2015-358ORDINANCE NO. 2015 -358
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING AND RIGHT -OF -WAY ACQUISITION SERVICES
ASSOCIATED WITH THE CITY OF DENTON FM 2181 UTILITY RELOCATIONS PROJECT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 5973— AWARDED TO FREESE AND NICHOLS, INC. IN AN
AMOUNT NOT -TO- EXCEED $1,072,977).
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 Freese and Nichols, Inc., to provide professional engineering services for the FM 2181
Utility Relocations Project, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5973 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 `" Y Z , 2015.
_.. .....
-11 1S l . "S M YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
I I II' A(if0.L MI:N°I is snadc and entered irit¢a as of the day oI'
Alv_,o 2015, by and between the City of Denton, Texas, a IIexas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas
76201, hereinafter called "Owner" or "City" and Freese and Nichols, Inc., with its corporate office
at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 hereinafter called
"Architecture /Engineering Professional" or "FNI," acting herein, by and through their duly
authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION l
EMPLOYMENT OF ENGINEERING PROFESSIONAL
Freese and Nichols, Inc. (FNI) will provide the following civil engineering services to the
City of Denton, Texas (Owner): design and engineering for the relocations of utilities along the
proposed TxDOT Right -of -Way for FM2181 from Windriver Lane /Teasley to Corinth city limits
(TxDOT Stations 10111 +39 to 10298 +00). This Scope of Services outlines the proposed
engineering services that will be provided in connection with relocation of existing water,
wastewater and force main lines along FM2181 at various locations from Windriver Lane /Teasley
to Corinth city limits, as more fully described in Attachment A, Scope of Services. Other services
that may be provided as additional services in support of the project are also described in
Attachment A.
SECTION 2
COMPENSATION
The total project compensation is One Million Seventy -Two Thousand Nine Hundred and
Seventy -Seven Dollars ($1,072,977). The Owner shall compensate FNI as follows:
2.1 FOR BASIC SERVICES
2.1.1 For Basic Services and related Expenses for Article I, the total compensation shall be
a lump sum fee of One Hundred Ninety -two Thousand Three Hundred Ten Dollars ($192,310).
Included in this lump sum fee is Five Thousand Two Hundred and Twenty Dollars ($5,220) of
reimbursement expenses for mileage, printing, plotting, and binding during the project.
Page 1
2.1.2 For Special Services and related Expenses for Article II, the compensations shall be
the following not to exceed fees:
2.1.2.a Sub - Consultant Coordination = $44,100 (Including $933 in reimbursement
expenses)
2.1.2.b Easement Exhibits = $78,485
2.1.2.c Land Acquisition Services = $682,000
2.1.2.e Geotechnical Engineering Services = $24,932
2.1.2.f Subsurface Utility Engineering Services = $51,150
2.1.3 Additional services, if any, shall be approved in writing and authorized in advance by
the OWNER and shall be performed and conducted for fees that are negotiated as appropriate.
Progress payments for Basic Services shall be paid monthly on the basis of the Schedule of Charges
completed at the end of the month.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services will be based on the attached schedule of charges
on page CO -1.
SECTION 3
ENTIRE AGREEMENT
This Agreement expressly includes this three (3) page Agreement, together with the following
documents which are attached hereto and are incorporated herewith for all purposes:
Exhibit "A" (Scope of Services of FNI) through CO -1.
2. The City of Denton General Conditions to Agreement for Architectural or Engineering
Services.
If a conflict should arise between Attachment "A" and the City of Denton General Conditions
to Agreement for Architectural or Engineering Services, then the City of Denton General Conditions
to Agreement for Architectural or Engineering Services shall prevail.
Page 2
This Agreement is signed by the parties hereto effective as of the date first above written.
011AWKIDT: i
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
GFOI GEC. C_IAN/IP N I1,
CITY MANAGER
"FNI"
FREESE AND 40101 SS,
A Texas C o mlration,e
Page 3
ATTACHMENT A
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
FM 2181 Utility Relocations Final Design
GENERAL: Freese and Nichols, Inc. (FNI or CONSULTANT) will provide the following civil
engineering services to the City of Denton, Texas (OWNER): design and engineering for the
relocations of utilities along the proposed TxDOT Right -of -Way for FM2181 from Windriver
Lane /Teasley to Corinth city limits (TxDOT Stations 10111 +39 to 10298 +00). This Scope of
Services outlines the proposed engineering services that will be provided for the final design in
connection with relocation of existing water, wastewater and force main lines along FM2181 at
various locations from Windriver Lane /Teasley to Corinth city limits.
The consultant services are based upon Owner provided TxDOT electronic files of the proposed
improvements to FM2181 and existing survey and record drawing information. All preliminary
conflict identification was based on the best available record data information, but the
CONSULTANT in no way warrants that additional conflicts will not be discovered due to
inaccuracies in the record data or changes to the TxDOT improvements. The Scope of Services will
provide relocation design and one (1) set of construction contract documents for the relocations of
the following locations, along with two (2) separate set of plans for TxDOT utility permit and the
TxDOT reimbursement package:
a. 20 -inch Water Line: A new 20 -inch water main will be designed from approximately
Windriver Lane to Robinson Road (Approx. TxDOT Sta 10112 +50 to Sta 10181 +50).
This section contains an existing 20 -inch water line and sections of an existing 8 -inch
water line that will be in conflict with the TxDOT roadway, storm drain, and sound wall
improvements. The new 20 -inch water line will also be re- routed west and south of the
development on the southwest corner of FM2181 and Windriver. The new 20 -inch water
line will also cross FM2181 in three (3) locations to avoid congested areas and existing
ponds adjacent to FM2181.
b. 8 -inch Wastewater Line: A new 8 -inch wastewater line will be designed from
approximately Sta 10119 +00 to Sta 10125 +00 and will tie into the existing wastewater
line in Bent Oaks Drive. There will also be an 8 -inch wastewater crossing designed with
casing pipe at Bent Oaks Drive. The existing 8 -inch wastewater line is in conflict with
TxDOT paving and drainage structures.
