2013-108ORDINANCE NO. 2� 13-10g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFES SIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS FOR ENGINEERING
SERVICES ASSOCIATED WITH THE AVENUE A, EAGLE DRIVE, CONGRESS AND
AMARILLO WASTEWATER COLLECTION SYSTEM IMPROVEMENTS PROJECT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTNE
DATE (FILE 5237-IN THE AMOUNT OF $158,560).
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, THEREEORE,
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 Perkins, to provide professional engineering services for the Avenue
A, Eagle Drive, Congress and Amarillo Wastewater Collection System Improvements project, 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 File 5237 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 immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of '/�/ , 2413.
--.
�
MARK A. U GHS, �YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD- e 5237
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
_�HIS AGREEMENT is made and entered into as of the �� day of
�'/ , 2013, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 1517 Centre Place Drive, Suite 320, Denton , Texas 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 Engineering Services for the Avenue A, Eagle Drive, Congress and
Amarillo Wastewater Collection System Improvements Project
(includes Attachments A and B)
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the Fixed Fee compensation shall be $ 112,160.
2.1.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been
completed.
2.2 SPECIAL SERVICES
2.2.1 Compensation for Special Services shall be $44,000.
2.2.2 Progress payments for Special Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been
completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services shall be based on negotiated fees for each
item of service provided, as mutually agreed to by the ENGINEER and CITY.
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a
multiple of 1.10 times the ainoLUits billed to the Design Professional for such
additional services.
2.4 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.00 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of $ 2,400 without the prior written approval of the Owner.
2.5 TOTAL CONTRACT AMOLTNT $158,560
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Attachments A through _B_
This Agreement is signed by the parties hereto effective as of the date first above written.
CIT'Y OF DENTON
' _�� � �
• ► �'1'.i(��: 1/I' :
CITY MANAGER
ATTEST:
JE IFER WALTERS TY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA B E, IT TT RNEY
BY:
Teague Nall and Perkins, Inc.
BY:
Gary L. V' kery, P.E.
Princip
WITNESS:
�
BY:
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CITY OF DENTON
GENERAI. CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILTl'IES
11 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "AgreemenP')
and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer
(hereina8er called the `Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2
and 3 ofthese General Conditions as modified by the Ageement and Proposal (the "Services").
1.2 The Design Professiona] will perform all Services as an independent contractor to the prevailing professional standards
consistent with the level of care and sldll ordinarily exercised by members of the same profession cusenfly practicing in the same
locality under similar conditions, including reasonable, informed judgments and prompt timely acrions (the "Degree of Care").
The Services shall be performed as expeditiously as is consistent with the Degree of Caze necessary for the orderly progress of
the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's appmval a schedule for the
performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time
required for the Owner's review and for approval of submissions by authorities havingjurisdicrion over the Project. Time limits
established by this schedule and approved by the Owner shall no� 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 DETIN�D The Design Professional's Basic Services consist of those described in Sections 2.2
through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical
engineering services and any other engineering services necessary to produce a complete and accurate set of Conshuction
Documents, as described by and required in Section 2.4. Tlie Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE (See attachments for detailed scope informaHon)
2.2.1 Tiie Design Professional, in consulta6on with fhe Owner, shall develop a written program for the Project to ascertain
Owner's needs and to establish the requirements for the Project.
2.2.2 The Design Professional s6a11 provide a preliminary evaluation of the Owner's program, consiruction schedule and
construction budget requirements, each in terms of the other, subject to the limitarions set forth in Subsecrion 5.2.1.
2.2.3 The Design Professional shall review with the Owner altemative approaches to design and conslruction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and conshuction budget requirements, the Design Professional shall
prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other docutnents illush�ating the
scale and relationship of Project components. Tlie Schematic Design shal] contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliinivary detailed estnnate of Construction Cost based on cuaent
area, volume or other unit costs and w�ich indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for d�e period of time frnm the commencement to the complefion of conshucrion.
2.3 DESIGN DEVELOPMENT PAASE (N/A)
2.31 Based on the approved Schematic Design Documents and any adjustments authorized Uy the Owner in the program, sche-
dule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structw�al,
mechanical and electrical systems, materials and such other elements as may Ue appropriate, wl�ich shall comply with all
applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design
Professional wanants that the Documents and specifications will be sufficient and adequate to fulfill the ptuposes of tl�e Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the prelimivary estimate of Conshucrion Cost in a
fw1her Detailed Statement as described in Secrion 2.2.5.
2.4 CONSTRUCI'ION DOCUMENTS PHASE (See attachments for detailed scope information)
2.41 Based on the approved Design Development Documents and any fiuther adjustments in the scope or quaGty of the Project
or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner,
Consiruction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regttlations.
