2012-190oxDnv�vcE rro. 2012-190
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERiNG
AND DESIGN SERVICES, BY AND BETWEEN MICHAEL BAKER, JR., INC. AND THE
CITY OF DENTON, TEXAS, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE ($335,771 FOR
PROFESSIONAL ENGINEERING AND DESIGN SERVICES).
WHEREAS, the City Council deems that it is in the public interest to engage the
engineering firm of Michael Baker, Jr., Inc. (Baker), Denton, Texas to provide professional
engineering and design consulting services for the City of Denton, Texas that are related to
the Hickory Street Grand Street Proj ect; and
WHEREAS, City staff has reported to the City Council that there is a substantial need
for the above-referenced professional engineering services, and that limited City staff cannot
adequately perform the specialized services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualiiications, and for a fair and
reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The preamble to this ordinance is incorporated herewith by reference as
a part of this ordinance.
SECTION 2: The City Manager is hereby authorized by the City Council to execute
a"Professional Services Agreement for Engineering Firm" (the "Agreement") with Michael
Baker, Jr., Inc., Denton, Texas, for professional engineering and design services related to
professional services necessary for the Hickory Street Grand Street Project, for a fee of not-to-
exceed $335,771; in substantially the form of the "Agreement" that is attached hereto as
E�ibit "A" which is incorporated herewith by reference.
SECTION 3: The award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Baker and the demonstrated
ability of Baker to perform the services needed by the City for a fair and reasonable price.
SECTION 4: The expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION 5: This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
ATTEST:
t�L
i1 ,. . . ,,�
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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/
By:
.
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STATE OF TEXAS
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING AND DESIGN SERVICES
THIS AGREEMENT is made and entered into as of the �� day of
t` , 2012, by and between the City of Denton, Texas, a Texas muriicipai
corporai on, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "OWNER;" and Michael Baker, Inc., with its corporate office at
101 South Locust Street, Suite 300, Denton, Texas 76201, hereinafter called "CONSULTANT,"
acting herein, by and through their duly authorized officials, representatives and officers.
WITNESSETH, in consideration of the covenants and agreements herein contained, the
parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSLTLTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the professional
standards that are customarily obtained for such services in the State of Texas. The professional
services set out herein are in connection with the following described project:
Performing those professional services that are more particularly described in
CONSULTANT'S "Scope for Engineering Design Related Services for Hickory Street Re-
Design" issued to the OWNER, which is attached hereto as E�ibit "A" and which is
incorporated by reference herein (hereafter the "Project").
ARTICLE II
SCOPE OF SERVICES
The CONSLTLTANT shall perform the following Basic Services in a professional manner:
Those services as described in EXhibit "A" which is attached hereto and incorporated herewith
by reference.
ARTICLE III
ADDITIONAL SERVICES
Any Additional services to be performed by the CONSULTANT, if authorized by the
O.WNER, which are not included in the above-described Basic Services set forth in Article II
above, shall be later agreed-upon by OWNER and CONSIJLTANT, who shall determine, in
writing, on a time and materials basis, the scope of such Additional Services, the amount of
compensation for such additional services, and other essential terms pertaining to the provision
of such Additional Services by CONSLTLTANT.
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ARTICLE IV
PERIOD OF SERVICE
This Agreernent shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issuance of a notice to proceed by the OWNER. It
shall remain in force for the period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
OWNER, or until September 30, 2014, whichever date is later. This Agreement may be sooner
terminated in accordance with the provisions hereo£ Time is of the essence in this Agreement.
The CONSIJLTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by the OWNER, acting through its
Division Manager, Wastewater (hereafter "Manager" or his designee).
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense (other than "per diem" expense),
based upon actual cost for any for any out-of-pocket expense reasonably incurred by the
CONSULTANT related to its performance of this Agreement, including without
limitation, for long distance telephone charges, telecopy charges, messenger services,
printing and reproduction expenses, out-of-pocket expenses for purchased computer time,
prudently incurred travel expenses related to the work on the Project, and similar
incidental expenses incurred in connection with the Project.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT,
based upon the satisfactory completion of the Basic Services tasks set forth in the Scope
of Services as shown in Article II above as follows:
CONSULTANT shall perform its work on this project on an hourly fee basis, plus
reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly, or for
longer periods of time. CONSULTANT shall bill from time sheets, in minimum 1/4 hour
increments of time, at the rates and subject to the terms set forth in CONSLTLTANT's
three (3) page "Fee Proposal," which is attached hereto as E�ibit `B" and is
incorporated by reference herewith. OWNER shall pay to CONSULTANT for its
professional services performed, and for its out-of-pocket expenses incurred in the
Project, a total amount not-to-exceed $335,771.