C, 12 -inch and 8 -inch Force Main Crossing: Two (2) crossings will be designed for a new
12 -inch crossing at Windriver and Teasley, and a new 8 -inch crossing at Teasley and Bent
Oaks Drive. These crossings are in conflict with TxDOT improvement elevations.
d. 18 -inch Water Line: A new 18 -inch water line will be designed from Robinson Road to
Hickory Creek Lane (TxDOT Sta 10 181+5 0 to Sta 10222 +00). The new 18 -inch line will
be replacing existing 8 -inch and 18 -inch water lines that are in conflict with TxDOT
roadway and storm drain improvements.
e. 12 -inch Wastewater Line: A new 12 -inch wastewater line will be designed near TxDOT
Sta 10204 +50. This line will be a re -route around a proposed TxDOT headwall and box
culvert crossing of FM2181.
f. 24 -inch Force Main: A new 24 -inch force main line will be designed from Hickory
Creek Lane to the south of Leatherwood Lane (Approximate TxDOT Sta 10223 +00 to Sta
Attachment A -1
10267 +50). The existing 24 -inch force main is in direct conflict with TxDOT storm drain
and roadway improvements. A portion of the new force main will be re- routed south and
west around the development on the southwest corner of FM2181 and Hickory Creek
Lane. The proposed force main will also have to cross FM2181 in three (3) locations to
avoid congested developed areas and to connect back to the existing force main line.
g. 12 -inch Water Line: A new 12 -inch water line will be designed to replace an existing
section of 12 -inch water line that dead ends at approximately TxDOT Sta 10232 +00. The
line will be extended to an existing line in Lighthouse Drive near TxDOT Sta 10235 +50.
h. 8 -inch Water Line: A new water line will be designed on the west side of FM 2181 from
TxDOT Sta 10258 +00 to Sta 10269 +00. This line is to replace the water line that provides
service to properties on the west side of FM2181 at this location that will be abandoned
as part of TxDOT's improvements. Two (2) crossings will be needed of FM2181 for the
new 8 -inch water line to tie into the existing 12 -inch water line on the east side of FM2181.
. 12 -inch Water Line: A new water line will be designed from TxDOT Sta 10273 +00 to
Sta 10296 +00. The new line will replace an existing 12 -inch water line that will be in
conflict with TxDOT storm drain and roadway improvements. The new water line will
also cross FM 2181 to avoid existing developments adjacent to FM2181.
j, 12 -inch Water Line Crossings: Ten (10) 12 -inch water line crossings will be designed
to cross FM2181 with steel encasement to tie the new water lines in with existing
distribution lines that were formerly tied into lines that will be abandoned with the
improvements along FM2181.
k. 8 -inch Wastewater Line: a new 8 -inch wastewater line will be designed near TxDOT
Sta 10292 +00 to Sta 10294 +00. This line will be designed as a re -route of an existing
wastewater line to avoid TxDOT storm drain improvements in conflict with the existing
wastewater line.
Refer to the 15- percent schematic plans for the above mentioned conflicts along FM2181 sent to the
City of Denton on September 14, 2014, titled "DTN13289 15% SET 090414 ". Color -coded plans were
also sent to the City of Denton for TxDOT review on September 24, 2014, titled "COLOR CODED 15% SET ".
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
TASK A: Preliminary and Final Design
The CONSULTANT will schedule, prepare agenda and attend one (1) kick -off meeting with
the OWNER to discuss 15- percent review plans and the reimbursable documentation.
Once the 15- percent design submittal has been reviewed and discussed by all parties, the
CONSULTANT will move forward and prepare a 50% design submittal that will be reflective
of the project bid documents. The submittal will include construction drawings at a scale of
1 " =40" horizontal and 1 " =4" vertical, one (1) full size (22 "04 ") and four (4) half size
(11"x][7) construction drawings, specifications, contract documents, bid proposal, updated
schedule and updated opinion of probable construction cost. These items will be submitted to
the OWNER at the 50% submittal date. In addition, the submittal will include electronic copies
of the construction drawings in pdf and CAD format. Typical sheets used in the project will be.
Attachment A -2
a. Cover Sheet
b. General Notes
C. Project layout control (2- sheets)
d. Utility Conflict Plan and Profile sheets (approx. 32- sheets)
e. Construction Details (approx. 6- sheets)
I At the 50% design submittal the CONSULTANT will also prepare two (2) separate sets of
(11 "x 17 ") drawings that will be submitted to TxDOT for their review. One set of plans will be
used for the reimbursement package submittal to TxDOT and the other set will be used for the
utility permitting application process for TxDOT. A formal reimbursement request will not be
made to TxDOT at this time. Both sets will be sent to TxDOT for informational purposes and
for their coordination efforts with other entity relocations along FM2181.
4. CONSULTANT will attend one (1) coordination meeting with TxDOT and OWNER personnel
to discuss and coordinate TxDOT review and updated roadway design in relation to the City of
Denton's 50% utility relocation plan.
5. CONSULTANT will also electronically distribute the 50% design submittal to the franchise
utility companies with infrastructure along FM2181 for review and information.
6, Upon receipt of the OWNER's comments on the 50% submittal, one (1) review meeting will be
held to discuss the review comments and recommendations based on the 50% plans.
