2015-040ORDINANCE NO. 2015 -040
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ENGINEERING SERVICES ASSOCIATED WITH THE CITY
OF DENTON 2015 AND 2016 FISCAL YEAR WASTEWATER COLLECTION SYSTEM
REHABILITATION PROJECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5756— AWARDED TO TEAGUE
NALL AND PERKINS, INC. IN AN AMOUNT NOT -TO- EXCEED $286,730).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Teague Nall and Perkins, Inc. to provide professional engineering services for the
Wastewater Collection System Rehabilitation Projects , 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 5756 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. m ......
SECTION 5. IT This ordinance shall become effective immediately upon its passage and
approval.
/ %
PASSED AND APPROVED this the day of 2015, mm �IT�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PP vi",
D S
� ) 's
AR"VE TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
1111 �,C�;:,l�Ia?Ml; � "1" is made and entered into as of the � day of
2()1.5, b'y a -ild laiclwve n the City of Denton, Texas, a Texas municipal
c.orporati'la, witli its principal office alt 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 1517 Centre Place Drive, Suite 320, Denton, Texas 76205 hereinafter
called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Professional Engineering and Surveying Services for 2015 and 2016 Wastewater
Collection System Improvement Project
(includes Attachments A and B)
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the Fixed Fee compensation shall be $ 190,730.
2.1.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been
completed.
2.2 SPECIAL SERVICES
2.2.1 Compensation for Special Services shall be $93,500.
2.2.2 Progress payments for Special Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services shall be based on negotiated fees for
each item of service provided, as mutually agreed to by the ENGINEER and CITY.
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a multiple
of 1.10 times the amounts billed to the Design Professional for such additional
services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.00 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of 2,500 without the prior written approval of the Owner.
2.4 TOTAL CONTRACT AMOUNT $ 286,730
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Attachments A through B .
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
Jl, "N' i1141',X WEAL` "C"HS ("I °Y SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA 1 [.71It�1.SS CITY A17 RNI-iY
Teague Nall and Perkins, Inc.
BYw
.y aw µ1 , Vickery, P. _�....... —.
116icipal.
WITNESS:
BY:Gl
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement ")
and proposal (the "Proposal ") to which these General Conditions are attached) performed by the Architect or Engineer
(hereinafter called the "Design Professional ") or Design Professional's employees and consultants as enumerated in Articles 2
and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services ").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards
consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same
locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care ").
The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of
the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the
performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time
required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule and approved by the Owner shall not except for reasonable cause, be exceeded by the Design
Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2 2
through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical
engineering services and any other engineering services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Section 2,4. The Basic Services may be modified by the Agreement
2.2 SCHEMATIC DESIGN PHASE (See attachments for detailed scope information)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owner's needs and to establish the requirements for the Project,
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and
construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall
prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the
scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shal l submit to the Owner a preliminary detailed estimate of Construction Cost based on current
area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period of time from the commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE (N /A)
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, sche-
dule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fox and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all
applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design
Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE (See attachments for detailed scope Information)
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project
or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information,
bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor.
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2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost
indicated by changes in requirements or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required
for the approval of govemmental authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT (See attachments for detailed scope Information)
2.5.1 The Design Professional, following the Owners approval of the Construction Documents and of the latest preliminary
detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any
procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process.
Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole
discretion of the Owner
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the
approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to
reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total
construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT (See attachments for
detailed scope information)
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate
for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For
design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Con-
tract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the
administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central
Texas Council of Govemments, current as of the date of the Agreement, unless otherwise provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted,
modified or extended without written agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction,
and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Con-
struction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the
Agreement and these General Conditions, unless otherwise modified by written instrument,
2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is
in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being
performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design
Professional shall provide Owner a written report subsequent to each on -site visit. On the basis of on -site observations the
Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care
and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the
Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design
Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design
Professional's Services hereunder or of the Project itselfshall in no way alter the Design Professional's obligations or the Owner's
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design
Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The
Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions ofthe work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the
Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for
Payment, the Design Professional shall review and certify the amounts due the Contractor.
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UnK"WAITE"
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or
Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic
Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the
Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the
Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such
Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services.
Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not
required due to the negligence or fault of Design Professional.
inconsistent with approvals or instructions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents, or
3, due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality,
complexity, or the Owners schedule, except for services required under Subsection 2 5.2
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec-
tion with Change Orders and Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing
services required in connection with the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the
Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with
the wok
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design
Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents
Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
33.9.
tKI
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ARTICLE 4 'S RESPONSIBILITIES
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5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or
specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the
Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at
the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the
costs ofthe land, rights-of-way, financing or other costs which are the responsibility ofthe Owner as provided in Article 4,
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget preliminary estimates of Construction Cost and detailed estimates of Construc-
tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials or equipment over the Contractors methods of determining bid prices, or over competitive bidding or
market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals
will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto If
such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution ofthe Contract for Construction.
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6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of
the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement,
The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to
this Project and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes
than are specified in the Agreement the Design Professional is released from any and all liability relating to their use in that
project
11, � I
KIM [oil MWMN DIN61 11MANVION MINIM 1. 1 -111, J 1 1
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8.2.1.6 Other expenses that are approved in advance in writing by the Owner
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional, compensation for any services rendered during the additional period of time shall be computed in the
manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise
not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate Of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
work other than those for which the Design Professional is responsible.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees
from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court
costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, shareholders, agents, or employees in the execution, operation, or performance of the Agreement.
ARTICLE 10 INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance
with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 for each accident, and with property damage limits of not less than $100,000 for each accident,
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate
Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute
certificates of insurance meeting the requirements of this Article 10.
W
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the
Agreement shall lie exclusively in Denton County, Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal represen-
tatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party
with respect to all covenants of this Agreement, The Design Professional shall not assign its interests in the Agreement without
the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other
attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the
Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The
Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the
Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given
priority in the following order:
The executed Agreement
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ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
2015 and 2016 Wastewater
Collection System Improvements Project
CITY OF DENTON
BASIC SERVICES
PROJECT DESCRIPTION
The scope set forth herein defines the work to be performed by the ENGINEER in completing the
project. Both the CITY and ENGINEER have attempted to clearly define the work to be
performed and address the needs of the Project.
WORK TO BE PERFORMED
The project involves the replacement of existing sanitary sewer lines in public right -of -way at the
following locations:
2015 Wastewater Collection System Rehabilitation Project
Sycamore: From M 425' west of Bernard to the alley east of Bernard and down alley,
approximately 1,130'
Briercliff: From Brighton to Regal, approximately 1,020'
Bernard: From Prairie to Eagle, approximately 1,290'
Oillcrest: From Panhandle to Scripture, approximately 1,000'
Malone: From 170' south of Broadway to Jagoe, approximately 1,050'
Scripture: From 180' west of Ector to Jagoe, approximately 1,300'
Sena: From Ector to Bradley & from Gober to 1 00' west of Malone, approximately 650'
Panhandle: From Aileen to Malone, approximately 1,070'
Total Length approximately 8,510'.
2016 Wastewater Collection System Rehabilitation Project
Uland: From Railroad Ave to 90' east of Rose, approximately 1,200'
Paisley: From 150' east of Frame to Ruddell, approximately 2,000'
Wood: From Mulberry to Sycamore, approximately 300'
Kendolph: From 600' south of Underwood to 500' north of Willowwood, approximately 930'
Ave B: From Margie to Underwood, approximately 420'
West Hickory: From Bonnie Brae to 85' east of Ave H, approximately 560'
West Hickory: From Ave D to Ave C, approximately 610'
West Hickory: At West Hickory and Welch, approximately 70'
West Hickory: From Bernard to Denton, approximately 670'
Thomas: From Linden to Panhandle, approximately 730'
Rose: From 60' south of Paisley to 150' north of Lehrman, approximately 420'
N Texas Blvd: From Chestnut to Hickory & from Ave D to Ave F, down Ave F to Stella,
approximately 3,150'
Total Length approximately 11,060'.
Unless indicated otherwise, segments of replacement will terminate at manholes, either existing or
proposed.
