2014-062AN ORDINANCE OF THE CITY OF DENTON TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
FREESE AND NICHOLS, INC. FOR 15- PERCENT DESIGN AND ENGINEERING SERVICES
FOR THE RELOCATION OF UTILITIES ALONG THE PROPOSED TEXAS DEPARTMENT OF
TRANSPORTATION RIGHT -OF -WAY FOR FM 2181 FROM WINDRIVER LANE /TEASLEY
TO THE CORINTH CITY LIMITS; AND PROVIDING AN EFFECTIVE DATE (FILE 5488 —
AWARDED TO FREESE AND NICHOLS, INC., IN THE NOT -TO- EXCEED AMOUNT OF
$216,503).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Freese and Nichols, Inc., to provide professional engineering and design services for
the relocation of utilities along FM 2181, 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 5488 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 caI " "`
MARK A. 1 URROUG1 I , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: )
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY
File 5488 ......r..
THE STATE OF TEXAS
'!
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
2014, 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" or "City" and Freese and Nichols, Inc., with its corporate office at 4055 International
Plaza, Suite 200, Fort Worth, Texas 76109 hereinafter called "Architecture /Engineering
Professional" or "FNI," 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 l
EMPLOYMENT OF ENGINEERING PROFESSIONAL
Freese and Nichols, Inc. (FNI) will provide the following civil engineering services to the
City of Denton, Texas (Owner): 15- percent design for the relocations of utilities along the proposed
TxDOT Right -of -Way for FM2181 from Windriver Lane /Teasley to Corinth city limits (TxDOT
Stations 10111 +39 to 10298 +00). This Scope of Services outlines the proposed engineering services
that will be provided in connection with relocation of existing water, wastewater and force main
lines along FM2181 at various locations from Windriver Lane /Teasley to Corinth city limits, as
more fully described in Attachment A, Scope of Services. Other services that may be provided as
additional services in support of the project are also described in Attachment A.
SECTION 2
COMPENSATION
The Owner shall compensate FNI as follows, with a total fee for Basic Services and Special
Services of Two Hundred Sixteen Thousand Five Hundred and Three Dollars ($216,503.00):
2.1 FOR BASIC SERVICES
2.1.1 For Basic Services and related Expenses for Article I, the total compensation shall be a
lump sum fee of One Hundred Sixty One Thousand Six Hundred Eighty Dollars ($161, 680.00).
Page l
2.1.2 For Special Services and related Expenses for Article II, the compensations shall be the
following not to exceed fees, with a total not to exceed fee for Special Services of Fifty Four
Thousand Eight Hundred Twenty Three Dollars ($54,823.00):
2.1.2.a Sub - Consultant Coordination = $ 8,848.00
2.1.2.b Design Survey (Supplement to TXDOT Survey) _ $ 45,975.00
2.1.3 Additional services, if any, shall be approved in writing and authorized in advance by
the OWNER and shall be performed and conducted for fees that are negotiated as appropriate. Progress
payments for Basic Services shall be paid monthly on the basis of the Schedule of Charges completed at
the end of the month.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services will be based on the attached schedule of charges on
page CO -1.
SECTION 3
ENTIRE AGREEMENT
This Agreement expressly includes this three (3) page Agreement, together with the following
documents which are attached hereto and are incorporated herewith for all purposes:
1. Exhibit "A" (Scope of Services of FNI) through CO -1.
2. The City of Denton General Conditions to Agreement for Architectural or Engineering
Services.
If a conflict should arise between Attachment "A" and the City of Denton General Conditions to
Agreement for Architectural or Engineering Services, then the City of Denton General Conditions to
Agreement for Architectural or Engineering Services shall prevail.
