pond #1 doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO.1 CONSTRUCTION PROJECT TI IS AGREEMENT is made and entered into as of the day of 0 f!( .. 2000, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and Nichols, Inc, a Texas Corporation, with its offices at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE T 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 areim connection with the following described project (the "Project") Professional engineering services pertammg to the preliminary design and final design of, the preparation of construction plans and specifications for, services during the bidding process, the performance of related construction phase services, surveying services, and general representation during construction for the Cooper Creek Regional Detention Pond No 1 ARTICLE TT 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 Cooper Creek Regional Detention Pond No 1, prepared by CONSULTANT for OWNER, which five (5) page document is attached hereto as Exhibit "A," and is incorporated herein by reference, which document is comprised of, and subdivided into the following sections 1 Data Collection, 2 Hydrologic and Hydraulic Analysis, 3 Preliminary Regional Detention Design, Sr urpoeuumue\CgWWa\PP\Prmee&Nk iaPSAUdo.e>C WMDenP 01O Page 1 of 10 4 Permitting, 5 Development of Final Plans, and 6 Construction Administration B If there is any conflict, or if any conflict anses between the terms of this Agreement and the Exhibits attached to this Agreement, the terms and conditions of tlus Agreement shall control over the terms and conditions of the Exhibits ARTICLE, III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authonzed by the OWNER, which are not included as Basic Services in the above-descnbed Scope of Services, set forth as provided by Article lI 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 1 "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 engmeenng, of surveying, or for related services Any subcontractor or subconsultant bulling 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 2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost and applying the multiplier set forth in Exhibit "B" attached hereto, 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 SW., &AMI, PSA@PW4eC wQkO PoMPItl Page 2 of 10 time, prudently incurred travel expenses related to the work on the Project, and sinular 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 six (6) tasks which are set forth on page 4 of 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, in mimmum l/4 hour or smaller time increments, at the hourly rates and at the expense rates provided for in the "Schedule of Charges" 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, a total lump -sum amount of fees and expenses not to exceed $68,100 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 Notlung 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 S WurO ummiAC4uhu4\ONProeea& Nichols FSA paloegeC WMh Pool 01� Page 3 of 10 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 hereinabove 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 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 (11/o) 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 SHIP 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 project or 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 TX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its S Ww Documdul,CanCxY\WURane6NIWIr PM 0r,lone- wr QkwP Kd Page 4 of 10 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 lessithan $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 famish 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 X1 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute Page 5 of 10 to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution ansing out of or relating to, this Agreement involving one parry's disagreement may include the other party to the disagreement without the other's approval ARTiCi N 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 termination 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 famished 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 mail, return receipt 5r uruauniau\C4pQ6MON mANId IsYSAp ffi aCo WMWtF O 01 roc Page 6 of 10 requested, unless otherwise specified herem To CONSULTANT Freese and Nichols, Inc John Rutledge, P E 4055 International Plaza, Smte 200 Fort Worth, Texas 76109 Fax (817)735-7491 To OWNER 