Attachment A - Page 1 of 8
Assumptions and Clarifications
The following assumptions were used by the ENGINEER for the preparation of this scope of
Basic Services:
The 2015 rehab project scope of work will consist of three phases: design, bidding
and construction. Alternatively, the 2016 rehab project will only be composed of the
design phase, with the construction phase to be performed by in -house forces.
2. The approximate lengths indicated above are based on exhibits provided by the
City.
3. The City will provide TV inspection data and other information regarding the
condition of the sanitary sewer lines for use by the ENGINEER in making
recommendations.
4. Field surveys are included as a part of the scope of this agreement. Because the
relocation proposed near Fouts Street will require services to be run from the
street to the rear of the house, additional survey will be necessary to ensure a
suitable route for the services exists.
5, A detailed Subsurface Utility Engineering investigation is not a part of the scope of
this agreement. The ENGINEER will attempt to have DIGTESS locate existing
utilities prior to the field surveys.
6. It is assumed that all of the rehabilitation work in the 2015 project will be bid as one
project.
7. Plan and profile sheets will be prepared for all of the replacements listed above,
assuming open cut replacement. Plan and profile sheets will be prepared as 24 "x
36" sheets, using a 1" = 40' scale. Existing property owners will not be shown on
the plans, but street addresses will be shown.
8. The CITY will make GIS shape files available that show buildings and other
pertinent data.
9. No traffic control plans will be prepared as part of the scope of this agreement,
other than to provide performance requirements that the contractor must comply
with in his preparation of a traffic control plan.
10. A geotechnical investigation is not a part of the scope of this agreement.
11. Materials testing during construction is not included in the scope of work.
12. ENGINEER assumes that no geotechnical work will be associated with this
scope of services. Efforts related to providing or coordinating any geotechnical
work shall be considered an additional service. The ENGINEER shall coordinate
with the CITY to determine the pavement section to be used for the pavement
replacement work.
Attachment A - Page 2 of 8
13. ENGINEER assumes that no system modeling will be associated with this scope
of services.
14. Public meetings are not anticipated, and are not a part of the scope of this
agreement.
Scone of Basic Services
The scope of this work is described as follows:
A. Design Meetings
The ENGINEER will conduct a project kickoff meeting with City staff to clarify
responsibilities, to specify phasing and other issues not yet finalized, and to
review the project schedule, which the ENGINEER will provide at the meeting.
2. The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the final design phase of the project.
PRELIMINARY DESIGN (60 PERCENT)
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
1. Development of Preliminary Design Drawings and Specifications shall include the following:
• Cover Sheet and General Notes Sheet
• Overall Sewer Layout and Control Sheets. The sewer layout sheet shall identify the
proposed sewer main improvement/ existing sewer mains in the vicinity and all sewer
appurtenances.
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in
the same coordinate system as the Control Points.
• Sewer Plan and profile sheets at 1"=40' which show the following: proposed sewer
plan /profile and proposed pipe size, manhole locations, existing service lines,
existing utilities and utility easements, and all pertinent information needed to
construct the project. Street addresses shall be provided on the plan view. It is
anticipated that all of the existing sewer lines will be reconstructed in place to the
ROW line. Right -of -way lines will be approximate and nominal, based on GIS data
and /or readily available plat data. The field survey effort will not include locating lot
corners or ownership research.
• The ENGINEER shall make provisions for reconnecting all identifiable sewer service
lines which connect directly to any main being replaced, including replacement of
existing service lines within City right -of -way or utility easement. When the existing
alignment of a water and sanitary sewer main or lateral is changed, provisions will be
made in the final plans and /or specifications by the ENGINEER to relocate all service
Attachment A - Page 3 of 8
lines which are connected to the existing main and connect said service lines to the
relocated main.
• The ENGINEER will prepare special details for water and sewer line installation and /or
replacement that are not already included CITY's standard details.
2. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule
a project site visit to walk the project. The CITY will be notified of the site visit and
may attend if desired. If the CITY attends, the ENGINEER will summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
3. Utility Clearance
• The ENGINEER will consult with the CITY's Water Utilities Department, and other
CITY departments, public utilities, private utilities and government agencies in an
attempt to determine the approximate location of above and underground utilities,
and other facilities (current and future) that have an impact or influence on the
project.
4. Traffic Control Plan
• Traffic Control and Phasing shall be the responsibility of the construction contractor..
