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1997-191 NOTE' Amended by Ordinance No. 97-364 o INANc NO 9 7-/? / AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES- SIONAL SERVICES CONTRACT WITH TEAGUE, NALL AND PERKINS, INC FOR THE DESIGN OF THE STREAM PEC-4 STORM DRAINAGE IMPROVEMENTS AND THE RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS ~ That the C~ty Manager m hereby authorized to enter ~nto a professional serwces contract w~th Teague, Nall and Perktns, Inc for the demgn of the stream PEC-4 storm dratnage ~mprovements and the Ruddell Stref~t bridge and channel improvements, a copy of wNch m attached hereto and incorporated by reference here,n SECTION II That the C~ty Manager ~s authorized to expend funds as reqmred by the attached contract SECTION III That tNs ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED thru the [ ~' day of~ 1997 JA~ ATTEST JENNIFER WALTE~S~IT .Y SECRETARY egw0A HERBERT L PROUTY, CITY ATTORNEY E \DOCS\ORD\TEAGUE NALL PERKINS ORD PROFESSIONAL SERVICES AGREEMENT for the design of STREAM PEC-4 STORM DRAINAGE IMPROVEMENTS (Pecan Creek to T & P Railroad) and RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS (Ruddell Street to Stream PEC-4) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT ~s made and entered mto as of the ] ~ day of 1997, by and between the C~ty of Denton, a Texas Mumcipal Corporation, with ltS[J(]'prlnc~al office at 215 E McKmney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "OWNER") and Tea_~ue Nall and Perkans. Inc., with its corporate office at 915 Florence St.. Fort Worth. Texas 76102, hereinafter called the ("CONSULTANT") acting herein, by and through their duly authorized representative WITNESSETH, that m consideraUon of the covenants and agreements herein contained, the part~es hereto do mutually agree as follows EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein m connection with the Project as stated m the sections to follow, with chhgence and in accordance with the 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 PAGE 1 The Project shall include without llnutatlon the design of concrete channel hner improvements along Stream PEC-4 from Pecan Creek westerly to the T&P Railroad including water and samtary sewer relocations as needed, preparation of reqmred easement documents, preparatmn of a CLOMR for this same reach of the stream, and the design of bridge ~mprovements at Ruddell Street and related concrete channel hner ~mprovements from the bridge to Stream PEC-4 including water and sanitary sewer reloeaUons as needed, preparation of easement documents, and preparation of a CLOMR for the bridge ~mprovements SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professxonal manner A The CONSULTANT shall perform all those services as necessary and as described ~n the OWNER's verbal request for a priced, scope of work proposal, which the owner has utilized to sohc~t the CONSULTANT's serwces B To perform all those services set forth in CONSULTANT'S revised proposal dated April 21, 1997, which proposal ~s attached hereto and made a part hereof as Exhibit "A" as ~f written word for word herein C CONSULTANT shall perform all those servmes set forth ~n individual task orders which shall be attached to ttus agreement and made a part hereof for all purposes as separate agreements 1 Preparation of plans, spemficat~ons, and contract documents 2 Topographic field surveys for design 3 Boundary surveys PAGE 2 4 Easement document preparation 5 Preparation of Conditional Letter of Map Revision (CLOMR) Detailed descriptions of the specific respons~bfllttes of the CONSULTANT for the above services are found m EXHIBIT "A" attached hereto D If there is any conflict between the terms of tins Agreement and the exhibits attached to th~s Agreement, the terms and eondlUons of th~s Agreement will control over the terms and condltaons of the attaebed exhtbtts or task orders ADDITIONAL SERVICES Adcht~onal Services to be performed by the CONSULTANT, if authorized by the OWNER, which are not ~ncluded in the above described basle 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 w~th the Texas Natural Resource Conservatann Comrmsslon, U S Enwronmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER personnel on an as-needed basis ~n preparing comphance schedules, progress reports, and prowdmg general teehmcal support for the OWNER's comphanee efforts B Assisting OWNER or Contractor m the defense or prosecution of htlgatlon ~n connection wtth or m adcht~on to those services contemplated by tins Agreement Such services, ff any, shall be furmshed by CONSULTANT on a fee basis negottated by the respective part,es outside of and m addmon to thts Agreement C Samphng, testing, or analys~s beyond that speeffieally included ~n Basle Services PAGE 