2.4.2 The Design Professional shall assist the Owner in the preparafion of the necessary bidding or procurement information,
bidding or procurement forms, the Conditions of the contract, and the foan of Agreement between the Owner and contractor.
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2A.3 The Design Professional shall advise the Owner of any adjushnents to previous preliminary estimates of Construcrion Cost
indicated by changes in requirements or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for Sling documents required
for the approval of governmental authorities havingjurisdiction over the Project.
2.5 CONSTRUCl'ION CONTRACT PROCUREMENT (See attachments for detailed scope information)
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary
detailed estimate of Construction Cost, shall assist the Owner in procuring a construcrion contract for the Project through any
procwement method that is legally applicable to the Project including without limitation, the compeHtive sealed Uidding process.
Although the Owner will consider the advice of the Design Professional, the awazd of the construction contract is in the sole
discrerion of the Owner.
2.5.2 If the conshuction contract amount for the Project exceeds the total conshuction cost of the Project as set forth in the
approved ➢etailed Statement of Probable Conshuction Costs of the Project submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise We Construction Documents as may be required by the Owner to
reduce or modify the quantity or quality of the work so that the total conshuc6on cost of the Project will not exceed the total
conshuction wst set forth in the approved Detailed Statement of Probable Conshuction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT (See attac6ments for
detailed acope informaHon)
2,61 The Design ProfessionaPs responsibility to provide Basic Services for the Construction Phase under tlus Agreement
commences with the award of the Contract for Construction and teiminates at the issuance to the Owner of the final Certificate
for Payment, unless extended under the terms of S�bsection 83.2.
2.6.2 The Design Professional shall provide detailed administra6on of the Conhact for Construction as set forth below. For
desi� professionals the adminislration shall also be in acwrdance with AIA document A201, General Conditions of the Con-
tract for Constntction, current as of the date of the A�eement, unless otherwise provided in the Ag�ement. For engineers the
administration shall also be in accordance with the Standard Specifications for Public Works Conshuction by the North Centtal
Texas Council of Govemments, current as of the date of the Agreement, unless othenvise provided in the Agreement.
2.6.3 ConshucHon Phase duries, responsibilities and limitations of authority of the Design Professional shal( not be restricted,
modified or extended without written agreement of the Owner and Design Professio�al.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with tlie Owner (I) during wnshuc6on,
and (2) at the Owner's direction from fime to time during the conecfion, or warranty period described in the Contract for Con-
stmction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the
Ageement and fl�ese General Conditions, unless othetwise modified by written inshumcnt.
2.6.5 The Design Professional shall inspect the conshuction site at least two times a week, regardless of whether conshuction is
in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being
performed in a manner indicatrng that the work when completed will be in accordance with the Contract Documents. Design
Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observarions the
Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Caze
and diligence in discovering and prompUy reporting to the Owner any defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Caze in performing all Services under the
Agreement. The Desigi Professional shall promptly correct any defecrive designs or specifications fumished by the Design
Professiona] at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design
Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owne�'s
rights hereunder.
2.6.6 The Design Professional shall not have control over or cl�arge of and shall not be responsible for conslzuction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connecdon with the work. The Design
Professional shall not be responsible for Uie Conhacto�s schedules or failure to carry out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's neg6gent acts or omissions. The
Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of the work.
2.6.7 The Desi� Pmfessional shall at all times have access to the work wherever it is in prepuration or progress.
2.6.8 Except as may othenvise be pirovided in the Contract Documents or when direct communicarions have been specially
authorized, the Owner and Contractor shall communicate tluough the Design Professional. Communications by and with the
Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on ihe Design Professional's observations at the site of the work and evaluarions of the Contracto�'s Applications for
Payment, the Design Professional shall review and ceitify the amounts due the Contractor.
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2.6.10 The Design Professional's certification for payment sUall constitute a representarion to the Owner, based on the Design
Professional 's observations at the site as provided in Subsecrion 2.6.5 and on the data comprising the Contractor's Applicarion
for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The foregoing representaHons are subject to minor deviations from the Contract Dowments correctable
prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for
Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed constnxction
means, methods, techniques, sequences or procedures, or (2) ascertained how or for what pwpose the Conhactor has used money
previously paid on account of the Contract Sum
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract
Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the
Contract Documents, the Design Professional will have aurhority to require addirional inspection or testing of the work in
accordance with the provisions of the Conhact Documents, whether or not such Work is fabricated, installed or completed.