7. Following the 50% review meeting, the CONSULTANT will continue preparing 90%
documents based on review comments and design changes resulting from the 50% review
meeting. The submittal will be reflective of the project bid documents and will include four (4)
sets of half size (11 "x17 ") and one (1) full size (22 "04 ") construction drawings, specifications,
contract documents, bid proposal, updated schedule and updated opinion of probable
construction cost. In addition, the submittal will include electronic copies of the construction
drawings in pdf and CAD format.
8. At the 90% design submittal the CONSULTANT will also prepare two (2) separate sets of
(11 "x17") drawings that will be submitted to TxDOT for their review. One set of plans will be
used for reimbursement submittal to TxDOT and the other set will be used for the utility
permitting application process for TxDOT. No formal reimbursement request will be made to
TxDOT at this time.
9. CONSULTANT will also electronically distribute the 90% design submittal to the franchise
utility companies with infrastructure along FM2181 for review and information.
10. CONSULTANT will attend one (1) coordination meeting with TxDOT and OWNER personnel
to discuss and coordinate TxDOT review and updated roadway design with relation to the City
of Denton's 90% utility relocation plan.
11. Upon receipt of the OWNER's comments on the 90% submittal, one (1) review meeting will be
held to discuss the review comments and recommendations based on the 90% plans.
12. Once the 90% comments have been approved by the OWNER, the CONSULTANT will prepare
"Final" documents. The submittal will include four (4) sets of half size (11"x17") and one (1)
full size (22 "04 ") construction drawings, specifications, contract documents, bid proposal,
updated schedule and updated opinion of probable construction cost. In addition, the submittal
will include electronic copies of the construction drawings in pdf and CAD format.
13. In addition, the CONSULTANT will prepare "Issued for Bid" sealed documents to be used for
bid phase. Four (4) sets of half size (11 "x17") and one (1) set of full size (22 "04 ") construction
drawings, specifications, contract documents, bid proposal and opinion of probably construction
cost will be provided to the OWNER during the bidding process. In addition, the submittal will
include electronic copies of the construction drawings in pdf and CAD format.
14. Once the "Final" comments have been approved by the OWNER, the CONSULTANT will
prepare the TxDOT reimbursement package including one (1) "Final" SEALED drawings for
the reimbursable package submittal to TxDOT delivered by the OWNER. The CONSULTANT
will also prepare one (1) "Final" SEALED set of documents to TxDOT delivered by the
ONWER that will be used for the utility authorization permit needed for construction within
TxDOT right of way (different set of plans form the reimbursement package). Any additional
submittals to TxDOT for the reimbursement package or the utility permit will be performed as
a Special Service. Any permit or application fees will be the responsibility of the OWNER.
TASK C: Bid Phase
Upon completion of the design services and approval of "Final" drawings and specifications by the
OWNER, the CONSULTANT will proceed with the performance of services in the bid phase as
follows:
Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and
vendors listed in CONSULTANT's database of prospective bidders, and to selected plan rooms.
Provide a copy of the Notice to Bidders for the OWNER to use in notifying construction news
publications and publishing appropriate legal notice. The cost for advertisement in publications
shall be paid by the OWNER. Final plan size to be 22" x 34" for reproducible copies to 11" x
17".
2. Provide Contract documents to be distributed for bidding purposes using website provided by
the OWNER. Contract Documents will be made available for download or viewing free of
charge to prospective bidders. Printed copies of the Contract Documents will be made available
for purchase by bidders at the cost of reproduction.
City Standard Details will be referenced in the construction plans. If specific details are required
for the project, they will be included with the construction drawings.
4. Assist OWNER by responding to questions and interpreting bid documents. Prepare and issue
addenda to the Bid Documents to plan holders if necessary.
5. Assist OWNER in the opening, tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder to determine if, based on the
Attachment A -4
information available, they appear to be qualified to construct the project. Recommend award
of contracts or other actions as appropriate to be taken by the OWNER.
Assist OWNER in the preparation of Construction Contract Documents for the construction
contract. Provide ten (10) sets of Construction Contract Documents, which include information
from the apparent low bidder's bid documents, legal documents, and addenda bound in the
documents for execution by the OWNER and construction contractor. Distribute five (5) copies
of these documents to the contractor with a notice of award that includes directions for the
execution of these documents by the construction contractor. Provide the OWNER with the
remaining five (5) copies of these documents for use during construction. Additional sets of
documents can be provided as an additional service. In addition, provide Adobe PDF set and
the AutoCAD drawing files of the final plans along with an Adobe PDF set of the final contract
documents and specifications.
7, Furnish contractor five (5) copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
TASK D: Construction Phase
Upon completion of the bid or negotiation phase services, the CONSULTANT will proceed with the
performance of construction phase services as described below. The CONSULTANT will endeavor
to protect the OWNER in providing these services. However, it is understood that the
CONSULTANT does not guarantee the Contractor's performance, nor is the CONSULTANT
responsible for supervision of the Contractor's operation and employees. The CONSULTANT shall
not be responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to the condition
of the premises, the work of the Contractor or any Subcontractor. The CONSULTANT shall not be
responsible for the acts or omissions of any person (except its own employees or agents) at the Project
site or otherwise performing any of the work of the Project. Detailed daily construction inspection
will be performed by OWNER's personnel. Construction services provided by CONSULTANT will
include the following:
Assist the OWNER in conducting pre construction conference with the Contractor, review
construction schedules prepared by the Contractor pursuant to the requirements of the
construction contract.
2. Revise the construction drawings in accordance with the information furnished by construction
contractor(s) reflecting changes in the Project made during construction. Two (2)'sets of prints
of "Record Drawings" shall be provided by the CONSULTANT to the OWNER (1 bond set, 1
Mylar set). In addition, the submittal will include electronic copies of the construction drawings
in pdf and CAD format.
