2010-262ORDINANCE NO. 2010-262
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC. FOR
ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES IN CONNECTION WITH
THE LOOP 288 PEDESTRIAN BRIDGE PROJECT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4585 IN AN AMOUNT
NOT TO EXCEED $134,067).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager is hereby authorized to enter into a professional service
contract with Lockwood, Andrews & Newnam, Inc., to provide professional architectural and
related services for the Loop 288 Pedestrian Bridge Project, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
gdrpk~~ ,2010.
MARK A.\BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: tiv , L
2-ORD-File 4585
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
T I AGREEMENT is made and entered into as of the day of
20_11!~_, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas
76201, hereinafter called "Owner" and Lockwood, Andrews & Newnam, Inc. with its corporate office
at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042 hereinafter called "Design Professional,"
acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
Design, engineering and specifications for a pedestrian bridge on the Denton Branch Rail Trail
crossing over Loop 288 near mile marker 724.
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $127,670.00; Basic Design Services
$109,693.00 and Construction phase services of $17,977.00.
2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the
total compensation for the Basic Services satisfactorily completed at the end of the following phases
of the Project:
Schematic Design Phase 4.0%
Design and Development Phase 15.0%
Construction Documents Phase 68.0%
Bidding Phase 4.0%
Construction Phase 9.0%
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principals
Associates
Technical Staff
Clerical Staff
$198.60 per hour
181.73 per hour
108.75 per hour
46.59 per hour
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of 1 times the amounts billed
to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1 times the expenses
incurred by the Design Professional, the Design Professional's employees and consultants in the interest of
the Project as defined in the General Conditions but not to exceed a total of $6,397.00 without the prior
written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. The Design Professional's Proposal
Attachments Exhibits A through C.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY: Z~~ 1~
EO GE C. CAMP ELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
U
APPR VED AS TO LEGAL, FORM:
ANITA BIffESS, CITY ATTORNEY
BY:
DESIGN FIRM: Lockwood, Andrews & Newnam, Inc.
B
Firm's 0> e] sentative
WITNESS
BY: ~'"'PUo MICHELLE LANEE ARCHIE
Notary Public, State of Texas
My Commission Expires
January 28, 2014
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications famished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
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of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as apart ofthe
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data fitmished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as apart of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall famish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
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6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment tares and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 RE, UNIBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
83.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
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8.5 PAYMENTS WITIIHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Deleted
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
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11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional 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 during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
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Lan
September 28, 2010
Lockwood, Andrews
& Newnam, Inc.
A LEO A DALY COMPANY
Mr. Robert Tickner, CPRP
City of Denton Parks and Recreation Department
601 East Hickory, Suite B
Denton, Texas 76205
Re: Loop 288 Pedestrian Bridge Proposal
Dear Mr. Tickner:
Lockwood, Andrews & Newnam, Inc. is pleased to have this opportunity to perform professional services
for The City of Denton Parks and Recreation Department. We propose to render professional
engineering services in connection with the Loop 288 Pedestrian Bridge Project (hereinafter called the
"Project"). The City of Denton will furnish us with full information as to project requirements including any
special or extraordinary considerations for the Project or special services needed, and also to make
available all pertinent existing data.
Our services will consist of providing surveying, preparing of final plans, specifications, estimates and
construction phase services all as set forth in the City of Denton Engineering Services Agreement,
provided by you, and as amended and supplemented in Exhibits B through C, thereto, which is attached
to this letter. We will also furnish such Additional Services as you may request.
We propose to perform Basic Design Services for a maximum lump sum fee of $109,693.00 and
additional Construction phase services for a maximum lump sum fee of $17,977.00 for a total fee of
$127,670.00 plus expenses estimated to be $6,397.00 as detailed in Exhibit C attached.
Additional services will be charged on the basis of Salary Cost times a factor of 3.1 and reimbursable
expenses incurred with all Additional Services will be charged on the basis of actual cost times a factor of
1.0. We will bill you monthly for our services. The above financial arrangements are on the basis of
prompt payment of our bills and the orderly and continuous progress of the Project through construction.