Partial payments to the CONSLTLTANT will be made monthly based on the percent of
actual completion of the Basic Services, rendered to and approved by the OWNER
through its Manager or his designee; however, under no circumstances shall any monthly
statement for services exceed the value of the work performed at the tirne a statement is
rendered.
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Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the Manager or his designee, or which is not
submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is speciiically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
ma�rnum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Services," without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges. Payments for additional services shall be due and payable upon submission by
the CONSULTANT, and shall be in accordance with Earhibit "B" attached hereto.
Statements shall not be submitted more frequently than monthly.
D. PAYMENT: If the OWNER fails to make payrnents due to the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of
the Texas Government Code shall be paid on the amounts due the CONSiTLTANT. In
addition, the CONSULTANT may, if it has not received payment by the thirty-first (315t)
day after receipt of payment invoice, after giving ten (10) days' written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid
in full all amounts due for services, expenses, and charges. Provided, however, nothing
herein shall require the OWNER to pay prompt payment act interest if the OWNER has a
bona-fide dispute with the CONSLTLTANT concerning the payment or if the OWNER
reasonably detertnines that the work is unsatisfactory, in accordance with this Article V,
"Compensation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSIJLTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSIJI,TANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
Page 3 of 11
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER's use of these documents 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 this
Agreement in another project or for other purposes than specified herein, CONSiTLTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSiJLTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNiTY AGREEMENT
The CONSULTANT shall indemnify, and shall save and hold harmless the OWNER and
its officers, officials, 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's 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 CONSLTLTANT or its officers, shareholders, agents, or employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this 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 this
Agreement, including the defense of governmental unmunity, which defenses are hereby
expressly reserved.
ARTICLE X
1NSURf1NCE
During the performance of the services under this Agreement, CONSULTANT shall at
all times maintain the following insurance coverage with an insurance company licensed to do
business in the State of Texas by the State Insurance Board or any successor agency, that has a
rating with Best Rate Carriers of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage lirnits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
Page 4 of 11
B. 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.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or insurance policies evidencing
the above coverage to OWNER's Purchasing Department immediately upon the
execution of this Agreement by the parties. The insurance policies shall name the
OWNER as an additional insured on all such policies, only however to the extent that is
legally possible, and shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to OWNER and CONSLTLTANT.
In such event, the CONSLTLTANT shall, prior to the effective date of the change or
cancellation, serve substitute policies to OWNER's Purchasing Department that furnish
the same coverage.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation. No mediation arising out of or relating to this Agreement may proceed
without the agreement of both parties to submit the dispute to mediation. The location for the
mediation shall be the City of Denton, Denton County, Texas unless a different location is
agreed to by the parties.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such terinination
will be affected unless the other party is given (1) written notice (delivered by certified
rnail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar, days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill far services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSLTLTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
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termination, in accordance with Article V. "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of tetmination, but may maintain copies
of such documents for its use.
ARTICLE XIII
RESPONSIBII.,ITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSIJLTANT, 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 CONSULTANT, its
employees, subcontractors, agents, and consultants. CONSULTANT retains design
responsibility and liability at all times during this Agreement and after completion of this
Agreement.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, by certified mail, return receipt requested, unless
otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days'
mailing:
To CONSULTANT:
Michael Baker, Jr., Inc.
Jerry Clark, P.E., CFM
Project Manager
101 South Locust Street, Suite 300
Denton, Texas 76201
Phone: (940) 783-4146
�C.T�]�iU►1�l:�
City of Denton, Texas
George C. Campbell, City Manager
215 East McKinney
Denton, Texas 76201
Fax: (940) 349-8596
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing. The parties may stipulate and agree by a separate
writing that electronic mail may be utilized for notices.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting" of eleven (11) pages and the two (2) E�ibits hereto,
constitutes the complete and iinal expression of the agreement of the parties, and is intended as a
complete and exclusive statement of the terms of their agreements, and supersedes all prior
Page 6 of 11
contemporaneous offers, promises, representations, negotiations, discussions, communications,
and agreements which may have been made in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any pxovision of this 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
this Agreement and sha11 not cause the rernainder to be invalid ar unenforceable. In such event,
the parties shall reform this 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.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSLJLTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, nor have any contractual relations with
the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under State and local laws to perform such services.