However, neither tUis authority of the Design Professional nor a decision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the Design Professional to fhe Conhactor, Subcontractars, material and
equipment suppliers, their agents or employees or other persons performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as
Shop Drawings, Product Data and Samples for the puxpose of (1) detennining compliance with applicable laws, statutes,
ordinances and codes; and (2) determitting whether or not the work, when completed, will be in compliance with the
requirements of the Contract Documents. 17�e Design Professional shall act with such reasonable prompiness to cause no delay
in tl�e work or in the conshucfion of the Owner or of sepazate conhactots, while allowing sufficient time in the Design
Professional's professional judgment to pemrit adequate review, Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quanfi6es or for substantiating instruclions
for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The Design Professional's review shall not consdtute approval of
safety precautions or, unless otherwise specifically stated by the Design Professional, of conshuction means, methods,
techniques, sequences or procedures. The Design PmfessionaPs approval of a specific item shall not indicate approval of an
assembly ofwhich the item is a component. When professional certificadon ofperformance characteristics ofmaterials, systems
or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Conshuction Change Direcfives, with supporting
documentation and data if deemed necessary by the Design Professional as pmvided in Subsections 3.1.1 and 333, for the
Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not
involving an adjustment in the Contract Sum or an extension of the Conhact Time which are not inconsistent with the intent of
the Conhact Documents.
2.6.14 On behalf of �he Owner, the Design Professional shall conduct inspecrions to deteimine the dates of Substantial
Completion and Final Complerion, and if requested by the Owner shall issue Certificates of Substanfial and Final Completion.
The Design Professional will receive and review written guaiantees and related documents required by the Contract for
Construc6on to be assembled by the Conhactor and shall issue a final certificate for Payment upon compliance with the
requirements of ihe Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters conceming performance of the Owner
and Con�actor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The
Design ProfessionaPs response to such requests shall be made with reasonable promptness and within any time limits agreed
npon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable
from the Contract Docutnents and shall be in writing or in the form of drawings. When making such intecpreTations and inipal
decisions, the Design Professional shall endeavor to secure faithfu] performance by both Owner and Contractor, and shall not be
liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement
and in the absence ofnegligence.
2.617 The Desi� Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the execurion or progress of the work as provided in the Contract
Documents.
2.618 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Cue; (2) will
reimburse the Owner for all damages caused by the defective desi�s the Design Professional prepares; and (3) by
acknowledging payment by the Owner of any fees due, shall not be released from any rights the Ow¢er may have under the
Ageement or diminish any of the Design ProfessionaPs obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of repmducible prints showing all
significant changes to the Conshuction Documents during the Conshuction Phase. The reproducible prints will be based on
informadon provided to the Design Professional by others.
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ARTICLE 3 ADDTTIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 aze not included in Basic Services unless so idenqfied 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 SecNon 33 are required due to circumstances beyond the
Design Professional's control, the Design Professional shall norify the Owner in writing and shall not commence such additional
services unfil it receives written approval from the Owner to proceed. If the Owner indicates in writing tUat all or part of such
Contingent Additional Services are not reyuired, 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
reyuired due to the negligence or fault of Design Professional,
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more e7ctensive representation at the site than is described in Subseclion 2.6.5 is required, the Design Professioual shall
provide one or more Project Representatives to assist in carrying out such additional on-site responsibili6es.
3.2.2 Project Representarives shall be selected, employed and directed by the Design Professional, and the Design Professional
shall be compensated therefore as ageed by the Owner and Desigrt Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specificarions or other docutnents 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 enachnent or revision of codes, laws or regularions 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 lunited to, size, quality,
complexity, or the Owner's schedule, except far services required under Subsecrion 2.5.2.
3.3.3 Preparing Drawings, Specifications and other docutnentation and supporting data, and providing other services in connec-
tion with Change Orders and Conshuction Change Directivcs.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during conshucfion, and fumislvng
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 Conshuction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contracror or others in connecrion with
the work.
3.3.7 Providing services in connection with a public hearing, azbitrarion proceeding or legal proceeding except where the Design
Professional is pariy thereto.
3,3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, sepatate or sequential
bids ar providing seivices in connection with bidding or conshuction priar to the complerion of the Conshuction Documents
Phase.
3.3.9 Notwithstanding anything contained in the A�eement, Proposa] or these General Conditions to the contrary, all services
described in this .Siticle 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Profcssional sl�all bc perfomied 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 obligaHons under this Subsection
33.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.41 Providing financial feasibiliry or other special studies.
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3.4.2 Providing planiring surveys, site evaluations or comparative studies of prospecfive sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of govemmental authoriries or
others havingjurisdicrion over the Project.
3.4.4 Providing services relative to fuhue faciGties, systems and equipment
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or othe�• information fiunished by the Owner.
3.4.7 Providing coordinarion of construction perfoimed by separate contractors or by the Owner's own forces and coordination
of services required in connec6on with construction perFormed and equipment suppliedby the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of tnaterials or equipment, or valuations and detailed appraisals of e�cisting faciGties.