Attachment A -5
ARTICLE II
SPECIAL SERVICES
A. Survey, Land Acquisition, SUE, and Geotechnical Sub - Consultant Coordination - Upon
agreement of the preliminary alignment the survey consultant, land acquisition consultant,
SUE consultant, and geotechnical consultant will be released to gather information.
CONSULTANT will coordinate and manage the survey, land acquisition, SUE and
geotechnical consultants, and meet with each on regular scheduled intervals (minimum
monthly meetings, or as referenced in the sub - consultant's scope of services) for progress,
review, and updates. CONSULTANT will update the OWNER with the progress and be the
main communicator between the OWNER and the sub - consultants. The land acquisition
consultant will also have direct communication with the OWNER for negotiations and
acquisition of easements. The scope of work of the survey, land acquisition, SUE, and
geotechnical consultants is described in the SPECIAL SERVICES section of this Exhibit.
B. Property Mapping and Easement Documents (Services to be provide under sub -
agreement with Spooner and Associates)
Spooner and Associates (S &A) will provide professional surveying services for the FM 2181
Utility Relocation Project. The scope of work of the land surveyor shall be to supply all
supervision, technical labor, equipment, services, tools, consumables, insurance, and pay any
applicable sales /use taxes, and all other things required to perform land surveying in accordance
with technical requirements specified in this scope of services.
Scope: Property /Right -of -Way Survey
General Project details — Survey will horizontally and vertically locate visible surface features
within the project area as shown on the project exhibit provided to S &A via email on 11 -3 -14.
- Property corners and other pertinent property and right -of -way markers will be located along
the length of the project so that a property /right -of -way base map can be produced.
Proposed easement acquisitions, as designated by the project Engineer, will be prepared per
City of Denton Engineering Standards.
Right of Entry: The Surveyor will coordinate with the project Engineer to obtain right -of -entry
(ROE) for mapping on this project. These services will be provided on the Surveyor's behalf
prior to starting.
Right —of -Way and Property: S &A survey will locate and tie existing right -of -way, property
lines and easements, including type size, volume and page, where applicable. S &A will show
lot, block, abstract number, adjacent street names and property address. City and County
boundaries will be shown where applicable. Property owner and business names will be shown
on the survey.
TxDOT Maintained Roadways: Survey will include an alignment(s) that coincides with original
Texas Department of Transportation (TxDOT) alignment stationing for those roadways within
the project limits maintained by TxDOT. The Surveyor will provide an electronic PDF of
Attachment A -6
TxDOT documents used to determine the original station. TxDOT monuments will be located
for portions of the project located on or adjacent to TxDOT maintained facilities.
Methods and Precision
Basis of Control:
- The existing TxDOT project control system will be used to establish horizontal and vertical
values. Coordinates shall be reported with a precision of +/- 0.01 feet.
Deliverables: Property /Right -of -Way Survey Base Map
- CAD Format: AutoCAD Civil3D 2013 format CAD files
- Base Map: An electronic base map at 1:1 scale (base unit US Survey Foot) containing
pertinent topographic field data will be prepared.
- Text will be oriented with North being true reading West to East.
- The base map shall be in AutoCAD DWG format.
- NCTCOG imagery will be used as a background in our deliverable.
- PDF electronic copies of all project research used to workup the project mapping which
includes but is not limited to plats, deeds, right -of -way maps and provided utility maps.
- PDF copy of all field notes.
- PDF copy of the survey base map is not included.
Point File: A comma delimited ASCii file showing point number, northing, easting, elevation
and description shall be provided for all data collected on this project.
Field Sketches and Site Pictures: Applicable field sketches and site photographs depicting any
special field information shall be provided in digital form.
Easement Exhibits
General Scope: The Surveyor will prepare metes and bounds descriptions with accompanying
map exhibit for permanent and temporary instruments on an as needed basis.
Deliverables
- One electronic executed PDF of the complete instrument for each parcel,
- Three original hard copies of the complete instrument for each parcel.
Easement Exhibit Assumptions:
- Instrument Format: All instruments will strictly follow controlling jurisdiction guidelines
and procedures for the preparation of instrument documents.
- Design changes: All changes due to re- design after the initial submittal for each phase will
be invoiced back to the CONSULTANT at an hourly cost.
- GRID coordinates: All exhibits will include NAD83 GRID coordinates for the point of
beginning, horizontal scaling factors and basis of bearings information.
- Separate exhibits: Permanent and Temporary exhibits will be separated for each instrument.
- Permanent Instruments will include a full metes and bounds description with accompanying
plat exhibit.
- Temporary Instruments will include a limited area description with accompanying plat
exhibit.
Staking of ROW/Easement Corners: The Surveyor will stake the instrument corners once final
documents have been approved by the owner /client.
Attachment A -7
All easement corners will be monumented in the field with appropriate survey
monumentation.
Easement limits will be staked at a minimum of 200' intervals with 36" witness laths with
the appropriate identifying marks.
Project Assumptions: Property /Right -of -Way Survey
Abstracting Services: This scope does not include abstracting services or title work for property,
easement and right -of -way line workup. Current platting and /or deed information available at
the County will be used for this project.
Additional Project Footage: This scope includes property and right -of -way mapping of FM
2181 from Wind River Lane South to Primrose and the workup of approximately 70 easement
instruments. If any additional footage or width beyond these values is required, additional
compensation may be requested as an additional service.
Construction Staking Services: This scope does not include staking of any kind for the
construction of this project. Project control will not be refreshed prior to the commencement of
construction.