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 two (2) 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 tlus 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. XVIT 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 ARTICTX XVill DISCRINIINATION 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 S bur WmmenWCp W00\Przew&MMI, PSAD ].V Ca ak Dd NW#1 ft Page 7 of 10 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 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 ansmg 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 tlus Article will not be waived unless as herein set forth ARTICLE XXTI 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" — "Scope of Services" [five (5) page document] Exhibit "B" — "Schedule of Charges" [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 S &NkW), PSA 0nLu,a WQk OdPo #1 Ox Page 8 of 10 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 Curtis Bietel, 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 carved 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 uted this Agree ent b and through its duly-authonzed undersigned officer on tlus the _� day of �� , 2000 :a.rD amm�uxu n,RN1d 1.PSAM,N.Je�SlQY�Pw 01 Page 9 of 10 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ATTEST' By� "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation QI "CONSULTANT" FREESE AND NICHOLS, INC A Texas Corporation SWuW ummu ftaNW we&NlN ].PSA UaWgo QAPRQkWPond Sl dan Page 10 of 10 EXHIBIT "A" SCOPE OF SERVICES COOPER CREEK REGIONAL DETENTION POND No 1 FINAL DESIGN Freese and Nichols, Inc ("CONSULTANT") proposes to provide the following professional services to the City of Denton, Texas ("OWNER'), as described in detail below TASK I DATA COLLECTION Coordinate with the survey subconsultant to perform a topographic survey of the detention pond site to establish the existing topography of the 20-acre North Point site and the 3-acre SKJ Realty site in order to improve the accuracy of earthwork quantities and produce a base map for the detention pond design The survey shall include Establish a survey baseline for the project site based on existing FEMA vertical control monumentation, and stake it with iron pins to serve as temporary benchmarks during construction 2 Tie right-of-way Imes and comers, property lines and corners, existing drainage easements, tops of bank, all trees 6 inches in diameter or larger, excluding honey locust and mesquite trees, sanitary sewer manholes (nm and flowlme elevations), available finished floor elevations of houses adjacent to the project site, fence lines, and all other visible surface features within the project limits to the survey baseline Count the number of honey locust trees 6 inches in diameter or larger and indicate their general location on the project site Produce a digital 3D topographic map of the project site with elevated contours at a 1- foot interval and the visible surface features on separate layers, for use as the base map and developing earthwork and profiles Perform one site visit to the location of the Cooper Creek Regional Pond No 1 to verify the results of the topographic survey Obtain the existing subdivision plat in the area, as well as the plans of any sanitary sewer or other utility Imes across the site TASK 2. HYDROLOGIC AND HYDRAULIC ANALYSIS Based on the best available topographic information, extend the HEC-RAS hydraulic model of Cooper Creek from Locust Street to the upstream end of the project site Verify the existing conditions and ultimate development hydrology at the site Include the existing discharges into the HEC-RAS model to establish Existing Condition 100-year water surface elevations across the site d Include the ultimate discharges into the HEC-RAS model to establish the Ultimate Development 100-year water surface elevations across the site TASK 3 PRELIMINARY REGIONAL DETENTION DESIGN Locate the proposed regional detention area on the survey drawing, as well as the existing drainage easements and the alignment of any utility lines across the site Review the previous design calculations for the regional detention pond Based on the site constraints, develop the area -capacity relationship and outlet characteristics of the regional detention pond that will satisfy the original detention requirements Utilizing the City of Denton drainage design criteria, prepare a preliminary grading plan from the survey base map that will