3 D Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use an a future CAD system E Preparing appllcaUons and supporting documents for government grants, loans, or planning advances and provlchng data for datalled apphcations F Appearing before regulatory agencies or courts as an expert witness in any htlgat~on with tturd parties or condeumaUon proceedings ansmg from the development or construction of the ProJect, mcludmg the preparation of engineering data and reports for assistance to the OWNER G Provl&ng geotechmcal lnvestigataons for the s~te including soil borings, related analyses, and recommendations PERIOD OF SERVICE Thxs Agreement shall become effective upon execution by the OWNER and the CONSULTANT of flus Agreement and upon issuance of a notice to proceed by the OWNER and shall remmn in rome for the period winch may reasonably be required for the completion of the Project, including Additaonal Services, if any, and any required extensions approved by the OWNER Tins Agreement may be sooner terrmnated m accordance with the provisions hereof Time ~s of the essence m tins Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herem as expedmously as possxble and to meet the schedule established by the OWNER, acting through as City Manager or Ins designee PAGE 4 COMPENSATION A. COMPENSATION TERMS: 1 "Subcontract Expense" ts defined as expenses tncurred by the CONSULTANT xn employment of others m outsxde firms for servxces tn the nature of geo-techmcal 2 "Dtrect Non-Labor Expense" ~s defined as that expense for any assignment xncurred by the CONSULTANT for supphes, transportauon and eqmpment, travel, commumcattons, subsistence, and lodgmg away from home and strmlar xncldentals ~n eonnectton wxth that assignment B. BILLING AND PAYMENT: For and ~n eonstderatton of the professional services to be performed by the CONSULTANT herem, the OWNER agrees to pay CONSULTANT based on the cost estunate detatl at an hourly rate shown ~n Extub~t "B", whteh ~s attached hereto and made a part of thts Agreement as ff written word for word hereto, a total fee ~nelud~ng retmbursement for dtreet non-labor expense not to exceed $ 217.647. Partml payments to the CONSULTANT wtll be made on the basts of detaded monthly statements rendered to and approved by the OWNER through tts Ctty Manager or h~s designees, however, under no ctrcumstanees shall any monthly statement for serwces exceed the value of the work performed at the t~me a statement ts rendered The OWNER may withhold the final 5% of the contract amount unttl completion of the ProJect Nothing contatned tn flus Arttcle shall reqmre the OWNER to pay for any work whtch ~s unsattsfactory as reasonably determined by the Ctty Manager, or tus designee, or wluch ~s not submitted tn comphance wtth the terms of flus Agreement The Ctty shall not be PAGE 5 required to make any payments to the CONSULTANT when the CONSULTANT ~s ~n default under tins Agreement It xs specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to flus Agreement winch would require addmonal 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 m Article IV, Additional Services, without obtatmng prior written authorization from the OWNER C ADDITIONAL SERVICES For Additional Serv~ees authorized iff writing by the OWNER m Article IV, the CONSULTANT shall be pad based on the Schedule of Charges at an hourly rate shown ~n Exinblt "B' Payments for additional serwces shall be due and payable upon submissxon by the CONSULTANT and shall be m accordance w~th subsection B hereof Statements shall not be subrmtted more frequently than monthly D PAYMENT If the OWNER f~uls to make payments due the CONSULTANT for services and expenses wxthm s~xty (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 smd SlXtXeth (60th) day, and m adchtxon, the CONSULTANT may, after g~wng seven (7) days' written not,ce to the OWNER, suspend servmes under th~s Agreement until the CONSULTANT has been prod in full all amounts due for servxces, expenses and charges provided, however, nothing here~n shall reqmre the OWNER to pay the late charge of one pement (1%) set forth hereto if the OWNER reasonably determines that the work is unsatisfactory, in accordance with tins Artmle V, Compensataon PAGE 6 OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due chhgence in dlscovenng and promptly reporting to the OWNER any defects or deficiencies m the work of the CONSULTANT or any subcontractors or subeonsultants OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subeonsultants) 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 entatled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to flus 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 the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to flus Agreement, CONSULTANT is released from