We would expect to start our services promptly after receipt of your acceptance of this proposal and to
complete our services within the time period as detailed in the contract. If there are protracted delays for
reasons beyond our control, we would expect to negotiate with you an equitable adjustment of our
compensation taking into consideration the impact of such delay including but not limited to changes in
price indices and pay scales applicable to the period when services are in fact being rendered.
This proposal, the City of Denton Engineering Services Agreement and Exhibits A through C represent
the entire understanding between you and us in respect of the Project and may only be modified in writing
signed by both of us. If it satisfactorily sets forth your understanding of our agreement, the City can
execute the attached agreement by signing in the spaces provided and returning it to us.
PBurkholder, P.E.
ro ct anager
i .
olly, P.E.
lering Man ge
Attachments "A" through "C"
Campbell Centre 1, 8350 N. Central Expressway, Suite 1400 • Dallas, Texas 75206 • 214.522.6778 • Fax: 214.526.4433 • www.lan4nc.com
EXHIBIT "A"
CONSULTANT SCOPE OF SERVICES
Contract No. 150-10179-000
City of Denton
Parks and Recreation Department
Loop 288 Pedestrian Bridge Project
The following items are to be provided by the CITY:
1. Available interface data for any projects adjacent to this project, including
proposed construction plans, DTM, contours, and appropriate coordinate system.
2. Applicable electronic files and/or paper prints of existing Walkway paving plans,
existing utility plans, City design standards, title sheet, City Logos, storm water
pollution prevention plan (SW3P), etc.
3. Example estimate, general notes master file, sample specifications from similar
project and related hard copy documentation for the Engineer's use in preparing
preliminary estimate, general notes, and specifications.
4. Parks and Recreation design guidelines manual or special project design
requirements.
5. Should additional right of way be required for the project, the CITY will make
available personnel to address questions and comments.
6. Assist in identifying utility companies if utility relocations are required.
7. Assist in obtaining necessary utility agreements and adjustments for the project.
8. Assist the ENGINEER, as necessary, in order to obtain the required data and
information from other local, regional, State and Federal agencies.
Page I 1
EXHIBIT "B"
CONSULTANT SCOPE OF SERVICES
Contract No. 150-10179-000
City of Denton
Parks and Recreation Department
Loop 288 Pedestrian Bridge Project
SERVICES TO BE PROVIDED BY THE ENGINEER
The scope of services for this project will include the development of the bridge layout and
preparation of final construction plans, specifications and estimate (PS&E) documents to
construct the Loop 288 Pedestrian Bridge and approach walkways to the limits necessary to tie
into existing north end pavement at approximate Station 942+50 and south end pavement at
approximate Station 955+30. The design plans shall conform to all relevant City, State and
Local requirements. The structures and descriptions of the proposed work are as follows:
GENERAL DESIGN REQUIREMENTS
1. Assume Categorical Exclusion, no CLOMOR or LOMOR required.
2. Design a new Pedestrian Bridge with single column hammer head T-Bents in
alignment with and parallel to existing DCTA Loop 288 LRT bridge bents and
abutments. The main span over Loop 288 roadway will be a single long span 150 ft.
steel Pre-Engineered manufactured steel truss. All approach span
superstructures shall be standard TxDOT Prestressed concrete beams spans units
designed to current AASHTO code requirements.
3. Bridge section width shall have a maximum 10 ft. clear walkway opening for
pedestrian and bicycle access with longitudinal alignment parallel to adjacent DCTA
Loop 288 LRT Bridge.
4. Approach walkways on both north and south project ends of bridge shall transition
from natural grade up to bridge abutment elevations by mechanically stabilized earth
(MSE) retaining wall systems.
5. Design shall include a Pedestrian stairway (two total stairway of similar design) near
each abutment for access to natural ground and sidewalks at Loop 288.
6. Single phased bridge construction with complete bridge and retaining wall
constructed in one phase.
7. The ENGINEER shall prepare a project estimate of the probable cost. The estimate
shall be prepared for the 30% PS&E Phase and 100% PS&E Phase using MS Excel
programs.
8. Deliverables - The ENGINEER shall prepare interim review plan sets, final 11"x17"
bond plans, and electronic files of the final design.
1. Interim Review Submittals - The ENGINEER shall provide three (3) copies of the
30% PS&E Phase and 100% PS&E Phase plans to the CITY for review and
comments.