3.4.12 Providing assistance in the utilizarion of equipment or systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for opetarion and maintenance and consultation during operation.
3.4.13 Providing interior desi� and similaz services required for or in connection with the selecrion, procurement or installaGon
af furniture, 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 final Certificate for Payment
and expirapon of the Warranty period of the Conlract for Conshuction.
3.4.15 Providing services of consultants for other than architectural, civil, shuctural, mechanical and electrical engineering por-
tions ofthe Project provided as a part of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance wifli
generally accepted architectural pracrice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant
changes in the work made during construction based on marked-up prints, dcawings and other data fiunished by the Contractor to
the Design Professional.
3.4.18 Notrvithstanding anyfUing contained in the Agreement, Proposal or these General Condirions to the conuary, 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 Secvices under the Agreement with no
additional compensation above and beyond the compensarion 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 tlris Subsection
3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILTTIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's
objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, fleacibiliry,
expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1.
4.2 The Owner shall estabGsh 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 wsts.
4,3 If requested by the Design Professional, the Owner shall furnish evidence that financial amangements have been made to
fulfill the Owner's obligations imder this Ageement.
4.4 The Owner shall designate a representarive authorized to act on the Owner's behalf with respect to the Project. The Owner
or such authorizcd representafive shall render decisions in a timely manner pertaining to documents submitted by the Design
Professional in order to avoid unreasonable delay in the orderly and sequendal progress of the Design Professional's services.
4.5 Where applicable, the Owner shall fiunish surveys describing physical chazacteris6cs, legal lnnitations and uriGty locations
for thc site of fl�e Project, and a written legal description of the site. The surveys and legal informafion shall include, as ap-
plicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way,
restricrions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and
necessary data pertaining to existing buildings, other improvements and trees; and information conceming available udlity
services and lines, both public and private, above and below grade, including inverts and depths. All the informa6on on the
survey shall be referenced to a project benclunazk.
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4.6 Where applicable, the Owner shall fumish the services of geotechnical engineers when such services are requested by the
Design Profrssional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing
values, percolarion tests, evaluarions of hazardous materials, giround corrosion and resistivity tests, including necessary
operations for an6cipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall fumish the se�vices of other consultants when such services aze reasonably required by the scope of the
Project and are requested by the Design Professional and aze not retained by the Design Professional as part of its Basic Services
or Addirional Sen+ices.
4.7 When not a part of die Addirional Services, the Owner shall fumish struchual, mechanical, chemical, air and water pollution
tests, tests of hazardous materials, and other labomtory and environmental tests, inspec6ons and reports required by law or the
Contract Documents.
4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to verify the Contractor's Applica6ons for Payment or to ascertain
how or for what putposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at ihe
Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the abseuce
of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect
in the Project or nonconformance with the Contract Documents.
4.11 Desi� Professional shall propose language for certificates or certifications to be requested of the Design Professional or
Design Professional's consultauts 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.
ARTICZE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construcdon Cost shall be the total cost or estimated cost to the Owner of all elements of tlie Project desigtted or
specified by the Design Professional.
51.2 The Cons�uc6on Cost shall include the cost at current mazket rates of labor and materials fumished by the Owner and
equipment designed, specified, selected or specially provided for by the Design Pmfessional, plus a reasonable allowance for the
Contracroi's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at
the time of bidding and for changes in the work during construction.
51.3 Construction Cost does not include the compensation of the Desi� Professional and Design Professional's consultants, the
costs ofthe ]and, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBII,ITY FOR CONSTRUCTION COST
5.2.1 Evaluations of Ute Owner's Project budget, preliminary estimates of ConsintcHon Cost and detailed estimates of Conshuc-
tion Cost prepared by the Design Professional represent the Design ProfessionaPs best judgment as a design professional familiaz
with the conshuction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials or equipment, over the Contractots methods of detennining bid prices, or over competilive bidding or
market conditions. Accordingly, the Design Professional cannot and does not wamant or represent that bids or cost proposals
will not vary from the Owners Project budget or from any estimate of Conshuction Cost or evaluation prepared or agreed to by
the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the fumishing, proposal or
establislunent of a Project budget, unless such fixed limit has Ueen agreed upon in writing and signed by the parties thereto, If
such a fixed limit has been established, the Design Professional sl�all be permitted to include contingencies for design, bidding
and price escalation, to deteemine what materials, equipment, component systems and types of conshuction aze to be included in
the Conlract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
altemate bids to adjust the Constmc6on Cost to tl�e fixed limik Fixed limits, if any, shall be increased in the amount of an
increase in the Conlract Sum occurring after execution ofthe Contract for Conshuction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the ConslrucGon
Documenfs to the Owner, any Project budget or fixed limit of Consmtction Cost shall be adjusted to reflect changes in the
general level of prices in the constntcUon industry between the date of submission of the Conslruction Documents to the Owner
and the date on which proposals aze sought.