5. Storm Water Pollution Prevention Plan
• The SWPPP shall be the responsibility of the construction contractor.
DELIVERABLES
• 4 copies of the preliminary design plans will be delivered to the City along with the
Preliminary Opinion of Probable Construction Cost (2015 Wastewater Collection System
Rehabilitation Project).
• ENGINEER shall prepare and distribute meeting minutes from the Preliminary
Design Review meeting.
• ENGINEER shall not proceed with Final Design activities without obtaining the
CITY's approval of the Preliminary Design Plans.
FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100
PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows:,
1. Development of Final Design Drawings and Specifications shall include the following:
• The final plans shall include completed versions of all plan sheets associated with
the preliminary plan submittal plus the CITY's standard details and any other plan
sheets that were identified during the review of the preliminary plans or the
development of the final plans.
• Proposal, technical specifications and documents not covered by the CITY's
standard specifications and contract documents. The bid documents will be
Attachment A - Page 4 of 8
structured such that each replacement identified above will be a separate section
and could be eliminated from the construction project after bids are received, at the
CITY's discretion.
• Final plans and specifications will be submitted to CITY per the approved Project
Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER
shall submit Construction Documents (100 %) to the CITY per the approved Project
Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER
registered in State of Texas.
• The ENGINEER shall submit a final opinion of probable construction cost with both
the 90% and 100% design packages.
DELIVERABLES
• 4 copies of the final design plans (90% and 100 %) will be delivered to the City. For
the 2015 Wastewater Collection System Rehabilitation Project, specifications and a
final Opinion of Probable Construction Cost.
• ENGINEER shall prepare and distribute meeting minutes from the Final Design
Review meeting.
BIDDING & CONTRACT AWARD PHASE (2015 PROJECT ONLY)
For the 2015 Wastewater Collection System Rehabilitation Project, the ENGINEER
will provide to the CITY a Notice to Bidders for advertisement of the project for bid.
The CITY shall bear the cost of advertisement. The ENGINEER shall provide up to
15 CDs and hardcopy sets of construction plans, specifications and contract
documents for use in obtaining bids, awarding contracts, and constructing the
project. Additional sets of plans required will be considered Additional Services and
will be paid for by the CITY at commercial printing rates. The CITY shall be
responsible for dispersing all plans and specifications from its purchasing department
to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding & Contract
Award phase by responding to bidder and CITY questions, attending a Pre -Bid
meeting, attending the Bid Opening, reviewing the bids, preparing a bid tabulation (if
requested), reviewing bidder qualifications and references, and making a
recommendation of award to the CITY. ENGINEER will prepare necessary addenda
during the bidding phase for distribution by the City of Denton Purchasing
Department.
Attachment A - Page 5 of 8
CONSTRUCTION PHASE
Construction Support
The ENGINEER will provide limited construction support for the project within the scope
of Basic Services as outlined below. Detailed daily construction inspection and project
oversight will be performed by the CITY. Any construction phase services requested by
the CITY beyond those described below will be provided as Additional Services.
Prepare and submit record drawings (electronic and Mylar) based on information
provided by the Contractor and the City inspector. The fee shown for preparation
of record drawings assumes that the project is constructed substantially in
conformance with the plans and specifications. Extensive deviations from the
plans will require additional record drawing effort that is not anticipated in the
scope of this agreement. This determination will be made jointly by the CITY and
the ENGINEER. Preparing record drawings that include significant changes will
be provided as Additional Services.
SPECIAL SERVICES
FIELD DESIGN SURVEY
1. TNP survey field crews will perform an As -Built design survey with spot elevations locating
all above ground visible improvements within the existing ROW for said streets including all
intersections and driveway approaches.
2. All visible above - ground utilities within the current right of way of said streets shall be
located horizontally and vertically with measure downs. Crews will attempt to locate
cleanouts situated within the property lines of the adjoining landowners and will survey
approximate Finish Floor elevations of all structures for service rerouting near Fouts Street
between Oak Street and Hickory Street (N. Texas Blvd.). The City will obtain Right of Entry
for those lots along Oak Street and Hickory Street that will require services to be
constructed to the rear of the structures. All other data will be acquired without entering
private property.