2. Final Plans Submittal - The ENGINEER shall provide one set of 11"x 17"
reproducible bond originals with a registered Professional Engineer's seal on
each sheet, including all applicable standard drawings.
Page I 1
9. Electronic Graphics Submittal - The ENGINEER shall provide to the CITY an
electronic file deliverable (CD-ROM) of all design documents in both Micro Station
.dwg and pdf formats.
All work for development of the bridge layout, PS&E and Categorical Exclusion will be prepared
in English units and will be prepared to sufficient detail and clarity to obtain approval from City of
Denton and Texas Department of Transportation (TxDOT) for vertical and horizontal clearance
over Loop 288 and to meet City Design requirements for letting.
The ENGINEER will employ a computer graphics system that is compatible with the City's
computer system for Document and Information Exchange". The computer graphics files shall
have the same integrity, singularity, and attributes as elements generated by the City's
computer system.
The ENGINEER shall collect, review, and evaluate all of the available existing data pertaining to
the project and prepare the PS&E in accordance with the requirements and policies of the City.
The construction plans to be prepared by the ENGINEER for this project will contain all of the
required details pertaining to grading, paving, drainage, structures, storm water pollution
prevention, pavement markings, delineation, signing, and all details necessary for construction.
The ENGINEER will be present and provide technical support when meeting with adjacent
affected property owners and utility companies. The City will be the principal contact for public
and private inquiries regarding the project. The ENGINEER shall provide assistance when
called upon by supplying the City with the necessary data to support the public information
program.
All coordinate geometry will be based on and tied into the State's coordinate system (surface
coordinates).
The ENGINEER shall conduct all field surreys for the establishment of a horizontal base line
and benchmark circuit for the project, horizontal and vertical ties of critical existing facilities,
structures and features, including all features influencing existing streets and driveways.
The ENGINEER will be required to meet, as needed, with the designated City representatives
on a regularly scheduled basis to report on progress.
PS&E shall be prepared in accordance with the applicable requirements of the City of Denton
Standard Specifications for Construction, City of Denton Engineering Standards, and manuals
(updated for revisions). Whenever possible, TxDOT standard drawings and standard
specifications will be used for specialty structural elements.
The ENGINEER will be responsible for assuring that all work performed goes through a QC/QA
process before the City receives any deliverables.
The engineering work on this project will be performed in the offices of the ENGINEER and sub-
consultants and may be inspected by the City at any time.
The ENGINEER will be the single point of contact between the CITY and all subcontractors.
The ENGINEER will provide full management of all subconsultants including coordination of all
meetings, review of all work performed, delivery and submission of all documents, plans, and
reports.
Page 12
Detailed engineering and surveying services are more specifically described in the following
TASK OUTLINES.
PHASE 1 - 30% PLANS, SPECIFICATIONS & ESTIMATES
A. DESIGN SERVICES
1. Attend kick off meeting with the City of Denton
2. Develop one (1) Walkway, Retaining wall and Pedestrian Bridge Plan and Elevations
for the alignment of the existing walkway and bridge approximately 25 ft. left of
existing DCTA LRT Loop 288 track alignment.
3. Coordinate design efforts with Geotechnical Engineer and Survey personnel to
establish as-built track and LRT bridge alignment, sidewalk pavement sections, utility
types and locations, utility easements and ROW.
4. Develop under- bridge grading section based upon existing Loop 288 TxDOT
roadway easements, sidewalk locations and DCTA LRT Bridge bent locations.
5. Coordinate and provide Bridge Layout drawings to TxDOT and DCTA for review and
approvals.
B. FIELD SURVEYING
The ENGINEER shall provide flagmen, signing, traffic control, reflective vests, and other safety
equipment as required by the Texas MUTCD while performing the design surveying component
of the project.
1. Utilize primary horizontal and vertical control monumentation established for the
survey data provided by the CITY or DCTA.
2. Provide design topographic surveys along centerline of walkway 50'east and 50'
west of proposed alignment.
3. Establish a baseline along the existing walkway and rectify the survey data with
existing DCTA Track alignment and Bridge data.
4. Establish the existing right of way lines and property lines to be used for the bridge
layout.