Topographic Mapping: This scope does not include topographic mapping. Only property right -
of -way pertinent features will be identified in the field.
C. Land Acquisition Services (Provided under subagreement by The Norfleet Group, LLC)
The scope of land acquisition services includes up to forty (40) individual tracts for easement
acquisition purposes. The services also include providing condemnation support for up to
sixteen (16) tracts. The services include up to forty (40) three (3) hour meetings with one partner
of the land acquisition firm in attendance. The detailed scope of services for land acquisition is
listed below:
Pre - Acquisition Services
a) Hire a title company /provide in -house staff to provide preliminary ownership and
easement information. (Provide agents to research preliminary ownership and
easement information. Hire a title company as needed for the acquisition of
properties that will be purchased in fee.)
b) Work with surveyor in development of right of way maps and legal descriptions of
needed property rights.
c) Provide detailed right of way cost estimates on a parcel by parcel basis.
d) Assist FNI in preparing and obtaining any Rights of Entry necessary for surveying,
geotechnical investigations and environmental services as needed.
2. Title Services
Attachment A -8
a) Research title and provide preliminary ownership information to title company.
Review preliminary title commitment (Schedules A, B & C) or preliminary title
search information provided by the title company for all properties.
b) Secure title commitments and updates in accordance with insurance rules and
requirements for parcel payment submissions for properties which will be acquired
in fee simple and for ROW easements
c) Secure title insurance for all parcels, insuring acceptable title in the name of the City
of Denton. Cure all exceptions on Schedule C, when applicable. Written approval
by the City of Denton will be required for any exceptions to coverage.
d) Attend closings and provide closing services in conjunction with Title Company for
all tracts.
e) Record all original instruments immediately after closing at the respective County
Clerk's Office.
i.) Research title and provide Condemnation Title Report to legal counsel for property
rights that will be acquired through Eminent Domain. (See item 6. a. Below)
Initial Appraisal (Proposed: Integra Realty Resources)
a) Appraiser must be approved by the City of Denton.
b) Secure written permission from the owner to enter the property from which land is
to be acquired. If Agent, after diligent effort, is unable to secure the necessary letter
of permission from the property owner, a waiver must be obtained, in writing from
the City of Denton. Maintain permission letters with appraisal reports.
c) Prepare and conduct personal pre- appraisal contact with interest owner(s) for each
parcel.
d) Contact property owners or their designated representative to offer opportunity to
accompany the appraiser on the appraiser's inspection of subject property. Maintain
record of contact in file.
e) Prepare draft appraisal report. "Draft" stamp to remain on appraisal until the city has
reviewed and approved the appraisal and the initial offer is made.
f) Finalize complete appraisal report for each parcel to be acquired utilizing a format
approved by the City of Denton. These reports shall conform to the City of Denton
policies and procedures along with the USPAP.
g) As necessary, prepare written notification to the City of Denton of any
environmental concerns within the needed right of way to be acquired which could
require remediation.
Attachment A -9
h) All completed appraisals will be administratively reviewed and approved by the City
of Denton.
i) As necessary, the appraiser will appear and or testify as an Expert Witness in eminent
domain proceedings and be available for pre- hearing or pre -trial meetings as directed
by the City of Denton.
4. Initial Landowner Contact
a) Prepare packets to include Landowner Bill of Rights, maps and paperwork to be
executed.
b) Mail merge ROE letters and labels for envelopes and file folders. The agents with
prepare and stuff envelopes for out of town owners or owners who have indicated
that they want to receive all of their initial information via certified mail, return
receipt requested.
c) The agent will initiate negotiator and contact logs and attend landowner meetings
for ROE documents. The agent will research additional contact information for
nonresponsive landowners.
Negotiation Services
a) Analyze appraisal reports and confirm approved value prior to making offer for each
parcel.
b) Analyze preliminary title report to determine potential title problems and propose
methods to cure title deficiencies.
c) Prepare the initial offer letter and any other documents required or requested by the
City of Denton in a form acceptable to the City of Denton.
d) Contact each property owner or owner's designated representative and present the
written offer in person where practical. When owners do not wish to have offers
delivered in person, they will be mailed via certified mail with return receipt for
documentation of delivery /receipt. Maintain follow -up contacts and secure the
necessary instruments upon acceptance of the offer for the closing.
e) Provide a copy of the appraisal report for the subject property exclusively to the
property owner or authorized representative at the time of the offer. Maintain
original signed Receipt of Appraisal.
f) Respond to property owner inquiries verbally and /or in writing within two business
days.
g) Prepare a separate negotiator contact report for each parcel file for each contact.
Attachment A -10
h) Maintain parcel files of original documentation related to the purchase of the real
property or property interests /acquisition of the Easement for Right of Way.
i) Present counteroffers in a form as directed by the City of Denton. Transmit any
written counteroffer from property owners including supporting documentation, and
Agent's recommendation with regard to the counteroffer.
j) Prepare final offer letter as necessary.
k) Appear and provide Expert Witness testimony when requested.
6. Condemnation Support
a) Pre - Hearing Support
(i) Upon receipt of a copy of the final offer, research and produce an updated
"Condemnation Limited Title Report" (search parameters set by City of
Denton and /or outside legal counsel).
(ii) Prepare a condemnation package as directed by the City of Denton and deliver
the package to the City of Denton's designee or legal counsel.
(iii) Upon notification from the City of Denton request the update of appraisal.
7. Project Administration
a) Maintain current status reports of all parcel and project activities and provide
monthly or as requested to FNI and the City of Denton.
b) Participate in project review meetings as determined by FNI and the City of Denton.
c) Provide copies of all incoming and outgoing correspondence as generated if
requested.
d) Maintain copies of all correspondence and contacts with property owners.
e) Update database with current status information and documentation.
