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HomeMy WebLinkAbout1999-182ORDINANCE NO qq:j� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WIER & ASSOCIATES, INC FOR BRINKER ROAD EXTENSION ENGINEERING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to hire Wier & Associates, Inc to provide professional engineering services to provide surveys, geotechnical borings and subgrade recommendations, and design services for extension of Brinker Road, NOW, THEREFORE, _ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Professional Services Agreement with Wier & Associates, Inc for professional engineering services for Brinker Road Extension, in substantially the form of the Agreement attached hereto and incorporated herein by reference SECTION II That the expenditure of funds as provided in the attached Agreement is hereby authorized SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of (2 , 1999 cl�"vLt..il.Cv JA C LLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \shared\dept\LGL\Our Documents\Ordinances\99\w,er & Associates ordinance doe PROFESSIONAL SERVICES AGREEMENT FOR BRINKER ROAD EXTENSION STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of 19lyby and between the City of Denton, Texas, a Texas municipal rporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Wier & Associates, Inc., with its corporate office at 4300 Beltway Place, Suite 130, Arlington, TX 76018, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives 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 the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation, engineering services for the extension of approximately 3,000 linear feet of four -lane divided roadway (Two twenty-five feet back-to- back pavement slabs) in a typical eightyfoot wide Right -of -Way as well as the necessary grading and storm drainage improvements. This roadway will connect Southern Hills Boulevard at its intersection with Colorado Boulevard to existing Brinker Road ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform all those services as necessary and as described in the OWNER's (NONE= (describe any request for proposal which the OWNER has utilized to solicit the CONSULTANT's services), which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B To perform all those services set forth in CONSULTANT's EXHIBIT `B'- Scope of Services which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein C CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements (If CONSULTANT is a professional engineer and you wish to list specific services of the CONSULTANT, please list all specific engineering services to be provided, including the preparation of detailed plans and specifications ) D If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above -described Basic Services, are described as follows A During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as - needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C Sampling, testing, or analysis beyond that specifically included in Basic Services D Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system E Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications F Appearing before regulatory agencies or courts as an expert witness in any litigation with Hurd parties or condemnation proceedings ansing from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER G Providing geotechmcal investigations for the site, including soil bonngs, related analyses, and recommendations H See EXHIBIT `D' for list of other additional services not included to Basic Services Page 2 ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which 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 The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of Structural Engineering, Geotechnical or other Specialty Services. 2 "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non -labor expenses not to exceed $123,800.00 Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager 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 five percent (5%) of the contract amount until completion of the Project Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement 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 Page 3 maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C " Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than 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 the said sixtieth (60`h) day, and, in addition, the CONSULTANT may, after giving seven (7) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " 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 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 tlus 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 any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project Page 4 ARTS 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 ARTS INDEMNITY AGREEMENT The CONSULTANT 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 CONSULTANT or its officers, shareholders, agents, 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 parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to tlus Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under tlus Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 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 of not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate Page 5 E The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 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, serve substitute policies furnishing the same coverage ARTICLE K 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 ansing out of or relating to tlus Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE MI TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party B This Agreement may be termmated 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 affected 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 non-performance, 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 the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation " Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The 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 use Page 6 ARTICLE MII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, 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 CONSULTANT, its employees, subcontractors, agents, and consultants All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days' mailing To CONSULTANT Wier & Associates, Inc. 4300 Beltway Place, Suite 130 Arlington, TX 76018-1097 0- ffeeltAWMI City of Denton Michael W Jez, City Manager 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing ARTICLEXV ENTIRE AGREEMENT This Agreement, consisting of ten (10) pages and four (4) 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, and agreements which may have been made in connection with the subject matter hereof 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 replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision Page 7 ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT 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 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 FV1TffQW*~ A The 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, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may anse during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTS 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 ARTICLEXi MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein Page 8 ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit "A"— (NONE) Exhibit `B"— Scope of Services Exhibit "C" — CompensatwnlTee Schedule Exhibit "D"— Other Additional Services Exhibit "E"— Project Location Map B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment 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 audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be anticipated to be primarily John P Wier, P.E., R.P L S., Ulys Lane, P.E., R.P.L.S., Philip Graham, and Ron Coombs, R P.L.S However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its fine to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being camed 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 thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement 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 Page 9 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has execute s Agreement through its duly authorized undersigned officer on this the 5. day of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY r m WITNESS 111 CONSULTANT WIER & ASSOCIATES, INC • 14*14 BY OH NP WI R, PRESIDENT Page 10 ENGINEERISURVEYOR will provide the following BASIC SERVICES for the Brinker Road Extension project (An approximate allocation of the portion of the total Basic Services Fee associated with each item is shown in parentheses after each subtitle ) Additionally, these Basic Services shall be performed in accordance with the schedule shown at the end of this Exhibit (B-1) Right -of Way Surveys ($6,000) Provide field and office services to perform field traverse, boundary ties, establish vertical control benchmarks along the general alignment (B-2) Alignment Determination & Design Surveys ($17,000) Evaluate horizontal constraints and determine geometry for the recommended horizontal alignment for the roadway City shall review and approve alignment prior to ENGINEER/SURVEYOR proceeding with the Preliminary Design Phase Establish centerline of proposed roadway alignment in the field Perform topographic, cross -sections and other design surveys along the authorized roadway alignment to collect data for design of the grading, paving, sidewalk and drainage improvements (B-3) Sample Tree Survey ($3,000) Provide field services to field locate existing trees (having diameters equal to or greater than the diameter codified in the City's tree ordinance) within a certain 300-foot length of the 80-foot wide right-of-way This selected sample site shall be at a location which ENGINEER/SURVEYOR deems to be representative and typical of average tree conditions along the route of the roadway right -of way alignment Prepare a map of the sample site showing the tree locations, sizes and types in the sample area Additionally ENGINEER/SURVEYOR will locate and bring to Engineering & Transportation Department's attention on another exhibit any "specimen" trees encountered within any other areas where cross -sections are made during the design survey phase Engineering & Transportation Department will utilize the sample map and exhibit coordinate with other City Departments as may be appropriate to obtain the permission for removal of any and all trees as may be required for construction of the project within areas both inside and outside the proposed right-of-way Exhibit 'B' Page 2 of 5 (B-4) Geotechmcal Borings & Subgrade Recommendations ($3,300) ENGINEER/SURVEYOR will subcontract to Rone Engineers for their performing in- field borings at six selected locations ENGINEER/SURVEYOR will field locate borings to be made Two of these borings will be approximately 18-feet in depth and will be located (one each) in the two areas where maximum cuts are expected Other bonngs will be 5-feet deep Geotechmcal Engineer will classify sod samples encountered and provide Atterberg limits data Geotechmcal Engineer will issue a report summarizing findings and recommended appropriate subgrade stabilization techniques (likely lime or cement) and specifications If tree density prevents access to site, borings may be delayed until a contractor is selected and clearing of the nght-of-way is completed In this case, construction bids will be based on assumed conditions and alternate bids, afterwhich a change will be issued clarify the final decisions on which alternative is to be used (B-5) Preliminary Design ($41,000) Prepare preliminary design and preliminary construction plans for the authorized grading, paving, and drainage improvements including locations for sidewalk improvements (along one side of the roadway only) A grading plan specifying the location for placement and compaction of