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1999-355AN O~INANCE ^HTHORIZINO THE C,TY M~AOER TO ENTER INTO ^ PROFEmONAL SERWCES AOREEMENT FOR SERWCES RE~^T~ TO IMPROVItMENTS TO SOUTH LAKES PARK AND JOE SIC[LES PARK WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC , AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the C~ty Manager ~s hereby authorized to enter into a Professional Services Agreement w~th Sehnckel, Rollins and Assomates, Inc, substanUally ~n the form of the Agreement attached to and made a part of th~s ordinance for all purposes, for the purpose of acqumng professional serwces relaUng to improvements to South Lakes Park and Joe Skfles Park ~ That the C~ty Manager ~s hereby authorized to make the expenditures as reqmred m the attached Professional Serwces Agreement ~ That this ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the ff~'~ day o f ~t'~d~_, 1999 J~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY · . ~ APP~d~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PROFESSIONAL SERVICES AGREEMENT FOR Sehriekel, Rollins and Associates, Inc. STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 21st day of September, 1999, by and between the City of Denton, Texas, a Texas municipal corporation, w~th its prmclpal office at 215 East Mcganney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Sehriekei, Rollins and Associates, Ine, w~th its corporate office at 1161 Corporate Drive West, Suite 200, Arlington, Texas 76006, hereinafter called "CONSULTANT," acUng herein, by and through their duly authorized representatives WITNESSETI-I, that in consideration of the covenants and agreements herem contmned, 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 m the sections to follow, with diligence and in accordance with the highest professional standards customarily obtmned for such services in the State of Texas The professional services set out herein are in connection with the following described project South Lakes Park and Joe Siales Park Improvements: The ProJect shall include, without limitation, design development, complete construction and bid documents for improvements at South Lakes Park and Joe Skiles Park. Improvements include pedesttnan trails, athletic practice fields, pieme facilities, restroom, signage, parking spaces, playground and site furniture 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 dasenbed in the OWNER's letter of August 20, 1999, wlueh is attached hereto and made a part hereof as Exhtblt "A" as ~f written word for word herein B To perform all those services set forth in CONSULTANT's Proposal for Professional Services of September 1, 1999, wluch 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 Basic services to be provided include the followng phases' Design Development, Construction Documents~ Bidding and Construction Observation. 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 Topograpbac Survey and Base Map preparation of approximately 15 acres B Geotechnlcal Investigation and Report C Reimbursable Expenses including reproduction expenses, postage and delivery expenses and other reimbursable expenses as requested and authorized by the City of Denton 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 remam in fome 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 Th~s Agreement may be sooner terminated in accordance w~th the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth hereto as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or has designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "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 s~mflar incidental expenses in connection with that assignment 2 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of architecture Page 2 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 m 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 $'/1,500 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 mount until completion of the ProJect Nothing contained in tins Article shall reqmre the OWNER to pay for any work winch is unsatisfactory, as reasonably determined by the City Manager or his designee, or winch is not submitted in compliance with the terms of tins Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It ts 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 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 (60th) 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 semces, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one pement (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation" Page 3 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in dlscovenng 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 furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to flus 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 m 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 th~s Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all