C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees
and/or its sub-consultants shall be required to submit to background checks.
ARTICLE XX
ASSIGNABII,ITY
Page 7 of 11
The CONSULTANT shall not assign any of its scope of work under in this Agreement,
and shall not transfer any of its scope of work under this Agreement (whether by assigrunent,
novation, or otherwise) without the prior written consent of the OWNER. Should the
CONSLTLTANT assign any part of the monies due under this Agreement, CONSULTANT is
required to provide written notice of the same to OWNER. Any assignment of monies due under
this Agreement shall not change any of the terms or conditions of this Agreemen� to include but
not limited to the terms and conditions for payment under this Agreement.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The following e�ibits are attached to and made a part of this Agreement:
Exhibit "A" — Scope for Engineering Design Related Services for Hickory Street Re-
Design
E�ibit "B" - Fee Proposal
B. CONSLTLTANT agrees that OWNER shall, until the expiration of five (5) years after the
iinal payment or after final completion of all work required under this Agreement,
whichever is longer, have access to and the right to examine any directly pertinent books,
documents, papers, correspondence, to include e-mails, and records of the
CONSULTANT involving transactions relating to this Agreement. CONSULTANT is
required to maintain and make available all electronic records associated with this
Agreement for purposes of examination. CONSULTANT agrees that OWNER shall
have access during normal working hours to all necessary CONSiJLTANT facilities and
shall be provided adequate and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSLTLTANT reasonable advance
notice of intended audits. This paragraph shall work in conjunction with the Audit
provisions set forth in Article XXIII hereinbelow.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas.
Page 8 of 11
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Jerry Clark, P.E., CFM, Project Manager ("Clark"). This Agreement
has been entered into with the understanding that Clark shall serve as the
CONSULTANT'S Project Manager. However, nothing herein shall limit
CONSULTANT from using other qualified and competent members of its ium to
perform the services required herein. CONSULTANT understands that OWNER is to be
informed of the removal or loss of any of the key persons working under this Agreement.
CONSLTLTANT also agrees to provide the OWNER with notice of the name(s) of who it
intends to replace the key person. OWNER shall have a right to reject any replacement
key person(s) and CONSLTLTANT agrees to name a replacement key person(s)
acceptable to the OWNER.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSiJLTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
G. The captions of this Agreement are far informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
H. CONSULTANT shall not disclaim liability for any defects in design of the Project that
are proxirnately caused by CONSULTANT' S services; but CONSLTLTANT may
disclaim and shall not be responsible for construction means, methods, techniques,
sequences or procedures of construction contractors, or the safety precautions and
programs incident thereto, and shall not be responsible for such construction contractors'
failure to perform work in accordance with their respective contract documents.
I. The OWNER agrees to limit CONSLTLTANT's liability to the OWNER and to any and
all other contractors or subcontractors retained by CONSLTLTANT on the Project for any
and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any
way related to the Project or this Agreement from any cause or causes including but not
limited to CONSULTANT's negligent acts, errors, omissions, strict liability, breach of
contract, or breach of warranty, such that the total aggregate of liability of
CONSULTANT to OWNER shall not exceed $335,771, the total fee for
CONSULTANT's services rendered in the Project.
J. In no event shall either CONSULTANT or the OWNER have any claim or right against
the other, whether in contract, warranty, tort (including negligence), strict liability or
otherwise, for any special, indirect, incidental, or consequential damages or any kind or
nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue,
Page 9 of 11
loss of customers or contracts, loss of use of equipment or loss of data, work interruption,
increased cost of work or cost of any financing, howsoever caused, even if same were
reasonably foreseeable.
K. In no event shall either CONSLTLTANT ar the OWNER have any claim or right against
the other for any failure of performance where such failure of performance is caused by
or is the result of causes beyond the reasonable control of either party due to any
occurrence commonly known as a"force majeure," including, but not limited to: acts of
God; fre, flood, or other natural catastrophe; acts of any governmental body; labor
dispute or shortage; national emergency; insurrection; riot; or war.
