2014-201• : � i. � .. •TI�G�b•Tl�l
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH C.T. BRANNON CORPORATION FOR AQUATIC
ENGINEERING AND DESIGN SERVICES RELATING TO THE RENOVATION OF THE CITY
OF DENTON CIVIC CENTER POOL; AND PROVIDING AN EFFECTIVE DATE (FILE 5489-
AWARDED TO C.T. BRANNON CORPORATION IN THE NOT-TO-EXCEED AMOUNT OF
$145,000}.
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the mast highly qualified on the basis of its demonstrated competence and
qualifications to perform the propased professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with C.T. Brannon Corporation, to provide professional engineering design services for the
renovation of the Civic Center Pool, 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 5489 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 _�,�014,
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A�rTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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'�[�S AGREEMENT is made and entered into as of the �`�
��°'` day of
2014 b and between the Cit of Denton Texas a Texas munici al
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c:f� X�r��i.i� �' with its principal office at 215 East McKinney Street, Denton, Denton County,
T� t� 7��'� 1, hereinafter called "Owner" and C.T. Brannon Corporation, with its corporate
office at 1321 South Broadway, P.O. 7487, Tyler, TX 75711, 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:
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The Owner hereby contracts with the Design Professional, a licensed Texas 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.
This Project is for the employment of a Specialized Aquatic Engineering firm and Design Team
to develop the design and plans for the renovation of the City of Denton's Civic Center Pool. The
Firm will be responsible for all Construction documents needed. The construction is planned to
start in September 2015 after the Civic Center Pool is closed for the summer season with a
completion date Memorial Day 2016.
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The Owner shall compensate the Design Professional as follows:
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2.1.1 For Basic Services the total compensation shall be $138,000.
2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the
total compensation for the Basic Services satisfactorily completed at the end of the following phases
of the Project:
Conceptual Phase
Schematic Design Phase
Design and Development Phase
Bidding Phase/Tender Offer Phase
Construction Phase/Completion
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10%
15%
25%
30°/a
20%
100%
$ 13,800
$ 20,700
$ 34,500
$ 41,400
$ 27,600
$13 8,000
2.2.1 Compensation for Additional Services is as follows:
Principals
Associates
Technical Staff
Clerical Staff
$ N/A per hour
N/A per hour
N/A per hour
N/A per hour
August 15, 2014
September 5, 2014
September 26, 2014
October 24, 2014
May 1, 2015
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1 times the expenses
incurred by the Design Professional, the Design Professional's employees and consultants in the interest of
the Project as deiined in the General Conditions but not to exceed a iotal of $7,000.00 without the prior
written approval of the Owner.
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This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Engineering Services.
2. The Design Professional's Proposal
3. Attachment A thru Attachment B
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
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BY: _ � �"
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ANITA BURGESS, CITY ATTORNEY
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BY:
CITY OF DENTON
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CITY MANAGER
(Signature)
Page 3 6I20/14
CITY OP' D�NTON
G�NERAL CONDITIONS TO
AGR�EMENT FOR �NGINE�RiNG S�RVIC�S
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1.1 The Engineer's servrces consist of those services for the Project (as defined in the agreement (the "Agreement"} and propasat (the "Proposal"} to which these General
Conditions are �ttaclzed} perfoimed by the Engineer (her�einn$er catled the "Design ProfessionaP'} or Design Professional's employees and consultants as enume�ated in Artictes
2 and 3 of these General Conditians as modified by the Agreement and Proposal (the "Setvices").
1.2 The Design Prafessianal wilt perfonn all Services as an independent contr�actar to the prevailing prnfessional standards consistent with the level of care and skill ardinarily
exercised Uy meuibers af the same profession currently practicing in the same localiry under sirnilar conditions, including reasonaUle, infonned judgments and prampt timely
actions (the "Degree oP Care"). The Services sl7all be perfom�ed as expeditiously as is consrsteut with the Degree of Care necessary for the orderly pcagress of the Project.
Upon request of the Ownec•, the Design Professional shall submit for the Owiier's approval a schedule for the pe�faimance af the Services whicl7 may be adjusted as the Project
proceeds, and shall include allowances Por periods of time required for the dwner's review and f'or apgroval of submissians by authaiities having jurisdiction aver the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded hy the Design Professional ar Owner, and any
�djustments ta this schedule shall be rnutually acceptable to botli parties.
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2.1 BASIC SERVIC�S DEP'INED The Design ProfessronaPs Basic Seivrces consist of those described in Sectious 2.2 thraugli 2.6 of these General Conditions and inctude
without linutation noivtal struchual, civil, mechanical and electricat eng'rneering se�vices and any other engineei•ing seivices necessaiy to produce a comptete and accut�ate set of
Constntction Dacuruents, as described by and required in Section 2.4. The Basic Services may be madified by tl�e Agreemeut.
2.2 SCHEMATIC DESIGN PHASE
2.21 The Desigrs Professional, iu consuttatioii with the Oetnier, shall develop a written program for tt�e Praject to ascert�lin Owner's needs and to establish the
requirements for the Praject.
2.2.2 The Design Prafessional shall pravide a preliminaiy evaluation of the dwner's program, conshvction schedule and constiuction budget requirements, each in
terms of the other, subject ta the limitations set fa�th in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner altemative approaches to design and constn`ction of the Project.
2.2.4 Based an the muhta(ly agreed-upon program, schedule and canstruction budget requirements, the Design Professional shall prepare, for approval by the dwner,
Schematic Design Documents consisting of drawings and other documents illush-ating the scale and relationship af Praject components. The Schematic Design sliall
contemplate compliance wid7 atl applicabte laws, statutes, ordinances, codes and regulatians.
2.2.5 The Design Professionll shall submit to tlie Owner a prelimina�y detailed estimate af Construction Cost based on current area, volume or other unit casts and
which indicates die cost of eacli category of work invalved in constiucting the Project and establishes an elapsed time factor for the period of time fi�om the
commencement ta [lie completion of canstruction.
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2.3.2 The Design Professional shall advise the Owner of any adjusiments to the preliminary estimate of Conshuctian Cast in a further Detailed Statement as described
in Sectian 2.2.5.
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2.4.2 The Design Professional shall assist the Owner in tt�e preparation af the necessary bidding or procurement information, bidding or peocuretnent foims, the
Conditions of the contiact, and the forrn of Agreernent behueen the Owner and contr�actor.