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ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
61 The Drawings, Specifications and other documents prepared by the Design Professional for tlus Project are instruments of
the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement.
The Desi� Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to
tliis Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Ageement 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 putposes in connection with
the Project is not to be conshved as publica6on in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate tl�e Agreement upon not less than tl�irty days written nodce should the Owner fail
substantially to perform in accordance with the teims of the Agreemeut through no fault of the Design Professional. Owner may
terminate tl�e Agreement or any phase thereof with or without cause upon thirty (30) days prior written nofice to the Design
Professional. All work and labor being performed under the Ageement shall cease immediately upon Design Professional's
receipt of such notice. Before the end of the thi[ty (30) day pedod, Design Professional shall invoice the Owner for all work it
satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anficipated profits. All plans, field
surveys, and other data related to the Project shall become property of the Owner upon terminafion of the Agreement and shall be
promptly delivered to ihe Owner in a reasonably organized form. Should Owner subsequently contract with a new Design
Professional for continuation of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated
for services saHsfactorily 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 flie intemiption and resumption of the Design
Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in
the event that the Project is pemianently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive
days, the Design Professional ar the Owner may terminate the Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for wark satisfactorily completed in aceordance with the
Agreement shall be considered substantia] nonperfomtance and cause for terminafion.
7.5 If the Owner fails to make payment to Design Professional within tlurty (30) days of receipt of a statement for services
properly and satisfactorily performed, the Desigi Professional may, upon seven days written norice to the Owner, suspend
performance of services under the Agreement.
7.6 In the event of teimivation not the fault of the Design Professional, the Desigrt Professional shall be compensated for
services properly and satisfactorily performed prior to temtination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIIiECI' PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contribufions and benefits related thereto, such as employment taaces and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pe�sions and similar contributions and benefits.
8.2 REIMBURSABI.E EXPENSES
8.2.1 Reimbursable Expenses are in addirion to compensarion for Basic and Additional Services and include expenses incLUred
by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the
following Clauses.
8.2.1.1 Expense of transporhafion in connection with the Project; expenses in connecqon with authorized out-of-town travel;
long-distance communications; and fees paid for securing approval of authorities having jurisdiction over tl�e Projcet.
8.2.1.2 Expense of reproducfions (except the reproducfion of the sets of documents referenced in Subsection 2.6.19), postage
and handling of Drawings, Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment 6me when used in connecflon with the Project.
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8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
83.1 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 Secfion 2 of the Agreement and the schedule of work
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional, compensation for any services rendered during the additional period of time shall be computed in the
manner set forth in Section 2 of the Agreemenk
8.33 When compensation is based on a percentage of Construction Cost and any porrions of the Project are deleted or othenvise
not conshucted, compensarion for those portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of
Canstruction Cost far such poriions of the Projec�
8.4 PAYMENTS ON ACCOONT OF ADDTPIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expensesincurred.
8.5 PAYMENTS WITFIIIELD No deductions shall be made &om the Design Professional's compensarion 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'5 ACCOUNTING RECORDS Design Professional shall make available to Owner or
Owner's authorized representative records of Reitnbursable Expenses and expenses pertaining to Additional Services and
services perfiormed 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 final Certificate of Payment, or un61 any litigation related to the Project is final,
whichever date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees
from and against any and all liability, claims, deroands, 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 properiy damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, shareholders, agents, or employees in the execution, operafion, or performance of the Agreement.
9.2 Nothing herein shall be conshued to create a liability to any person who is not a party to the Ageement, and nothing
herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigadon filed by
anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 10 INSiJRANCE
During the perfoimance of the Services under the Agreement, Design Professional shall maintain the following insurance
with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less than $1,OOQ000 in the aggregate, and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
10.2 AutomobIle Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 for each accident, and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional sball fumish insurance certificates or insurance policies to the Owner evidencing insurance
in compliance with this Article 10 at the time of the exewtion 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
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Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute
certificates of insurance meeting the requirements of this Article ] 0.
ARTICLE 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
Ageement shall lie exclusively in Denton County, Texas.
11.2 The Owner and Design Professional, respec6vely, bind themselves, their partners, successors, assigns and legal represen-
tafives to the oYher party to this Agreement and to the pa�hiers, successors, assigns and legal nepresenta6ves of such other party
with respect to all covenants of tlus Agreement. The Design Professional shall not assign its interests in the Agreement without
the written consent af the Owner.
