2012-165FILE REFERENCE FORM 2012-165
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
First Amendment to Contract [ori inal attached to ordinance] 08/14/12 jR
ORDINANCE NO. 2012-165
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE, NALL, AND PERICINS,
INC. FOR ENGINEERING SERVICES RELATING TO THE DOWNTOWN MASTER
DR.AINAGE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE (RFQ 493 5 AWARDED
TO TEAGUE, NALL, AND PERKINS, INC.1N THE AMOUNT OF $103,900).
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 1. The City Manager is hereby authorized to enter into a professional service
contract with Teague, Nall, and Perlcins, Inc., to provide professional engineering for the City of
Denton Downtown Drainage Master Plan, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFQ 4935 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective irnmediately upon its passage and
approval.
PASSED AND APPROVED this the `�� day of ,2012.
% �
�
MARK �-BURROUG� S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,� ' �
6-ORD- Q 4935
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES FOR DOWNTOWN DRAINAGE MASTER PLAN
FILE 4935
THIS AGREEMENT is made and entered into as of the �
`�� day of
�GL �� , 2012, by and between the City of Denton, Texas, a Texas municipal corporation,
with it - principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201,
hereinafter called "Owner" and Tea�ue, Nall and Perkins, Inc with its corporate office at 15.� � Centre
Place Drive, Suite 320, Denton TX 76205 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, Professional En in� eering Services to develop a downtown master draina�e master
plan in accordance with RFQ 4935.
Page 1
11CODAD1DepartmentslMaterials ManagementlPRCHIContracts Documents14000-499914935 PSA Downtown Drainage Master Plan - TNP 6-27-12.docx
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
21.1 For Basic Services the total compensation sha11 be $101,900.
2.1.2 Progress payments for Basic Services sha11 be paid in the following percentages for of the
total compensation far the Basic Services satisfactorily completed at the end of the following phases
of the Project:
Existing conditions analysis & Report:. 44%
Proposed conditions analysis & Final Report: 56%
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as per Attachment C.
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services sha11 be based on a multiple of 1.1 times the arnounts billed
to the Design Professional for such additional services.
2.3 REIlV1BURSABLE EXPENSES Reirnbursable Expenses shall be a multiple of 1.1 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 $2,000 without the
prior written approval of the Owner.
Page 2
1\CODAD1Departments�ivlaterials Management�PRCH�Contracts Documents\4000-4999\4935 PSA Downtown Drainage Master Plan - TNP 6-27-12.docx
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
3. Attachmenfs A through D.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY: -•,�
EO GE C. CAMPBELL
CITY MANAGER
ATTEST:
JE ER WALTERS, CITY SECRETARY
BY:
AP OVED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY:
DESIGN F
BY: � .
Firm's Of er/Representativ
(Signature)
Page 3
1\CODAD1DepartmentslMaterials Management�PRCH1Contracts Documents14000-499914935 PSA Downtown Drainage Master Plan - TNP 6-27-12.docx
CITY OF DENTON
GENERAL CONDTTIONS
TO
AGREEMENT FOR ARCHITEC'I'iIRAL OR ENGINEERING SERVICES
ARTICLE 1. ARCI-IITECT OR ENGIlVEER'S RESPONSIBILTTIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "AgreemenY') and proposal (the "Proposal") to which these
General Conditions aze attached).performed by the Arclutect or Engineer (hereinatter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in P,rkicles 2 and 3 of tl�ese General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent conhactor 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 ]ocality under similar conditions, including reasonable, infoaned judgments and prompYtimely
acdons (the "Degree of Caze"). The Services shall be performed as expeditiously as is consistent wifli the Degree of Caze necessary for the orderly progress of the Project.
Upon request of the Owner, the Desig� Professiona] shall submit for the Owner's approval a schedule for the performance of the Services wMch 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 DEFL�iED The Design Professional's Basic Services consist of those described in Sectio�s 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and elechical 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 SCHEMATTC DESIGN PHASE
2.21 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
requuements 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 altemative approaches to design and construction ofthe Project.