D. Geotechnical Engineering Services (Provided under subagreement by CMJ Engineering,
Inc.)
1. SUBSURFACE EXPLORATION
As requested, experienced drillers and technicians will evaluate subsurface conditions
with a total of seventeen (17) sample borings (outside of pavement) extending to a depth
of 20 feet.
Attachment A -1 1
The field personnel will drill the borings using truck - mounted equipment. Cohesive and
non - cohesive soil samples will be obtained using 3 -inch diameter Shelby tube samplers
and 2 -inch diameter standard split -spoon samplers, respectively. A soils logger will
extrude the samples in the field, check the samples for consistency with a hand
penetrometer, carefully wrap them to preserve their condition, and return them to the
laboratory for testing. A log of each boring will be prepared to document field activities
and results.
CMJ's personnel will stake the boring locations using normal taping procedures.
Approximate locations of the borings will be shown on the plan of borings. Precise
surveying of boring locations and elevations is not included in the cost estimate. These
services may be provided as Additional Services upon request. At the completion of
drilling operations, boreholes will be backfilled with drill cuttings and plugged at the
surface by hand tamping.
2. LABORATORY SERVICES
Considering the planned utility improvements, anticipated soil conditions and geology,
laboratory tests will be required for classification purposes, and to determine strength
characteristics. The following types of tests are therefore recommended:
a. moisture content and soil identification
b. liquid and plastic limit determinations
C. unconfined compression tests on soil
d. unit weight determinations
The specific types and quantities of tests will be determined based on geologic conditions
encountered in the borings.
3. ENGINEERING SERVICES
An engineering report will be prepared to present the results of the field and laboratory
data together with our analyses of the results and recommendations. We will provide two
copies of the report and an electronic copy. The report will address:
1. general soil and ground water conditions
2. presence of unusual materials at boring locations
3. comments about general excavatability of on -site soils and rock
Items other than those specified above, which are revealed by these studies or are
necessitated by a change in project scope, may require revised field, laboratory, and
engineering services. These services, if required and requested, will be performed as
Additional Services.
Attachment A -12
E. Subsurface Utility Engineering (Services to be provided by sub - agreement with Lamb -
Star Engineering, LLQ:
For this project, Subconsultant will provide QL "B" and QL "A" SUE services in the areas
specified by Freese and Nichols.'
QL "B" — Two - dimensional (x, y) information obtained through the application and
interpretation of non - destructive surface geophysical methods. Also known as "designating"
this quality level provides the horizontal position of subsurface utilities within approximately
one foot.
- Subconsultant will designate existing utilities, including services, along FM 2181 at 25
locations depicted on the plan sheets provided by FNI. The QL "B" will include
overhead utilities. We anticipate encountering the following existing underground
utilities: electric, water, gas, sanitary sewer, fiber optic and telephone. Storm drain will
NOT be included.
L( "A" — Also known as "locating ", this quality level provides precise three dimensional (x, y,
z) information at critical locations by exposing specific utilities. Non - destructive vacuum
excavation equipment is used to expose the utilities at specific points which are then tied down
by survey.
- The QL "A" will involve excavation of test holes on utilities that are in potential conflict
with the proposed work. For this proposal, we are assuming 19 QL "A" test holes based
upon the plan sheets provided.
SUE Subconsultant will perform all surveying that is required for collection of SUE field data.
FNI will provide subconsultant with survey control and a base map /topographic file in CAD
format for use in preparing the deliverables.
It has been our experience in this part of North Texas that test hole excavation frequently
encounters rock strata. SUE Subconsultant will do everything feasible to non - destructively
expose utilities requested for test holes. However we cannot ensure that vacuum excavation
will be successful on all test holes if significant rock layers are encountered. If this becomes an
issue SUE subconsultant will communicate the locations with FNI immediately to discuss
options. Also, for PVC lines located under pavement it may be necessary to excavate additional
test holes to locate the line.
Designating ating Procedures
Prior to beginning field designating activities, subconsultant's field manager will review the
project scope of work and available utility records. Once these initial reviews are complete, the
field manager and technicians will begin designating the approximate horizontal position of
known subsurface utilities within the specified project limits. A suite of geophysical equipment
(electromagnetic induction, magnetic) will be used to designate metallic /conductive utilities
(e.g. steel pipe, electrical cable, telephone cable). Non - metallic /non - conductive utilities will be
designated using other proven methods, such as rodding, and probing. Where access is
available, a sonde will be inserted into the utility line (e.g. PVC gravity sewer pipe) to provide
a medium for signal transmission, which can then be designated using geophysical equipment.
In instances where access is not available, (e.g. pressurized PVC water line), subconsultant
Attachment A -13
personnel will attempt to designate the utility by probing. Subconsultant personnel will utilize
vacuum excavation equipment outfitted with a high - pressure water lance to conduct probing.
Probing will typically be conducted at 100 -foot intervals; however, the probing interval may
vary depending on the specific alignment of the utility. When using probing methods to
designate, subconsultant will vacuum excavate test holes periodically to provide positive visual
verification that the correct utility is being probed. Due to obvious inefficiencies, probing will
not be attempted in paved areas.
Accurate collection and recording of designated utilities is a critical component of the SUE
process. Subconsultant's field manager will produce detailed sketches depicting each utility as
well as relevant surface features such as roadways, buildings, manholes, fire hydrants, utility
pedestals, valves, meters, etc. Each utility will be labeled with a unique ID code. For example,
if two buried electric cables exist on the project, one will be labeled E1 and the other E2. Paint
and pin flags will be used to designate the utilities in the field. A labeled pin flag or paint mark
will be used to mark each location where a survey shot is required. Shot points will typically
be placed at 100 -foot intervals on utilities running parallel to the alignment and at 50 -foot
intervals on utility crossings. The locations will be numbered sequentially for each individual
utility line. For example, if there are 50 shots required on buried electric line El, the points will
be numbered E1 -1 through E1 -50.