2.4.3 The Design Professionat shatl advise the Owner of any adjustments to previous preliminaiy estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 T'he Design Professianal shall assist the Owner in connectian with the Owner's responsibility for filing docmnents required for the approval of government�ll
authorities having jurisdiction over the Project.
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2.6.1 The Design ProfessionaPs responsibifity to provide Basic Seivices for the Constiuction Pl�ase under this Agreement co�tunences with the award of tlle Contiact
for Constiuction and tei�ninates at 1he issuance to the 04tmer of the final Certificate for Payment, unless extended under the tet7ns of Subsectian $.3.2.
2.6.2 The Design Professional shatl provide detaited administration of the Contract for Constmctian as set foifh befow. For design professionais the administration
shall also be in accordance with AIA dacument A201, General Conditions of t(ie Conh•act foi• Constmction, cun�ent as of the date of the Agreement as may be
ameuded by the City of Denton speciat conditions, unless atfieiwise pravided in ttie Agreement. For engineers the administration shalt also be in accordance with the
Standard Specifications for PuU(ic Works Constivction by the North Cent�a( Texas Council of Gove�nrnents, cun�ent as af the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Covstiuction Phase duties, responsibilities and linutations of autharity of the Design Prof'essional shall not he resti°icted, modified or extended without un•itten
agreement of the dtRmer and Design Professional.
2.6.4 The Design Professional shalt be a representative of and shall advise aud consult with the Owner (1) during const�uction, and (2) at the Owner's directian fi•om
time to time during the coirection, or wan�anty periad described in the Cont�act for Const�uction. The Design Professional shatl I�ave auihority to act on behalf af the
Owner only to the extent provided in the Agreement and these General Conditions, unless otheiwise modified by we•itten instiument.
2.6.5 The Dcsign Professional shalt abserve tlte canstiuction site at least one time a week, wltile constiuction is in progress, and as reasonably necessaty white
construction is not in progress, to become familiar with the progress and quatity af tlie work completed and to dete�7nine if the work is being pei%tnicd in a rnanner
indicating that tlie work when completed witl be in accoi•dance witli the Canti�act Documents. Design Professio�ial stiall pravide Owner a written report subsequent to
each on-site visit. On the basis of on-s'rte observations the Design Pi•ofessionat shalt keep the dwner infomted of'the progress and quality of the work, and shalt
cxercise the Dc�•ce of Care and difigence in discovering and promptly reporting ta tlte Owner a�iy obseivable defects or dcficiencies in the wark of Conhactor or any
subcontractors. The Design Professiona( represents that he will follaw Degree of Care in performing atl Seivices under the Agreement. The I7esign Professional slialI
promptly con•ect any defective designs or specificatians fumished by the Design Professional at no cost to the Owner. T13e Owner•'s approvat, acceptance, use of or
payment for all or any part of tlye Desrgn ProfessionaPs Services liereunder or of t(ie Project itself shall sn no way alter the Design Profession��Cs obligations or the
Ownez•'s iights hereunder.
2.6.6 Tlte Design P�°ofes5ional shail not have controi over or charge of and shal[ not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in cannection with the work. The Design Professional sha[I not be responsible for the Contractor's schedules or
fai(ure to cariy out the work in accordance with the Contract Documents except insofar as suclt fiiture may resu(t fi•om Design Profess'ronal's negligent acts or omis-
sions. Tlie Design Pc•ofessionat sha(1 not have control over or charge of acts or omissions of tlie Conh•actor, Subcontractors, or their agents or ernptoyees, ar of any
otlier persons pei%rming portions of the worEc.
2.6.7 Tlte Design Pe°ofessional shatl at al[ times have access to the work wherever it is in preparation oi° progi°ess.
2.6.5 Except as may otheiwise be provided in tlie Contract Documents or when direct communications have been specialty authorized, the Owner and Contractar
shall comrnunicate ttu�ough the Design Professional. Commtmications by and witli the Design Professional's cansultants shal( be tlu�ough the Design Professional.
2.6.9 $ased on the Design ProfessionaPs obsetvations at the site of the work and evaluations of the Contiactor's Applications f'or Payment, flie Design Professional
shat( review and ce�tify the amounts due the Contractor.
2.6.10 The Design Pi°ofessronal°s certification for payment shalt constitute a`°epresentation to the Owne[°, based on tlie Design Pc°ofessional 's obseivatians at the site as
provided in Subsection 2.6.5 and on the data compiising ttte Contractor's Appiication for Payment, tltat tl�e work has progressed to the point indicated and that die
quality of the Work is in accordance with the Conh�act Docurnents. The foregaing representations are subjec[ to minor deviations from the Contract Documents cor-
rectable prior to campletion and to specific qualifications expressed by the Desigrt Professional. The issuance of a Certificate for Payment shatl fiuther constitute a
representation that Uie Conh�actor is entitled to payment in the amount ceitified. However, the issuance of a Certificate for Payment shall nat be a representation that
the Design Professional has (1} reviewed construction means, methods, teclmiques, sequences or procedures, or (2} ascertained how or for what purpase the Contractor
has used maney previously paid on account af the Canh�act Sum.
2.6.11 The Design Professional shatl have the responsibility and authoiity to reject work which does not conforrn ta the Coniract Docwnents. Whenever t(ie Design
Professional conside�s it necessa�y or advisable for implementation of tlie intent of the Contract Docmnents, tlie Design Professional will have authority to require
additional inspection ar testing af the work in accordance with the provisions of tlie Cantract Dociunents, whedier or not such Work is fabricated, instal[ed or
completed. However, neither ttus authority of the Design Professional nor a decision made in goad faith either ta exercise or not exercise such autliority shal( give rise
to a duty or responsibility of t(ie Design Professional to the Contractor, Subcont��actors, material and equipment suppfiees, their agents or emp(ayees or other persons
perfanning partions of tlie work.