2.2.4 Based on the mutually ageed-upon program, schedule and construction budget requirements, the Design Professional shall prepaze, 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, stahrtes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construclion Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved m constructing the Project and establishes an elapsed time factor for the period of time from ttie
commencement to the completion of conshuction.
2.3 DESIGN DEVELOPMENT PHASE — SECTION IS NOT APPLICABLE
2.4 CONSTRUCTION DOCUMENTS PI3A5E - SECTION LS NOT APPLICABLE
2.5 CONSTRUCTION CONTRACT PROCURENI�NT - S�CTION IS NOT APPLICABL�
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT — SEC'I'ION IS NOT APPLICASLE
ARTICLE 3 ADDTTIONAL S�RVICES
31 GENER AL
31.1 The services described in this Article 3 aze 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 aze 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 aze 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 PROJ�CT REPRESEN'TATION BEYOND BASIC SERVICES
3.21 If more e2ctensive representation at the site than is described in Subsection 2.6.5 is requued, 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 Profiessional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CON'I'INGENT ADDITTONAL SERVICES
Page 4
11CODAD1DepartmentslMaterials ManagementlPRCH�Contracts Documents14000-4999\4935 PSA Downtown Drainage Master Plan -"I'NP 6-27-12.docx
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 ]imited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.52.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Constntction Change Directives.
3.3.4 Providing consultation conceming replacement of work damaged by fire or other cause during conshuction, and fumishing 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.
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 connec6on with a public hearing, arbitrazion proceeding or legal proceeding except where the Design Professional is parry thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, separate or sequenfial bids or providing services in connection
with bidding or construction prior to the completion ofthe 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 a part 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 3.3.9.
3.4 OPITONAL ADDTi'IONAL SERVICES
3.41 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or compazative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of govemmental 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 e�sting 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 sepazate 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.
3.410 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 installaUon of fumiture, fumishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the fmal 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 fumished in accordance with generally accepted azchitectural
practice.
Page 5
11CODAD1DepartmentslMaterials ManagementlPRCHIContracts Documents14000-499914935 PSA Downtown Drainage Master Plan - TNP 6-27-12,docs
3.417 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 fumished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, al] services described in this Article 3 that aze
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 a part 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 lnnit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILTTIES
4.1 The Owner shall consult with the Design Professional regarding requuements 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 2.21.
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 fiunish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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 fvnely manner pertauimg 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 fumish surveys describing physica] 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 properry and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; loc.ations,
dimensions and necessary data pertaining to e�sting buildings, other improvements and trees; and information conceming available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shal] be referenced to a project benchmazk.
4.6 Where applicable, the Owner shall fumish 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 beazing 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 fumish the services of other consultants when sucb services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professiona] as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall fumish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other ]aboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner sball fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may requue 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 fumished at the Owner's espense, and the Design
Professional shall be entiUed 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 awaze 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 6e requested of the Design Professional or Design ProfessionaPs 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 CONSTRUCTIOiV 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 Conshuction Cost shall include the cost at current market rates of labor and materials fiimished 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 mazket conditions at the time of bidding and for changes in ttte work during construction.
51.3 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
5.21 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 ProfessionaPs best judgment as a design professional familiar with the construction industry. It is recognized, however, that neitUer
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
Page 6
1\CODAD1Departments�IVlaterials Management�PRCH�Contracts Documents14000-499914935 PSA Downtown Drainage Master Plan - TNP 6-27-12.docx
competitive bidding or mazket 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 Construcfion Cost or evaluation prepazed or agreed to by the Design Professional.
5.2.2 No fixed lunit of Construction Cost shall be established as a condition of the Agreement by the fumishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. ff such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to deternvne what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustrnents in the scope of the Project and to include in the Contract Documents altemate 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 Construcrion 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 OWNERSFIIP AND USE OF DOCLiMENTS
61 The Drawings, SpecificaYions and other documents prepared by the Design Professional for this Project aze instruments of the Design ProfessionaPs service and sha(1
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 aze 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 eacpense. 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 aze specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
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
71 The Design Professional may temvnate 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 Prof�ssional. Ow�er may tern�inate the Agreement or any phase thereof with or without cause upon thirt}+ (30) days
prior written notice to the Design Professional. Al] work and ]a6or being performed under the Agreement shall cease unmediately upon Design Professional's receipt of such
notice. Before the end of the thiriy (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 ]ost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon temvnation of the
Agreement and shall be prompfly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuarion
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 Professiona] 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 intemiption
and resumption of the Design Professional's services.