Page 2
This Agreement is signed by the parties hereto effective as of the date first above written,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR16v �.D AS F'O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
ATTEST:
By: Xis
F.,T-j . o] a a I
By: N
Keffilam
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
70RG[`C. CAMPBELL
CITY MANAGER
Page 3
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By:
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Aq o ot'l t P-
ATTACHMENT A
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
FM 2181 Utility Relocations
GENERAL: Freese and Nichols, Inc. (FNI) will provide the following civil engineering services
to the City of Denton, Texas (Owner): 15- percent design for the relocations of utilities along the
proposed TxDOT Right -of -Way for FM2181 from Windriver Lane /Teasley to Corinth city limits
( TxDOT Stations 10111 +39 to 10298 +00). This Scope of Services outlines the proposed
engineering services that will be provided in connection with relocation of existing water,
wastewater and force main lines along FM2181 at various locations from Windriver Lane /Teasley
to Corinth city limits.
The consultant services are based upon TxDOT electronic files of the proposed improvements to
FM2181 and survey and record drawing information. All preliminary conflict identification will be
based on the best available record data information, but the CONSULTANT in no way warrants
that additional conflicts will not be discovered due to inaccuracies in the record data or changes to
the TXDOT improvements. The Scope of Services will provide 15- percent plan and profile
relocation design for the water and wastewater utility relocations along the affected section of
FM2181 including, but not limited to, the following:
a. 20 -inch Water Line: A new 20 -inch water main will be designed from approximately
Windriver Lane to Robinson Road (Approx. TxDOT Sta 10112 +50 to Sta 10181 +50).
This section contains an existing 20 -inch water line and sections of an existing 8 -inch
water line that will be in conflict with the TxDOT roadway, storm drain, and sound wall
improvements. The new 20 -inch water line will also be re- routed west and south of the
development on the southwest corner of FM2181 and Windriver. It is anticipated that
the new 20 -inch water line will cross FM2181 in three (3) locations to avoid congested
areas and existing ponds adjacent to FM2181.
b. 8 -inch Wastewater Line: A new 8 -inch wastewater line will be designed from
approximately Sta 10119 +00 to Sta 10125 +00 and will tie into the existing wastewater
line in Bent Oaks Drive. There will also be an 8 -inch wastewater crossing designed with
casing pipe at Bent Oaks Drive. The existing 8 -inch wastewater line is in conflict with
TxDOT paving and drainage structures.
C. 12 -inch and 8 -inch Force Main Crossings: Two (2) crossings will be designed for a
new 12 -inch crossing at Windriver and Teasley, and a new 8 -inch crossing at Teasley
and Bent Oaks Drive. These crossings are in conflict with TxDOT improvement
elevations.
d. 18 -inch Water Line: A new 18 -inch water line will be designed from Robinson Road
to Hickory Creek Lane (TxDOT Sta 10181 +50 to Sta 10222 +00). The new 18 -inch line
will replace existing 8 -inch and 18 -inch water lines that are in conflict with TxDOT
roadway and storm drain improvements.
e. 12 -inch Wastewater Line: A new 12 -inch wastewater line will be designed near
TxDOT Sta 10204 +50. This line will be a re -route around a proposed TxDOT headwall
and box culvert crossing of FM2181.
Exhibit A -1
f. 24 -inch Force Main: A new 24 -inch force main line will be designed from Hickory
Creek Lane to the south of Leatherwood Lane (Approximate TxDOT Sta 10223 +00 to
Sta 10267 +50). The existing 24 -inch force main is in direct conflict with TxDOT storm
drain and roadway improvements. It is anticipated that the proposed force main will
cross FM2181 in three (3) locations to avoid congested developed areas and to connect
back to the existing force main line.
g. 12 -inch Water Line: A new 12 -inch water line will be designed to replace an existing
section of 12 -inch water line that dead ends at approximately TxDOT Sta 10232 +00.