2.6.12 The Design Professionat shlll review and approve or take other appropriate action upon Contractor's snbmittals such as Shop Drawings, Product DaGn and
Samples far the purpose of (l) detennining compliance with applicab[e laws, statutes, ordinances and codes; and (2) detennining whether or not the work, when
compteted, wil( be in cornpliance with the requirements of the Contract Documents. The Design Professional shalt act witti such reasonable promptness to cause no
delay in the work or in ttle construction of the Owner or of separate contractois, while altowing sufficient time in the Design ProfessionaPs professional judgment ta
permit adequate review. Review of such submittals is not conducted far the pu�pose of determining the accutacy and compteteness of other details such as dimensions
and quantities or for substantiating instiuctions f'or installation or perfocmance af equipment or systems desrgned by the Contractor, all of which remain the
responsibility of the Contractor to ttie extent required by the Contract Dacuments. The Design Professional's review shalt not constitute approval of safety precautions
or, unless otherwise specific111y stated by the Design Professional, of conshuctian means, methods, teclmiques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When prafessional certification af pe�fotmance cha�acteristics
of materials, systems or equipment is required by the Contract Documents, the Design Prafessional shall be entitled to rely upan sucli cei7ification to establish that the
materials, systems or equipment wilt meet the pec%ctnance cdtecia required by the Cont�act Documents.
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2.6.14 dn behalf of the Owner, tlte Design Professional sltal[ conduct inspections to deteniune the dates of Substantial Completion and Final Completian, and if
requested by the Owner s(iafl issue Certificates of Substantial and Finat Completion. The Design Professianal wil[ receive and revrew written guarantees and retated
documents required by the Contract for Construction to be assembled by the Cautractor and shatl issue a finat certificate for Payment upon carnpliance with the
requirements oftl�e Conh�ct Documents.
2.615 The Design Professionat slialt intecpret and provide i•ecommendations on matters conceming perfarmance of the Owner and Contractar under tlie requirements
of tlie Contract Dacuments on written request of eitlier tlie Owner or Cantiactor. The Design ProfessionaPs response to such requests shalt be made with reasonabte
prarnptness and within any time limits agreed upon.
2.616 Inteipretations and decisians ofthe Design Prof'essianal shall be consistent with the intent of and reasonaUly inferaUle fi•om the Conh�act Documents and shalt
Ue in txn•iting ar in the forni of diawings. When making such interpretations and initial decisions, the Design Professional shall eudeavor to secure faithful peifonnance
Uy botl� Owner aiid Conti�actor, and shall not be lrable for results or inteepretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in tl7e absence af negligence,
2.6.17 The llesign Professianal shall render written decisions within a reasonable time an alt claims, disputes or otl�er matters in questiou between the Owner and
Coutiactor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1} sha[t render se�vices under the Agreement in accordance with the Degree of Cu•e; (2} will reimbu�se the dwner for all damages
caused by tl�e defective designs the Desigu Professional prepares; and (3} by acknowledging payment by the Owner of any fees due, shall not be released froul any
rigltts the Owner rnay have w7der the Agreement or diminish ar�y of the Design Pi•of'essianal's obligations thereunder.
2.6.19 The Desigu Professional shall provide the Owner with four sets of reproducible prints showing alt significant changes to the Canst�uction Docurnents during
tlie Constivctian Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 Tlre seivices desc`7bed in tl�is Ai°ticle 3 are nat included in Basic Services unless so identified in the A�•eement oi° Pi°oposal, and they shall be paid foi° by the
Owner as provided in the Agreement, in addition ta the compensation for Basic Seivices. The services described under Sections 3.2 and 3.4 shall only be provided if
autl�orized or confinned in writing by the Owner. If seivices described under Cantingent Additiana[ Seivices in Section 3.3 are requireci due to circumstances beyond
tlse Design Prafessional's control, the Design Professional shall notify tife Owner in writing and sliall not commence such additional se�vices until it receives written
approval from tl�e Owner to proceed. If the Owner indicates in writing that al! or part of such Contingent Additianal Services as�e not required, the Design Professional
slia(t have na abligatian to provide tl�ose services. Owner wil( be responsible for compensating the Desigrt Professional for Contingent Additianat Services only if
they are nat required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at flie site tlfan is described in Subsection 2.6.5 is required, the Design Professional sltiall provide one or more Project
Representatives to assist in caiYying out such additional on-site responsibilities.
3.2.2 Project Representatives shalt be setected, employed and directed by the Design Professional, and the Design Professional shall be compensated fl�erefor as
agreed by the dwner and Design Professianal.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Dcawings, Specifications or ather documents when sucti revisions are:
l. incansistent with approvals or insttuctions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
pro��am or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such docurnents, ar
3. due to changes required as a result af the dwner's failure ta render decision in a timely manner.
3.3.2 Providing setvices required because of significant changes in die Praject including, but not limited to, size, quality, carnplexity, ar the Owner's schedule, except
for seivices required under Subsection 2.5.2.
3.3.3 Prepaiing Drawings, Specificatians and ather dacumentation and supporting data, and providing other services in connection with Change Orders and
Constiuctian Change Directives.
3.3.4 Providing consultation concecning replacement of work damaged by fire or other cause during constiuction, and fumishing se�vices required in connect'ron witll
the replacement of such work.
3.3.5 Pc°oviding secvices made necessaiy by the default of the Contractor, by majoc• defects or deficiencies in the work of the Conti°actor, or by failure of per%rmance
of eithec• the Owner ar Contractor under the Contract for Constiuction.
3.3.6 Praviding services in evaluating an extensive nwnber of claims submitted by the Conh�actar or others in comiection with the wark.
3.3.7 Providing services in cannection with a public hearing, arbihation proceeding or legal proceeding except where the Design Professional is pa�ty thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, sepa�•ate or sequentiat bids or providing seivices in connection
with bidding or construction prior to the completion of the Constniction Documents Phase.
3.3.9 Natwithstanding anythrng contained in the Agreement, Praposal or these General Conditions to the contiary, all services described in this Aiticle 3 that are
caused or necessitated in whole or in pa�t due to the negligent act or omiss'ron of the Design Professional shall be peiiatmed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensatian above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or cancun�ent negligence of the Owner shalt not limit the Design Professional's obligations tutder this Subsection 3.3.9.
Page 6 6I20114
3.4 �PTION DITION S�RVIC�S
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providiug planning suiveys, site evaluations or comparative studies afprospective sites.
3.4.3 Praviding speciaf swveys, environmentat studies and submissions required for approvals of govemmental authorities or others having jutisdiction over the
Project.
3.4.4 Praviding services relative to future facilities, systems and equipment.
3.4.5 Providing seivices to investigate existing conditions or facilities or ta make measured drawings thereaf.
3.4.6 Providing services to verify the accuracy of drawings ar other infaimation fucnished by the Owner.
3.4.7 Providing coordivatian of const�uction perfo�tned by separate contractors or by tlie Ownei's own forces and coordination of services required in connection with
constructian pei%nned and equipment supplied by the Owner.
