2017-320ORDINANCE N• 1
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
t.ualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Huitt-Zollars, Inc., to provide professional engineering and design services for the
McKinney Street Widening 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 RFQ 6401 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 w5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ).. - day of ) C -)--6 , 2017.
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HRIS IVTS, µµMAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
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PROFESSIONAL ENGINEERING SERVICES
FOR
McKinney Street
(CONTRACT 6401)
THIS AGREEMENT is made and entered into this date ___________________________, by
and between the City of Denton, Texas, a Texas municipal corporation, with its principal office
at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “Owner”
and Huitt-Zollars, Inc., with its corporate office at 1717 McKinney Avenue, Suite 1400, Dallas,
Texas 75205, 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 engineer, as an
independent contractor. The Design Professional hereby agrees to perform the services in
conjunction with the McKinney Street project as described herein and in the Proposal (Exhibit
5), the General Conditions (Exhibit 4), and other attachments to this Agreement that are
referenced in Section 4. The Project shall include, but shall not be limited to, the following major
components of Basic Services and Special Services. For a more precise and comprehensive
description of these services refer to Exhibit 5, Attachment E.
SECTION 2
COMPENSATION AND SCHEDULE
Total compensation for the Design Professional contemplated under the terms of this agreement
shall be a total not-to-exceed $1,358,300 for all services including reimbursable expenses. The
Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be a lump sum amount of $402,300
which will be the following phases and tasks.
1. Preliminary Design Phase Services (Tasks 1 – 17) $ 370,500 Lump Sum
2. Final Design Phase Services (Task 18) $ 31,800 Lump Sum
2.1.2 Progress payments for Basic Services shall be paid monthly based on the actual work
satisfactorily completed per month in each phase as a percentage of the overall
compensation for that phase.
2.2 SPECIAL SERVICES
2.2.1For Special Servicesthe total compensation shall be $944,000. Compensation for
Special Services shall be based on actual services authorized and performed with lump
sum or maximum not to exceed subtotals depending on the service provided all as shown
inExhibit 5, Attachment A. The schedule for the hourly rates is attached as Exhibit 7.
Contract # 6401
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Special Services are the following items, as defined in Exhibit 5, Attachment E, with
compensation terms and amounts shown below.
1.Drainage Impact Study $ 94,000 Lump Sum
2.Corridor Study $ 47,300 Lump Sum
3.Surveys $ 134,000 Lump Sum
4.Environmental Investigation $ 6,900 Lump Sum
5.Geotechnical Investigation $ 20,900 Lump Sum
6.SUE Investigations
a.SUE Level B $ 119,100 Lump Sum
b.SUE Level B $ 30,500 Lump Sum
7.Public Outreach Support $ 24,100 Hourly Not to Exceed
8.Design-Build Procurement Docs
a.Step 1 RFQ Phase $ 52,100 Lump Sum
b.Step 2 RFP Phase $ 67,400 Lump Sum
9.D-B Final Design Phase Services $ 120,200 Hourly Not to Exceed
10.D-B Construction Phase Services $ 127,400 Hourly Not to Exceed
11.Construction Material Testing $ 100,100 Allowance, Not to Exceed
Total Special Services $ 944,000
2.2.2 Compensation for Services of consultants, including environmental, geotechnical
services, subsurface utility engineering, right-of-way services, etc. shall be based on a
multiple of 1.10 times the amounts billed to the Design Professional for such services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.10 times
the expenses incurred by the Design Professional, the Design Professional's employees and
consultants in the interest of the Project as defined in the General Conditions but not to exceed a
total of $12,000 without the prior written approval of the Owner. This amount does not include
appraisals, escrow fees, abstract fees, title fees, FEMA review fees, 404 permit fees, and TDLR
fees.
2.4 SCHEDULE The Design Professional will be authorized to commence work on the Project
upon execution of this AGREEMENT and agrees to complete the detailed design services in a
total of approximately 425 calendar days as shown on the schedule included in Exhibit 6.
SECTION 3
INVOICES
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E.
McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract
administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to
make payment on completed orders within thirty days after receipt of invoice, unless unusual
circumstances arise. Invoices must be fully documented as to labor, materials, and
equipment provided, if applicable, and must reference the City of Denton Purchase Order
Number in order to be processed. No payments shall be made on invoices not listing a
Purchase Order Number.
Contract # 6401
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SECTION 4
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:
Exhibit 1 Certificate of Interested Parties Electronic Filing.
Exhibit 2 Insurance Requirements
Exhibit 3 Conflict of Interest Questionnaire
Exhibit 4 City of Denton General Conditions to Agreement for Architectural or Engineering
Services
Exhibit 5 The Design Professional’s Proposal
Attachments A through E:
Attachment A – Summary of Engineering Fees
Attachment B – (N/A, omitted)
Attachment C – Organizational Chart
Attachment D – (N/A, omitted)
Attachment E – Scope of Services and Deliverables
Exhibit 6 Project Schedule
Exhibit 7 Schedule of Rates
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON, TEXAS
A Municipal Corporation
BY: ___________________________
TODD HILEMAN
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIMCITY ATTORNEY
BY: __________________________________
HUITT-ZOLLARS, INC.
A Texas Corporation
BY: ___________________________
John Anthony Sosebee, P.E.
Senior Vice President
TSosebee@Huitt-Zollars.com
Texas Ethics Commission
Certificate Number 2017-251300
Contract # 6401
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Exhibit 4
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”).
1.2The 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
SeeExhibit 5, Attachment “E”, Scope ofServices, definingBASIC SERVICES and SPECIAL SERVICES.
2.1
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
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 Professionalshall 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 ofsuch 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 Professionalfor
Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professionalshall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professionalshall be compensated therefor as
agreedby the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1.inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program
or Project budget;
2.required by the 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.
3.3.2Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule,
except for services required under Subsection 2.5.2.
3.3.3Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4Providing 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.
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3.3.5Providing 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.
3.3.6Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8Providing services in addition to thoserequired 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.
3.3.9Notwithstanding 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 performedby 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 shallnot limit the Design Professional’s obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4Providing services relative to future facilities, systems and equipment.
3.4.5Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection
with construction performed and equipment supplied by the Owner.
3.4.8Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance and consultation during operation.
3.4.13Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and
related equipment.
3.4.14Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a
part of Basic Services.
3.4.16Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changesin the work made during
construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18Notwithstanding 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. Theintervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1The Owner shall consult with the Design Professionalregarding 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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4.2The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4.3If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under
this Agreement.
4.4The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative
shall render decisions in a timely manner pertaining to documents submitted by the Design Professionalin order to avoid unreasonable delay in the orderly and
sequential progress of the Design Professional's services.
4.5Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a
written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and
lines, both public and private, above and below grade, including inverts and depths.All the information on the survey shall be referenced to a project benchmark.
4.6Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services
may includebut are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground
corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the
Design Professionaland are not retained by the Design Professionalas part of its Basic Services or Additional Services.
4.7When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollutiontests, tests of hazardous mate-
rials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services
the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or
on behalf of the Owner.
4.9The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professionalshall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professionalif the Owner becomes aware of any fault or defect in the Project or nonconformance
with the Contract Documents.
4.11Design Professionalshall propose languagefor certificates or certifications to be requested of the Design Professionalor Design Professional's consultants
and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that
would require knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
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.
5.1.2The 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.
5.1.3Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the 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 Construction 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 Contractor's 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 budgetor 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.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1The Drawings, Specifications and other documents prepared by the Design Professionalfor 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 Professionalis 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
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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 Professionalis released from any and all liability relating to their use in that project
6.2Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed
as publication in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in
accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or
without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease
immediately upon Design Professional’s receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all
work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data
related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably
organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall coop-
erate in providing information.
7.2If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily
performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for
expenses incurred in the interruption and resumption of the Design Professional's services.
7.3The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is
permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the
Agreement by giving written notice.
7.4Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered
substantial nonperformance and cause for termination.
