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