3.4.8 Providrng detailed quantity suiveys or inventories of material, equipmcnt and labor.
3.4.4 Providing analyses of opeiating and maintenance costs.
3.4.10 Making investigations, inventories af rnateiials or equipment, or valuations and detailed app�aisals of existing facilities.
3.4.12 Providing assistance in the ut'rlization of equipment ar systems such as testing, adjustrng and balancing, prepat�tion of apeiation and maintenance manuals,
h�aining persannel for opeiation and maintenance and consultation during aperation.
3.4.13 Providing interior design and sirnilar services required for or in cannection with the selection, procurement or instaltation of fumihtre, furnishings and related
equipment.
3.4.14 Provrding services other than as provided in Section 2.6.4, after issuance to the dwner af tlie final Ceitificate for Payment and expiration of the Wari•anty
period of the Contract for Construction.
3.4.15 Providing seivices of consu(tants for other than architectural, civil, strucharal, mechanical and electrica( engineering portions of the Praject provided as a part af
Basic Services.
3.4.16 Providing any other seivices not otheitivise included in this Agreement or not customarily fuinished in accardance with genecally accepted architectural
pi�actice.
3.417 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, diawings and other data fumished by the Cantractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposat or these Generat Conditions to ttie contraiy, all seivices described in this tlrticte 3 that are
caused or necessitated in whole or in put due to the negligent act or onussion of the Design Professionai shalt be perfoimed by the Design Professional as a p�ut of the
Basic Seivices imder the Agreement with no additional compensation above and beyond U�e campensation due the Design Professianat for the Basic Services. The
inteivening ar concument negligence of the Owner shalt not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 6?WN�R'S RESP�NSIBILITIES
4.1 Tlxe Owner sli�ll consult witlt the Design Professional regarding requirements for llie Project, including (1} Uxe dwner's objectives, (2} scftedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shat( establish and update an overall budget for the Project, including the Construction Cost, the Owner's ather costs and reasonable contingencies
retated to alt of these costs.
4.3 If requested by U7e Design Professian�l, the Owner sl7alt furnisli evidence that financial an�angements have been made ta futfilt the Owner°s obligations under this
Agreement.
4.4 The Owner sha(l designate a representative attthorized to act on the Owner's behalf with respect to the Project. The Owner ar such autho[ized i°epresentative shall
render decisians in a timety manner pertaining to documents submitted Uy the Design Prof'essionat in order to avoid unreasanabte detay in the orderly and sequentiat
progress of the Design ProfessionaPs setvices.
4.5 Wl�ere applicable, the Owner shall fumish surveys desciibing physical char•acteristics, legal limitations and utitity locations for the site of the Project, and a�n7tten
legal descriptian of the site. The surveys and legal infonnation shall include, as applicable, gc�des and lines of streets, alleys, pavements and adjoining propecty and
structm�es; adjacent drainage; rights-of-way, restrictions, easements, encraachments, zo�ting, deed reserictions, boundaries and contours of die site; locatians,
dimensions and necessaty data pe�taining to existing buildings, other impravernents and trees; and information concerning avaitable utility seivices and lines, both
public and private, abave and below grade, including inve�ts and depths. Ail the infonnation on the stuvey shall be refec•enced to a praject benc}unark.
4.6 Where appficable, the Owner shalt fumish the seivices of geotechnical enginee�s when such services are requested by the Design Professional. Such seivices may
inctude but a�•e not limited to test borings, test pits, determinations of soil bearing values, percolatian tests, evalu�ttions of hazardous materials, ground cou•osion and r�
sistivity tests, including necessaiy operations for anticipating sub-soil condifrons, with reports and appropriate professional recornmendations.
4.61 T'he dwner shall fumish the services of ather constdtants when such setvices are reasonabty required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Seivices or Additional Services.
Page 7 6(20/14
4.7 When not a part of tlie Additional Se`vices, U'e Ownei° sha([ fumish stiuchtial, mechanicaf, chernical, air and water potlutian tests, tests of hazai•dous mater�ials,
and other labaiatory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shafl fumish all legal, accounting and insuiance caunseling seivices as may be necessary at any time for the Project, including auditiug services the
Owner may require to verify the Contractor's Appiications for Payment or to asceitain haw or far what pucpases the Contractor has used the money paid by or an
behalf ofthe Owner.
49 The services, information, sutveys aixd reports required by Ownee imder Sections 4.5 tfu�ough 4.8 shalt be fumished at the Owner's expense, and the Design
Prafessional shall be entitled to cely upon the accuiacy and completeness tl�ereaf in tlte absence of any negligence on the pa�t of the Design Professianal.
4.10 The Owner shalt give prompt vtn•itten notice to the Design Professianal if tl�e Owner becomes aware of any fault or defect in the Praject or nonconfom3lnce with
the Cantract Documants.
4.11 Desig�t Prafessional shall prapase language far ce`tificates or ceitifications ta be requested of the Design Professionat ar Desigu Professional°s consultants and
sl�all submit such to the Owner for review and approval at least fou�teen (14} days prior to execution. The dwner agrees not to request certifications that would require
knowledge or set7rices beyond the scope of the Agreement.
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S.I.2 The Construction Cost sl�all include Ule cast at cureent market rates of tabor and materials furnished by the Owner and equipment designed, specified, se[ected or
speciatly provided for by the Design Professional, plus a reasonable allowance for the Contr�ctor's overhead and profit. In addition, a reasonable atfowlnce for con-
tingeucies shalt be included for market conditions at the time of bidding 1nd for changes in tlte work during construction.
51.3 Consttuction Cost does not include the compensation of ttie Design Professional and Design Professional's consultants, the costs af the land, riglits-of-way,
financing or odier costs whiclf are the respansibility of the Qwner as provided in Atticle 4.
�. � -
5.2.1 Evatuations of tl'e Oumer°s Project budget, pc°eliminary estitttates of Canstn`ction Cost and detailed estiinates af Canstnection Cast prepared by the Design
Professional represent flie Design Professional's best judgtttent as a design professiona( familiar witit the constiuction indushy. It is recognized, however, that neither
tlie Design Professional nor the Owner has control over the cost of labor, materials or equipment, over tl�e Contractor's metl7ods of detettnining bid prices, ar over
competitive bidding or rnarket conditions. Accordingly, the Design Professional cannot and does nat warrant or represent that bids or cost proposals witl not vary
from d�e dwner's Project budget or from any estimate of Construction Cast ar evaluation prepared oc agreed to by the Design Professiona[.