hablhty 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 arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and agamst any and all liability, clmms, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees ~ncurred by the OWNER, and including, without limitation, damages for boddy and personal ~njury, death and property damage, resulting from the neghgent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance ofthxs Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and notlung herein shall wmve any of the parties' defenses, both at law or equity, to any clmm, cause of action, or htlgatlon filed by anyone not a party to th~s Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved Page 4 ARTICLE X INSURANCE Dunng the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business m the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Careers 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 m the aggregate, and w~th property damage limits of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Liability Insurance vath 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 hnuts of not less than $100,000 for each accident C Worker's Compensation Insurance m 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 E The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance poheies 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 wathout thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effecttve date of the change or cancellation, serve substitute policies furmshmg the same coverage ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parUes may agree to settle any chsputes under this Agreement by submitting the dispute to arbltrataon or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution arising 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 Notwithstanchng any other provision of this Agreement, either party may terminate by glymg tlurty (30) days' advance written notice to the other party B This Agreement may be terminated m whole or m part in the event of either party substantially fmhng to fulfill its obligations under this Agreement No such termination will be affected unless the other party is g~ven (1) written notice (delivered by certafied Page 5 mtul, return recetpt 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 fadure, and (2) an opportunity for consultation w~th the terminating party prior to termination C If the Agreement ts terminated prior to completion of the servmes to be prowded hereunder, CONSULTANT shall tmmed~ately cease all servmes and shall render a final btll for servtces to the OWNER w~thm thtrty (30) days after the date oftermmatton The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for retmbursable expenses to termination mcurred prior to the date of temunat~on, m accordance w~th Arttcle V "Compensation" Should the OWNER subsequently contract w~th a new consultant for the conttnuat~on of services on the ProJect, CONSULTANT shall cooperate tn prowdmg mformat~on The CONSULTANT shall mm over all documents prepared or furnished by CONSULTANT pursuant to th~s Agreement to the OWNER on or before the date of termmatton, but may mmntmn coptes of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constttute, nor be deemed a release of the respons~bthty and habdlty of the CONSULTANT, tts 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 assumptton of such responstb~hty by the OWNER for any defect ~n the destgn or other work prepared by the CONSULTANT, ~ts employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All noUces, commumcattons, and reports required or permitted under thts Agreement shall be personally dehvered or totaled to the respective part,es by depositing same ~n the Umted States mail to the address shown below, certffied mini, return receipt requested, unless otherx, ase specified heretn Ma~led notmes shall be deemed communmated as of three (3) days' mmhng To CONSULTANT To OWNER V~ctor Baxter, Vtce President C~ty of Denton Sctmckel, Rolhns and Assomates, Inc Ed Hodney 1161 Corporate Drive West, State 200 321 East McK~nney Arhngton~ Texas 76006 Denton, Texas 76201 All nottces shall be deemed effective upon recetpt by the party to whom such nottce ~s g~ven, or wttlun three (3) days' mmlmg Page 6 ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of mneteen (19) 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, and agreements which may have been made in connection vath 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 unenfomeable, it shall be considered severable from the remmnder of this Agreement and shall not cause the remainder to be invalid or unenfomeable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision wluch comes as close as possible to expressing the intention of the stricken provision 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,performmg the services reqmred hereunder, the