5. Establish a benchmark circuit that ties into TxDOT monumentation.
6. Locate existing aboveground utility features and structures within the survey areas
defined above.
7. Establish field ties for geotechnical core samples.
8. Provide electronic files in Microstation format of all topographic features generating
3-D Digital Terrain Model of the project.
PHASE 2 - FINAL PLANS, SPECIFICATIONS & ESTIMATES
A. CIVIL PAVING, GRADING, UTILITY RETAINING WALL DESIGN SERVICES
1. General Project Management shall develop and maintain project schedules and
progress reports. ENGINEER will develop a schedule showing progress on the various
tasks, subtasks, milestones, and deliverables. Project management shall coordinate
and review the work produced, including work assigned to and accomplished by
subconsultants, to assure compliance with City policies and procedures, and to assure
that work is accomplished on time.
2. Grading - The ENGINEER shall develop the plan and profile (grading) sheets for the
bridge walkway approach slab pavement sections tie-in to bridge abutment
including the horizontal and vertical geometry, pavement dimensioning, limits of
construction, limits of bridge construction, walkway grading, etc.
3. Typical Sections - The ENGINEER shall prepare typical pavement sections to match
existing pavement utilizing a material as directed by the CITY.
Page 3
4. Retaining wall plan and profile drawings showing walkway geometry grade,
handrails, coping caps, top and bottom of wall elevations, finished grade at face of
wall and utility locations/ penetrations.
5. Miscellaneous Details - The ENGINEER shall utilize available City and TxDOT
Standard Details for miscellaneous details necessary to provide specific instruction
on the construction of all design elements in the plans.
6. Storm Water Pollution Prevention Plan (SW3P) - Project area shall be less than one
acre, therefore will not have to apply to the TCEQ for permit coverage under the
TPDES Construction General Permit. The ENGINEER shall develop a SW3P plan
consistent with the project construction phases that will minimize sediment discharge
from the project site through runoff.
7. Erosion Control Plan - The ENGINEER shall prepare an erosion control plan at a 1
inch = 100 feet scale or as directed by the City. The plan will identify the SW3P
components that will mitigate the impacts of construction activities. The Erosion
Control Plan will be in compliance with TxDOT manual Storm Water Management
Guidelines for Construction Activities.
8. Utility Coordination
a) Locate owner and obtain any maps of utilities available
b) Send letter to utility companies and provide preliminary project plans for
coordination
c) Meet with utility companies on the site as needed to discuss locations
d) The ENGINEER will plan, coordinate, and attend utility adjustment meetings with
all affected utility companies. This meeting will establish the schedule for utility
adjustments.
9. Summary of Quantities - The ENGINEER shall calculate and tabulate total
construction quantities for the project at 30% and 100% submittals. Quantities will be
in accordance with the TxDOT Standard Specifications for Construction of Highways,
Streets, and Bridges 2004.
B. BRIDGE DESIGN SERVICES
1. Preparation of Bridge Layout
a) Bridge Layout - The ENGINEER shall submit the preliminary bridge layout for
review and approval by the CITY following revisions based on 30% submittal
review comments.
The ENGINEER shall prepare the bridge layout at a scale of 1" = 40 feet or 1" _
20 feet. The scale for the plan view shall be the same for the elevation view. The
bridge layout will include beginning and ending stations, stations of bridge joints,
offset data, curve data, span lengths, approach slab dimensions, total bridge
length, bridge dimensions, and soil core hole locations.
b). Bridge Elevations - The ENGINEER shall prepare bridge elevations at a scale of
1" = 40 feet or 1" = 20 feet or as directed by the CITY including beginning and
ending stations, existing and proposed ground line, height of bents, bent
dimensions, top of footing and bridge elevations, and soil core hole data. The
bridge elevations shall be in accordance with TxDOT's Bridge Division Manuals.
2. Bearing Seat Elevations - The ENGINEER shall provide bearing seat elevations for
each beam or girder on the quantity summary sheet for the bridge.
3. Foundation Design - The ENGINEER shall develop the foundation design in
accordance with the TxDOT's Bridge Division Geotechnical Manual.