The line will be extended to an existing line in Lighthouse Drive near TxDOT Sta
10235 +50.
h. 8 -inch Water Line: A new water line will be designed on the west side of FM 2181
from TxDOT Sta 10258 +00 to Sta 10269 +00. This line is to replace the water line that
provides service to properties on the west side of FM2181 at this location that will be
abandoned as part of TxDOT's improvements. It is anticipated that two (2) crossings
will be needed of FM2181 for the new 8 -inch water line to tie into the existing 12 -inch
water line on the east side of FM2181.
i.. 12 -inch Water Line: A new water line will be designed from TxDOT Sta 10273 +00 to
Sta 10296 +00. The new line will replace an existing 12 -inch water line that will be in
conflict with TxDOT storm drain and roadway improvements. The new water line will
also cross FM 2181 to avoid existing developments adjacent to FN12181.
j. 12 -inch Water Line Crossings: It is anticipated that ten (10) 12 -inch water line
crossings will be designed to cross FN12181 with steel encasement to tie the new water
lines in with existing distribution lines that were formerly tied into lines that will be
abandoned with the improvements along FM2181.
k. 8 -inch Wastewater Line: A new 8 -inch wastewater line will be designed near TxDOT
Sta 10292 +00 to Sta 10294 +00. This line will be designed as a re -route of an existing
wastewater line to avoid TxDOT storm drain improvements in conflict with the existing
wastewater line.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
TASK A: Preliminary Investigation
I . Schematic Design: FNI will produce a schematic design prior to the development of the scope
for this project to determine the magnitude of the final required improvements along FM2181.
This schematic design will delineate TxDOT reimbursable portions of the project for the
Owner to approach TxDOT for payment. The schematic design will identify the
improvements needed along FM2181 and the areas where new easements will be required to
develop the scope of land acquisition. This schematic will be developed from existing records
from the Owner, existing survey information, and TxDOT improvement plans for FM2181.
2. Project Kickoff Meeting: FNI will conduct a project kickoff meeting with Owner to introduce
the team members as well as discuss the project scope, goals, schedule, and to establish lines
of communication with the project team and the Owner. Also, any schematic level design
already developed will be reviewed and discussed during this meeting.
Exhibit A -2
3. Data Collection:
a. Obtain copies of available utility information via Record Drawings and previous
investigations by the OWNER, including previous survey and SUE information
performed by the OWNER.
b. TxDOT electronic data such as plans and survey information on the proposed FM2181
Right -of -Way, as well as horizontal and vertical alignments for the proposed roadway,
cross street modifications and utility improvements.
C. Obtain existing easements and as -built street, water, sanitary sewer, and storm drain
plans from the OWNER.
d. Obtain copies of available franchise utility relocation information from franchise utility
companies.
4. Analysis:
a. Use the information on the proposed roadway and associated improvements to analyze
utility relocation depths and alignments.
b. Identify existing easements and proposed and existing right of way along with utility
conflicts with TxDOT proposed improvements.
5. Progress Meeting #l: FNI will conduct a meeting with City staff to review the results of the
preliminary investigation activities as well as discuss any further developments or information
from TxDOT.
TASK B: 15- Perecent Design
CONSULTANT services are based upon the electronic version of TxDOT base files to insure
the correct benchmarks, horizontal and vertical datum and correct Right of Way for the
proposed FM2181 are utilized. CONSULTANT will evaluate the prepared files for the utility
crossings and improvements for the proposed FM2181 Right -of -Way.
2. The CONSULTANT will schedule, prepare agenda for and attend one (1) joint kick -off
meeting with the OWNER and TxDOT. This meeting will primarily be to discuss the
expectations of the reimbursable documentation.
One design submittal will be provided by the CONSULTANT to the OWNER as a
preliminary alignment submittal. This submittal will include aerial plan view and will reflect
existing easements of City utilities, as well as an updated opinion of probable construction
cost. This submittal will not include topographical survey information not previously
provided by the OWNER. The purpose of this submittal is to come to an agreement on the
horizontal alignment for each of the identified conflicts prior to the initiation of surveying
services. Four (4) (11 "x17 ") half size sets of preliminary alignments will be submitted to the
OWNER.
4. Upon receipt of OWNER's comments, one (1) review meeting will be held to discuss the
review comments and recommendations based on the preliminary alignments.