any and all liability relaUng to their use in that project INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from employee status PAGE 7 INDEMNITY AGREEMENT The CONSULTANT shall lndenmlfy and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all llablhty, claHns, demands, damages, losses, and expenses, meluchng but not hnuted to court costs and reasonable attorney fees incurred by the OWNER, and mclud~ng w~thout hm~tatlon damages for bodily and personal injury, death and property damage, resulting from the neghgent acts or onussions of the CONSULTANT or ars officers, shareholders, agents, or employees m the exeeuUon, operaUon, or performance of this Agreement Nothing in th~s Agreement shall be construed to create a habfl~ty to any person who is not a party to tins Agreement and nothing hereto shall waive any of the party's defenses, both at law or equity, to any clann, cause of acUon or hUgaUon filed by anyone not a party to flus Agreement, ~ncluchng the defense of governmental ~mmumty, which defenses are hereby expressly reserved INSURANCE Dunng the performance of the Services under flus Agreement, CONSULTANT shall malntmn the following insurance with an insurance company hcensed to do bus~ness in the State of Texas by the State Insurance Comnussmn or any successor agency that has a rating with Best Rate Carriers of at least an A- or above A Comprehensive General L~abfl~ty Insurance w~th bodily lnjtlry hnuts of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage hmats of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate PAGE 8 B Automobile Liability Insurance with bo&ly mjury hnuts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage lumts for 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 Llablhty Insurance with htmts of not less than $1,000,000 annual aggregate E The CONSULTANT shall furmsh insurance cerUficates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an adchuonal insured on all such policies and shall contmn a provision that such insurance shall not be canceled or mochfied without 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 substatute poheies furmshlng the same coverage ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parues may agree to settle any disputes under tins Agreement by subrmttmg the d~spute to arb~tratwn or other means of alternate dispute resolution such as mediaUon No arbitration or alternate dispute resolution arising out of or relatmg to, flus Agreement involving one party's disagreement may include the other party to the dasagreement without the other's approval TERMINATION OF AGREEMENT A NotwlthStanthng any other provision of tins Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party PAGE 9 B This Agreement may be terminated m whole or m part an the event of e~ther party substantmlly fmlmg to fulfill 1ts obhgattons under ttus Agreement No such termmauon wall be affected unless the other party as gaven (1) written noUee (dehvered by eertffied marl, return reeeapt requested) of antent to termanate and setting forth the reasons specifying the nonperformance, and not less than 30 calendar days to cure the fmlure, and (2) an opportumty for consultation wath the tenmnatmg party prior to termlnat~on C If the Agreement as terminated prior to compleuon of the servaces to be provaded hereunder, CONSULTANT shall tmmed~ately cease all services and shall render a final bill for serwces to the OWNER wathln 30 days after the date of ternunatlon The OWNER shall pay CONSULTANT for all servaees properly rendered and satisfactorily performed and for reunbursable expenses to termmatton mcurred prior to the date of terrmnaUon m accordance w~th Artaele IV, Compensation Should the OWNER subsequently contract wath a new CONSULTANT for the contmuataon of services on the project, CONSULTANT shall cooperate m prov~dang mformat~on The CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to thas Agreement to the OWNER on or before the date of termmatton but may mamtam cop~es of such documents for ~ts use RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not consutute nor be deemed a release of the respons~blhty and habflaty of the CONSULTANT, ~ts employees, assomates, agents, subcontractors, and subconsultants for the accuracy and competency of their desagns or other work, nor shall such approval be deemed to be an assumption of such respons~bthty by the Caty for any defect m the design or other work prepared by the CONSULTANT, ats employees, subcontractors, agents, and sub-consultants PAGE 10 NOTICES All nouees, commumcatlons, and reports reqmred or permitted under flus Agreement shall be personally dehvered or marled to the respective parties by depositing same m the Umted States mad at the address shown below, cerufied ma~l, return receipt requested unless