5.2.2 No fixed timit of Constructian Cost shatl be estabtished as a condition of the Agreement by dte fumishing, proposat or establisliment of a Project budget, unless
such fixed (imit has heen agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shalt be pemutted
to include contingencies for design, bidding and price escatation, to determine what materiats, equipment, camponent systems and types af construction are to be
inctuded in the Contract Documents, to make reasonabte adjustments in the scope of the Project and to include in ttie Contract Documents alternate bids to adjust ttie
Constiuction Cost to the fixed IimiL Fixed limits, if any, shall be inereased in the amount of an increase in the Contract Sum occuning after execution of the Cantract
for ConshucEion.
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6.i Tlie Diawings, Specifications and other documents prepaz�eci by the Design Professianal for this Project are inshumeuts of the Design Professional's service and shall
become the propecty of the Owner upan teimination or completion of the Agreement. Tlie Design Professianal is entitled to retain copies of all such documents. Sucli
docmnents are intended only be applicable to tliis Project, and Owner's use af such documents in ot�ier projects shatl be at Owner's sote risk and expense. In the event the
Owner uses any of the infonnation or materials develaped pursuant to the Agreamen[ in another project oc• for other purposes than are specified in the Agreement, the Design
Professional is released fram any and all liaUi lity retating to theu• use in that pr�oject
G.2 �ubmission or distribution af documents to meet official regulata�y requirements ar for similar pucposes in connection with the Project is not to be construed as publication
in derogation of tlie Design Professional's reserved rights.
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Page 8 6(20/14 C`��' °!
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7.3 Tlie Agreement rnay be terminated by the Owner upon not less than seven days written notice to tlte Desi� Professional in tlie event that the Project is permanently
abandoned. If tlre Project is abandoned by the Owner for more than 96 consecutive days, [he Design Professianal or the Owner may tennina[e the A,greement by giving wriiten
notice.
7.4 Failuc°e of the Owne[° to make payments to the Design Professionat for work satisfactoiily campleted in accordance with the ,4greement shall be cansidered substantial non-
perF'ocmance and cause for terminatian.
7.5 ff the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for seivices properly and satisfactoiily perfarnled, the Design
Professional may, upan seven days turitten notice ta the dwner, suspend perfotmance of services under the Agreement.
7.6 In the event of terniination noi fl�e fault of the Design Professional, the Design Professronal shall be compensated for setvices properly and satisfactadly perfonned prior to
tenninatian.
EiRTICLE 8 PAYMENTS TO THE I3ESIGN PF20FG�SIONAL,
S.1 I?IR�CT PERSCDNNEL E �NS�
8.1.1 Direct Personnel �xpense is defined as the dii°ect sal�ries of the Design Professional's peisonnel engaged on the Project and the poition af the cost of their
mandatory and customa�y contributions aixd benefits related thereto, such as employment taxes and other statutoiy employee benefits, insurance, sick leave, holidays,
vacations, pensions aird similar cont�ibutions and benefits.
8.2 I2EYNffiiJRSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additionai Se`vices and include expenses incu«�ed by tlie Design Prafessional and
Design ProfessionaPs employees and consultants in the iuterest af t(te Project, as ideutified in the f'ollowing Clauses.
$.2.1.1 Expense of transportation in ca�mectiou with the Project; expenses in connection with autharized out-of-town travel; lang-distance cotrununications;
and fees paid for securing approval of authorities ltavingjurisdiction over• the Project.
8.21.2 Expense of reproductions (except the reproduction of the sets of documents ref'erenced in Subsection 2.6.19}, postage and handling af Diawings,
Specifications and otl�er documents.
8.2.1.3 If authocized in advance by tlie Owner, expense of overtime work requiring higher than regular rates.
8.2.Y.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and dc�afting equipment time when used in connection wifli tl'e Pi•oject.
5.21.6 Other expenses that are approved in advance in writing by the bwner.
8.3 PAYMENi'S 6�N ACCOUN'� C71F �ASIC SER�dC�S
8.3.1 Payments foi• Basic Seivices shall be made rnonthly and, where applicable, shall be in pi°opottion to services pec�fo`med within each phase of service, on the
basis set farth in Section 2 of the Agreement and the schedute of work.
8.3.2 If and to the extent that the time initialty established in the Agreement is exceeded or extended through no fauit of the Design Professional, compensation for any
services rendered duiing the additional period of time shati be computed in the manner set fortli in Section 2 of the Agreement.
8.3.3 When compensation is based on a pei�centage of Construction Cost and any portions of flie Project are deteted or otheiwise not conshucted, compensatian for
those paitions of the Project shall be payable to the extent services a�•e performed on those portions, in accardance with the schedule set foith in Section 2 of the
Agreement based on (1) the lowest bona fide bid ar (2} if no such bid or proposal is received, the most recent pretiminaty estunate af Construction Cost or detailed
estimate of Conshuction Cost for such portions of the Praject.
8.4 PAYMENTS �N ACC�UNi' OF AIDDITiONAL SEItVi��S
8.4.1 Payments on account of the Design Prafessional's Additional Services and foc- Reimbursable Expenses shall be made monthly within 30 days afier the
presentation to the Owner of the Design ProfessionaCs stateinent of se�vices rendered or expenses incurred.
8.5 PAYMENTS WITHH�LD No deductions sh11t be made from the Design Professional`s compensation an account ofpenafty, liquidated damages or ott7er sums withheld
from payments to contractors, or an account of the cost of changes in tlie work other than those for which the Design Prof'essional is responsible.
8.6 IIESIGN �ROi'ESSI�NAL'S A�COiTNTING I2ECdRY3S Design Professional shall make available to Owner or Owner's authorized representative recards of
Reimbuisable Expenses and expenses pertaining to Additionaf Seivices and seiVices performed on Uie basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for t}vee yeais after the date of the final Certificate of Payment, or until any litigatian related to the Project is final, whichever date is
later.
AR'd'ICLE 9 IND�MNITY
9.1 The Design Professional shall indenu7ify and save and hold haimless the Owner and its officers, agents, and employees frorn and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to couit costs and reasanabie atto�ney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injuiy, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or emplayees in the performance of the Agreement.