Preliminary field sketches depicting the designated utilities will be prepared for use during
subsequent surveying activities. These sketches will also be used to check the survey
information for completeness and accuracy.
Locating Procedures
Subconsultant will utilize its utility designating marks and specific information provided by FNI
to lay out the test hole locations. Subconsultant will attempt to place the test holes outside of
paved areas wherever possible. However, some test holes may need to be placed in paved areas
that may require traffic control measures to be implemented. Subconsultant will establish
routine /ordinary traffic control (cones and free standing signage, etc.) wherever required as part
of the standard practice. If non - routine traffic control measures are required (barricades, flag
person, changeable message board, etc.), these services will be considered extra and invoiced at
cost. FNI will be notified if such circumstances arise, and FNI approval will be necessary before
commencement.
Subconsultant will utilize non - destructive vacuum excavation equipment to excavate the test
hole at the required locations. Once the utilities are located, subconsultant will record the type,
size, material, depth to top and general running direction. The test hole will be assigned a unique
ID number and will be marked with rebar /cap, nail /disk, or chiseled X, as appropriate. Test -
hole excavations will be backfilled with appropriate material and the original surface will be
restored. The backfill will be compacted in lifts by mechanical means to minimize settlement.
Deliverables
Subconsultant will produce an electronic SUE file depicting the type and horizontal location of
the designated utilities and test holes. FNI will provide subconsultant with base
Attachment A -14
map /topographic files in electronic format for use in preparing the SUE file. Subconsultant will
utilize its standard SUE line styles and symbology.
As a QL "B" SUE deliverable, subconsultant will produce a SUE CAD file depicting the type
and horizontal location of the designated utilities. The size and material type will be provided
only if the information is indicated on available record drawings. Subconsultant will utilize its
standard utility line styles and symbology to produce the QL "B" deliverable. The QL "A" SUE
deliverable will be a Test Hole Data Summary sheet containing the field data collected at each
test hole.
ARTICLE III
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically authorized
in writing by Owner, which are not included in the above - described Basic Services, are described as
follows:
A. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by OWNER or 2) due to other causes
not solely within the control of CONSULTANT.
B. Making revisions to drawing, specifications, or other documents due to OWNER changes to the
previously submitted and approved utility relocation alignments.
C. Additional meetings other than specifically mentioned in the Basic Services and Special
Services portion of this Agreement.
D. Any additional re- submittals of the TxDOT reimbursement package(s) or utility permit
package(s) after the initial submittal as stated in the Basic Services portion of this Agreement.
If changes are requested to either submittal package to TxDOT, FNI will evaluate and notify
the OWNER for the authorization to perform the additional work.
E. Any Construction Phase services outside of the specific services stated in Task D in the Basic
Services portion of this Agreement. If FNI is requested to perform additional Construction
Phase services, authorization for Additional Services shall be approved prior to work being
performed.
F. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration panel
or mediator other than those specified in the Special Services Land Acquisition Services section
of this Agreement.
G. Services associated with condemnations, in addition to those listed in Special Services.
H. Services associated with relocations of property owners during the easement or ROW
acquisition process.
Attachment A -15
Furnishing the services of a Resident Project Representative to act as OWNER's on -site
representative during the Construction Phase.
Bulldozer or other equipment services required to achieve access to boring locations.
K. Stand -by time or time in excess of one -half hour required for travel between boring locations.
L. Additional laboratory services, including quantities or items other than described in Basic
Services.
M. Additional engineering services, including personnel time and expenses for items not
specifically described in Basic Services. This may include, but is not limited to, additional
meetings requested by Client or Client's other consultants, assistance to Client in dealing
with regulatory agencies, preparation and engineering assistance in legal proceedings, and
evaluation of alternative designs for the project or relocation of structure, following initial
submittal of the geotechnical report.
N. Any other required or requested services authorized by Client, other than those specifically
described in Basic Services.
ARTICLE IV
TIME OF COMPLETION: CONSULTANT is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the following
schedule: Submit Final plans within 270 days of Notice to Proceed pending permits and approval by
TxDOT.
If CONSULTANT's services are delayed through no fault of CONSULTANT, CONSULTANT shall
be entitled to adjust contract schedule consistent with the number of days of delay. These delays may
include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of
information to be provided to CONSULTANT, governmental approvals, etc. These delays may result
in an adjustment to compensation.
ARTICT.F. V
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as
not to delay the services of FNI:
A, Designate in writing a person to act as Owner's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define Owner's policies and decisions with
respect to FNI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project, including
project objectives and constraints, space, capacity and performance requirements, and any
budgetary limitations; and furnish copies of all design and construction standards which Owner
will require to be included in the plans and Contract Documents.
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to completion of
the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of other consultants as Owner deems appropriate for such
examination and render in writing decisions pertaining thereto within a reasonable time so as
not to delay the services of FNI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project.
F. Give notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or nonconformance
of the work of any contractor.
G. Contact other departments within the City of Denton and coordinate with them to obtain record
drawings of other utilities, buildings, or infrastructure as needed.
H. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Article III of
this AGREEMENT or other services as required.
I. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives:
Owner's Designated Representative —
FNI's Project Manager -
FNI's Accounting Representative -
Frank Payne, P.E.