11.3 The term Ageement as used herein includes the executed Agreement, the Proposal, these General Conditions and other
attaclunents 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 ageements, either written or oral. The
Agreement may be amended only by written instnament signed by both Owner and Design Pinfessional. When interpreting the
Agreement the executed Agreement, Proposal, these Genera] Conditions and the other attachments referenced in Section 3 of the
Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given
priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party
against cithcr the Owner or Design Professioual.
1L5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representaUons of
the design of the Project, including photographs of the exterior and interior, among the Design ProfessionaPs promotional and
professional materials. The Design Professional's materials shall not include the Owne�'s confidenfial or proprietary informadon
if the Owner has previously advised the Design Professional in writiug of the specific information considered by the Owner to be
confidential or proprietary. 17te Owner shall provide professional credit for the Design Professional on the construcrion sign and
in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design
Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of
their desi�s 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 Dcsign Professional, its employees, subcontractors, agents, and
consultants.
11.7 All notices, couununicarions, and reports required or permitted under the Agreement shall be personally delivered or
mailed to the respective padies 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.
119 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.
ll.10 In perfornung the Services requued hereunder, the Design Professional shall not discriminate against any person on
the basis of race, color, religion, sex, narional origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive
terms ar conditions of the Agrccment.
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ATTACHMENT'A'
ITEMIZED SCOPE OF SERVICES
Avenue A, Eagle Drive, Congress and Amarillo Wastewater
Collection System Improvements Project
CITY OF DENTON
BASIC SERVICES
PROJECT DESCRIPTION
The scope set forth herein defines the work to be performed by the ENGINEER in completing the
project. Both the CITY and ENGINEER have attempted to clearly define the work to be
perFormed and address the needs of the Project.
WORK TO BE PERFORMED
The project involves the replacement of existing sanitary sewer lines in public right-of-way at the
following locations:
Amarillo: From Gregg to the alley north of Congress, approximately 1,290'
McCormick: From Fannin to Eagle, approximately 465'
Welch: From Collins to Fannin, approximately 445'
Avenue A: From Greenlee to Avenue A, approximately 600'
Eagle Drive: From North Texas Blvd. to IOOF St., approximately 4,100'
Denton: From Congress to Panhandle, approximately 650'
Egan From Denton west, approximately 310'
Coit: From Congress to Egan, approximately 350'
Congress: From Carroll to just past Coit, approximately 330'
Anderson: From Amarillo to Mounts, approximately 550'
Pearl: From Carroll to Denton, approximately 530'
Denton: From Crescent to Panhandle, approximately 1,300'
Total Length approximately 10,920'.
Unless indicated otherwise, segments of replacement will terminate at manholes, either existing or
proposed.
Assumptions and Clarifications
The following assumptions were used by the ENGINEER for the preparation of this scope of
Basic Services:
The approximate lengths indicated above are based on exhibits provided by the
City and adjusted based on aerial photographic data.
2. The City will provide TV inspection data and other information regarding the
condition of the sanitary sewer lines for use by the ENGINEER in making
recommendations.
3. Field surveys are included as a part of the scope of this agreement. Because the
relocation proposed in Egan Street will require services to be run from the street
Attachment A- Page 1 of 7
to the rear of the house, additional survey will be necessary to ensure a suitable
route for the services exists.
4. A detailed Subsurface Utility Engineering investigation is not a part of the scope of
this agreement. The ENGINEER will attempt to have DIGTESS locate existing
utilities prior to the field surveys.
5. There are multiple sewer lines in Eagle. The scope of this agreement consists of
design of replacement of the existing 8" — 1D" sewer line, and does not include any
of the smaller sewer lines that parallel portions of this line.
6. It is assumed that all of the rehabilitation work indicated above will be bid as one
project.
7. Plan and profile sheets will be prepared for all of the replacements listed above,
assuming open cut replacement. Plan and profile sheets will be prepared as 24"x
36" sheets, using a 1" = 40' scale. Existing property owners will not be shown on
the plans, but street addresses will be shown.
8. The CITY will make GIS shape files available that show buildings and other
pertinent data.
9. No traffic control plans will be prepared as part of the scope of this agreement,
other than to provide performance requirements that the contractor must comply
with in his preparation of a traffic control plan.
10. A geotechnical investigation is not a part of the scope of this agreement.
11. Materials testing during construction is not included in the scope of work.
12. ENGINEER assumes that no geotechnical work will associated with this scope of
services. Efforts related to providing or coordinating any geotechnical work shall
be considered an additional service. The ENGINEER shall coordinate with the
CITY to determine the pavement section to be used for the pavement
replacement work.
13. ENGINEER assumes that no hydraulic modeling will be associated with this
scope of services. Efforts related to performing any water modeling shall be
considered an additional service.
14. ENGINEER assumes that a route study is not required for this project and
therefore has not been included in this scope of services.
15. Public meetings are not anticipated, and are not a part of the scope of this
agreement.