CONSULTANT shall not discriminate agmnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handmap ARTICLE XIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel reqmred 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 arise 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 Page 7 ARTICLE XX A~SIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest m this Agreement (whether by asslgmnent, novation, or otherwise) w~thout the prior written consent of the OWNER ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condmon, or hmltatlon herein contmned shall be valid unless in writing and duly executed by the party to be charged therevath, and no evidence of any weaver or modification shall be offered or received in ewdance m any proceeding arising between the parttes hereto out of or affectxng this Agreement, or the r~ghts or obligations of the parttes hereunder, and unless such weaver or modlfieauon is ~n writing and duly executed, and the parties further agree that the provlsxons of this section vall not be weaved unless as set forth herein ARTICLE XXII MISCELLANEOUS A The following exbablts are attached to and made a part of tlus Agreement Exhibit A - Owner's Letter of August 20, 1999 Exhibit B - Consultant's Proposal for Professional Services of September 1, 1999 Exhlbxt C - Consultant's Hourly Wage Schedule 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 mvolwng transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal worlong hours to all necessary CONSULTANT faelhtles and shall be provided adequate and approprxate workmg space m order to conduct audits m eomphance with this seeUon OWNER shall g~ve CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under th~s Agreement shall he exclusively m Denton County, Texas This Agreement shall be construed m accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who wxll perform most of the work hereunder shall be Victor Baxter, Vice President However, nothing herein shall lunlt CONSULTANT from using other quahfled and competent members of its firm to perform the services required herren E CONSULTANT shall commence, carry on, and complete any and all projects w~th all applicable dispatch, m a sound, economical, and efficient manner and m accordance wath the prowslons hereof In aecomphshmg the projects, CONSULTANT shall take such Page 8 steps as are appropriate to reasonably ensure that the work ~nvolved ,s properly coordmated w~th related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placmg at the CONSULTANT's disposal all avmlable reformation pertment to the ProJect, ,ncludmg premous reports, any other data relat,ve to the ProJect, and arrangmg for the access thereto, and make all provisions for the CONSULTANT to enter ~n or upon pubhc and private property as reqmred for the CONSULTANT to perform services under flus Agreement G The capt,ons of th,s Agreement are for mformattonal purposes only, and shall not ~n any way affect the substantave terms or conditions of th~s Agreement IN WITNESS HEREOF, the C~ty of Denton, Texas has caused th,s Agreement to be executed by ,ts duly authorized C,ty Manager, and CONSULTAI>I~I' has executed~th~s~ A~een~ent throu~gh ~ts duly authorized undersigned officer on th, s the ./~/~r_~_ day of ~, CITY OF DENTON, TEXAS ~' I~ICHAg~//~/-JE7~t MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY APPR~E; AS ~O LEGAL FORM // CO ULTANT Schnckel, Rolhns and A~goc,ates, Inc WITNESS BY Page 9 CITY OF DENTON, TEXAS ~,,~RKS & RECREATION DEPARTMENT 321 E M~KINNEY · DENTON, TEXA~ ?0~ (940) 3~-:PARK ' FAX (940) $49-83'~ : Au/ust 20, 1999 Victor Baxter, Pnnmpal Schnckel, Roihns and Assomates, Inc 1161 Corporate Dnve West, State 200 Arhn~ton, Texas 76006 SUBJECT Sou~h Lakes Park Phase I1 Improvements & Joe Sklles Neighborhood Park Improvements Dear Vwtor As prewously dtscussed, the Clly of Denton would be pleased to receive a proposal for profasmonal services from Schnckel, Rollins and Associates, Inc, addressing thc sub}ect project Specifically, we are asking you to perform landscape architectural services m dem/n development, complete construction and b~d documents Project clements will include. I South Lakes Park - Appmxunatcly I 5 nules of trml, athletic pracuce fields, 1-2 p~cmc pavihons & up to l0 p~cmc umts, 1 rest room, mgnase, & up to 20 parkang spaces 2 Joe Shies Park - Play~round, picnic pawhon, & rote furmture 3 Selected area surveys, TDLR responses, 2 cost esumstes prior to b~d, and attendance at one pre-demon meeting with neighborhood and other staff meeungs as reqmred 4 Periodic siU~ vimts during construcUon to ensure comphance w~th your plans and specifications. I lo0k forward to recmvmE your proposal Ed Hodney and I would hke to schedule a meeting w~th you this week ~fat all possible Please call my office at (940) 349-8274, to set a t~me Pad~s and RecreaUon Department www cflyofdenton corn EXHIBIT A Schrickel, Rollins and Associates, Inc. September 1, 1999 j,~ ~.,t~n~,~., ~,%mnson, Assistant Director Parks and Recreation Department C~ty of Denton 321 E McK~nney Denton, TX 76201 RE South Lakes Park, Phase II Improvements and Joe Skdes Nmghborhood Park Improvements Proposal for Professional 5ervtces Dear Janet Enclosed herewith ts our proposed Scope of Services for the second phase of development as we dmcussed ~n our meeting yesterday The Scope of 5erwces document would be attached to a Ctty of Denton Standard Eng~neenng Services Agreement Please rewew tNs draft and let me know ff any comments or revisions you may have We look forward to working w~th you again S~ncerely, ~r~W BICKEL, ROI, LINS ~...