4.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreernent, and nathing herein shall waive any of the parties' def'enses,
both at law ar equity, ta any clairn, cause of action, or litrgation filed by anyone not a party to the Agreernent, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
Page 9 6(20f14
ARTTCI,E lOINSU NCE During tlte perfaimance of the Services under the Agreement, Design ProPessional shatl maintain the following insurance witl' an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commissian or any successor agency that has a rating with Best
Rate Can•iers of at least an .4- or abave:
10.1 Comprehensive Generat Liability Insurance with bodiEy injury limits of not less than $1,000,66d for each accurrence and not less than $2,Odb,dQO in the aggregate,
and witti property damage limits of'not less than $100,000 for eacli occurrence and not tess than $250,Odb in the aggcegate.
10.2 Autamobile Liability Insurance with bodily injuYy limits af not less Yhan �SQ6,Q00 for each person and not tess than $SOQ,OOQ for each accident, and with progerty
damage limits of not less than $1dQ,Q00 %r each accident.
10.3 Worker's Compensation litsurance rn accordance witli statutoiy requirements, and Employers' Liability Insurance with limi[s of not less than $lOd,Q00 far each
accidentincluding occupational disease.
10.4 Professional Liability Insurince with limits of not less than $1,OOQ,Q00 annual aggregate.
10.5 The Design Professional shall fitruish insurance certifrcates or insurarsce policies to the Owner evidencing insurance in coiupliaiice with this .4rticle l0 at the time
of the execution of the Agreernent. The Genei•al Liability and Atttomobile Li�bility insui•ance polrcies shatl name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in f�vor of the Owner, aiid each policy shall contain a provision that such insurance sl7all not be canceled or
modified withaut t(iiity (30} days' prior written notice to Owner aitd Design Professional. Lt such event, the Desigu Prof'essional shall, prior to tl�e effective date of the
cha�tge or cancellatian, fuiY7ish dwner with substitute certificates of insurance meeting the requirements of this A��ticle 10.
ARTICLE 11 MI3�ELLANE�lJS PROVISI�NS
I1.1 The Agreement shall be goveined by tlte laws of the State of Texas. Venue of any suit ar cause of action undei• tlie Agrecment shalE lie exclusively in Dentan Cauuty,
Texas.
11.2 Tlte Owner and Design Professianal, i°espectively, bind tltemselves, tlteir paetne�s, suecessocs, assigns arxd legal fl°epi°esentatives to tlse ott'ei° paY-ty to this Agreement and to
t17e pattners, successors, assigns and legat representatives of such other pa�ty witlti respect ta al( covenants of this Agreement. Tlie Design Professional shalt not assigi its
iuterests in the Agreement witltout the written cansent of the O�tmer.
11.3 The temt Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attaclunents referenced in Section 3 af the
Agreement whicl7 tagetlter represent the entire and integrated agreement between tl�e Owner and Design Professiona( and supeisedes all piior negotiations, representations or
agreements, eitl�er written oi° oral. 1'he ,4greement may he amended only by written inshument signeci by both Owner and Design Pc°ofessional. When interpreting the
Agreement 8se executed Agreement, Proposal, tliese General Conditions and tlte otl7er attachments referenced rn Section 3 of the Agreement shatt to the extent that is
reasonably possible be read so as to haimonize the provrsions. However, should tlte provisions of these dacuments be in conflict so tl�at they can not be reasonably haimanized,
such dacuntents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 af the Agreement ott�er than the Praposat
3. These Gene��al Pravisions
4. The Proposal
11.4 Nathing contained in the Agreement shalt ci°eate a contcach`at relationship with or a cause of action in favor of° a third party against either ttte Owner or Desigtt
Professional.
11.5 Upon receipt of prior wiitten approval of Owner, [he Design Prafessional shatl have the right to inclttde representations of the design of the Praject, inctuding photographs
of tlie exteiiar and intedor, amang the Design ProfessionaPs pramatioual and professional rnateiials. The Design Professional's materials shall not include the Owner's
canfidentiat or propeietaty infomiatian if the dwner has previously advised the Design Professianal in writing af tlie specific infatmation cansidered by the Owner to be confi-
dential ar propiietary. The Owner shall provide professionat credit for the Design Professional an flte construction sign and in the promotianal materials for the Project.
11.6 Approval by the Owner shall not canstitute, nor be deemed a release af the responsibility and liabiiity of the Design Professional, its employees, as�ociates, agents,
sixbconh�actars, and subconsultants f'or tlie accuracy and competency of their designs or other work; nor shall such appraval be deemed to be an assumption of such
respousibility by the Owner for any defect in the design or ather work prepared by the Design Professional, its employees, subconh�actors, agents, and consuttlnts.
11.7 Atl notices, communicatians, and reports required or pee-mitted under the Agreement shall be personatty delivered or maited to the respective parties by depositing
same in the United States mail to ttie address shown betow signature block on the Agreement, certified mait, return receipt requested, untess otherwise specified herein.
All notices shall be deemed effective upan receipt by the party ta wtiom sucli notice is given, or within three (3} days af�er mailing.
I1.8 Tf'sny pravision af the Agreement is found or deemed by a coutt of competent jurisdictian to be invalid or unenforceable, it shall be cansidered severabte from the
remainder af the Agreement and shall not cause the remainder to be inva(id ar unenforceable. In such event, the parties shatl reform the Agreement to replace such
stricken provision with a vatid and enfarceable provision whicli comes as close as possible ta expressing the intentian of the stricken provision.
1I.9 The Design Professional shall camply with all f'ederal, state, and local laws, iules, regulatians, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended dudng the term of fhis Agreernent.
ir.10 In performing the 5ervices required hereunder, the Design Professional shatl not discrimin�te against any person on the basis of race, color, religian, sex,
national arigin or aucestry, age, or physical handicap.
11.11 The captions of the Agreement are for infarniational purposes only, and shall not in any way affect the substantive terms or condiiians of the Agreement.
Page 10 6/20/14 ��
ATTACHMENT A
__ _ _
___ _
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
� . ..
For vendor or other person doing business with local governmental entity
.
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
� Name �rf person v�th� Y�as a business relationship with local governmental entity.
2
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7�h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer o�the questionnaire?
- Yes � No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
� Yes � No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
� Yes � No
D. Describe each affiliation or business relationship.
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Adopted 06/29/2007
Page 11 6/20/14
ATTACHMENT B
GENERAL SCOPE OF SERVICES':
During the course of the project the Engineer shall act as the City of Denton's design team
representative, issuing all instructions of the City of Denton to the contractors which are not at
variance with acceptable Engineering standards.