Attachment A- Page 2 of 7
Scope of Basic Services
The scope of this work is described as follows:
A. Design Meetings
1. The ENGINEER will conduct a project kickoff meeting with City staff to clarify
responsibilities, to specify phasing and other issues not yet finalized, and to
review the project schedule, which the ENGINEER will provide at the meeting.
2. The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the final design phase of the project.
B. Project Management, Administration and Coordination
1. The ENGINEER will establish a work program and schedule for each
subconsultant, as necessary, at the beginning of each phase of the project. The
ENGINEER will be responsible for the coordination, supervision, review and
incorporation of work performed by subconsultants.
PRELIMINARY DESIGN (60 PERCENT)
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
1. Development of Preliminary Design Drawings and Specifications shall include the following:
• Cover Sheet
• Overall proiect sewer lavout sheets. The sewer layout sheet shall identify the
proposed sewer main improvement/ existing sewer mains in the vicinity and all sewer
appurtenances.
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in
the same coordinate system as the Control Points.
• Sewer Plan and profile sheets at 1"=40' which show the following: proposed sewer
plan/profile and proposed pipe size, manhole locations, existing service lines, limits
of pavement replacement, existing utilities and utility easements, and all pertinent
information needed to construct the project. Street addresses shall be provided on
the plan view. It is anticipated that all of the existing sewer lines will be
reconstructed in place to the ROW line. Right-of-way lines will be approximate and
n�minal, based on GIS data and/or readily available plat data. The field survey effort
will not include locating lot corners or ownership research.
• The ENGINEER shall make provisions for reconnecting all identifiable sewer service
lines which connect directly to any main being replaced, including replacement of
existing service lines within City right-of-way or utility easement. When the existing
alignment of a water and sanitary sewer main or lateral is changed, provisions will be
made in the final plans and/or specifications by the ENGINEER to relocate all service
Attachment A- Page 3 of 7
lines which are connected to the existing main and connect said service lines to the
relocated main.
• The ENGINEER will prepare special details for water and sewer line installation and/or
replacement that are not already included CITY's standard details.
3. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule
and attend a project site visit with the CITY to walk the project. The ENGINEER will
summarize the CITY's comments from the field visit and submit this information to
the CITY in writing.
4. Utility Clearance
• The ENGINEER will consult with the CITY's Water Utilities Department, and other
CITY departments, public utilities, private utilities and government agencies in an
attempt to determine the approximate Iocation of above and underground utilities,
and other facilities (current and future) that have an impact or influence on the
project.
5. Traffic Control Plan
• TrafFic Control and Phasing shall be the responsibility of the construction contractor.
6. Storm Water Pollution Prevention Plan
• The SWPPP shall be the responsibility of the construction contractor.
ASSUMPTIONS
• 4 copies of the preliminary design plans will be delivered to the City.
• ENGINEER shall prepare and distribute meeting minutes from the Preliminary
Design Review meeting.
• ENGINEER shall not proceed with Final Design activities without obtaining the
CITY's approval of the Preliminary Design Plans.
DELIVERABLES
A. Preliminary Design plans
B. Preliminary Opinion of Probable Cost
FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100
PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows:
1. Development of Final Design Drawings and Specifications shall include the following:
• The final plans shall include completed versions of all plan sheets associated with
the preliminary plan submittal plus the CITY's standard details and any other plan
sheets that were identified during the review of the preliminary plans or the
development of the final plans.
Attachment A- Page 4 of 7
• Proposal, technical specifications and documents not covered by the CITY's
standard specifications and contract documents. The bid documents will be
structured such that each replacement identified above will be a separate section
and could be eliminated from the construction project after bids are received, at the
CITY's discretion.
• Final plans and specifications will be submitted to CITY per the approved Project
Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER
shall submit Construction Documents (100%) to the CITY per the approved Project
Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER
registered in State of Texas.
• The ENGINEER shall submit a final opinion of probable construction cost with both
the 90% and 100% design packages.
ASSUMPTIONS
• 4 copies of the final design plans will be delivered to the City.
• ENGINEER shall prepare and distribute meeting minutes from the Final Design
Review meeting.
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. 90% and 100% final opinion of probable construction cost including summaries of bid
items and quantities.
BIDDING & CONTRACT AWARD PHASE
1. ENGINEER will provide to the CITY a Notice to Bidders for advertisement of the
project for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall
provide up to 30 sets of construction plans, specifications and contract documents
for use in obtaining bids, awarding contracts, and constructing the project. Additional
sets of plans required will be considered Additional Senrices and will be paid for by
the CITY at commercial printing rates. The CITY shall be responsible for dispersing
all plans and specifications from its purchasing department to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding & Contract
Award phase by responding to bidder and CITY questivns, attending a Pre-Bid
meeting, attending the Bid Opening, reviewing the bids, preparing a bid tabulation,
reviewing bidder qualifications and references, and making a recommendation of
award to the CITY. ENGINEER will prepare necessary addenda during the bidding
phase for distribution by the City of Denton Purchasing Department.