7.3 The Agreement may be temunated by the Owner upon not less than seven days written notice to the Design Professional in the event that tl�e 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 tUe Agreement.
7.6 In the event of teimination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
temunation.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
81 DIl2ECT P�RSONN�L �XP�NSE
8.11 Direct Personnel E�ense 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 ta�ces and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similu contributions and benefits.
8.2 REIlVIBURSABI.E EXPENSES
8.21 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and 'mclude expenses incuned 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 Espense of transportation in wnnection 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 reproductian of the sets of documents referenced in Subsection 2.6,19), postage and handling of Drawings,
Specifications and other documents.
8.21.3 If authorized m 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.
Page 7
11CODAD1Deparkments�Ivlaterials ManagementlPRCHIContracts Documents14000-499914935 PSA Downtown Drainage Master Plan - TNP 6-27-12.docx
8.21.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.21.6 Other expenses that aze approved m 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 e�ctent thak 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.
8.3.3 When compensation is based on a percentage of Construction Cost and any poRions 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 ]owest 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 PAI'iVIENT5 ON ACCOiJNT OF ADDTTIONr1L SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable E�cpenses shall be made monttily within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurzed.
8.5 PAXMENTS WTI'IIHELD No deductions shall be made from the Design ProfessionaPs 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 ACCOiNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representadve 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 regulaz business hours for three years after the date of the fmal Certificate of Payment, or until any litigation related to the Project is final, whichever date is
]ater.
ARTICLE 9 IlVDENINITY
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 6y 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 ]ess than $1,000,000 for each occunence and not less than $2,000,000 in the aggregate,
and with properry damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggegate.
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 fumish 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, fumish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICZ� 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be govemed 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 Professio�al, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other parry to this Agreement and to
the parhiers, successors, assigns and legal representatives of such other parry with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without th� 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 integated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Ageement may be amended only by written instrument signed by botU Owner and Design Professional. When interpreting the
Ageement the executed Agreement, Proposal, these General Conditions and tUe other attachments referenced in Section 3 of the Agreement shall to the extent that is
Page 8
1\CODAD�DepartmentslMaterials ivlanagementlPRCH�Contracts Documents\4000-4999\4935 PSA Downtown Drainage Master Plan - TNP 6-27-12.docx
reasonably possible be read so as to hannonize 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
ll.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.
ll.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 interioi, 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 promotiona] materials for the Project.
ll.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 approva] 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, se�
national origin or ancestry, age, or physical handicap.
ll.11 The captions of the Agreement aze for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
Page 9
11CODAD1DepartmentslMaterials ManagementlPRCHIContracts Documents14000-49.9914935 PSA Downtown Drainage Master Plan - TNP 6-27-12.docx
ATTACHMENT'A'
ITEMIZED SCOPE OF SERVICES
DENTON DOWNTOWN DRAINAGE MASTER PLAN
BASIC SERVICES
PROJECT DESCRIPTION
The scope of this project generally consists of preparation of a master drainage pian for the
downtown area, described for these purposes as the area within the Tax Increment Finance
district (TIF) and the Downtown Implementation Plan (DTIP) areas. This area is depicted on
Attachment C, incorporated herein. This master plan is intended to identify the drainage system
infrastructure components that are necessary to provide adequate drainage to the subject area, in
order to allow the City to develop funding mechanisms and to facilitate development. In general,
the scope will include researching and compiling information related to the existing drainage
structures and drainage patterns in the area, evaluating the adequacy of those systems,
recommending improvements to address inadequacies, preparing construction cost estimates for
recommend improvements, and presenting the results of the study both in a report and in
presentation format.