Communicate to the City of Denton the contractor's issues during construction requiring City of
Denton's attention or decisions.
Review the work from time to time and report to the City of Denton any observed defects
requiring action by the City of Denton or contractor before satisfactory completion of the project.
The Engineer does not have the authority under this agreement to suspend work or alter, in any
substantial way, the agreement between the City of Denton and contractor. The Engineer shall
refer such issues as may arise to the City of Denton for consideration and action.
The Engineer does not have responsibility for jobsite safety for the contractor or city. The
contractor alone shall be required to secure the site and provide safe working conditions at the
site for his employees, agents, subcontractors, vendors, installers or other persons visiting the
site. The Engineer does not have responsibility nor any duty or obligation to observe, detect or
report observed violations of generally accepted safety protocol but may choose to do so.
The Engineer shall not, without instructio
for his services, be obligated to perform
shown in this agreement.
SPECIFIC SCOPE OF SERVICES:
n in writing from the City of Denton and compensation
any of the work specifically excluded from his scope
Engineer proposes to perform the following design services:
Geometric configuration:
a. Demolition plans for old structures
b. Design altered shapes, depths, dimensions, of pool(s).
c. Locations for play features: slides and fountains.
d. Vaults, pits, mechanical spaces.
e. Decks, walks, within the pool fence.
f. Pool overflow gutter perimeter system and coping.
g. Handicapped accessibility facilities.
2. Pool mechanical systems:
a. Sizes and locations of all pipes, fittings and valves for pool
b. Pump and filter circulation systems for all pools.
c. Sizing and specifying all pumps and filters.
d. Backwash or drain systems design as required.
e. Chemical feed systems. Chemical monitoring/control systems.
f. Pool heating where required.
g. Slide and water feature pumps and piping
h. Make-up water supply and drain systems.
i. Deck drainage.
Page 12 6/20114
SPECIFIC SCOPE OF SERVICES (Continued):
3. Pool electrical systems:
a. Electrical distribution design from the public utility service point.
b. Distribution to mechanical and lighting systems.
c. Electrical distribution for cleaning apparatus.
d. Electrical distribution for portable food carts.
4. Design underwater lighting.
a. Select underwater lighting components if any.
b. Prepare circuit designs for underwater lighting.
5. Site overhead lighting design.
a. Review existing overhead light design and conduct light meter testing at night.
b. Select alternative overhead lighting luminaires and poles.
c. Prepare circuit designs for overhead lighting.
6. Pool structures:
a. Design of structural modifications for pool structures and features.
b. Design of pits, surge tanks, and other concrete related to the pool structures
including pool trim and finishes.
7. Aquatic features:
a. Design and/or assist City of Denton in theming, selecting, pricing, and
ordering manufactured water features.
b. Design the foundations and support for water features.
c. Design the mechanical piping systems for water features including the pipe and
valve manifolds and interactive play controllers.
d. Design all slide pumps and slide recirculation.
8. Bath house, admissions and concessions
a. Review bath house, admissions and concessions for compliance with applicable
Texas Accessibility Standards and the ADA.
b. Design renovations to the buildings including but not limited to improvements in
roofing, ventilation, lighting, wall and floor finishes, and handicapped accessibility.
c. Design any building structural modifications or floor plan changes and changes in use.
The work will take place in several milestones or phases: For our basic services fee proposed below,
Engineer proposes to do the work in phases as follows:
CONCEPT DEVELOPMENT PHASE
In concept development, Engineer will:
• Meet in City of Denton office in Denton or the site for a design meeting to share
ideas, develop a sense of the project and discuss the City of Denton's overall design intent,
• Make measurements of the building and site as Engineer may require for design.
• Prepare scaled drawings of the site plan as the project begins to take form and submit
them to City of Denton. These drawings are for purposes of defining the scope of
the project for the design team and the City of Denton.
• Research and evaluate optional designs and equipment for value and appropriateness
for the project.
• Check preliminary water and sewer loads, preliminary electrical loads and anticipated
operating costs for utilities.
Page 13 6/20114
SCHEMATIC C}E�IGN PHASE
Following development of an approved CONCEPT Engineer shall begin the Schematic Design. During
the Schematic Design (SD) Phase Engineer will firm up the work to be performed by the construction
contractor under the designs by the Engineer. In this phase the scope of the project is defined for all later
phases:
• Identify the engineering issues with the project and prepare a list of code compliance issues
to be overcome in the project.
• Identify areas of improvement in appearance, function, management operations, and
maintenance and bring to City of Denton's attention.
• Prepare initial sketches for the work and present available options for City of Denton
consideration.
• Collaborate with City of Denton to develop the draft plan showing water features including
swimming pools, slides, fountains, water play features, decks, and entry ways for the
project.
• Meet with City of Denton to discuss the draft schematic plan.
• Coordinate with City of Denton concerning the need for mechanical spaces, sizes of
spaces, utilities to mechanical rooms, noise, moisture control, access control and other
issues.
• Prepare a draft construction budget giving the Engineer's opinion of the probable
construction cost based on the preliminary and schematic scope of work.
DESIGN �7�1J�L�PMENT PHASE
Following approval of the Schematic Design documents, Engineer will prepare Design Development
documents in which Engineer "flesh out" the details. In this phase, most of the products are selected,
colors and themes are approved, shapes are set, and materials and finishes are settled upon. Engineer
will:
• Calculate electrical loading requirements for pool and building.
• Integrate, wherever possible, energy conservation, waste recycling and water recovery of
water into our design.
• Prepare more fully evolved concepts and prepare schematic diagrams, plans and typical
sections of the water features including finishes and review with City of Denton.
• Consider alternate methods of construction, mechanical systems or water treatment and
discuss with City of Denton.
• Establish the final elevations, profiles, sections and other water feature structure geometry.
• Provide designs for handicapped accessibility in the design of walks, decks, and water
features.
• Provide mechanical and structural engineering designs for the pool system needed
including full specifications of equipment. Prepare DD phase drawings for milestone
completion and review with City of Denton. This is the final step before Engineer can
complete the construction/permitting drawings.
• Design Development Drawings, while representing most of the final decisions as to the
appearance and functionality of the project, and full of significant and important information,
are not, in and of themselves, complete enough from which to construct the project. More
detailed design is necessary under the next phase.