7.5If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed,
the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily
performed prior to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holi-
days, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and
fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6Other 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, onthe
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2If 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.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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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 Nodeductions shall be made from the Design Professional's compensation on account of penalty, 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 DesignProfessional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative
records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed onthe basis of a multiple of Direct Personnel Expense
for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the
Project is final, whichever date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, non-design 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, to the extend caused bythe negligent acts
or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing hereinshall waive any of the
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 of
governmental immunity, which defenses are hereby expressly reserved.
ARTICLE 10INSURANCEDuring 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 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:
10.1Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in
the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 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 foreach accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article
10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an
additional insured, the Workers’ Compensation policy shall contain awaiver of subrogation in favor of the Owner, and each policy shall contain a
provision that such insurance shall not be canceled or modified without thirty (30) days’ prior written notice to Owner and Design Professional. In such
event, the 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.
ARTICLE 11 MISCELLANEOUS PROVISIONS
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.
11.2The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives 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.
11.3The 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:
1.The executed Agreement
2.Attachments referenced in Section 3 of the Agreement other than the Proposal
3.These General Provisions
4.The Proposal
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11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or
Design Professional.
11.5Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior, among the Design Professional’s promotional and professional materials. The Design Professional's materials
shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific infor-
mation considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction
sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees,
associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed
to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees,
subcontractors, agents, and consultants.
11.7All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties
by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless
otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or withinthree (3) days after
mailing.
11.8If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered
severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform
the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of
the stricken provision.
11.9The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered
hereunder as they may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basisof race, color,
religion, sex, national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the
Agreement.
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Exhibit 5
Attachment “E”
SCOPE OF SERVICES
PROJECT DESCRIPTION:
Professional engineering services are required fordevelopingthe Design-Build procurementdocuments
and for providing procurement and construction support services fortheMcKinney Street Widening
Improvements. The limits of this roadway isbetween Woodrow Lane and Grissom Road. This work
includes identifying associated drainage improvements, water and wastewater utilityextensions and
adjustments, and coordinating with franchise utility (electric, communications, and gas) on possible impacts
to their facilities,
The scope of services will include preliminary engineering design, topographic surveying for design, field
surveying for establishing existing right-of-way and easements, preliminary environmental investigation,
preliminary geotechnical investigation, roadway horizontal and vertical design, hydraulic analysis,
preliminary drainage design, public involvement, probable construction cost estimates, RFQ/RFP D-B
procurement documents, subsurface utility engineering,andlimited construction oversight and
management which may includematerial testingservices.
The scope of services is comprised of Basic Services tasks and Special Services tasks.
A.BASIC SERVICES:
Bridging Documents(Preliminary Design Level)-Huitt-Zollars shall prepare thetechnicalBridging
Documents to be included with the issuance of the Request for Proposalsto the Design-Builders (D-
B). This effort shall include the followingitems:
1.Meet monthly with the City of Denton City’s PM(City)and others, as designated by the City for
formulation of the limits and scope of the project.
2.Kick-off meeting with the City to discuss key design issues, preliminary alternatives, project schedule
and final deliverables.
3.Obtain, from the City, applicable existing street, drainage and utility as-built plans; plats and right-of-
way maps within the project area. Conduct a review of the available information.City will provide
available information in PDF, CADand GIS formats.
4.Conduct a site visit to identify and document physical elements and site constraints that will affect the
design process.
5.Coordinate with Public and Private Utilities within the project area. Create and maintain a Utility
Conflict List containing contact information, type, location, conflict and actions.
6.Investigate sight distance restrictions at all intersections and make recommendations.Public street
intersections will be assessed for both horizontal and vertical sight distance; private driveways will
be assess only for horizontal sight distance.
7.Provide minimum 150 feet of storage for protected left turns at all public street intersections and
the main Ryan High School entry driveway.Based on traffic count data, assess and provide turn
lane storage at key intersections. Assess need for dedicated right turn storage at S. Loop 288,
Mayhill Road, and Ryan High School.