GENERAL
Basis for the Scope of Services
The following assumptions were used by the ENGfNEER for the preparation of this scope of
Basic Services:
1. All hydrologic and dynamic hydraulic modeling will be done using Info Works SD
dynamic hydraulic modeling software.
2. Deliverables will not include actual construction-level plans.
3. Proposed improvements will be initially developed using City of Denton criteria
(including proposed criteria based on iSWMM), however, as the analysis proceeds,
the City stafF and the ENGINEER will determine whether or not all proposed
improvements will be in accordance with City criteria.
4. Existing drainage facilities will be based on data provided by the City and
supplemented by field surveys. However, there may still be gaps in available data
that require various assumptions to be made. Any such assumptions will be noted
so that the City is aware of where assumptions were made.
Scope of Basic Services
The scope of Basic Services is described as follows:
A. Project Management and Meetings
1. The ENGINEER wiil manage the project and all sub-consultants throughout the
duration of the project, including coordination with City of Denton staff.
2. The ENGINEER will provide monthly status reports that briefly outline project
status. These status reports can coincide with monthly invoices near the middle
of each month, or may be scheduled to coincide with City staff meetings or
Attachment A- Page 1 of 7
3. The ENGINEER and the project team will meet as needed with City of Denton
staff during the development of the project. In addition to minor meetings to
discuss specific components of the work we anticipate at least the following
major milestone meetings:
a. Kickoff Meeting
b, Review existing conditions and possible improvement alternatives, along with
initial model runs for 100-year storm improvements
c. Review final recommendations
B. Data Collection and Base Map
1. The ENGINEER will compile existing data provided by the City, including GIS
data (contours, streets, buildings, water and sewer facilities, drainage structures,
and other data as needed), as-built plans, aerial photography, rainfall data, high
water marks, flood photographs, and other available data. Field data collected
by the City, indicating pipe sizes and depths will also be incorporated into the
study. This information is assumed to be accurate and complete. No field
survey is included in the scope of this agreement,
2. The ENGINEER will compile the data into base maps of the study area, to be
used for depicting both existing and proposed conditions.
3. The existing surface mesh will be based on TNRIS LIDAR data, which is already
available for use by the ENGINEER.
4. The ENGINEER will compile existing standards and other data that is publicly
available, including land use and zoning maps, street and drainage standards,
the Downtown Implementation Plan standards, and other pertinent available
data.
5. The ENGINEER will compile pertinent previous drainage studies that will impact
the analysis. It is believed that all the major pertinent studies were prepared by
the ENGINEER under previous contracts, including the Pecan Creek study, the
Upper PEC-4 CL�MR and Study, and the 2004 Finish Floor Survey. This data
will be documented and compiled and made available to the project team.
6. Once existing data is compiled the ENGINEER will conduct limited field visits to
identify drainage structures for which data may not be available. Based on this
reconnaissance, field surveys will be initiated to obtain any missing drainage
information, including pipe sizes and locations, flowlines, infet sizes and
locations, along with key surFace elevations for surface data comparison. Data
provided by the City in the form of GIS data or as-builts will be considered correct
and will not necessarily be field verified.
7. Drainage feature data obtained during this portion of the project will be made
available to the City in a format compatible with the City GIS system.
C. Existing Conditions Analysis
ENGINEER will delineate the watershed based on contour data from the 2009
TNRIS LiDAR and field verification and document existing street, right-of-way,
and storm drain capacities for the subject site. A drainage area map will be
provided to the CITY indicating all drainage boundaries and relevant information
including loss parameters and peak discharges for studied rainfall events.
2. Hydrologic parameters including NRCS Curve Number, percent impervious
cover, and times of concentration will be developed based on information
Attachment A- Page 2 of 7
provided by the city including hydrologic soil group and land use types as well as
on-the ground verification and aerial imagery.
3. Rainfall hyetographs will be developed using the Frequency Storm method and
based on rainfall data for Denton County. Hyetographs will be developed for the
5-; 10-, 25-, 50-, and 100-year rainfall events.