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CONSTRUCTION C�+���JMENTS PHASE
Following approval of the Design Development documents and authorization to proceed, Engineer will
begin the preparation of construction documents which are necessary for the bidding and contracting of
the work by qualified construction contractors experienced in projects of this type. During the Construction
Documents Phase Engineer will:
• Prepare detailed construction drawings for the actual construction, modification or
installation of water feature shells, finishes, underwater lighting, circulation equipment and
water treatment systems, water conservation and recovery equipment, electronic controls
and chemical feeders, deck markings, hand rails, steps, ramps, heaters/chillers and
backwash systems and all the other systems listed on the first page of this proposal.
• Prepare detailed specifications and submittals for the purchase, fabrication, or construction
of water feature systems and support systems described above.
• Coordinate Engineer's drawings with the details provided by other design professionals.
• Provide digital copies of construction documents to a shared website for access by the
various contractors and vendors.
• Assist the city staff in preparing general form of agreement, forms of bonding, insurance
and certifications; general conditions; special conditions and instructions, and technical
specifications.
• Engineer will submit plans on City of Denton's behalf to a registered accessibility specialist
of the city's selection and register the project with the Texas Department of Licensing and
Regulation. Fees are to be paid by the City of Denton for the review and inspection.
• Engineer will prepare an opinion of probable construction cost.
CONSTRUCTION PHASE
During the construction phase Engineer will:
• Engineer will assist the contractor in obtaining a building permit for the work by providing
technical information and making minor changes which may be required by the city building
officials.
• Conduct a pre-bid meeting on site to familiarize bidders with the project in anticipation of
their preparation of competitive proposals to perform the work.
• Review and evaluate on the city's behalf the competitive proposals from the construction
contractors and recommend a course of action related to the proposals.
• Conduct a preconstruction meeting with the contractor and interested parties prior to the
start of construction.
• Assist the contractor for the construction of the work by interpreting the construction
documents, rendering decisions and interpretations in a timely manner.
• Make site visits to review the progress of the work when substantive construction is taking
place. The purpose of the site visit will be to determine if the contractors are in substantial
compliance with the intent of the construction documents and to bring to City of Denton's
attention any issues or unacceptable work. Site visits will be on the following schedule but
not less often than twice per month:
- At completion of demolition before rehab work begins
- At completion of reinforcing steel placement before concrete is installed.
- At completion of rough in plumbing (long piping) before burial
- At completion of short piping (mechanical room piping)
- At commissioning of the work, start up and testing of systems.
• Review and comment on the vendor and contractors' submittals.
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CONSTRUCTION PHASE (Con#inuedl
• Review and comment on the contractor's Requests for Substitution. Evaluate products for
equality to those specified and render an opinion.
• Review and comment on the contractor's request for supplemental information. Provide
sketches or other information to clarify the design intent to the contractor when necessary.
• Review and comment on the contractor's progress payment applications each month.
• Process any change orders and recommend disposition of these change orders to the City
of Denton.
• Conduct a`punch list' review of the project listing any work remaining to be completed and
any work not found in compliance with the intent of the construction documents.
• Conduct a final review of the project to determine that the punch list items have been
resolved.
• Conduct a commissioning visit to test all working components for compliance with the intent
of the construction documents and prepare a commissioning report to the City of Denton.
• Review the contractor's close out documents and manuals which he is required to
assemble.
E3��CLUSIONS AND CLARIFIC�"tTI�N�
1) Engineer has excluded from his scope any design outside the pool enclosure fence. All
parking lots, traffic flows, sidewalks, planters, lighting, signage, storm drainage and
water/sewer utilities outside the fence are excluded from our fee.
2) Engineer is not a contractor. No construction or installation is included in any way.
3) Engineer will design the backwash/blow down system for each filter to a discharge point at
the mechanical equipment location for each water feature. Engineer will provide for an air-
gap and an equalization tank if one is necessary.
4) Engineer has not included any surveying services. This would include as-built surveys or
staking for construction.
5) Engineer has not included any taxes, duties, levies, or any other fees charged by local
government for any reviews, permits or other purposes. Quoted fees are net of any of these
taxes if they are imposed.
6) Engineer has not included in our fees the services of a resident project representative to be
present at the project. Engineer's presence on the site will be limited to intermittent on-site
visits by the Engineer or his authorized representatives during construction.
7) Engineer has not included any geotechnical services or construction quality control testing
in his fees.
8) Engineer has not included the design of any landscaping planting beds, irrigation systems
or landscape lighting (other than providing power for a landscape lighting system).
9) Engineer has not included the cost of a professional estimator or fees to compensate a
contractor for preparation of a cost estimate. Engineer will render an opinion of probable
cost but does not warrant such opinion as being representative of the final cost of the
project or any portion thereof.
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PROFESSI�NAL FEES
Engineer propose a fixed fee for the above phases of Engineering from CONCEPT through
CONSTRUCTION ADMINISTRATION SERVICES including all travel to and from the site and City
of Denton offices, services of any sub-consultants Engineer may hire, communications costs,
insurance, personnel time and overhead, to be ONE HUNDRED THIRTY EIGHT THOUSAND
AND NO/100 DOLLARS ( $138,000).
The invoicing of these fees will be by progress billings mailed to the City of Denton billed at the
completion of each phase as scheduled below after submission of and acceptance by the city of
deliverables for each phase. Except, the construction phase shall be billed monthly during
construction equal to the percentage of completion reported by the contractor on his own progress
payment applications.
CONCEPTUALPHASE
SCHEMATIC
DESIGN DEV. DRAWINGS
CONSTRUCTION DOCUMENTS
BIDDING/TENDER OFFER STAGE
CONSTRUCTION PHASE/COMPLETION
TOTAL BASIC SERVICES FEE
10% $ 13,800
15% $ 20,700
25% $ 34,500
30% $ 41,400
20% $ 27,600
100% $ 138,000
August 15, 2014
September 5, 2014
September 26, 2014
October 24, 2014
May 1, 2015
The foregoing schedule contemplates prompt review and decision making by the city. Any delays
in review or action on behalf of the city could adversely affect this schedule.
ADDIT_I.ONAL SERVICES
Engineer has listed several exclusions above. Some of these services can be provided if City of
Denton so chooses. Additional work scope will either be negotiated as a lump sum fee or billed
according to Engineer's normal hourly rates plus reimbursable travel expenses. For additional
services contracted out by Engineer, Engineer will invoice City of Denton at actual cost plus ten (10)
percent. "Actual cost" means the total invoice Engineer receives for the contracted services.
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