8.Develop aschematic of the 4-lane divided roadway section showing horizontal geometry and
vertical profile data.Coordinate with the City’s traffic engineer on proposed median openings and
turn lanes.
9.Develop typical sectionsfor the preferred alternative.
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10.Produce preliminary cross sections on 50-footstations to confirm the existing ROW limits and
drainage design.
11.Based on the Wastewater Assessment Sheets provided, it does not appear any of the existing
wastewater mains along McKinney Street are in any high or moderate risks. However, there appear
to be twelve (12) wastewater crossings McKinney that will be evaluated for potential conflicts.
12.Preliminary design of the following water mains will beincluded as part of the McKinney Street
project:
a.20” Water Transmission, East of Loop 288 to Mayfield Road
b.Replace existing 8” Water to 12”, north side of McKinneyfrom Woodrow to Mayfield
c.Replace existing 16” DI, south side of McKinney from Mobile Home Park to Mayfield
13.Identify any the need for any additional ROWand or permanent easement requirements.It is
intended that the project willsubstantiallyfit within the existing 100-foot ROW.
14.Prepare Guideline Technical Specificationsbased on NCTCOG construction specifications with
the City of Denton amendments thereto.
15.Meet with the City to present preliminary schematics and exhibits to solicit input on decision issues.
The following shall be presented in this meeting: topographic survey/ROWMaps with proposed
ROWand easementtakeif any, the roadway alignment, geotechnical recommendations, results of
environmental investigations, the traffic control concept, utilities conflict list, anticipated variances
and the drainage concept.
16.Submit final 30% Design Documents to the City for review and comment.
17.Finalize 30% Design Documents based on City’s review comments.
Final Design Services -Huitt-Zollars shall prepare the following final design items.
18.Prepare final construction plans, specifications and bid documents for a 5-foot concrete sidewalk
along the north side of McKinney Street, from Woodrow Lane to Grissom Lane.
B.SPECIAL SERVICES:
Preliminary Design (Bridging Documents)–The Special Services for Bridging Documents
includes the following tasks.
19.Drainage Impact Study–A watershed drainage analysis will be conducted which will culminate
in an engineering drainage report. This effort will require completion of these tasks.
a.Collect and review existing data. City will provide latest available NCTCOG 2-foot contour
topography.
b.Determine on-site and off-site drainage area boundaries for -existing conditions and fully
developed watershed conditions based on City’s future land use designations.
c.Develop existing condition and fully developed discharge estimates at each project outfall. For
locations where upstream detention exists, hydrograph analysis will be prepared in order to
combine off-site and on-site discharges at project outfalls.
d.Determine need for detention facilities to mitigate project impacts. Develop detention concepts,
if needed, including volume, outfall structure, and Right-of-Way (ROW)/easement
requirements.
e.Develop hydraulic models of culvert crossings for existing and fully developed conditions to
verify no adverse impact upstream or downstream of theroadway corridor. Identify outfalls
and verify adequacy.
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f.Develop preliminary storm sewer design and preliminary storm sewer hydraulic assessment.
g.Prepare a drainage reportpresenting the above information, describing the methodology used
for analysis, results and conclusions of the analysis, and recommended courses of actions.
20.Corridor Study–Prepare a corridor study for project limits, scope of services as follows:
Phase 1of the Corridor Study is forInitial Data Collection.
a.Kick-Off Meeting. The agenda for this meeting will include the Phase 1 scope of work,
schedule, data requested from the City of Denton, and deliverables. Huitt-Zollars will prepare
meeting notes following the kick-off meeting.
b.Obtain and review existing data from City files. Data and relevant information will be
obtained, including GIS files, as-built plans, traffic data, collision data, speed surveys, traffic
signal design and timing plans, inventories of crosswalks, signs, etc.
c.Collect new data.