4. ENGINEER will develop a hydrodynamic model of the storm sewer system in the
Downtown Denton area (including the TIF and DTIP overlapping areas) using
InfoWorks SD12D version 12.5 or higher. The model will include 1-dimensional
analysis of the existing storm sewer system, including all trunk lines.
ENGINEER will utilize available survey data, plans and GIS/CADD information to
develop the model schematic. Any gaps in the data will be inferred using the
terrain information and other known data points. Inlets at a given intersection
shall be modeled in groups unless the ENGINEER and CITY determine that the
inlet capacity is a limiting factor and the inlets should be examined individually.
5. The overland flow routes will be modeled using 2-dimensional analysis with a
triangular mesh developed based on the 2009 LiDAR terrain. The 1 D and 2D
portions of the model will interact at assigned points such as outfalls, inlets, and
unsealed manholes.
6. Hydraulic boundary conditions will be established based on the hydraufic models
for Pecan Creek and Pecan Creek Tributary 4, completed by TNP. The
boundary conditions for the existing conditions model will be based on the
existing conditions hydraulic models for Pecan Creek and Tributary PEC-4. A
rating curve or iSWMM calculations will be used to address the difference in peak
times between the major creeks and the local drainage systems.
7. Troubleshooting of the existing conditions model will be done for the 10- and
100-year storms to establish a baseline of comparison for potential improvement
alternatives, which will be discussed in subsequent sections of this scope. The
ENGINEER will evaluate model stability and proper volume balance over a range
of storm events to ensure accurate results.
8. Calculations regarding street and right-of-way capacities and design discharges
(10-year and 100-year frequencies) at selected critical locations will be provided.
Capacities of existing storm drain will be shown as calculated in the InfoWorks
SD/2D model. All locations in the project area where 100-year runoff exceeds
available storm drain and right-of-way capacities shall be clearly identified.
9. ENGINEER will evaluate the existing conditions model results and identify areas
that have limited storm sewer and/or inlet capacity and highlight areas where
flooding occurs. ENGINEER will use available high water marks as well as
rainfall information and photographs of the downtown flooding for the July 2007
storm in order to validate the model results to the maximum extent practicable.
10. Upon completion of the existing conditions analysis, the ENGINEER and CITY
will meet to discuss the findings and will discuss potential drainage
improvements.
D. Proposed Conditions Analysis and Recommendations
The ENGINEER's responsibility includes recommendations for improvements of
the existing system as deemed reasonable and consistent with CITY standards.
Attachment A- Page 3 of 7
2. ENGINEER will develop a list of possible flood mitigation alternatives. Such
improvements include but are not limited to local detention, pipe and inlet
capacity improvements, impervious cover recommendations for future
development, and others. The items on the conceptual list will be evaluated for
feasibility and up to three (3) alternatives will be selected for further development.
3. ENGINEER will conduct a preliminary analysis of up to three (3) alternatives for
improvements including, but not limited to, pipe capacity increases, inlet capacity
increases, sensitivity to tailwater conditions in Pecan Creek and local detention.
Alternatives considered will be tabulated and identified in the Preliminary Report,
even those alternatives considered and rejected. Additional alternatives will
require a contract amendment. This preliminary analysis may not include
evaluation of every drainage system but will be sufficiently representative to
determine what alternatives warrant detailed analysis.
4. Based on the preliminary analysis, fhe ENGINEER will prepare a brief
Preliminary report outlining possible improvements and their impact. The report
will also identify the impact of ineeting standard City of Denton design criteria
along with recommendations for deviation from those criteria, if applicable. The
ENGINEER and City staff will meet to discuss the prefiminary findings.
5. ENGINEER will evaluate each alternative individually as well as in combination
with other proposed alternatives. Each proposed alternative will be developed
based on the 100-year criteria for the City of Denton. If the alternative needs to
be revised to accommodate economic or physical constraints, then one (1) lower
level of service (10-year, 25-year) will be considered and the alternative will be
adjusted accordingly. The proposed model boundary conditions will include the
proposed condition model for Pecan Creek and PEC-4. A sensitivity analysis will
be done in order to determine the level of influence that the Pecan Creek water
surface elevations have on the storm sewer system in the Downtown area.