otherwise specified hereto Ma~led noUces shall be deemed commumcated as of three (3) days malhng To CONSULTANT To OWNER Teague Nall and Perkins, Inc City of Denton J R~chard Perkins, P E ATTN Jerry Clark, P E Title Principal Title Director of Engr & Transp Dept 2001 W Irving Blvd 215 E McKmney Irving, Texas 75061 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice ~s given or wlflun three (3) days mailing ENTIRE AGREEMENT This Agreement consisting of 16 pages and 2 exlublts constitutes the complete and final expression of the agreement of the pames and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, pronuses, representations, negotiations, d~scusslons, commumcations, and agreements wluch may have been made in conneeuon with the subject matter hereof PAGE 11 SEVERABILITY If any prows~on of flus Agreement ~s found or deemed by a court of competent jurisdiction to be mvahd or unenforceable, it shall be considered severable from the remainder of flus Agreement and shall not cause the remainder to be lnvahd or unenforceable In such event, the party shall reform flus Agreement to replace such stricken provas~on w~th a valid and enforceable prows~on wtuch comes as close as possible to expressing the intention of the stricken prows~on COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended, DISCRIMINATION PROHIBITED In perfonmng the services required hereunder, the CONSULTANT shall not d~sermunate against any person on the bas~s of race, color, rehg~on, sex, national origin or ancestry, age, or physical handxeap PERSONNEL A The CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred to perform all the services reqmred under flus Agreement Such personnel shall PAGE 12 not be employees or officers of, or have any contractual relations with the City 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 m work shall be quahfied and shall be authorized and permitted under state and local laws to perform such services ASSIGNABILITY The CONSULTANT shall not assign any mterest in this Agreement and shall not transfer any interest m tins Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER MODIFICATION No waaver or modification of this Agreement or of any covenant, conchtlon, or llmaatlon herein contained shall be valid unless ~n writing and duly executed by the party to be charged therewith, and no evidence of any waiver or mochficauon shall be offered or received in evidence ~n any proceeding arising between the partaes hereto out of or affecUng flus Agreement, or the rights or obhgaUons of the parties hereunder, and unless such waiver or modlficaUon is m wrning, duly executed, and, the parUes further agree that the prows~ons of this section will not be w0aved unless as herem set forth PAGE 13 MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exinb~t "A' -- Consultant's Rewsed Proposal Exinb~t "B" -- Employee Hourly Rates B CONSULTANT agrees that OWNER shall, until the exptrat~on of three (3) years after the final payment under tins Agreement, have access to and the right to examine any dtrectly pertment books, documents, papers, and records of the CONSULTANT lnvoMng transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facflmes and shall be provided adequate and appropriate working space m order to conduct andlts ~n comphance wah th~s sectton OWNER shall g~ve CONSULTANT reasonable advance notice of mtended au&ts C Venue of ally stat or cause of actaon under tl, as Agreement shall he exclusively ~n Denton County, Texas Ttus 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 will perform most of th~s work hereunder shall be J. Paehard Parlmas. Gary_ V~ekery. Delvln Black. Mflce Crenshaw. Kelly ~ However, nottung herem shall lnmt CONSULTANT from using other quahfied and competent members of their firm to perform the services reqmred herem E CONSULTANT shall commence, carry on, and complete any and all projects with all appheable &spateh, m a sound, eeonomacal, efficient manner, and, ~n accordance w~th the prowsmns hereof In accomphshmg the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved ts properly coordinated with related work PAGE 14 being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available mformaUon pertinent to the project, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform services under this Agreement G The capUons of this Agreement are for lnformaUonal purposes only and shall not in any way affect the substantive terms or condmons of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and CONSULTANT has executed this Agreement officer on th~s the [ ~ day of ~(~~/- 19 97 through ItS duly authorized undersigned CITY OF DENTON, TEXAS Ted Benavldes, City Manager ~-~ PAGE 15 ATTEST JENNIFER WALTERS, CITY SECRETARY AP~3VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By~~ ~~ TEAGUE NALL AND PERKINS, INC. N . R~chard Perkms. P.E. Title pnnc~pal WITNESS PAGE 16 CONSULTANT'S REVISED PROPOSAL TEAGUE NALL AND PERKINS C 0 N 8 U L T I N G E N G I N E E R $ April 21, 1997 Mr Jert3 Clark, P E Director, ~f Engineering and Transportalaon Dept City of D ,nton Ctty Hall West 221 N E ~m St Denton, ?X 76201 Re: Engineenng Services Proposal for Drainage Channel Improvements For Stream PEC-4 & Ruddell Street Bridge (3rd Revised) Dear Jen We stnce ~ly appreciate the opportumty to subrmt the enclosed revised proposal for the provtslon of profe~ sional engineermg and surveymg services for the subject project Ttus proposal ts intended Io append our previous proposal for Drainage Channel Improvements to PEC-4, dated April 3, 997 Tl'as newest proposal includes the Base ProJect (Stream PEC-4 from Pecan Creek to the T g P Rmlroad) and Alternates 3 & 4) Alternate No 3 ts the Ruddell Street bridge, and Alternat~ tNo 4 is the proposed concrete lined-channel from Ruddell Street to the confluence wtth PEC-4 a~ ldenlafied m our Pecan Creek Drainage Master Plan The Base Project and Alternates 3 and 4 ~re described below STREA~I PEC-4 (Pecan Creek to T&P RR) [Base Project] The '. lrmts of thts portion of the project are Stream PEC-4 from its confluence wtth Pecan Creel: to the T&P Paulroad Constmctaon plans will be based on the hydrology performed by Frees '. & Nichols (F&N) m their study dated December, 1996, and on datafled field surveys as m heated below Prelmunary rewew of the F&N study mdtcates that the eh~,a~n, el was deslg led for a~25-year storm (ultimate development eondmons) with at least one (1) foot of freeb ~ard Their report indicates that runoff from the 100-year ulttmate condmons storm ts cont, reed in the channel as well Our channel design is proposed to be based on that same crltel la Corn ruction,Plans and Specifications Char tel design will be accomplished usmg the Corps of Engmeers HEC-2 backwater mode ling software Tlus data will also be a sigmficant part of the CLOMR preparation TNP will ~repare complete construetton plans, spemficatlons, and contract documents per City of Den )n standards and suitable for bidding and construction of the proposed lmprnvements 2OO1 W IRVING BLVD 915 FLORENCE STREET IRVING TEXAS 75061 ORT WORTH, TEXAS 75102 (214) 254 1765 {817) 336 5778 METRO (214) 251 1627 FAX (817) 835 2813 FAX (214) 251 4348 Mr Jerry Clark, P E April 21, 1997 Page 2 (3rd Revision) Plan and profile sheets will be developed for the proposed channel improvements including detailed plans for the road crossings TNP will evaluate the use of crown~span crossings as well as conventional box culverts at street crossings (Bradshaw, Lakey, and Sklrmer) an the development of the plans Erosion control plans, traffic control plans, and any necessary utility relocation plans will also be prepared TNP will coordinate with the City staff to obtain available information regarchng existing utilities ~n or near the project area and incorporate these into the design There are at least four (4) aerial samtary sewer crossings an the project area which will need to be rebuilt to accommodate the wider channel There are also at least four (4) water lme crossings that will need to be replaced (lowered) as well TNP will notify and coordinate with the providers of gas, electric, phone, and cable service, but plans for the relocation of these faelht~es, if necessary, are not a part of flus proposal Adjustments in the alignment of the channel will be considered where feasible Factors such as hydraulics, existing improvements, and eeonormes will all affect consideration of alignment adjustments in the design of the project All such potenUal alignment adjustments will be presented to the City for approval prior to inclusion m the final construction plans Topographic Surveying and Mapping Detailed design field surveys will be necessary to prepare the base plan for the design of the proposed channel TNP will perform all necessary field work to accurately define the existing channel conchtlons The existing channel will be cross-sect~oned based on control established by our GPS eqmpment Existing topography, visible improvements, and existing utilities will be depicted on the plans Base maps wall be prepared for use as part of the construction plans No boundary surveying is included in this port~on of the proposal Surveying and exhibit preparation for any necessary easements are addressed below Bour~dary Survey Boundary surveying will be necessary to estabhsh property lines throughout the project area This work will serve as a bas~s for any necessary easement preparation and for the evaluation of existing easements The boundary survey will be tied to City of Denton monumentatlon and prepared m accordance w~th standards set by