i.Conduct traffic counts.Intersection turning movement counts will be conducted during
a typical weekday morning peak period (7:00 a.m. –9:00 a.m.) and afternoon peak period
(3:00 p.m. –7:00 p.m.) at the following intersections, including bicycle and pedestrian
volumes, from the following list:
1.McKinney Street/Woodrow Lane
2.McKinney Street/Mack Drive
3.McKinney Street/Springtree Street
4.McKinney Street/Bellaire Drive
5.McKinney Street/Mockingbird Lane
6.McKinney Street/Cardinal Drive
7.McKinney Street/Duchess Drive
8.McKinney Street/S. Loop288
9.McKinney Street/Mayhill Road
10.McKinney Street/School Driveway 1
11.McKinney Street/School Driveway 2
12.McKinney Street/S. Fork
13.McKinney Street/Grissom
ii.Collect 24-hour traffic counts. Counts will be collected at 3 locations within the study
area to determine ADT and traffic flow patterns outside the peak hours.
iii.Collect queuing data. As part of the intersection turning movement counts, queues will
be measured every 15 minutes in terms of number of vehicles in turn lanes and through
lanes at each study intersection, and summarized by intersection and by approach.
d.Draft Existing Conditions Models and Exhibits.The existing data collection and meeting
notes will be assembled into a model. No operational analysis will be conducted in Phase 1, as
it is part of Phase 2. Any revisions to the Draft Existing Conditions Models will be incorporated
into the DraftMcKinney Street Corridor Plan Report (Task 2.4).
e.Deliverable: Draft Existing Conditions Plan, with existing transportation data collected in
Tasks 1.2 -1.3and meeting notes from Tasks 1.1 (one pdf, one WORD file with attachments,
and five hard copies)
f.Project Management. This task includes items such as monthly status reports of progress and
expenditures to accompany invoices, project schedule review and update, and management of
project team.
g.Deliverable: Overallproject administration.
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h.Summary of Phase 1 Deliverables:
Kick-off meeting notes
Draft Existing Conditions Report
Phase 2–Preliminary Alternatives Development
i.Perform Traffic Analysis and Prepare Report.This task will include an overall roadway
segment evaluation under both existing and future conditions. Utilizing existing data collected
in Phase 1, Huitt-Zollars will identify operational, safety and livability transportation issues.
These include the following,
i.Review transportation information from City of Denton General Transportation Plan.
To the extent possible, the McKinney Street Corridor Study will be consistent with
these other documents.
ii.Determine future traffic volumes from City and C/CAG. Estimate traffic growth along
the corridor at study intersections.
iii.Create a model of existing and future conditions in Synchro 9 software to evaluate
delay for left turns and queue lengths.
iv.Review circulation patterns, evaluate peak-hour traffic signal warrants at unsignalized
intersections for existing and future conditions, and provide recommendations for
additional traffic signals or other traffic control devices at up to two intersections.
v.Evaluate existing and future Levels of Service (LOS) for the study intersections. For
future conditions, projected traffic and pedestrian data will be used based on potential
growth and business development.
vi.Prepare opportunities and constraints figures for the corridor.
Deliverable: Draft Transportation Issues and Analysis Report summarizing transportation
issues, including items noted in i–viabove. Any revisions to the Draft Transportation Issues
and Analysis Report will be incorporated into the Draft McKinney Street Corridor Plan Report
(Task 2.4). The Draft Transportation Issues and Analysis Report will include:
Peak-hour traffic signal warrants and traffic control recommendations
Existing and Future Synchro Models
Figure indicating left turn storage lanes and median openings
Evaluation of High School access
j.City Review of Draft McKinney Street Corridor Plan.The draft plan will be sent to City of
Denton staff for review and comment. The City may elect to have the draft plan reviewed by
other agencies, stakeholders or interested parties as well. Comments receivedon the draft plan
shall be documented.
k.Meeting to Draft McKinney Street Corridor Plan with City Staff.The draft plan will be
presented to the City of Denton City Council.
Deliverable: Power Point Presentation to City Staff by Huitt-Zollars
l.Prepare Final McKinney Street Corridor Plan. After meeting with City staff to discuss
comments and responses to the draft plan, a Final McKinney Street Corridor Plan will be
prepared.