Based on the sensitivity analysis results, ENGINEER will determine if fhe
proposed Pecan Creek improvements will have an effect on the proposed
Downtown drainage improvements and adjust the Downtown recommendations
accordingly.
6. .Results will be presented for each alternative for the 100-year rainfall event
including reductions in flooding for each event specified as well as the number of
structures removed from flooding. If the proposed alternative is developed for a
lower level of service, ENGINEER will provide mapping for the design rainfall
event as well as the 100-year event such that the expected 100-year inundation
is identified for the CITY. The sensitivity analysis results will help determine the
effectiveness of the Pecan Creek improvements on the Downtown storm sewer
system. If it is more cost effective to irriprove Pecan Creek than to construct
improvements in the Downtown area, those priorities will be reflected in the
Master Plan recommendations.
7. ENGINEER will develop conceptual opinions of probable cost for each alternative
and provide recommendations for potential capital improvement projects. The
opinion of probable cost will be developed for the alternative that meets the City
of Denton drainage design criteria (100-year). If a system with a reduced level of
service (i.e. 10-year) is developed due to costs or other constraints, an opinion of
probable cost will also be provided for one (1) such revised alternative.
Attachment A- Page 4 of 7
ENGINEER will provide guidance regarding the prioritization of the
recommended projects.
The ENGINEER will evaluate proposed improvements with regard to available
information about the location of existing major utilities, primarily water and
wastewater. Where possible, conflicts with major utilities will be avoided. Where
utility relocations appear to be necessary, costs for such relocations will be
included in the project cost esfimates.
E. Deliverables
Deliverables will include the following:
1. A final report that will contain exhibits, tables, methodologies, recommended
improvements, opinions of probable construction costs, models, and results of
analyses. The submittal process will be in multiple phases as follows:
a. Two (2) hard copies of an initial draft of the Project Report, including existing
conditions analysis and Preliminary proposed conditions analysis will be
submitted for interim review by the City. Upon review by the City the design
team will meet with City staff to discuss. This draft will include:
i. Exhibits that will highlight areas where the existing drainage system
is exceeded and where flooding appears to occur;
ii. A drainage area map of the study area;
iii. Hydrologic parameters and assumptions;
iv. Street and right-of-way capacity calculations;
v. Drainage system capacities;
vi. Results of the sensitivity analysis and the impact of Pecan Creek on
improvement options
vii. Possible improvements alternatives and their impact;
viii. Analysis of areas where design criteria may need to deviate from
standard city of Denton criteria;
ix. A brief evaluation of local detention possibilities; _
b. The report will also indicate if additional data is necessary to complete the
analysis. Upon review by the City, the design team will meet with City
staff to discuss the preliminary findings and to determine direction for
completion of the analysis. No cost estimates or detailed design output
will be submitted at this time.
c. Two (2) hard copies of a draft Final Report will be submitted for review by the
City. The draft report will include all exhibits, tables, narrative,
recommendations and cost estimates.
d. Three (3) hard copies of the Final Report will be submitted to the City, along
with electronic files of the report. The electronic files will also include all
models and other back-up data used in the report.
Attachment A- Page 5 of 7
F. Presentations
The ENGINEER will provide the exhibits and deliverables identified herein, and will be
present at up to two presentations to answer questions. City staff will prepare any
necessary PowerPoint materials, and will make the actual presentations.
Attachment A- Page 6 of 7
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. GIS data depicting contours, streets, buildings, utilities, and other data as requested.
3. As-built records where available.
4. High water mark data and other information available to identify known areas of flooding.
PROJECT SCHEDULE
It is our understanding that a Notice to Proceed will be issued on June 20, 2012. Key milestone
submittals will be approximately as indicated:
Draft Existing Conditions Analysis & Preliminary Report July 27, 2012
Draft Final Report
Final Report
November 2, 2012
December 6, 2012
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of perFormance of ENGINEER's services shall be adjusted
equitabfy.