Attachment A- Page 5 of 7
CONSTRUCTION PHASE
1. Construction Support
The ENGINEER will provide limited construction support for the project within the scope
of Basic Services as outlined below. Detailed daily construction inspection and project
oversight will be performed by the CITY. Any construction phase services requested by
the CITY beyond those described below will be provided as Additional Services.
Prepare and submit record drawings (electronic and mylar) based on information
provided by the Contractor and the City inspector. The fee shown for preparation
of record drawings assumes that the project is constructed substantially in
conformance with the plans and specifications. Extensive deviations from the
plans will require additional record drawing effort that is not anticipated in the
scope of this agreement. This determination will be made jointly by the CITY and
the ENGINEER. Preparing record drawings that include significant changes will
be provided as Additional Services.
SPECIAL SERVICES
FIELD DESIGN SURVEY
TNP survey field crews will perform an As-Built survey with spot elevations locating all
above ground visible improvements within the existing ROW for said streets including all
intersections and driveway approaches.
2. All visible above-ground utilities within the current right of way of said streets shall be
located horizontally and vertically with measure downs. Crews will attempt to locate
cleanouts situated within the property lines of the adjoining landowners and will shoot
approximate Finish Floor elevations of all structures affected by the project. The City will
obtain Right-of-Entry for those lots on Egan and Denton Street that will require services to
be constructed to the rear of the houses. All other data will be acquired without entering
private property.
3. All survey data collected will be processed drafted and created within Autodesk Civil 3d. An
electronic cadd file will be provided according to the City of Denton's standards showing all
improvements located. All vertical data will be based on the City of Denton's benchmark
datum.
4. No boundary or right-of-way data will be acquired, lot corners will not be tied, and no
property research will be conducted.
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, N logs and/or tapes, and mapping
relative to the project.
2. GIS shape files that include layers such as buildings and existing utilities.
3. City will obtain Right-of-Entry for lots on Egan and Denton Streets so that surveyors can
obtain information to the rear of the houses.
4. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
5. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Field Surveys
Complete within five (5) weeks of written Notice to Proceed from the City.
Preliminary Design
Design will commence on each section of the project as field data is made available.
Complete within twelve (12) weeks of written Notice to Proceed from the City.
Final Plans
Final plans and specifications, at 90% complete, will be submitted within four (4) weeks
of CITY approval of Preliminary design. If there are major design changes required, this
schedule may need to be modified.
Bid Documents
Complete plans and bid documents (100%) will be submitted within two (2) weeks of
receipt of final plan review comments from the City staff.
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
equitably.
Attachment A- Page 7 of 7
ATTACHMENT `B'
SCHEDULE OF FEES
Avenue A, Eagle Drive, Congress and Amarillo Wastewater
Collection System Improvements Project
CITY OF DENTON
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:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
Design Phase
Bid Phase
Construction Phase
Subtotal
2. Direct Expenses
3
$ 106,470
$ 3,500
2 190
$ 112,160
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense plus 10% with a not-to-exceed amount of:
$ 2,400
Total Fee for Basic Services
TOTAL (BASIC SERVICES)
Attachment B— Page 1
$ 114,560
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
ATTACHMENT A, Itemized Scope of Services, shall be considered Special Services, as
identified in ATTACHMENT A, Special Services to be Provided bv Enqineer. The
ENGINEER will be reimbursed for Special Services as described below:
Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the various
items of work within the scope of Special Services identified in ATTACHMENT A:
Design Field Survey
$44, 000
Progress payments for these Special Services shall be paid to the Engineer by the City
on a monthly basis based on the estimated percentage (%) of the total work effort
completed during that month less any payments for previously invoiced services.
C. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. No Additional Services
are anticipated for this project. 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.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense.
Attachment B— Page 2
D. SUMMARY OF FEES:
1
2
3
4.
Basic Services
Design Phase
Bid Phase
Construction Phase
Direct Reimbursable Expenses
TOTAL (BASIC SERVICES)
Special Services
Design Field Survey
TOTAL (SPECIAL SERVICES)
Additional Services
$ 106,470
$ 3,500
$ 2,190
$ 2,400
$ 114,560
$ 44,000
Labor $ To Be Determined
Direct Expenses $ To Be Determined
$158,560
TOTAL (ADDITIONAL SERVICES�
$ To Be Determined
Total Fees for Project
TOTAL FEES
Attachment B— Page 3
$ 158,560