3. All survey data collected will be processed drafted and created within Autodesk Civil 3d. An
electronic cadd file will be provided according to the City of Denton's standards showing all
improvements located. All vertical data will be based on the City of Denton's benchmark
datum.
4. No boundary or right -of -way data will be acquired, lot corners will not be tied, and no
property research will be conducted.
Attachment A - Page 6 of 8
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials, TV logs and /or tapes, and mapping
relative to the project.
2. GIS shape files that include layers such as buildings and existing utilities.
3. City will obtain Right of Entry for lots on Oak Street and Hickory Street (N. Texas Blvd.) so
that surveyors can obtain information to the rear of the houses.
4. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
5. Current City of Denton Standard Details, Specifications and /or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
1. For the 2015 Wastewater Collection System Rehabilitation Project
Field Surveys
Complete within five (5) weeks of written Notice to Proceed from the City,
Preliminary Design
Design will commence on each section of the project as field data is made available.
Complete within ten (10) weeks of written Notice to Proceed from the City.
Final Plans
Final plans and specifications, at 90% complete, will be submitted within four (4) weeks of
CITY approval of Preliminary design. If there are major design changes required, this
schedule may need to be modified.
Bid Documents
Complete plans and bid documents (100 %) will be submitted within two (2) weeks of
receipt of final plan review comments from the City staff.
Attachment A - Page 7 of 8
2. For the 2016 Wastewater Collection System Rehabilitation Project
Field Surveys
Complete within twelve (12) weeks of written Notice to Proceed from the City.
Preliminary Design
Design will commence on each section of the project as field data is made available.
Complete within twenty four (24) weeks of written Notice to Proceed from the City.
Final Plans
Final plans and specifications, at 90% complete, will be submitted within four (4) weeks of
CITY approval of Preliminary design. If there are major design changes required, this
schedule may need to be modified.
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Attachment A - Page 8 of 8
ATTACHMENTS'
SCHEDULE OF FEES
2015 and 2016 Wastewater
Collection System Improvements Project
CITY OF DENTON
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in ATTACHMENT A,
Itemized Scope of Services. the ENGINEER will be reimbursed as described below:
1 Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
2015 Rehabilitation Project
Design Phase $ 82,980
Bid Phase $ 3,600
Construction Phase 2,300
Subtotal $ 88,880
2016 Rehabilitation Project
Design Phase $ 99,550
Construction Phase 2,300
Subtotal $ 101,850
Z Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery /courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense with a not -to- exceed amount of:
$ 2.500
3. Total Fee for Basic Services
TOTAL (BASIC SERVICES) $ 193,230
Attachment B— Page 1
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
ATTACHMENT A, Itemized Scope of Services, shall be considered Special Services, as
identified in ATTACHMENT A, Special Services to be provided by Engineer. The
ENGINEER will be reimbursed for Special Services as described below:
Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the various
items of work within the scope of Special Services identified in ATTACHMENT A:
Design Field Survey (2015 Project) $41,000
Design Field Survey (2016 Project) $52,500
Progress payments for these Special Services shall be paid to the Engineer by the City
on a monthly basis based on the estimated percentage ( %) of the total work effort
completed during that month less any payments for previously invoiced services.
C. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. No Additional Services
are anticipated for this project. The ENGINEER will be reimbursed for Additional
Services, should they be requested, as described below:
Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY.
2, Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense.
Attachment B— Page 2
D. SUMMARY OF FEES:
1, Basic Services
2015 Rehabilitation Project
Design Phase $ 82,980
Bid Phase $ 3,600
Construction Phase $ 2,300
Subtotal $ 88,880
2016 Rehabilitation Project
Design Phase $ 99,550
Construction Phase $ 2,300
Subtotal $ 101,850
Direct Reimbursable Expenses $ 2,500
TOTAL (BASIC SERVICES) $ 193,230
2. Special Services
Design Field Survey (2015 Project) $ 41,000
Design Field Survey (2016 Project) $ 52,500
TOTAL (SPECIAL SERVICES) $ 93,500
3. Total Fees for Project
TOTAL FEES $ 286,730
Attachment B— Page 3