the State Board of Land Surveying TNP will research pubh¢ records for necessary plats and deeds, however, exisung easemems will be provided by the City Easement l)oeuments It ~s hkely that addluonal easements will be necessary to accommodate the proposed drainage channel and culvert m~provements Because the State Board of Land Surveying requires that easements be sealed by a Registered Professional Land Surveyor and to be based on on-the- Mr Jerry Clark, P E April 21, 1997 Page 3 (3rd Revision) ground field surveys, we propose to provide the necessary easements based on the boundary survey services described above Because n is not yet possible to determine the number of easements needed, we have assumed that all properties adjacent to the proposed channel will require easements As the project progresses, we may fmd that not all of the easements projected are actually necessary The fee will be adjusted downward as the exact need for easements is determined based on a "per parcel" fee of $ 300 The fee indicated herein is based on a worst case situation Conditional Letter of Map Revision (CLOMR) Based on the construction plans prepared by TNP, we will prepare models, documents, and exhibits necessary for submittal to FEMA to request a CLOMR This service will lnchide documentation of existing conchtions as well as proposed improvements This fee does not include application for a LOMR after construction is completed The effort Involved in preparing an "As-Built" LOMR can vary depending on (1) the degree of involvement TNP has during the construcUon of the project and, (2) on the significance of changes made during the construction of the channel Time to Completion (Base Project Plus Alternates 3 and 4) TNP will provide final plans, specifications, and contract documents to the City within 90 calendar days after receipt of an executed Engineering Services Contract and a "notice to proceed" from the City ALTERNATE NO. 3 - RUDDELL STREET BRIDGE The bridge will be designed in accordance with the Pecan Creek Master Plan, capable of passing the 100-year storm when the downstream improvements recommended in the Master Plan are implemented Construction Plans, Specifications, and Contract Documents Bridge hydraulic design will be accomplished using the Corps of Engineers HEC-2 backwater modeling software Tins data wtll also be a significant part of the CLOMR preparation Complete construction plans suitable for bldthng and construction of the proposed improvements will be prepared Erosion control plans and traffic control plans will be prepared along with necessary utility relocation plans We anticipate that relocation of the water 1me crossing in Ruddell Street will be the only utility relocation necessary We will notify and coordinate with providers of gas, electric, and phone service, but plans for Mr Jerry Clark, P E April 21, 1997 Page 4 (3rd Revision) relocation of these faclhtles, ff necessary, are not a part of th~s proposal Topographic Survey for Design Detailed surveys will be necessary to prowde the base for design of the proposed bridge TNP will perform all necessary field work to accurately define the existing cond~nons The existing channel will be eross-sectluned based on control estabhshed by our GPS system Ex~stmg topography and wslble tmprovements and utilities will be depleted on the plans The survey will extend a sufficient length along Ruddell Street to permit a smooth transition of the roadway into the bridge Base maps will be prepared for use as part of the construction plans Boundary surveying and exlub~t preparation for any necessary easements is addressed below Boundary Survey Boundary surveying will be necessary to estabhsh property hnes throughout the project area Ttus work will serve as a haSlS for any necessary easement preparanon and for evaluation of existing easements The boundary survey will be ued to City of Denton monumentatlon, and prepared in accordance with standards set by the State Board of Land Surveymg TNP will research pubhc records for necessary plats and deeds, however, existing easements will be provtded by the C~ty We also anticipate the possible need for temporary construction easements for tlus port~on of the project Easement Document Preparation It ~s hkely that addlttonal easements will be necessary to accommodate the proposed Improvements Because the State Board of Land Surveying requires that easements be sealed by a Registered Professional I.and Surveyor and be based on field surveys, we propose to provide the necessary easements based on the above described boundary survey Because ~t ~s not yet possthle to deterrmne the number of easements needed, we have assumed that all properties adjacent to the proposed bridge will require easements As the project progresses, we may well