ARTICLE XXIII
RIGHTS TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this Agreement. The CONSULTANT shall retain such books,
records, documents and other evidence pertaining to this Agreement during the contract period
and iive (5) years thereafter, except if an audit is in progress or audit findings are yet unresolved,
in which case records shall be kept until all audit tasks are completed and resolved. These
boolcs, records, documents and other evidence shall be available, within ten (10) business days of
written request. Further, the CONSULTANT shall also require all Subcontractors, material
suppliers, and other payees to retain all books, records, documents and other evidence pertaining
to this agreement, and to allow the OWNER similar access to those documents. All books and
records will be made available within a fifty (50) mile radius of the City of Denton. The cost of
the audit will be borne by the OWNER unless the audit reveals an overpayment by OWNER of
2% or greater. If an overpayment of 2% or greater occurs, the reasonable cost of the audit,
including any travel costs, must be borne by the CONSULTANT which must be payable within
ten (10) business days of receipt of an invoice.
Each of the terms "books," "records," "documents" and "other evidence," as used above,
shall be construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreernent to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the � day of � ,
2012.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Co oratio
,
By: � ��
EORGE C. CAMPBELL
City Manager
Page 10 of 11
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
By: ,�..
APP VED A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�,
By:
ATTEST:
:
"CONSULTANT"
,��.��. c�h-���.�U�, P��.
MICIIAEL BAKER, JR., INC.
Y�
Its � �/+ c� 1�►2�s � � T—
Page 11 of 11
„ Nfichael Baker Jr., Inc
` ' 101 S Locust Street
� Suite 300
Denton, TX 76201
ATT�4�HMEiVT "�►”
Scope for Enqineerinq Design Related Services for Hickorv Street Re-desiqn
The scope set forth herein defines the work to be performed by IVlichaei Baker Jr. (BAKER) to
complete the PROJECT. BatFr the CITY and BAKER have attempted to clearly define the work
tfl be performed and address the needs of the Project. Under this scope, "BAKER° is
expanded to include any sub-cansultant employed or contracted by BAKER.
OBJECTIVE
The PROJECT is separated into three segments, which are described below.
Seqment A— Locust Street (US 771 to Bell Avenue
Baker will provide design of a!I paving, drainage (including roof drains from existing and f.uture
buildings), streetscape, parking, solid waste receptacie lacatiflns and street/pedestrian lighting
for segment A. �
Seqment B— Bell Avenue to Railraad Avenue
Segment B is expected to be partial(y constructed this summer (2012) accarding ta plans
created by Jacobs Engineering, "Hickory Street Enhancement", January 2012. The Jacobs
plans include the design of streetscape/sidewalk improvements including curbs, inlets,
pedestrian/street lighting, landscapin.g including irrigation and storm pipe stubouts to a future
stormwater callection system. These plans also provide for the design of a new conduit
system for traffic wiring including adding new pedestrian heads at the intersection. The street
will be patched with asphalf to provide service until the remainder of the project is constructed,
Baker will design the pavement section between the curbs (concrete pavement as the base
bid) including doweling inta the curbs that will have been constructed. Baker wiil design the
medians that are needed to prevent U-turns when the gates are down {as part of Segments B
and C) where Hickory crosses the railroad right of way. Baker will also design the storm sewer
nuttali that will came from Segment A, collect wa#er from the inlets constructed in the Jacobs
plans in Segment B, and tie to an existing 54" pipe on the west side of the railroad right �f way
(Union Facific Railroad). 8aker will coordinate with the City on the redesign and access
consolidation and/or relocation of the City Hall East Parking Lat as it connects to Hickory St.
Seament C— Railroad Grossinp "No Foul �ones"
Baker will design the work inside the no foul zones, including the crossing plans required for
vehicular and pedestrian crossings of the two sets of railroad tracks. The Jacobs P1ans may
be used for the sidewalk/streetscape improvements within in this zone. Baker will prepare aU
necessary railroad permit applicafions and documents for the permit submittafs. Baker will
respond ta comments and questions from the railroad. The design cost estimate includes
Baker's besfi estimat� at the effort and associated hours fo address the railroad's comments
and questions, such that required permit(s), design plans, and associated documenfis are
su�ciently adequate for construction purposes. Permit application will be submitted by the
Ciiy. Labor costs incurred beyond our initial estimate will be billed at hourly rates.
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
Task 7.
i'ask 8.
Task 9.
Task 10.
Task 11.
Task 12.
Task � 3.