Once the preliminary alignments have been agreed upon by all parties, the CONSULTANT
will prepare a 15% plan and profile design submittal. The submittal will include construction
Exhibit A -3
drawings at a scale of 1 " =40' horizontal and 1"=4' vertical, one (1) full size (22 "x34 ") and
four (4) half size (11 "x17 ") construction drawings and corresponding opinion of probable
construction cost depicting reimbursable and non - reimbursable expectations. In addition, the
submittal will include electronic copies of the construction drawings in pdf format. Typical
sheets used in the project will be.
a. Cover Sheet
b. General Notes
C. Project layout control (2- sheets)
d. Utility Conflict Plan and Profile sheets (approx. 36- sheets)
e. Construction Details (approx. 6- sheets)
6. Upon receipt of the OWNER's comments on the 15% submittal, one (1) review meeting will
be held to discuss all review comments and recommendations based on the 15% plans and the
path forward for the project.
Exhibit A -4
ARTICLE II
SPECIAL SERVICES
A. Survey Sub - Consultant Coordination - Upon agreement of the preliminary alignment the
survey sub - consultant will be released to gather information. CONSULTANT will coordinate
and manage the survey sub - consultant, and meet with the surveyor for progress and updates.
CONSULTANT will update the OWNER with the progress and be the main communicator
between the OWNER and the sub - consultants. The scope of work of the survey sub -
consultant is described in the SPECIAL SERVICES section of this Exhibit.
B. Surveying (Provided by Arthur Surveying Co., Inc.)
1. Topographic Mapping
CONSULTANT'S survey sub- consultant will utilize Texas Department of Transportation's
FM2181 Improvements project control to bring horizontal and vertical control to the areas of
conflict. The CONSULTANT and survey sub - consultant will adopt, endorse and be
responsible for confirmation of the accuracy of any OWNER provided survey data. Survey
sub - consultant will perform the topographic mapping of the areas of conflict and locate
surface features such as, pavement, fences, culverts, pipes, headwalls, power poles, manholes,
inlets, water valves, fire hydrants and water meters. Flowlines will be obtained on manholes,
inlets, culverts, headwalls and pipes wherever accessible. Survey sub - consultant will contact
DigTESS and the City of Denton Public Works to mark underground utilities and will tie flags
and markings provided. An electronic drawing file in AutoCAD format of each area of
conflict will be furnished to the CONSULTANT along with field sketches, photographs and
an ASCII point file with point numbers, coordinates, elevations, point codes and descriptors.
Survey sub - consultant will adhere to TxDOT's standards for working within and adjacent to
their rights -of -way and provide temporary signs, traffic control, flags and safety equipment
necessary to ensure a safe work environment.
2. Ownership Research and Boundary Analysis
The survey sub- consultant will research the Denton County Appraisal District's records to
obtain the ownership names and addresses of the tracts of land requiring easements as well as
the property's recorded deed and any easement within the affected area of the property. The
survey sub - consultant will field locate existing property corners or right -of -way monuments
and analyze the boundary configuration of each affected tract of land. The recorded deeds of
adjoining tracts of land will also be obtained to verify no conflicts exist between the
properties. CONSULTANT will provide the list of affected owners to the City of Denton for
securing right -of- entry.
Exhibit A -5
ARTICLE III
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically
authorized in writing by OWNER, which are not included in the above - described Basic Services,
are described as follows:
A. Making revisions to drawings, specifications or other documents when such revisions are 1)
not consistent with approvals or instructions previously given by OWNER or 2) due to other
causes not solely within the control of CONSULTANT.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Services associated with condemnations, in addition to those listed in Special Services.
D. Services associated with relocations of property owners during the easement or R.O.W.
acquisition process.
E. Furnishing the services of a Resident Project Representative to act as OWNER's on -site
representative during the Construction Phase.
F. Bulldozer or other equipment services required to achieve access to boring locations.
G. Stand -by time.
H. Additional laboratory services, including quantities or items other than described in Basic
Services.