provide the necessary area -capacity relationship Based on the preliminary grading plan, identify the necessary modifications to relocate or protect the existing 10" samtary sewer line crossing the project site The sewer will be designed to match the capacity of the existing sewer across the project site It is assumed that no demand studies will be performed, but demands may be considered if these are immediately available from the OWNER It is also assumed that no sewer line outside the limits of the project site will be modified Prepare a letter report describing the updated HEC-RAS model, the area -capacity relationship and outlet characteristics of the regional detention pond, the preliminary grading plan, and recommendations for relocating or protecting the 10" sanitary sewer to OWNER for review TASK 4. 404 PERMITTING Based on the preliminary grading plan, update the Pre -Construction Notification to reflect the preliminary layout of the detention pond After submitting the updated Pre -Construction Notification to the Corps of Engineers, arrange an on -site meeting with the Corps to discuss whether construction of the proposed detention pond can be covered under a combination of Nationwide Permits, as well as if the notification process will be required Fa Based upon this meeting, recommend modifications to the proposed detention pond that in our opinion will best meet the conditions and requirements identified by the Corps of Engineers If the Corps determines that an Individual 404 Permit is necessary, ENGINEER can provide assistance with preparing the Section 404 application (ENG FORM 4345) as an additional service d Provide up to 20 hours of additional consultation with the Corps during their permit review process, and assist OWNER in identifying project design enhancement features TASK 5 DEVELOPMENT OF FINAL PLANS Attend one coordination meeting with OWNER to obtain comments on the detention pond hydraulic analysis and preliminary grading plan Prepare a final design for completing Pond No 1, consisting of a final grading plan including control information based on the temporary benchmarks and details of the inlet and outlet structures Since it is anticipated that OWNER's forces will be used to construct the project, no specifications are included in this scope of work Develop a final cost estimate for the construction of Pond No 1 The cost estimate will be based on unit prices provided by the OWNER, since the OWNER's employees, or agents will be used to construct the project d Update the preliminary design letter report to describe the hydrologic and hydraulic calculations, the detention pond calculations, the final design, and the final cost estimate Attend one meeting with the adjacent homeowners to assist the OWNER in presenting and describing the final detention design to the homeowners Prepare a color display showing the final detention pond design TASK 6 CONSTRUCTION ADMINISTRATION Make up to four (4) visits to the site to observe the progress and the quality of work and attempt to determine in general if the work is proceeding in accordance with the Final Plans If CONSULTANT is requested to visit the site more than four times, the requested visits shall be considered an additional service and CONSULTANT shall be entitled to additional compensation OWNER RESPONSIBILITIES• OWNER is responsible for all fees and expenses related to obtaining existing data, if needed, and submitting regulatory permit applications, including the CLOMR and LOMR submittal review fees OWNER shall assist CONSULTANT by placing at the CONSULTANT'S disposal all available information pertinent to the Project, previous reports, and any other such data relative to the project, including If the OWNER does not own the property at the time of survey, OWNER shall obtain permission from the property owner to allow the survey subconsultant to enter the property, perform the survey, and perform the minimum amount of clearing necessary to establish lines of sight necessary to perform the survey 2 The location of City -owned utilities (water and sewer) and privately owned utilities (gas, telephone, etc ), if available Copies of studies/reports of previous analyses associated with the proposed Project that were not prepared by Freese and Nichols, if any CONSULTANT shall have no liability for defects in work attributable to CONSULTANT'S reliance upon, or use of data, design