~ ASSOCIATES, INC axter, ASLA'-" / V~ce Prestdent VWB/am/81 si EXHIBIT B 1161 Corporate Dnve West, Stole 200, Adlngton Texas 76006 · (817~ 649 3216/Metro (817) 640 8212/FAX (817)649 764S EXHIBIT "A" SCOPE OF SERVICES SOUTH LAKES PARK - PHASE II, and JOE SKILES NEIGHBORHOOD PARK IMPROVEMENTS CITY OF DENTON SUMMARY OF PROIECT A This proJect consists of a Design Development and Construction Documents for the additions to two parks South Lakes Park and Joe Skdes Park B The Engineer shall perform for the C~ty the Basic Professional Services and Special 5ervmes for the phases of the Project to which th~s agreement apphes Services include, but are not hm~ted to, professional consultation and adwce and furmsh~ng clwl, structural, mechamcal, geotechmcal, and electrical engineering servmes along w~th architectural and landscape architectural design servmes C The project construction budget for the C~ty's second phase of development, to which the Design Development Phase Servmes and Construction Documents Phase Services will be coordinated by the Engineer, will be approximately $650,000 The total budget including professional services shall not exceed the sum of $720,000 D For purposes of th~s Engineering Serwces Agreement and ~ts Exhibits, the term "Engineer," where appropriate, shall be ~nterchangeable w~th the terms "Landscape Architect" or "Architect" or "Consultant." Schrmkel, Rolhns and Associates, Inc ~s a firm composed of pracbclng Registered Engineers, Planners and Registered Landscape Architects The firm does not represent ~tself solely as an engineer nor solely as a practitioner of architecture or landscape architecture as defined ~n the apphcable State of Texas registration laws E The following consumer mformat~on ~s required by the Landscape Architects Registration Law, Article 249c, VTCS The Texas Board of Architectural Examiners has jur~sdmt~on over ~ndw~duals hcensed under the above named Act Their address and telephone number are 8213 Shoal Creek Blvd, Suite 107, Austin, Texas 78758-7589, (512) 458-4126 F For the mutual benefit of the Engineer and the City, the Engineer shall not knowingly take any action called for by this Agreement or arising from the course of the Project whmh shall cause loss of the Engineer's professional habdlty insurance coverage for th~s Project or any aspect of it A The development shall include, but not be hm~ted to, the following elements It ~s understood that elements may be omitted m order to meet the project budget 1 South Lakes Park a Approximately 1 5 mdes of trad b Athletic pracbce fields c 1-2 p~cmc pawhons d Up to ten pmmc units e One restroom budding f Signage g Up to twenty parking spaces 2 Joe Skdes Park a Playground b Pmmc pavd~on c S~te furmture PART II - DESIGN DEVELOPMENT PHASE A ~ Engineer wdl prowde/perform the following Design Development Phase Services 1. Based upon the approved Master Plan Documents and adjustments authorized by the C~ty in the program, schedule, or project design budget, the Engineer shall prepare, for approval by the C~ty, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project with regard to s~te, architectural, structural, mechamcal and electrical systems, materials and such other elements as may be appropriate Design Development Phase dehverables shall include, but not be hmlted to, the following (a) Plan views m appropriate scale (b) Secbons where appropriate (c) Floor plans and elevauons where appropnate (d) Typmal detads (architectural and structural) 2 Coordinate w~th appropnate governmental authonbes and provide information requested for compliance with apphcable codes, ordinances, and laws If necessary, make revisions necessary to obtmn comphance or approval 3 Prepare an estimate of construction quantities and develop a prehmmary estimate of probable construction cost 4 Submit five sets of the above plans and estimated probable construction cost estimate to the C~ty for rewew 5 Meet w~th the C~ty to d~scuss plans and estimated probable construction cost estimate 6 Attend one pre-cles~gn meeting w~th neighborhood group 7 Distribute the plans to local utility compames, ~f necessary, to obtain informat~on regarding ~mpacts to their