Attachment A- Page 7 of 7
ATTACHMENT `B'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in ATTACHMENT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
Labor
The following fixed fees shall be paid to the ENGINEER for labor invofved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
Downtown Drainage Master Plan $ 99,900
Data Collection & Base Mapping
Existing Conditions Analysis
Proposed Conditions Analysis and Recommendations
Final Report, Exhibits and Cost Estimates
Presentations (two) $ 2,000
City Council and Downtown Task Force
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
deliverylcourier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense plus 10% with a not-to-exceed amount of:
$ 2,000
3. Total Fee for Basic Services $ 103,900
B. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBfT A, Scope
of Basic Services, shall be considered Additional Services. The ENGINEER will be
reimbursed for Additional Services, should they be requested, as described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly.
Attachment B— Page 1
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mifeage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense PLUS 10%.
Attachment B— Page 2
ATTACHMENT C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2012 to December 31, 2012*
Enqineerinq 1 Technical From - To
Principal $170 - $230 Per Hour
Project Manager $120 - $200 Per Hour
Senior Engineer $110 - $220 Per Hour
Engineer $ 85 - $140 Per Hour
Landscape Architect / Planner $110 - $175 Per Hour
Landscape Designer $ 70 - $110 Per Hour
Designer $ 85 - $120 Per Hour
Senior Designer $100 - $160 Per Hour
CAD Technician $ 60 - $ 95 Per Hour
Senior CAD Technician $ 75 - $110 Per Hour
IT Consultant $120 - $150 Per Hour
IT Technician $ 85 - $120 Per Hour
Clerical $ 50 - $ 80 Per Hour
Resident Project Representative $ 70 - $120 Per Hour
Survevinq
Survey Manager $130 - $180 Per Hour
Registered Professional Land Surveyor $120 - $150 Per Hour
S.I.T. / Senior Survey Technician $85 - $110 Per Hour
Survey Technician $70 - $100 Per Hour
1-Person Field Crew w/Equipment*` $120 Per Hour
2-Person Field Crew w/Equipment** $145 Per Hour
3-Person Field Crew w/Equipment** $165 Per Hour
4-Person Field Crew w/Equipment'`* $190 Per Hour
Flagger $40 Per Hour
Abstractor (Property Deed Research) $85 Per Hour
Subsurface Utility Enqineerinq Hourlv Rate
SUE Engineer $160
Sr. Utility Location Specialist $ 95
Utility Location Technician $ 75
1-Person Designator Crew w/Equipment $115
2-Person Designator Crew w/Equipment $135
2-Person Vacuum Excavator Crew w/Equipment $250 (Travel and Stand-by)
SUE QL-A Test Hole (0 < 4 ft)*`* $900 per hole
SUE QL-ATest Hole (>4 � 6 ft)**" $1,100 per hole
SUE QL-A Test Hole (>6 < g ft)*** $1,310 per hole
SUE QL-A Test Hole (>8 � 10ft)*'`* $1,530 per hole
SUE QL-ATest Hole (>1a < 12ft)*** $1,770 per hole
SUE QL-A Test Hole (>12 < 14ft)**" $2,000 per hole
Direct Cost Reimbursables
Photocopies, Scans & PDF Files: $0.10/page letter and legal size bond paper, B&W
$0.201page 11" x 17" size bond paper, B&W
$1.00/page letter, legal and 11" x 17" size bond paper, color
$2.00/page 22" x 34" and larger bond paper or vellum, B&W
$4.00lpage 22" x 34" and larger bond paper or vellum, color
Plots: $1.00lpage 11" x 17" size bond paper, B&W
$2.00/page 11" x 17" size bond paper, color
$4.00/page 22" x 34" and larger bond paper or vellum, B&W
$6.00lpage 22" x 34" and larger bond paper or vellurn, color
$6.00/page 22" x 34" and larger mylar or acetate, B&W
Mileage
$0.55/mile
Al! Subcontracted and outsourced services shal/ be bi!!ed at rates comparable to TNP's billing rates shown above.