I. Additional engineering services, including personnel time and expenses for items not
specifically described in Basic Services. This may include, but is not limited to, additional
meetings requested by OWNER, assistance to OWNER in dealing with regulatory
agencies, preparation and engineering assistance in legal proceedings, and evaluation of
alternative designs for the project or relocation of structures.
J. Any other required or requested services authorized by OWNER, other than those specifically
described in Basic Services.
ARTICLE IV
TIME OF COMPLETION: CONSULTANT is authorized to commence work on the Project
upon execution of this AGREEMENT and agrees to complete the services in accordance with the
following schedule: Submit Final plans within 120 days of Notice to Proceed pending permits and
approval by TxDOT.
Exhibit A -6
If CONSULTANT's services are delayed through no fault of CONSULTANT, CONSULTANT
shall be entitled to adjust contract schedule consistent with the number of days of delay. These
delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the
flow of information to be provided to CONSULTANT, governmental approvals, etc. These delays
may result in a request for an adjustment to compensation.
ARTICLE_ V
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so
as not to delay the services of FNI:
A. Designate in writing a person to act as OWNER's representative with respect to the services to
be rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions with
respect to FNI's services for the Project.
B. Provide all criteria and full information as to OWNER's requirements for the Project,
including project objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design
and construction standards which OWNER will require to be included in the plans,
specifications and contract documents.
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to completion of
the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of other consultants as OWNER deems
appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project.
F. Give notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services.
G. Contact other departments within the City of Denton and coordinate with them to obtain
record drawings of other utilities, buildings, or infrastructure as needed and available.
H. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Article III of
this AGREEMENT or other services as required.
I. Bear all costs incident to compliance with the requirements of this Article IV.
Exhibit A -7
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives:
Owner's Designated Representative — Frank G. Payne, P.E.
901A Texas St.
Denton, Texas 76209
Phone: 940-349-8946 Fax: 940-349-8951
Email: frank.payne @cityofdenton.com
Owner's Accounting Representative —
FNI's Project Manager -
FNI's Accounting Representative -
Annie Bunger
901A Texas St.
Denton, Texas 76209
Phone: 940-349-8463 Fax:940- 349 -8951
Email: annie.bunger@cityofdenton.com
A. Scott Maughn, P.E.
1711 North Haskell Ave.
Dallas, Texas 75204
Phone: 214 -217 -2260 Fax: 214 -217 -2201
Email: asm(cr�,freese.com
Matt Shafer
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Phone: 214-217-2238 Fax: 817-735-7492
Email: mcs�cafreese.com
Exhibit A -8
before proceeding. Additional SeNces shall be computed based on the Schedule of Charges.
1 1
Eggglan
Min
Max
Pro slonal - 1
70
111
Professional -;
94
152
Pro slonal - 3
105
470
Professional - 4
125
199
Professional - 5
178
238
Professional - 6
167
438
Construction Manager - 1
83
100
Canxtn,cilon Ma gAr - 2
98
154
Construction Manager - 3
137
159
Construction Manager - 4
169
214
D Technician! sign - 1
61
97
CAD T chndcIan/ Desig n - 2
88
154
CAD Technician! Designer - 3
117
464
Corporate Project Support - 1
38
106
Corporate Project Su - 2
67
166
Corporate Project Su - 3
75
329
Intern) Coop
32
63
Rates for In-HOL198 _ Services
Tec oio arcle
a ulk Is d ntl ing
and Reproduction
$8.50 per hour
Black and White $0,10 per copy
Color
$0.80 per copy
Travel
Plot - Bond
$2.50 per plot
Standard IRS Rates
Plot - Color
55.76 per plot
Plat - Other
55,00 per plot
Binding
55,76 per book
These ranges and rates will be adjusted annually.
19 -220x
�3
Basic Services (Lump Sum) $161,680.00
Special Services (Cost Plus Multiplier Not to Exceed)
Sub - Consultant Coordination $ 8,848.00
Design Survey -- T, 4A C17F, nO
$54,823.00
TOTAL Maximum Fee $216,503.00
CO -2