WC9RK TO BE PERFORtit[ED
Conceptuai Design (Segments A, B, and G}
50% Design (Segrnents A, B, and C)
100% Design (Segments A, B, and C)
Final Design / RFC Plans (Segments A, B, and C)
Bid Phase and Construction Phase Services
Electrical Design (Street Lighting)
Survey and Subsurface Utility Engineering Services
Streetscape and Landscape Design
Soil Testing
Railroad Coordinatian and Perrnits
Coardination with Adjacent Business and Property Owners
Parking tot Acces� Consolidation
TDLR Coordination
TASK 1. Gonceptual Design
• Prepare Conceptual Design ofi the basic horizontal layout and parking, landscaping, and
hardscape locations features. CCA will provide conceptual layaut of the landscaping and
hardscape features as part of Task 7.
• Provide Conceptual Design and an "�pinion of Probable Construction Cost" for a 1) 25-
year and 2) 100-year storm water collection system. The event years and design will be
coardinated with the upcoming Downtown Drainage Masterplan project.
• Submi� roll plots of the Conceptual Design to the CITY for their review. The Gonceptuaf
Design submittal will consist of three (3) hardcopy roll plots delivered to the CITY; Baker
will also send the CITY a pdf of the Conceptual Design.
e Attend a review meeting with the CITY Project Manager (CITY PM) and others as invited by
the CITY PM.
• Revise the Conceptual Design per CITY PM review comments.
• Present (or assist the�C[TY PM in presenting) the Conceptual Design at the foliowing:
o Development Review Committee (DRC) meeting
o Downtovun Task Force meeting
o Mobility. Com.mittee meeting
o City Council work session
Page Z of 9
At this point the CITY PM will need to provide direction to Baker regarding changes (i.f any)
based on input from the groups listed above that will,be incorpor�ted into the 50°la Design.
TAS1� 2. 50% Design
+ Prepare 50% Design for the pian sheets listed in Tabie 1.
• Prepare and submit an "Opinion of Probable Consfruction Cost" based on the 50% Design.
• Submit the 50% Design plan sheets for GITY review. The 50% Design submittal will
consist of ten (10) sets of 11 x17 hardcopies delivered to #he CITY; Baker wili also send the
CITY a pdfi �f the 50% Design plan sheets.
• Attend a 50% Design re�iew meefing with the CITY PM and others as invited by the CITY PM.
TABLE 'I — Plan Sheets and Other pocuments
Esiimated Desi n Phase
Sheet Title / Item Sh ets Concept 50% ���% RFC Gomments
( )
Roli Plots X
Cover Sheet and Index 2 X X X
General Notes 1 X X
_
T ical Sections 9 X X X
Quantifies 1 : ' : _ _" X X
Traffic Control and De#our Plan 12 X X
Horizontal and Vertical Control 1 X X X
Roadwa Plan and Profile 3 X X X
Demolition/Removal Plan 3 X X X
Eros.ion Control Notes and Details 1 X X
Erosion Cantrol Plan 3 X X
Si nal La out 4 X X X
Si nin and Pavement Markin s . 3 X X X
Lighting and Conduit, i nciuding 3 '- X X X
Photometrics
Gross Sections 6 X X X
Draina e Area M a 2 : X X X
Drainage Plan and Profile 4 K X X Coordinatewith
other Stud
Utififiy and SUE Plan X X X Refer to
separate scope
Landscaping, Streetscaping, and Refer to
Irri aticmm Pfans X x � se arate sco e
Railroad Exhibits 2 - X X X
Parkin Lot 4 X X X
Deiails from Cit Standards --- � = X X As needed
Specifications / Misc. Documents __ X X
(document, not lan sheets)
TOTAL 54
Page 3 of 9
TASK 3. 10U% Design
• Prepare � 00% Design for the plan sheets and specifications/r�iiscellaneous documents
listed in Table 1.
• Prepare and submit an "Opinion of Probable Construction Cost" based on the 1 a0%
Design.
• Subm�t the 100% Design plan sheets and specifications/miscellaneous documents for GITY
review. The 100% Design submittaf will consist of ten (10) sets of 11x17 hardcopies
delivered ta fhe CITY; Baker will also send the CITY a pdf of #he 100°/o Design pian sheets
and specificationslmiscelianeous documents.
+ Attend a 1 QO% Design review meeting with the C1TY PM and others as invited by the CITY
PM.
TAS1� 4. Finaf Design / Release for Consiruction (RFC) Plans
• Prepare Final Design / RFC plans for the plan sheets listed in Table 1.