Deliverable: Final McKinney Street Corridor Plan Report (one pdf, five hard copies)
m.Project Management.This task includes items such as monthly status reports of progress and
expenditures to accompany invoices, project schedule review and update, and management of
project team and service providers.
Deliverable: Overall project administration.Summary of Phase 2Deliverables:
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Draft Transportation Issues and Analysis Report
Draft McKinney Street Corridor Plan Report
Presentation to City Staff
Final McKinney Street Corridor Plan Report
21.Surveys-Preparetopographic and right-of-way surveysof the project area, as defined by the
following items.
a.Control Survey–Establish project survey control points at 750 foot intervals throughout
project limits as needed for performing survey work and for future construction control. Control
will be referenced to the City of Denton’s Geodetic Datum and State Plane Coordinate system
for both horizontal and vertical values.
b.Right of Entry –Huitt-Zollars will work with the City’s Real Estate regarding needed rights-
of-entry. Research property ownership and prepare a list of property owners along the proposed
route. Prepare and send out right of entry request letters to property owners for access to
properties for surveying purposes.
c.Records Research–Obtain recorded deeds, recorded plats and existing right of way maps to
aid in define the existing right of way and adjacent property boundary lines.
d.Abstract Map/Deed Sketch–Prepare base ownership mapping from records research.
e.Right of Way Survey–Field survey to locate existing right of way and adjacentproperty
corners. Perform calculations and analysis of field survey with record information to determine
the location of the existing right of way and adjacent property boundaries. Obtain easement
information that s referenced in current deeds and plats and plot these easements. Prepare an
overall base map that shows the existing right of way, the adjacent property owners and existing
easements (that we are aware of) that abut the right of way.
f.Topographic Survey by Aerial Mapping -The topographic surveywill be obtained through
aerial photography and mapping to produce a topographic map with one foot contours. The
aerial mapping will cover a 150-foot strip, 75 feet each side of the centerline. Aerial targets
will be set and surveyed to control the aerialmapping. Supplemental on the ground survey will
be provided to perform a quality check on the aerial mapping and to obtain topographic
information in areas that are obscured by heavy vegetation and to obtain additional data not
obtainable through aerial mapping methods. Trees greater than 6 inches within the project right
of way will be identified, surveyed and shown on the survey. All utilities paint marks or flags
marked by Texas 811 will be located and shown on survey. The topographic survey will result
in a CADD drawing suitable for civil design of the project and digital color imagery rectified
to the project coordinate system along the corridor.
g.Exhibit Maps and legal descriptions for ROW acquisition and Utility/Drainage
Easements –Prepare a metes and bounds description and an 8 ½” x 11” exhibit map for
proposed ROW takes and utility and drainage easement parcels. The ROW and/or easement
description will be referenced to the boundary corners of the parent tract. In addition an
adequate amount of theROW and/or easement boundary will be staked using 5/8 inch iron
rods. Twenty (20) ROW or easement parcels are estimated to be needed.
h.Exclusionsto Survey Services:
1.Re-flagging and re-staking of horizontal & vertical control is not included.
2.ConstructionStaking will be performed by the D-B.
3.Right of way and or easement acquisition will be by the City.
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22.Environmental Investigation -Conduct an environmental investigation along the project area,
defined as follows.
a.Natural and Cultural Resources ConstraintsAnalysis–Qualified scientists, biologists, and
archaeologists will conduct desktop background research to preliminarily identify potential natural
resources constraints which could affect the project including:
i.Surface waters and wetlands
ii.Threatened and endangered species and migratory bird habitats, including sensitive and
critical habitats
iii.Cultural resources (archaeology and history)
b.Site Reconnaissance & Desktop Research-A site reconnaissance will be performed to observe
suspect areas of interest identified through desktop research for the presence of potential
constraints.A summary letter will be prepared to document professional opinions related to the
potential impacts to identified constraints (if any) and will provide recommendations and/or
potential regulatory implications associated with future proposed development.