fred that not all of the easements projected are actually necessary The fee will be adjusted as the need for easements ~s determined, based on a fee of $300 per easement The fee indicated hereto ~s based on a worst case situation Conditional Letter of Map Revision (CLOMR) Based on the constructton plans, we will expand the scope of the prewous proposal to ~nclude this pomon of the project m the CLOMR Th~s will include documentation of ex~st~ng conditions as well as proposed unprovements This fee does not ~nelude an apphcat~on for a Mr Jerry Clark, P E April 21, 1997 Page 5 (3rd Revision) LOMR after construction ALTERNATE NO. 4 - PECAN CREEK - (RUDDELL STREET TO PEC-4) The ltmxts of th~s option are Pecan Creek from the Ruddell Street bridge to the confluence with PEC-4 Ttus portion of Pecan Creek has been ~dent~fied in the Pecan Creek Drainage Master Plan as a conerete-hned channel Construction Plans, Specifications, and Contract Documents Plan/profile sheets will be prepared for tins portion of the channel We anticipate that the exlstllag samtary sewer line will not need to be relocated, but that manhole adjustments wxll hkely be necessary Topographic Survey for Design See description above Boundary Survey See description above No s~gmficant additional effort will be necessary to include this port~on of the channel m the boundary surveying necessary for other parts of the project Easement Document Preparation See desenptxon above Conditional Letter of Map Revision No sxgmficant additional effort will be necessary to ~nclude this portion of the channel m the CLOMR prepared for the bridge project Mr Jerry Clark, P E April 21, 1997 Page 6 (3rd Rews~on) FEE SCHEDULE The followtng lump sum fees are based on the above scope of work descriptions BASE PROJECT - STREAM PEC-4 (Pecan Creek to T&P RR) Construcuon Plans, Spectficatlons, and Contract Documents $116,000 Topograpluc Survey for Design $ 14,500 (16 working days m the field) Boundary Survey $ 20,800 Easement Document Preparation $15,000 Conditional Letter of Map Rews~on $14,600 Subtotal Engineering Services Fee (Base ProJect) = $180,900 ALTERNATE NO. 3 - RUDDELL STREET BRIDGE Construction Plans, Specifications, and Contract Documents $ 22,048 Topographic Survey for Design $ 2,200 (2 working days m the field) Boundary Survey $ 2,200 Easement Document Preparation $ 1,200 Cond~tmnal Letter of Map Rews~on $ 2,000 Subtotal Engmeering Services Fee (Alternate No. 3) = $ 29,648 ALTERNATE NO. 4 - PECAN CREEK - RUDDELL STREET TO PEC-4 Construction Plans, Specfficauons, and Contract Documents $ 2,499 Topographm Survey for Design $ 1,600 (2 working days m the field) Boundary Survey N/A Easement Document Preparation $ 3,000 Conditional Letter of Map Rews~on N/A Subtotal Engineering Services Fee (Alternate No 4) = $ 7,099 TOTAL ENGINEERING SERVICES FEE (Base ProJect and Alt's 3 & 4) = $ 217,647 Mr Jerry Clark, P E April 21, 1997 Page 7 (3rd Revision) Items To Be Prowded By the Caty of Denton: Records of GPS monuments Benchmarks Construction plans of ex~stmg utlhtles and improvements, as available Ex~stmg easements We are prepared to begin field work within ten (10) working days of formal acceptance of th~s proposal. 0 e receipt of executed contract documents and "not,ce to proceed"), and we will beg~n engineering work as soon as field data ~s avmlable We have also prepared and enclosed a formal contract based upon the new Cny of Denton contract forms you recently sent to us Once agam, we appreciate the opportumty to provide tins rewsed proposal to the Cny of Denton We look forward to continuing to work w~th you and your staff on th~s very ~mportant project Should you have any questions or need further ~nformat~on regarding th~s proposal, please do not hesitate to call Very truly yours, TEAGUE NALL AND PERKINS, INC. JRP/czf JP~h~d Perkins, P E Enclosures P \DEN96153~DOCS~REVlSPR3 WPD EMPLOYEE HOURLY RATES TEAGUE NALL AND PERKINS. INC. EMPLOYEE HOURLY BILLING RATES SURVEYING RPLS $ 7O0O 1-Man G P S Crew 90 00 l-Man Robottcs Crew 75 00 2-Man G P S Crew 105 00 2-Man R0bot~cs Crew 85 00 Std 2-Man Crew 75 00 3-Man G,P S Crew 115 00 Std 3-Man Crew 85 O0 Std 4-Man Crew 100 O0 Techmc~an 45 00 ENGINEERING Principal $ 110 00 ProJect Manager $80 00 - 90 00 Project Engineer $50 00 - 70 00 CAD Technician $40 00 - 58 00 Clerical $33 00 - 55 00 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM PEC-4 STORM DRAINAGE IMPROVEMENT AND RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS BETWEEN THE CITY AND TEAGUE NALL AND PERKINS, INC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 1, 1997, the City entered into a Professional Services Agreement for the design of stream PEC-4 storm drainage improvements and Ruddell Street bridge and channel improvements with Teague Nail and Perkins, Ine, hereinafter referred to as "Base Agreement," for a not-to-exceed amount of $217,647, and WHEREAS, the City desires to expand the scope of work for the above named consultant to include Alternatives No 5 and 6 and to increase the consultant's not-to-exceed figure by $45,163 to $262,810, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute Addendum No 1 to the Base Agreement between the City and Teague Nail and Perkins, Inc in substantially the form of the attached Addendum No 1, whicl/Is made a part of this ordinance for all purposes ~E_Q.T~LQ.!