Page 14
4. Preparation of Walkway Bridge Structural Details - The ENGINEER shall prepare
structural details for the bridge. Bridge structure details will conform to standard
TxDOT bridge design requirements. Architectural or aesthetic amenities are
anticipated to include standard exposed aggregate finishes, walkway handrails and
walkway special finishes per ADA slope requirements.
5. Preparation of north and south abutment access stairway plans and detail drawings
for pedestrian access to Loop 288 at-grade sidewalks. Stairway handrails and
landings designed per local code requirements.
6. Bridge Total Quantities and Cost Estimates - The ENGINEER shall provide all of the
bridge quantities by construction phase and the estimate of probable cost for the
bridge for 30%, and 100% submittals.
7. General Guidelines for Bridge Design - The ENGINEER shall make final design
calculations and provide information to the CITY. The bridge design shall be in
accordance with TxDOT's Bridge Division manuals.
C. ELECTRICAL DESIGN SERVICES
1. The ENGINEER shall prepare electrical lighting and conduit power service plans
and details for embedded parapet lighting fixtures from beginning to end of retaining
walls. The Engineer shall perform lighting, and power calculations to support design.
The Engineer shall prepare specifications to govern the electrical construction.
PHASE 3 - BIDDING & CONSTRUCTION PHASE SERVICES
A. The ENGINEER shall assist City during bidding process by attending a Pre-bid
meeting, issuing Project drawings and specifications, providing bid clarifications on
plans or specifications, issuing drawing revisions or specification addendums,
attending the bid opening, reviewing bids.
B. The ENGINEER shall perform the following Construction Phase services:
1. Review construction shop drawings
2. Review material submittals, sample mockups
3. Answer "Requests for Information
4. Clarify drawing or specification questions
5. Perform six (6) field inspections and monitor construction progress.
Page 15
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1
CERTIFICATE OF LIABILITY INSURANCE, DATE (MM/DDIYYYY)
/2011 9/29/2010
PRODUCER Lockton Companies, LLC-1 Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kansas City MO 64112-1906 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(816) 960-9000
INSURED LOCKWOOD, ANDREWS & NEWNAM, INC.
1057787 ATTN: MR. DON SCHUETZ
2925 BRIARPARK DRIVE
HOUSTON, TX 77042
INSURERS AFFORDING COVERAGE I NAIC #
INSURER A: Continental Casual Company 20443
INSURER B:
INSURER C:
INSURER D:
INSURER E:
nnX1P0Anl=Q TFTI AT)f11 P('
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
DD'
POLICY EFFECTIVE
POLICY EXPIRATION
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MMIDD/YYYY
DATE MM/DDIYYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
X7DCXXXX
COMMERCIAL GENERAL LIABILITY
NOT APPLICABLE
DAMAGE TO RETE
PREMISES (Ea occur ence
$ XXXXXXX
CLAIMS MADE F~ OCCUR
MED EXP (Any one person)
$ XXXXXXX
PERSONAL & ADV INJURY
$ XXXXXXX
GENERAL AGGREGATE
$ XXXX)Cxx
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ XXXXXXX
POLICY X PRO LOG
JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$ XJx7CXxX
ANY AUTO
NOT APPLICABLE
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
$ X);X~
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY
$ )CXXX)CXX
NON-OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
(Per accident)
$ 7)OCxxxx
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT
$ XXXJ)C)X
ANY AUTO
NOT APPLICABLE
OTHER THAN EA ACC
$ XXXXXXX
AUTO ONLY: AGG
$ XXX) X)CX
EXCESS / UMBRELLA LIABILITY
EACH OCCURRENCE
$ XXXXX)CX
OCCUR EICLAIMS MADE
NOT APPLICABLE
AGGREGATE
$ xxxxxxx
$ XXXXX)x
UMBRELLA
DEDUCTIBLE FORM
$ XXX)x)x
RETENTION $
$ XXXXX3CX
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY
NOT APPLICABLE
TORY LIMITS ER
Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$ XXXXXXX
❑
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$ XXXIC=
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$ XXXXXXX
OTHER
55,000,000 EACH CLAIM AND IN
A
PROFESSIONAL
CIH 00 616 13 40
6/10/2010
6/10/2011
THE ANNUAL AGGREGATE
LIABILITY
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
DESIGN, ENGINEERING AND SPECIFICATIONS FOR A PEDESTRIAN BRIDGE ON THE DENTON BRANCH RAIL TRAIL CROSSING OVER LOOP
288 NEAR MILE MARKER 724.
L;LK I IFIt:A I t MULUtK L:AIV"LLA 1 IUN
11016340 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF DENTON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
215 EAST MCKINNEY STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
DENTON TX 76201 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 (2009/011
0 1988-20WA(MRD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
For questions regarding this certificate, contact the number Ilsted In the 'producer' section above and specify the client code'LE0AD01'.