i.Limited Regulatory Review for Hazardous Materials–Conduct a review of historical
resources and federal, state, and tribal regulatory databases to preliminarily identify
potential hazardous materials within the site.Results will be provided in a PDF-formatted
letter report.
ii.Draft Report-Submit a draft report to the City for review and comments. The report will
include field observations, preliminary results, findings, and opinions. Identify the required
pre-construction permitting and post-construction reporting that will be required for the
project.
iii.Final Report -Submit Final reports to the City after addressing review comments.
c.Exclusionsto Environmental Services:The following items are excluded from the above
Environmental Services, but can be provided on an as needed basis as additional services.
i.Environmental Permitting
ii.Waters of the U.S. (including wetlands) determination/delineation
iii.U.S. Army Corps of Engineers Permitting
iv.Agency consultation (USACE, USFWS, TPWD, THC, etc.)
v.Threatened and endangered species habitat assessment
vi.Presence-absence surveys for threatened and endangered species
vii.Migratory bird nest survey
viii.Intensive archaeological investigation (shovel testing, backhoe trenching)
ix.Phase I Environmental Site Assessment
x.NEPA documentation and assessment
xi.Expert Witness Testimony
23.Geotechnical Investigation-Conduct a preliminary geotechnical investigation and prepare a
preliminary geotechnical report for use in the design of the project by providing the following
services.
a.Field investigation–Drill thirteen(13) borings advanced to depths of about 20feet at
locations spaced approximately 1,300feet apart along the alignment. These borings will be
advanced at or near the locations of planned culvert crossings and roadway cut areas. USDA
soil conservation maps will be used to place borings in representative soil types.
The borings will be drilled and sampled using a truck-mounted drilling rig. Geotechnical
Consultant will arrange for necessary permits and traffic control to safely perform the field
work. Conventional tube or split-barrel (standard penetration test) samples will be collected
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as appropriate for the soils encountered. Bedrock strata, will be tested in-place using the
Texas Department Cone Penetrometer Tests. The recovered subsurface samples will be
preserved and labeled as to the appropriate boring number and depth in the field. These
materials will be described in further detail in the laboratory by a staff geologist or engineer.
Groundwater, if observed, will be recorded during and at the completion of drilling. After
final groundwater observations, the borings will be backfilled with the excavated cuttings.
b.Laboratory testing -Selected laboratory testing of the obtained samples will be performed
to evaluate soil index properties, strength, volume change potential and other characteristics
of the subsurface materials, andprovide data for analysis. These tests include but may not be
limited to the following:
i.Moisture content
ii.Atterberg limits
iii.Percent passing No. 200 mesh sieve
iv.Unconfined compressive strength
v.Overburden swell
vi.Soluble Sulfates
vii.Lime/pH series
c.Engineering and Reporting-Data obtained from the field investigation, laboratory tests and
past experience will be used in the engineering analysis and development of preliminary
recommendations. Information to be provided includes the following:
i.A plan sheet indicating the approximate location of each boring
ii.A log of each boring with the boring number, depth of each stratum, material
description, soil classification with laboratory test results, and groundwater
information
iii.A discussion of subsurface soil and groundwater conditions, if encountered
iv.A brief discussion of the site geology
v.Characterizationof the engineering properties of observedfillin the borings
vi.Preliminary recommendations for subgrade preparation for structures and pavements
vii.Preliminary recommendations for pavement section
viii.Earthwork recommendations, including material type(s) and backfill requirements
ix.Electronic copy of the report.
24.SUE Investigations-Conduct SUE investigations throughout the project corridor. All SUE
services provided for this project will be completed in conformance with the ASCE/CI 38-02
“Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data”. Quality
Level B designating is considered the minimum requirement.
a.Quality Level B SUE services:The minimum level of SUE effort required shall be designating
of utilities using a qualified service provider. This work will performed through the use of pipe
and cable locators, locators with transmitters, and metal detectors. This effort shall not require
the use of ground penetrating radar, acoustic / sonic equipment, or optical camera equipment
in or within manholes, vaults or conduits. It is estimated there are approximately 106,500 linear
feet of existing underground utilities within the project limits.The approximate limits of the
investigation include the proposed alignment, including 50 feet from centerline on residential
intersection crossing streets and 100 feet from centerline on Woodrow, Loop 288, and Mayhill
intersections.