• Prepare and submit an "�pinion of Probable Construction Cost" based on the 100%
Design.
* Submit the Final Design / RFC plans to the CITY. The Final Design ! RFC submittal will
consisi of three (3j sets of 11 x17 hardcopies delivered" ta the CITY; Baker will also send the
CITY a pdf of the Final Design / RFC plans.
TASK 5. Bid Phase and Constructian Phase Services
• Bid Phase — Assist the CITY in preparing Sid Qocuments for the Project �nd support the
CITY during the Bid Process.
• Construction Phase — Att�nd the Pre-construction Meeting and answer "requests fior
information" (RFI) from the contractar as necessary,
• Review of Shop Drawings provided by the City of Dent�n from project contractor based on
the Ba4�er design or City of Denton datails and specifications for the Hickory Street
Improvements.
• Gonstruction Support including 2 hours per month for up to 8 months. This includes project
meetings on site each month and project site visits to discuss specific construction issues..
Thi� task includes Baker's best estirnate of the effort and associated �iours: Labor costs
incurred beyond Baker's initial estimate wfll be billed at hourly rafes.
Page 4 ofi 9
TASK 6. Electrical Design (Street Lighting)
• Prepare streetscape illumination p1an5 in accordance with ap�ropriate lighting design
criteria outlined in the AA5HT0 handboak for Roadway Lighfiing Design GUide 2005; and
the iESNA Publication RP-8, Reaffirmed 2�05 for the insta(lation of highway lighting_ The
illumination plans will also conf�rm to design criteria established by the CfTY and
applicable refated authorities.
• Utilize CITY standard illumination fixtures, poles and lighting design criteria in the
streetscape illuminationlelectrical design.
• Coordinate new light�ng syst�m requirements with the general streetseape project design
and any applicable CITY design criteria, or material requirements, and comp(y with any
existing energy and maintenance agreement requirements.
• Coordinate with the local power company �n service drop locations and electrical service
loads.
• Prepare and submit a conceptual fighting design layout of the waikways and streets,
including photametric design calculat�ons. This will be submitted to the CITY for their
review and comment as part of the Gonceptual Design.
• Upon CITY acceptance of the Preliminary Illumination Qesign, prepare Final Illumina#ion
Plans, which wili include final pole locations, conduit routing, number and size of
conductors, power sources, and miscellanaous details. Final plans will also include
tabulation af construction pay items, computations of quantities, preparation afi any speciaf
provisians, construction cost estimates and all required CADD drafting, in accordance with
the project format. Voltage drop calculations shall be submitted in support of the
illumination electrical circuitry design_
TASK 7. Survey and Subsurface Utility Engineering 5ervices
Refer to attached scope from Gorrondona & Associates, Inc. - 2 Documents
• Coordinate with the City PM to provide the necessary plan sheet and/or documents to
franchise utility owners to facilitate utility relacations. The 50% Design and 100% Design
plans will be provided ta the franchise utility owners by Baker. Provide the City PM with all
comments received firom the firanchis� utility owners with recommendations for resolutian.
Upon approval by the City PM, revise design plans listed in Table 9 accordingly and
resubmit to the applicable franchise utility owners for review and commant. Continue this
procedure until all issues by the franchise utility owners have been resolved in writing.
• Provide staked control poinfs and documents according to construction sfaking proposal
from Gorrondona and Associates.
The Survey and SUE fee estimate �ncludes Baker's and Gorrondona's besf estimate at the
etfort and associated hours io address the franchise ufility owner's comments and questions.
Labor costs irrcurced beyond aur initial estimate will be billed a� hourly rates.
Page 5 of 9
TASK 8. Streetscape and Landscape Design
Refer to the attached scape from Caye Gook & Associafies (CCA).
Page 6 of 9
TASK 9. So'rl Tesfing and Pavement Design
Refer to the attached scope from Hooper Group Consultants.
* Prepare tw� (2} pavement designs — one flexible and one rigid option — based an the
results of the soil testing. "
TASK 10. Railroad Coordination and Permits
• Prepare alf railroad permit applications and documents required by UPRR. and the City to
reconstruct in the two "no fioul zane" areas.
� Respon�d to comments and questions from the railroad regarding the permit application and
documents. �
If is difficult ta estimate the effort required when dealing with UPRR, so this task includes
Baker's best estimate of the effort and associated hours. Labor cosfs incurred beyond
Baker's inifial estimate LVill be billed at hourly rates.