criteria, drawings, specifications, or other information furnished by OWNER which was not previously prepared by Freese and Nichols, and OWNER agrees to indemnify and hold CONSULTANT harmless from any and all claims andjudgments, to the extent provided by applicable law, from all losses, costs, and expenses ansmg therefrom CONSULTANT shall disclose to OWNER, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications, or other information furnished by OWNER to CONSULTANT that CONSULTANT may reasonably discover in its review and inspection thereof OWNER shall review material submitted for comment in a timely manner so as not to delay the services of CONSULTANT 1411I05 19 046. 414 Colo CONSULTANT proposes to perform the services described in Tasks 1 through Tasks 6 of the above Scope of Services for a lump sum fee, plus expenses, of an amount not to exceed $68,100 00 (SIXTY EIGHT THOUSAND ONE HUNDRED DOLLARS) Of this amount, Task 1 is $1,300, Task 2 is $3,800, Task 3 is $10,200' Task 4 is $8,400, Task 5 is $13,800, Task 6 is $4,600, and the survey subconsultant is $26,000 respecting services pertaining to the site survey If work outside or beyond the above Scope of Services is required and approved by OWNER, those additional services shall be compensated on the basis of Exhibit `B", Schedule of Charges, dated March 31, 2000 Payment for the services shall be due and payable upon submission of statements for services rendered and amounts expended Statements for services rendered and expenses shall not be submitted more frequently than monthly SCHEDULE: CONSULTANT proposes to complete the work described in Task 1 within 60 days from the date of issuance of the written notice to proceed, Tasks 2 and 3 within 100 days, Task 4 within 120 days, and Task 5 within 160 days of the date of the written notice to proceed Task 6 will be performed as needed during the construction of the project S \Our Documents\Contracts\00\Freese & Nichols PSA Scope of Services Cooper Crk Der Pond #1 doc '0 EXHIBIT B COMPENSATION Compensation to Freese and Nichols shell be based on the following Schedule of Charges Schedule of Charnels for Additional Work. POSITION MIN MAX PRINCIPAL 10544 21416 SENIOR CONSULTANT 8348 24348 MANAGER LOCAL OFFICE 13221 18834 GROUP MANAGER 13424 17881 SR DISCIPLINE LEADER 18656 18893 DISCIPLINE LEADER 10377 18285 PROGRAM MANAGER 0425 11781 ENGINEER VI 9840 16488 ENGINEER V 101 49 12686 ENGINEER IV 8840 10516 ENGINEER INTERN III 7307 10490 ENGINEER INTERN II 6718 7746 ENGINEER INTERN I 6152 7740 ELECTRICAL ENGINEER V 8783 11528 ELECTRICAL ENGINEER IV 8339 10968 ELECTRICAL ENGINEER 1 7371 7785 MECHANICAL ENGINEER VI 10150 13321 MECHANICAL ENGINEER INTERN III 6636 8710 RESIDENT ENGINEER 10364 13603 SENIOR RESIDENT REPRESENTATIVE 8988 14260 CONSTRUCTION PHASE PROJECT MANAGER 7383 10358 SPECIALTY OBSERVER 7181 9426 DESIGNER II 6514 10930 DESIGNER 7096 9471 SENIOR ENGINEERING TECHNICIAN 7345 9641 ENGINEERING TECHNICIAN 6598 8534 TECHNICIAN II 5440 7298 TECHNICIAN 1 5248 6783 DRAFTER 4250 5919 SR ESTIMATOR/SCHEDULER 7139 9370 ESTIMATORISCHEDULER 5712 7140 DOCUMENT CONTROL CLERK 4283 5329 ENVIRONMENTAL SCIENTIST V 7140 8925 ENVIRONMENTAL SCIENTIST IV 7633 9542 ENVIRONMENTAL SCIENTIST III 6313 7928 ENVIRONMENTAL SCIENTIST II 5199 6311 ENVIRONMENTAL SCIENTIST 1 4640 51 Be SENIOR ARCHITECT 11343 14179 ARCHITECT V 10149 11836 ARCHITECT IV 7154 8943 ARCHITECT 111 6037 10046 ARCHITECT II 5377 6721 ARCHITECT 1 6035 6488 HYDROLOGIST IV 8444 9221 GEOTECHNICAL ENGINEER VI 10310 12888 SENIOR GEOLOGIST 8668 10710 HYDROGEOLOGIST V 8294 10368 WORD PROCESSING/SECRETARIAL 4244 5034 OPERATIONS ANALYST 6456 9227 CONTRACT ADMINISTRATOR 0064 7587 INFORMATION SERVICES CLERK 3114 4720 CO OP 2040 4997 The pars, and Individual ubviee will be adluafed annually RATES FOR INHOUSE SERVICES m utter and CAD Calcom Plotter .I OADSfai� $10 00 per hour on 2 00 par plot PC Stations $8 00 per hour Color $3 50 per plot VAX Computer $20 00 per hour Vellum $4 00 per plot Myler $10 00 per plot Print Bho Blue nee $0 08 per square foot Offset and Xerox Copies $0 07 per single side copy Offset and Xerox Copies $0 14 per double aide copy GBCSInding(Reg Cover) $200 per book G9CIBlnding(Emboss Cover) $400 per book Tape Blnding(Reg Cover) $1 76 per book Tape Bln ling(Embo re Cover) $3 75 per book Testlna Apparatus Density Meter $350 00 per month Gas Detection $10 00 per test 10 cpm 34 03.31 00 CO 1 FNf,t� OWNER