" Rates shown are for calendar year 2092 and are subject to change in subsequent years.
'* Equipment includes Truck, ATV, Robotic Totaf 5tation, GPS Unifs and Digital Level. '
*** Pricing includes 2-Person crew, designating for excavation, vehicle costs, and field supplies.
Denton �owntown �rainage Master Plan
BUDGET ESTIMATE
May 7, 2012
Romero I Sears I RPLS I Survev I Killen I Barr
Rev. 6
Reimb Total Total
.. . _. . . _ _ ..._
Reimbursa6les i,:,`,'
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES FOR
DOWNTOWN DRAINAGE MASTER PLAN FILE 4935
WHEREAS, a"Contract for Engineering Services for powntown Drainage Master
Plan" was entered into by and between the City of Denton, Texas and Teague, Nall and
Perkins, Inc" - File No. 4935 (hereafter the "Contract") on the 7t�' day of August, 2012, by
Teague, Nall and Perkins, Inc, a corporation (hereafter the "DESIGN PROFESSIONAL"),
acting by and through its duly authorized officer or representative, and the City of Denton,
Texas, a Texas municipal corporation (hereafter "CITY"), having been duly executed and
approved by the City Council; both DESIGN PROFESSIONAL and the CITY have each
resolved that the Agreement should be amended as to certain provisions, to wit:
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained, DESIGN PROFESSIONAL and the CITY mutually agree to amend the Agreement
by this "First Amendment to the Contract for Engineering Services for powntown Drainage
master Plan" (hereafter the "First Amendment"), to provide for an inclusion of professional
liability insurance; and
DESIGN PROFESSIONAL and the CITY hereby amend the Sections of the original
Contract as follows; and
CITY OF DENTON
GENERAL CONDITiONS
TO
AGRGGNIENT F'OR ARCHITECTURAL OR ENGINEERING SERVICES.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional sha(I 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 agettcy that has a rating with Best Rate Carriers of at least an A- or above:
101 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for eacl� 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 tl��� $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 thai� $500,000 f'or each
accident, and with property damage ]imits ofnot less than $100,000 for each accident.
10.3 Worker's Compensa6on Insurance in accordance with statutory requirements, a»d Employers' Liability Insurance with limits of i�ot less
than $100,000 for each accident including occupational disease.
10.4 Protessional Liabilirylnsurance with limits ofnot less than $1,000,000 annual aggregate.
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 ofthe Agreement. The General Liability and Automobile Liability insurance policies sh�ll name
the Owner as an additional insured, the Worl<ers' Compensation policy shall contain a waiver of subrogation in favor of the O�vner, and each
policy shall contain a provision that such insurance shall not be canceled or modified without thirt�� (30) days' prior written notice to Owner
and Design ProfessionaL In sud� event, tlie Design Professional shal(, piior to the effective d�e of the change or cancellation, fumish O�vner
with substitute certificates of insurance meeting the requirements of this Article ] 0.
SECTION 4
CONTRACT INTERPRETATION
This First Amendment includes all of the terms, provisions, warranties, agreements,
promises and covenants which are contained in the Contract heretofore executed by DESIGN
PROFESSONAL and the CITY on the 7th day of August, 2012.
SECTION 5
AMENDED AGREEMENT
Save and except as amended hereby, all of the remaining clauses, sentences,
paragraphs, sections and subsections of the "Contract for Engineering Services for powntown
Master Plan" heretofore entered into by DESIGN PROFESSIONAL and the CITY on the 7tn
day of August, 2012, shall remain in full force and effect.
This First Amendment shall be executed in four originals.
SIGNED AND DATED by the uly-authori ed partners, representatives and officers
of the parties hereto effective on the day of ✓.� , 2012.
"CITY"
CITY OF DENTON-.�)TEXAS
A Texas Munici��l�Vomoratic
,`f `
SENIOR BUYER
"DESIGN PROFESSIONAL"
TEAGUE, NALL AND PERKINS, INC.
By. � -
Gary . ickery, P.E.
Principal
2