TASK 11. C'aordination with Adjacent Business and Propsrfy C7wners
• Baker will set up and attend �two (2) meetings with adjacent business and property owners
to discuss and receive input on th� design and construction phasing, The CITY will provide
CITY stationaryiletterhead and envelopes for the meeting ann�uncements. Baker will
develop the meefiing announcements and mail them to the property owners and/or tenants
on Hickory Street between Locust Street and Railroad Ave. The anticipated timeframe for
these meetings is listed below. These meetings will occur at a C1TY office,
o First meeting wiii be held after the Conceptual Design is completed
o Second meeting will be held near the end of the 100% �esign phase.
TASK 12. Parking Lot Access Consolidation
+ Prepare two Conceptual Design options, including a comparisnn analysis, for reducing the
number of access points to the. parking lots adjacent to Hickory Street and/or Mulberry
Street between Austin Street and Industrial Street.
+ Prepare "Opinion of Probable Canstructian Cost" far the two Conceptual Design options
• Prepare 50% and 100% Design plans for the one (�) option selected by the CITY frorn the
Conceptual Design phase.
Page 7 of 9
TASK �73. T�xas Department of Licensing and Regulation (TDLR) Coordinatiop
Baker will subrnit and acquire approval frQm TDLR. Baker wili redesign per any camments
provided by T�LR.
Additional Clarification on Scope Items
Baker will consider and/or incorporate the items listed befow into the design:
General .
• Accommodate bicycles on Hick�ry Street as stated in the ClTY Bicycle Plan.
• Provide Conceptual Design for angled and parallef parking on Hickory Street,
• Utilize cross sections deveioped by Freese and Niehols as part of the Denton DT1P TrafFic
Study in February 2011; the cross section may be adjusted to accommodate other fieatures.
e Base design is concrete pav.ement, with asphalt as a secondary alternative.
• Accommodate items and features in the following plans and reports (where possible):
o Downtown Implernentation Plan
o Bicycle Plan
o Wayfinding Sign study
o Denton Gounty Transit Authority bus roufing and stops
o Texas Arch�tectural Standards that conforrrr to ADA requirements
• Roadway design wilf generally terminate at the end of the side street curb return where
possible.
• Develop a constructian phasing and traffic contro! plan that minimizes disruptions and
maintains access as much as possible to adjacent properties and businesses.
• Design pedestrian area to allow CfTY to develop and insta�l a"Walk of Fame" (2 x 2
squares} afi a later date.
• Incorporate trash receptacles recently purchased by the C(TY Parks Department into the
Design: �
� Greate space for one art installation in Segment A and one in 5egment B; the CITY wilf
handle the design and p(acement of the art piece at a later date.
• Additional graphics, hardcopy prints, or similar are not included, and will be billed at cost.
Seqment A '
• The Conceptual Design will consi�er a mix of the foilowing parking options: 1) parallel, 2)
head-in angled, and 3) back-in angled.
• Increase the westbound right-turn radius at Hickory Street f Locust Street.
• Design af stceet and pedestrian lighting fixtures, conduits, and service to landscaping will
be coordinated with aenton 11/�unicipal Electric.
• Signal modifications at Locust Street and Bell Av�nue will be coordinated with the Traffic
Control division.
Page S of 9
Seqment B
* The Jacobs construction plans firom January 2012 cover the design elements and features
between the right-of-way iine and face of curb on each side. The Baker construction plans
wilf only cov�r elernents and fieatures from the face of curb ta face of curb; this includes the
roadway section adjacent to the Dent�n Transit Center.
• Pavement thickness for Segment B will be 10" of concrete, with concrete equivalen# asphalt
design as a secondary alternative.
• This design will not cavered necessary changes to Jacobs plans firom January 2012 as a
result of the redesign of the City Hall East parking lot adjacent to Hickory Street.
Segment C
• Caordination vvith the railroad will include the area between the two no foul zanes.
Exclusions
8 Majority of exclusians have already been lis#ed in the scope items above; however, Baker
reserves the right to further darify or add to the exclusions list as the developrnent and of
the scope and cost esfiimate progresses.
Page 9 of 9
Attachment B - Fee Proposal
5ummary of Man•hours hp Glaasifi�fron $� MajO� 7aak Analysis
Mich�el BakerJr., lnc.