facilities PART III - CONSTRUCTION DOCUMENTS PHASE A Services Engineer wdl prowde/perform the follow~ng Construction Documents Phase Services 1 Based upon the approved Design Development Documents and further adjustments m the scope or quality of the Project or m the project design budget author,zed by the Oty, the Engineer shall prepare, for approval by the City, Construction Documents consisting of Drawings and Speoflcat~ons setting forth m detad the requirements for construction of the Prolect Construchon Documents Phase dehverables shall include, but not be hm~ted to these contract documents (a) Plan sheets dlustratmg plans, elevations, sections and details of construction (b) Standard City details incorporated into the plans, as required (c) Technical specifications (d) Project manual conta~mng speoflcat~ons and b~ddlng documents ~nclud~ng City forms such as b~d proposal, form of agreement between C~ty and Contractor, and conditions of the contract (e) Diskettes of the Construction Documents w~th each individual sheet as a separate drawing file 2. Prepare a take-off of final quantities and prepare final estimates of probable construction cost 3 Assist in prepanng final bid documents, including City of Denton standard construction agreement, bid proposal forms, construction plans, and special conditions 4. Reproduce b~d documents as required by City 5 Fde b~d documents for rewew by the Texas Department of L~cens~ng and Regulation PART IV - BIDDING PHASE A Services En§~neer wdl provide/perform the following B~ddmg Phase Services 1 Assist the C~ty of Denton staff m prepanng the adverbsement for bids 2 Answer questions from B~dders and prepare addenda as necessary 3 Assist the C~ty as required m opening b~ds 4 Prowde b~d tabulations and letter of recommendatmn 5 Evaluate the lowest and second lowest b~dder B~d evaluation will include the contractor's (a) Past work history, (b) Financial resources, and (c) Physmal resources to produce the project 6 A summary of the b~d analysts wdl be prowded to the City for use m select,on and award of the construction contract 7 Furmsh the City with final plans for construction 8 Prowde the City w~th a reproducible mylar set of drawings PART V - CONTRACT ADMINISTRATION PHASE (IF REOUIRED BY CITY) A Services. Engineer will provide/perform the following Construction Adm~mstrat~on Phase Services 1 Prowde site observation ws~ts appropnate to the stage and quahty of the Contractor's works tn progress S~te observation v~s~ts shall be prowded for the purpose of ascertaining for the City that the work ~s ~n substantial or general conformance w~th the contract documents and design intent (a) Should nonconforming or defective work be observed, the Engineer wdl endeavor to ~mmedlately ~nform the C~ty's representative that conforming or remedial action ts required (b) The number of site observation visits to be prowded by a representative of the Engineer at times m the judgment of the Engineer appropriate to the works, or as otherwise requested/d~rected by the City, shall not exceed an aggregate total of 10 vis~ts over the per~od of the Contractor's construction contract 8Is, p 4 (c) S~te observation ws~ts prowded by the Engineer as necessary to correct errors or om~ssmns or to clarify ambiguities m the plans will not accrue against the 10 ws~ts described m Part V - A 1 (b) above 2 Conduct coordination meetings w~th contractors, inspection personnel, and C~ty representatwe to d~scuss strategy, problem areas, progress, and any required coordination Prepare a summary of these meetings and d~str~bute them to both the C~ty and the contractor (maximum of one meeting per month to be conducted in conlunchon w~th a s~te observation ws~t) It ~s estimated that construction will take approximately nme months 3 Rewew shop drawings and other submittal mformat~on for the purpose of ascerta~mng conformance w~th the design intent and construction documents 4 Prowde written responses to requests for mformat~on or clarification 5 Prepare and process change orders, ~f required 6 Rewew the monthly pay requests by the Contractor 7 Assist the C~ty m conducting the substantial completion and final completion observations 8 When complete, recommend final acceptance of work B [[ne~neer'sStatusDunneConstructmn Engmeerwdl notberespons~bleforContractor's means, methods, techmques, sequences or procedures of construction or the safety precautions and programs ~nc~dent hereto Engineer wdl not be responsible for Contractor's fmlure to perform or furmsh the work ~n accordance w~th the construction documents Engineer wdl not be responsible for any delays ,n the execution of the work caused by the Contractor pART VI - SPECIAL SERVICES A Base Mao and Survewn~z Whde existing base mformatmn from the Phase I contract documents wouJd be sufficient for overall planmng, ~t ~s not sufficient for detaded schematic design and preparation