~I_~ That the City Manager xs hereby authorized to expend the funds as set forth in the attached Addendum No 1 ~ That th~s ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the JA~LL~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F ~shared~dept\LGL\Our Document~\Ordmances'~.AUTH RIZ'~tangue nail and perkins amendment Page 2 STATE OF TEXAS § COUNTY OF DENTON § ADDENDUM NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM PEC-.4 STORM DRAINAGE IMPROVEMENTS AND RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS BETWEEN THE CITY OF DENTON AND TEAGUE NALL AND PERKINS, INC. DATED JULY 1, 1997 This Addendum No 1 to that Professional Services Agreement for the design of stream PEC-4 storm drainage improvements (Pecan Creek to P&P Rmlroad) and Ruddell Street bridge and channel improvements (Ruddell Street to Stream PEC-4) between the C~ty of Denton, a Texas mumcipal corporation, with its pnnclpal office at 215 East McKmney Street, Denton, Denton County, Texas 76201 (hereinafter sometimes referred to as "Owner") and Teague Nail and Perkins, Inc, with its corporate office at 915 Florence Street, Fort Worth, Tarrant County, Texas 76102 (hereinafter sometimes referred to as "Consultant"), acting herem by and through their duly authorized representatives, hereinai~er referred to as "Base Agreement" ARTICLE I That Section B of Article II "Scope of Services" of the Base Agreement is hereby amended by adding the following additional engmeenng services for the following elements of the project 1 Preparation of construction plans and project specifications/contract documents for Pecan Creek between Stream PEC-4 and Sycamore Street including a study to consider the removal of the Sycamore Street bridge at Pecan Creek, and preparation ofa LOMR for tins portion of Pe,,an Creek after construction is completed Based on the Sycamore bridge study, demolition and utility relocation plans may be added to the scope of work by a later Addendum 2 Preparation of hunted construction plans (Owner to construct) for earthen channel unpmvements on Pecan Creek from Woodrow Lane to Ruddell Street Plans are to consist of representative cross-sections, plan layout sheets, and exlub~ts for COE 404 Permit preparation, and erosion control plans Provide "as-built" cross-sections after construction by the,Ownet, and prepare a LOMR for this portion of Pecan Creek ARTICLE II That Article V "Compensation," subsection B "Billing and Payment" of the Base Agreement is hereby amended by adding the following fees to the Consultant's not-to-exceed figure The following additional lump sum fees are based on the above scope of work descriptions as indicated in B of Article II of the Base Agreement' ALTERNATE NO. S - PECAN CREEK (STREAM PEC-4 TO SYCAMORE STREET) Constmctton Plans, Specfficatlons, and Contract Documents $15,623 (Includes Sycamore Bridge closing feaslbihty study) Topographic Survey for Design 7,960 Letter of Map Rews~on (LOMR) 4.450 Subtotal Engmeenng Services Fee (Alternate No 5) $28,033 ALTERNATE NO. 6 - PECAN CREEK (WOODROW DRIVE TO RUDDELL STREET) Constxuct~on Plans $ 3,360 (Representative Cross-Sections, Plan Layouts, and Exhibits) Topograpluc Survey for Design (Representative Cross-Sections) 3,160 Erosion Control Plans 2,660 Letter of Map Revision (LOMR) 7.950 Subtotal Engmeenng Services Fee (Alternate No 6) $17,130 Total Additional Engmeenng Services Fee $45,163 That the total of the add~tmnal fees for the above-mentioned Alternatives 5 and 6 shall increase the not-to-exceed figure of $~17,647 by $45,163, so that the not-to-exceed figure shall now be $262,810 ARTICLE III That save and except as amended hereby, the remmmng sectlons, subsections, sentences, and phrases of the Base Agreement shall remoJn m full force and effect EXECUTED in three counterparts (each of wluch ~s an original) on behalf of Consultant by its V~ce President shown below, altd on behalf of Owner by its City Manager as duly authorized by tts Cdy Council tlus //~ ~-?/ day of~~_, 1997 OWNER CONSULTANT CITY OF DENTON, TEXAS TEAGUE NALL AND PERKINS, 1NC Tedl Benavtdes, City Manager J ~dyhard Perkdns, P E, V~ce President Paso 2 ATTEST ATTEST JENNIFER WALTERS, CITY SECRETARY ~p~r~-~l~ TO ~EaAL ~E~,~ X. ~OUTY, C~Y ATTO~V Page 3