Ilickqrp 3t- Lacnet $G tn RaiCroad Ave
Mlchaei Baker Jr., Ine
1 Ui S Locusf Street
su�ke aaa
€}entan, TX 76201
I'ugc I vC3 8/!l2012
Sumrnary ol� Man•htnits Uy Cl9ssification &, MajorT:�sl� x�lysis
R�TlC1t8.Bi BaFCeF.,I�. irFi C.
iEickary St- Lncnst Sk to CLtilruad A,ce
Pn�u 20l'3
6r"7a'20 [ 2
� , Sumnmry af h9a�.hnu�s by tlasa7flr.Ation & MayorT�sk analysis �
hTrshael BakerJr., Jnc.
liiclwey St- 3iqCUSk St ta �ailrpad Avc
/o af Conet
Cp�( Cnst
"Opinlcn ol ProbaWe CmnsVupiqn CosY 5Z6q3,G00 -�-
o��stgn 518A,957 B.d9,
SUeelscaping &4,730 2.4�6
Raiuoad Design �n4 Permit $75,87q p,�kF
S�r�eyandSU� 35�i,636 2.1`}G
Geotech 58,923� �,4(
Parking Lof 6A1,705 O.d°r6
Meepng's (non-�slgnrcla�acpy S6,B&f q.d9�
TOTAL 5335,7T7 12.7%
PnZc 3 of3
Lah,nr �72,55d
Overhead(162,85Y) 5198,317
Sunlatal 5190,971.
Prolit (12A°�3 522.917
Lebar 1'atal 52 t3,8e8:
Dlrecl�apense5 $�21$gg�.
4verall.Tr,�al E335,7'�1
Tota1 Sheefs �Q
Tnlal Hc�rs {6Fi9;, 1I1P�, Fln�al) 12"/2
Mutus per Pian Shpet 21
fi/7/i01?
CONFL,ICT UF INTEREST QUESTIONNAIRE FORNf C�Q
For vendor or othei- erson doin business wiflt IocaI overnme�ttal entit
This qiiesfionnaire reficcts clzanges made ta the law by �T.B. 1491, 80th Leg., Regulat� Sessian. OFFiCE USE ONLY
This questionnaire is being filed in accardanee with chapter l76 of the Local Govern�nent Code by a person DateRcceived
��vho has a business relationship as deiined by Section 175,001(1-a) �vith a local governmentai eutity and the
pea•son meets reQuireznen�s under Section 176.006{a}. �
By Iaw this questiannaire rntist be filed tvith the records adminish�ator of the 1oca1 goverlunent entity not later
than the '7th business day a#ier the date the person becomes a�va�•e of facts tliat requu•e the staxement to be filed.
See 5ection 1'16.006, I�acal Government Code. .
A person comm#ts an offense if the person knawingly �iolates Section I76.006, Local Govermnent Code_ An
offense under tl�is section is a Class C misdemeanor.
1 lTame of person ��•ho Las a Ut�siness rclationship �viNt toc�l gof�er�ime�tfal entit��. .
�
N� _ .
❑ C}ICCIL fIIFS bOX I�you are fiiing an u�date to a previously filed questionnAire.
(Tlie law requires tl�nt you fi�e an updated completed c�e�estiormaire �s2fli t[ie appropriafe fiGng a��thority not later than the 7�' btisiness day after tEie
date the originaity fiied questior�naire becomes incon�p(eie or inaccuraie.�
3�Tame of ]oeal gave►nEnent of�"icer with whom filer has an employatent or business rel�t[onsliip.
N<une of Officer
This secEion, (item 3 including subparFs A, �, C& D}, must be completed for each of�icer with whom the filer has an,empfoyment or oiher 6usiness
felationship as defined by Section 176.001(3-a}, Local Government Code. Aitach additlonal pages fo fhis Form CIQ as necessary.
A, Es !he focaf governmenf officer named in Ehis section receiving or fikely to receive taxabfe income, oiher fhan investmenf fncome, from fhe
Cler of the quesiionnaire?
0 Yes � No
B. ls ihe filer oF ihe quesEfonnaire receiving or fikely fo receive taxable income, oiher fhan investmenf {ncome, #rom or at fhe direction of the
locaE governmenf officer named in thls section AND ihe taxable income is not received from the lacal governmental entiiy?
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serves as art oifcer or director, or holds an ownership o# i 0 percenf or more? _
� Yes � No �
D. I]escribe each affiliaiion or business reiationship.
4 '
� '�►�,� ` Z
S' naiure of person doing business �trith fite governmental entity � Dafe �