,aCC)R°® CERTIFICATE OF
LIABILITY INSURANCE
DATE(MMIDD/YYYY)
2011
9/29/2010
PRODUCER Lockton Companies, LLC-1 Kansas City
-1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suite
444 W. 47th Street
900
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
,
HOLDER. THIS CERTIFICATE DOES NOT AM
END, EXTEND OR
Kansas City MO 64112-190
6
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(816) 960-9000
INSURERS AFFORDING COVERAGE
NAIC #
INSURED LOCKWOOD, ANDREWS & NEWNAM, INC.
INSURER A: Continental Casual Company
20443
1079765 ATTN: MR. DON SCHUETZ
INSURER B: Valle Forge Insurance Company
20508
2925 BRIARPARK DRIVE
INSURER C: St Paul Fire and Marine Insurance Co
24767
HOUSTON TX 77042
INSURER D: National Fire Insurance Co of Hartford
20478
INSURER E:
COVERAGES LEOADOI PC NHSURER(S)FIAUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFCATE HOLDER.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
DD'
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD/YYYY
POLICY EXPIRATION
DATE MM/DDIYYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
1,000,000
D
X
COMMERCIAL GENERAL LIABILITY
1015651942
1/1/2010
1/1/2011
DAMAGE RENED
REM SESOEa occurrence
P
$ 100,000
CLAIMS MADE FX~ OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY X PRO LOC
JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$ 1
000
000
A
X ANY AUTO
1015651956
1/1/2010
1/1/2011
(Ea accident)
,
,
X
ALL OWNED AUTOS
BODILY INJURY
$
)OOCXXXX
SCHEDULED AUTOS
(Per person)
X
HIRED AUTOS
BODILY INJURY
$ 7000{XXX
X
NON-OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
(Per accident)
$
XXXXXXX
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$ XXXXXXX
ANY AUTO
NOT APPLICABLE
OTHERTHAN EA ACC
$ XXXXXXX
AUTO ONLY: AGG
$ XXX)OCXX
EXCESS I UMBRELLA LIABILITY
EACH OCCURRENCE
$ 25,000,000
C
X OCCUR FICLAIMS MADE
QK08000835
1/1/2010
1/1/2011
AGGREGATE
$ 25,000,000
$ X700cxxx
UMBRELLA
O
DEDUCTIBLE
FORM
$ XXX)O M
X
RETENTION $ 10,000
$ 700X7 xx
WORKERS COMPENSATION
X WC STATU- OTH-
B
AND EMPLOYERS' LIABILITY
1015651973 (AOS)
1/1/2010
1/1/2011
TORY LIMITS ER
B
YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
N
1063334422 (CA)
1/1/2010
1/1/2011
E.L. EACH ACCIDENT
$ 1,000,000
B
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
2076231879 (DC)
1/1/2010
1/1/2011
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
DESIGN, ENGINEERING AND SPECIFICATIONS FOR A PEDESTRIAN BRIDGE ON THE DENTON BRANCH RAIL TRAIL CROSSING OVER LOOP
288 NEAR MILE MARKER 724. THE CITY OF DENTON IS AN ADDITIONAL INSUREDS AS RESPECTS TO GENERAL AND AUTO LIABILITY, AS
REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN
CONTRACT.
I.CK I IrII,.A I C r1ULUCK L kkN iCLLA I IUIV
11016339 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF DENTON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
215 EAST MCKINNEY STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
DENTON TX 76201 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORn 2s !20091011
n 19RR-2flWAMRO CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
For questions regarding this certificate, contact the number listed In the'Producer'section above and specify the client code'LEOAD01'.