901 -A Texas Street
Denton, Texas 76209
Phone: 940 - 349 -8946
Fax: 940 - 349 -8951
Email: Frank.Payne @cityofdenton.com
A. Scott Maughn, P.E.
2711 Haskell Avenue, Suite 3300
Dallas, Texas 75204
Phone: 214-217-2260 Fax: 214-217-2201
Email: asm c freese.com
Matt Shafer
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Phone: 214-217-2238 Fax: 817-735-7492
Email: mcs(c�,freese.com
Attachment A -17
ATTACHMENT CO
Compensation
Compensation to FNI for the Basic Services described in Attachment A shall be the lump sum of One Hundred Ninety Two
Thousand Three Hundred Ten Dollars ($192,310). Compensation to FNI for Special Services in Attachment A shall be computed
on the basis of the Schedule of Charges, but shall not exceed Eight Hundred Eighty Two Thousand Nine Hundred Fifty Dollars
($882,950). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to
those services described as Additional Services in Attachment SC, FNI will notify CITY for CITY's approval before proceeding.
Additional Services shall be computed based on the Schedule of Charges.
Schedule of Charges:
Position
Min
Max
Professional - 1
70
119
Professional - 2
91
152
Professional - 3
97
186
Professional - 4
142
227
Professional - 5
180
250
Professional - 6
171
455
Construction Manager - 1
88
203
Construction Manager - 2
107
155
Construction Manager - 3
132
166
Construction Manager - 4
167
226
CAD Technician /Designer - 1
58
102
CAD Technician /Designer - 2
93
133
CAD Technician /Designer - 3
119
171
Corporate Project Support - 1
43
99
Corporate Project Support - 2
72
178
Corporate Project Support - 3
78
345
Intern/ Coop
36
66
Rates for In -House Services
Technology Charge
Bulk Printing
and Reproduction
$8.50 per hour
Black and White $0.10 per copy
Color
$0.25 per copy
Travel
Plot - Bond
$2.50 per plot
Standard IRS Rates
Plot - Color
$5.75 per plot
Plot - Other
$5.00 per plot
Binding
$0.25 per binding
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For Resident Representative services performed by non -FNI employees and
CAD services performed In -house by non -FNI employees where FNI provides workspace and equipment to perform such
services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI
employee was performing the same or similar services
These ranges and rates will be adjusted annually in February.
350-22015
CO -1
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 (die "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")
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2.5.1 The Design Professional, following the Owner's approval of die 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
2.6 CONSTRUCTION PRASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
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sufficient time in the Design Professional's professional judgment to permit adequate review Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent
required by the Contract Documents The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Design Professional, of construction means, methods, techniques, 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 professional certification of
performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to
rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract
Documents
16.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed
necessary by the Design Professional as provided in Subsections 3 1 1 and 3 3 3, for the Owners approval and execution in accordance with the
Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the intent ofthe Contract Documents
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine die dates of Substantial Completion and Final
Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion 'the Design Professional will receive and
review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final
certificate for Payment upon compliance with the requirements of the Contract Documents
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance ofthe Owner and Contractor under
the requirements ofthe Contract Documents on written request ofeither the Owner or Contractor The Design Professional's response to such requests
shall be made with reasonable promptness and within any time limits agreed upon
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract
Documents and shall be in writing or in tile fon-n of drawings When making such interpretations and initial decisions, the Design Professional shall
endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered
in good faith in accordance with all the provisions of this Agreement and in the absence of negligence.
16.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between
the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents
16.18 The Design Professional (I) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner
for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due,
shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction
Documents during the Construction phase
ARTICLE 3 ADDITIONAL SERVICES
OFEWIMAINU
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 ol'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 tinder the Contract for Construction
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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
3.4 OPTIONAL ADDITIONAL SERVICES
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule
and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site
requirements, as more specifically described in Subsection 2 2 1
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8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance
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ARTICLE vINDEMNITY
*/ 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, dmn losses, and expenses, including, but not limited w Court costs and reasonable attorney fees incurred by the
Owner, and /oc/uu`*g, without limitation, damages for bodily and personal injury, death and property damage, resulting uom the negligent acts or
omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement
oz Nothing herein shall hoconstrued to create o liability m any person who iu not o party to the Agreement, and nothing herein shall waive any orke
parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense
m governmental immunity, which defenses are hereby expressly reserved
ARTICLE mINSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following
insurance with an insurance company licensed or authorized to do business in the State ofTexas by the State Insurance Commission or any successor
agency that has a rating with Best Rate Carriers ^tm least anA-u,above:
zu/ Comprehensive General Liability injury limits ornot less than $|,0nnmm for each occurrence and not less than $2,00 0,000
m the aggregate, and with property damage limits nmmless than $|o0,o00 ter each Occurrence and not less than $zm,0o 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 vr riot less than $mo.00n for each accident
10.3 Worker's Compensation Insurance in accordance with statutory mquiremunm, and Employers' Liability Insurance with Umo= of not less than
$|uo,0no for each accident including occupational disease
10.4 Deleted
10.5 The Design Professional shall furnish insurance certificates m insurance policies m the Owner evidencing insurance m compliance with this Article
mo/ the time ^rmu execution vf the Agreement The General Liability and Automobile Liability insurance policies shall name the Owner usun
additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor ofthe Owner, and each policy shall contain a
provision that such insurance shall not bu canceled nr modified Without thirty (3o) days' prior written notice m Owner and Design Professional In such
event, the Design Professional shall, prior m the effective date ^f the change or cancellation, furnish Owner with substitute certificates of insurance
meeting the requirements or this Article m
ARTICLE MISCELLANEOUS PROVISIONS
/ The executed Agreement
2 Attachments referenced m Section aof the Agreement other than the Proposal
3 These General Provisions
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