excess excavation on adjacent Columbia/HCA controlled private property will be prepared Prepare an Engineer's Preliminary Opinion of Probable Construction Cost for the Project based on preliminary plans submitted to city Submit preliminary plans for review by the City of Denton Transportation and Engineering Department ENGINEER/SURVEYOR will provide adequate number of sets of plans to allow the Transportation and Engineering Department to submit copies of preliminary plans to any other affected departments for which simultaneous review and/or approval by others within or outside the City may be required or desired After review of the preliminary plans, representatives of the Transportation and Engineering Department shall schedule a date and time for one meeting to be held in ENGINEER/SURVEYOR'S office for the purpose of discussing the review comments Department of Transportation and Engineering shall approve preliminary plans (including the city desired design speed for the roadway) prior to ENGINEER/SURVEYOR refining those preliminary plans into final construction plans Exhibit 'B' Page 3 of 5 (B-6) Nationwide 404 Permit Coordination ($5,000) ENGINEER/SURVEYOR will coordinate the project with the Army Corps of Engineers and provide documentation and applications to obtain an nationwide Section 404 permit ENGINEER/SURVEYOR may engage a subconsultant biologist or other specialist to make wetland determinations if conditions along the project are encountered where such determinations by specialists are necessary (If an individual permit is required, additional services will be necessary and those additional services will be provided for additional compensation ) (B-7) Right of Way and/or Easement Documents ($14,000) Prepare documents for required right-of-way parcels, drainage easements, and slope easements including metes and bounds descriptions and accompanying sketches Stake the right-of-way comers once in the field prior to construction ENGINEER/SURVEYOR anticipates approximately 3 R 0 W parcels, 9 slope easements, and 3 drainage easements (B-8) Street Lighting Conduits and Irrigation Conduits ($1,000) Design and preparation of plans for Street Lighting, Irrigation and Landscaping improvements (if any) are not a part of the Basic Services to be provided by ENGINEER/SURVEYOR However, ENGINEER/SURVEYOR will receive input from appropriate Engineering and Transportation staff as to the desired sizes and locations of conduits which ENGINEER/SURVEYOR will show on plan sheets to be Installed under proposed pavements by the contractor on this project Conduits will be provided for future use by others in installing future street lighting electrical lines and for landscaping irrigation facilities (B-9) Final Design and Construction Plans ($20,500) Design and prepare construction plans, specifications, and bid documents for the authorized public improvements, including grading, paving, drainage, and sidewalks Final plans, specifications and bid documents will include pavement markings and traffic signage based on input and locations provided by Engineering & Transportation Department or their consultants Submit final plans, specifications and bid documents to the Engineering & Transportation Department for review and approval Prior bidding and selection of contractor by City, ENGINEER/SURVEYOR shall provide one set of approved mylars to City for City's use in reproducing plans for use in bidding and construction of the project Exhibit 'B' Page 4 of 5 (B-10) Erosion Control Plans($3,000) Prepare erosion control plans and detail sheets indicating erosion control measures to be implemented at the site during construction Specifications will be added requiring a Storm Water Management Plan and application be submitted by the General Contractor for an EPA NPDES permit if appropriate A permit application, an accompanying narrative, area location map, Notice of Intent and Notice of Termination forms will be prepared for inclusion in the contract documents for Contractor's use in submitting to EPA for the NPDES permit (B-11) Engineer's Opinion of Probable Construction Cost ($1,500) Prior to advertising for construction bids, prepare an Engineer's Opinion of Probable Construction Cost based on the final construction plans (B-12) Establish Major Survey Control Point for Construction Use ($2,000) Provide in the field, one time prior to construction, major honzontal survey "control points", right-of-way corners and benchmarks at reasonably accessible locations along the alignment from which City will perform construction staking for Contractor (B-13) Periodic Observations of Civil Construction ($5,000) City will provide construction inspection ENGINEER/ SURVEYOR shall provide periodic construction review and observation services during construction of the civil improvements designed by ENGINEER/ SURVEYOR These services would typically consist of not more than five (5) visits to the site during construction to review the general status of construction in -progress related to the civil improvements designed by ENGINEER/ SURVEYOR (B-14) As-built/Record Plans ($1,500) Provide a set of as -built or record plans of the completed construction (both mylars and on an electronic CADD disk formatted in a metafile format) Record plans will be based on changes, additions and revisions from the set issued for construction based on information provided to ENGINEER/SURVEYOR by City Inspector, Contractor, or from in -field surveys by others Exhibit 'B' Page 5 of 5 Schedulelfor Brinker Road SunMing/Design/Plans/Easements ENGINEER/SURVEYOR shall complete the above Basic Services within the following timeframes 06-01-99 - Assumed date that Professional Services Agreement is finalized and Engineer authorized to Proceed 08-15-99 - Complete field boundary and topo surveys, sample tree survey and establishment of horizontal and vertical alignment Meet with City to review and confirm horizontal & vertical alignment 10-01-99 - Complete Preliminary