of construction drawings for ~mprovements on s~te A new topographic survey of selected ex~st~ng areas w~thm the project areas will be required Thesurveywdl ~dentlfy one foot contours, ex~stmg facdff~es, apparent utd~t~es and trees w~th 3" or greater cahper The existing ballfields wfl~ not be included m the survey F Geotechmcal Invest~eat~on and Reoort The Engineer wdl secure, m behalf of the C~ty, the services of an independent geotechmcal engineering company acceptable to the C~ty F~eld ~nvesbgauons, laboratory ~nvest~gat~ons, and eng~neenng analyses w~ll be performed PART VII ~ EXCLUSIONS A The intent of th~s Scope of Services, Exhibit "A" ~s to include only the services specifically listed herein for th~s Project Serwces specifically excluded from th~s scope of services ~nclude, but are not necessanly hm~ted to the follow,n§ 1 F~eld surveying or production of related maps for purposes of determ~mng boundaries, ubhty locations, or construction control and layout 2 Design of off-site utd~ty services or drainage faclhbes beyond any boundary of the project s~te 3 Environmental ~mpact statements or assessments 4 Storm Water Pollution Prevention Plan 5 Fees for permits and advertising 6 Traffm englneenng reports or studies 7 Flood studies or floodplain reclamation plans 8 Full-time or otherwise frequent and detailed ~nspecuon of the Contractor's works m progress 9 Designs for trench safety 10 Archaeologmal survey 11 Quality contro and testing services during construction 12 Preparation of ~rehm~nary or final plat 8~, p 6 EXHIBIT "B" COMPENSATION SCHEDULE SOUTH LAKES PARK - PHASE II, and JOE SKILES NEIGHBORHOOD PARK IMPROVEMENTS CITY OF DENTON 1 Design Development Phase, Construction Documents Phase and B~dd~ng Phase (based on a design budget of $650,000) the stipulated sum of $ 47,800 2 Contract Administration Phase (d required by C~ty) estimated to be (maximum of 12 s~te ws~ts) 7,700 B. 1 Topographic Survey and Base Map Preparation approximately 15 acres an allowance not to exceed 7,500 2 Geotechn~cal Investigation and Report the t~me and materials allowance not to exceed 4,000 C. REIMBURSABLE EXPENSES 1. Reproduction expenses for drawings, plans or specifications provided for C~ty uses including review cop~es of Design Development Documents and Contract Documents, and mylar reproducible cop~es of Contract Documents and Record Drawings Estimated to be $1,000 2 Reproduction expenses for bid documents (plan sets and project manuals) Estimated to be approximately $2,700 3 Postage and delivery expenses for City requested express mall or courier services and for mmhng of contract documents to pubhc agencies and bidders Estimated to be $300 4 Other reimbursable expenses may become due ~f the C~ty requests and authorizes special reproductions, graphics, renderings or photo med~a beyond those hsted However, the C~ty wdl not be separately charged for local transportation or telephone commumcat~ons normal to the project, nor for the use of computer-aided design and drafting eqmpment normal to the project 5 Fees reqmred for secunng approval of author~hes hawng ~unsdlct~on over the City and the Project wdl be paid d~rectly by the C~ty (a) Th~s includes ~nspect~on and rewew fees required by the Texas Department of L~cens~ng and Regulation for the Ehmmat~on of Arch[tectural Barriers program Expenses for that agency are not expected to exceed $500 6 Maximum estimated rmmbursable expenses 4,500 + D TOTAL MAXIMUM COMPENSATION ..................... $ 71,500 SCHEDULE OF CHARGES 1999 BILLABLE SALARY RATE & EXPENSE CHARGES RANGE OF BILLABLE SALARY RATE CLASSIFICATION LOW HIGH PRINCIPAL $125 $145 ASSOCIATE 86 120 SENIOR ENGINEER 102 11S ENGINEER III 88 100 ENGINEER II 65 88 ENGINEER I 55 65 SEN~OR LANDSCAPE ARCHITECT 90 115 LANDSCAPE ARCHITECT III 65 90 LANDSCAPE ARCHITECT II 55 85 LANDSCAPE ARCHITECT I 50 60 SENIOR PLANNER 90 115 PLANNER 75 90 ARCHITECT 80 95 DESIGNER 70 85 SURVEY COORDINATOR 60 75 SENIOR ENGINEERING TECHNICIAN 55 68 ENGINEERING TECHNICIAN 50 68 PLANNING TECHNICIAN 48 66 PRODUCTION COORDINATOR 70 90 DRAFTSMAN Ill OR CAD OPERATOR 55 70 DRAFTSMAN II OR CAD OPERATOR 45 58 DRAFTSMAN I OR CAD OPERATOR 35 50 SENIOR SECRETARY 4S 65 SECRETARYANORD PROCESSOR 35 48 CLERK 27 36 The ranges and individua~ salaries am adjusled annually OTHER SERVICES (invoiced at rate shown) Four Man F~eld Party $102/hour Three Man Field Party 92/hour Two Man F~eld Part,/ 78/hour PRINTING SERV[CES (~n house) COMPUTER PLOTTING SERVICES (m house] BLACK INK ON COLOR ON MYLAR FILM SO FT PER ORDER BLUE LINE MYLAR SIZE BOND/VELLUM BONDNELLUM OF INK PLOT PRICE VARIES ACCORDING TO SIZE OF ORDER up to 1 l"xl 7' $ 10 50 $ 13 00 $ 13 50 24"x36 11 00 15 50 21 00 30"x42" 12 50 22 O0 27 O0 6 $3 70 $10 O0 oversize add 2 S0/SF 3 50/5F 4 50/SF 100 25 71 139 O0 201 300 0 14/S F 1 25/SF 301 1000 0 13/S F 1 20/S F 1001 up 011SF 1 15/SF OTHER DIRECT EXPENSES 99 SRA 1