Plans for review by City (assume subsequent 3 week review period by City) 12-01-99 - Complete Final Plans, specifications, right-of-way and easement documents for review by City (Assume subsequent 2 week review period by City ) 01.04-2000 Provide final mylars for bid set reproduction by City Hourly reimbursable services will be based on each staff -hour expended, and billed at billing rates for the specific individual engaged on the project Billing rates to be based on multiplier not to exceed 2 5 times "salary cost " "Salary cost" is defined as the cost of salaries of engineers, technicians, draftspersons, stenographers, clerks, field survey crew members, laborers, couners, etc for time directly chargeable to the project, plus social security and retirement contributions, unemployment compensation insurance, medical and insurance benefits, sick leave, vacation and holiday pay applicable thereto Billing rates for specific individuals engaged on the project shall be within the categories illustrated below Office staff Principal Reg Engineer/Reg Surveyor Registered Project Eng or Surveyor Senior Technician/Graduate Engineer Draftsperson/Junior Technician Secretanal/Word Processing $120 00 to $135 00/hr $ 74 50 to $108 00/hr $ 46 00 to $ 74 50/hr $ 3100 to $ 52 50/hr $ 30 00 to $ 50 00/hr Field Survey Crew staff (Based on billing rates for individual crew members ranging from $26 00/hr to $46 00/hr each) The billing rates for survey crews will be as follows Two -man Field Survey Crew $ 80 00 Three-man Field Survey Crew $104 00 Four -man Field Survey Crew $128 00 In addition to Basic and/or Additional Services fees, the following "direct Non -Labor expenses" will be billed at cost (a) Reproduction costs for supplies, maps, plats, and plans, or other informational materials purchased or utilized for the project including computer plotting of surveys and plan sheets (b) Couner/delivery expenses (c) Travel and subsistence expenses away from home Subcontract Expenses shall be billed at cost plus 10% At this time certain Additional Services described below are not envisioned to be necessary for this project However, such Additional Services, if later authorized, can be performed on an hourly reimbursable basis or through an amendment to the contract and fee, when and if such were to become authorized (H-1) Traffic Studies Prepare traffic studies to establish the existing traffic volumes/level of service on adjacent roadways to the project, and/or to predict future traffic volumes or level of service conditions after completion of the project (H-2) Individual 404 Permit Coordination/Studies Coordinate the project with the Army Corps of Engineers and provide documentation and applications to obtain an individual Section 404 permit (H-3) Detailed or Continuous Tree Surveys or Coordination Locate trees outside the "sample area" noted under Basic Services Prepare application for and/or submittal of a tree survey in accordance with City of Denton Landscape Ordinance to determine if any trees are protected Prepare a tree preservation plan for any trees that fall within the protected tree limitations or provide any tree mitigation services (H-4) Relocation of Major Water/Sewer Utilities Design or coordinate for relocation or modification of existing major water mains, sewer mains and/or other utilities if required for the construction of proposed Paving and Drainage Improvements (H-5) Design of Water/Sewer Facilities along Roadway Improvements Design and prepare plans and construction documents for any required water and/or sewer facilities along the alignment of the paving and drainage improvements (H-6) Street Lighting & Landscaping Design of street lighting improvements or landscaping improvements Exhibit'D' Page 2 of 3 (H-7) Storm Drainage Detention Design and prepare plans, specifications, bid documents, and right-of-way or easement documents for storm drainage detention improvements (H-8) Underpass or Overpass Improvements Study, evaluate alternatives, design and/or prepare plans, specifications, and bid documents for underpass or overpass improvements at the "Rails -for -Trails" intersection (H-9) Other Geotechnical Services Design of pavement section type or thickness, borings or design for retaining walls, providing construction phase testing, or providing any other geotechnical or structural engineering services not show to be a part of Basic Services (H-10) Advertising, Bidding, and Construction Administration Provide services normally associated with notifying prospective bidders, advertising for construction bids, conducting bid opening, analyzing, tabulating or summarizing bids received Assist City of Denton in selecting and awarding the construction contract to successful bidder Perform construction administration, review of contractor interim monthly and final pay estimates Coordinate with City for final inspection and acceptance of construction (H-11) Revisions after Bidding to Reduce Cost Revising plans, specifications and bid documents, or preparing change orders to reduce the cost of improvements in the event bids received are higher than desired (H-12) Construction Staking Provide field and office services to stake slope easement limits, stake improvements for construction by contractor, restake major control points destroyed by Contractor or others, or to provide construction staking if so requested by City Exhibit 'D' Page 3 of 3 (H-13) Other Construction Phase Services Provide more periodic observations during construction than the number described under Basic Services or provide any other services during construction notdisted under Basic Services (H-14) Other Services Any other services requested and authorized but not specifically listed under Basic Services COLUMBIA TRACT WALMART `/ BRINKER TRACT 0 560 W --oft-46, % 3 COLUMBIA TRACT ��- 0 L 0 R A D 0 B L COLUMBIA T RACT V D PACE'S CROSSING ADDITION COLUMBIA TRACT COLUMBIA TRACT EXHIBIT E - LOCATION MAP 04/27/99 99004 MIR 6 ASSOCIATES, INC. mwo