As part of the RecordsResearch effort the SUE Engineer will perform the following:
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i.Contact the applicable “one call” agency and acquire records from all available utility
owners including City, County, and TxDOT.
ii.Perform in-field visual site inspection. Compare utility record information with actual field
conditions. Record indications of additional utility infrastructure and visual discrepancies
with record drawings.
iii.Interview available utility owners for needed clarification, resolution of found
discrepancies, and details notprovided on the record drawings.
As part of the Designating Effort SUE Engineer will perform the following:
i.Select and employ the appropriate suite of industry standard geophysical equipment to
search for existing utilities within the limits specified on the project. For
metallic/conductive utilities (e.g. steel pipe, electrical cable, and telephone cable)
electromagnetic induction and magnetic equipment will be employed. SUE Engineer will
attempt to designate non-metallic/non-conductive utilities using other proven methods,
such as rodding, probing, and Ground Penetrating Radar (GPR). As agreed to with the City,
this scope of work includes mapping of the following utilities: water, wastewater, natural
gas, gas/oil pipelines, electric, telephone, fiber, duct banks, cable TV, and storm sewer.
Unless specifically requested, utility service lines and irrigation lines are not included in
this scope.
ii.Interpret the surface geophysics, and mark the indications of utilities with paint or pin flags
on the ground surface for subsequent depiction on deliverable utility maps. The existing
utilities will be designated within the project limits as shown in Attachment “A”.
iii.Record all marks on electronic field sketches and correlate such data with utility records
and above ground appurtenances obtained from visual inspection to resolve differences and
discrepancies. Denote any utilities found where ownership/utility type is not available from
records as “unknown” facilities.
iv.Survey the existing utility designating marks and above ground utility appurtenances
according to the project control and record the data for subsequent depiction on the plan
deliverables.
v.Potential maintenance of traffic for temporary lane closures and sidewalk closures maybe
be required for completion ofdesignating on this project.
b.Quality Level A SUE services:Level A SUE services shall be considered supplemental, as
an allowance item, and require specific written authorization by the City prior to performing
QL-A SUE services.
Since the exact locations and depths are not know but for budgeting purposes the SUE Engineer
will perform ten (10) nondestructive “locates” of up to 10 feet deep for use within project
construction limits. This shall be done using vacuum excavation or another appropriate
technique. The SUE Engineer will coordinate with applicable parties including one call locates
prior to SUE work. The exact locations and depths of bore holes will be determined later and
be approved by the City. The SUE Engineer shall provide a schedule and location plan prior to
these locates as well as actual fees for this service prior to it being performed. SUE information
shall be documented on the design plans and provided to the City after completion of the tasks.
As part of the Locating Effort SUE Engineer will perform the following:
i.Employ vacuum excavation to verify the horizontal and vertical location of the existing
utilities at the locations to be determined later and approved by the City.
ii.Once each utility is located, SUE Engineer will record the utility type, size, material,
depth to top and general direction.
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iii.Each test hole will be assigned a unique ID number and will be marked with rebar/cap.
Test hole numbers will be painted in the field next to each completed test hole. A
survey lath labeled with the test hole ID number and other pertinent utility information
will be placed at each test hole location.
iv.If rock or concrete is encountered during the excavation and SUE Engineer is not able
to excavate through our normal test hole procedures, the City will be immediately
notified of the field condition. Excavation in rock or to a depth greater than 10 feet is
considered beyond the scope of this proposal and can be estimated for the City on a
case by case basis.
v.SUE Engineer will vacuum down to obtain the required information, and then replace
materialremoved, mechanically-tampedin 6-inch lifts. Asphalt surfaces will be
repaired with asphalt cold patch and concrete cores will be epoxied back in place, flush
with surrounding surface. If restoration efforts are needed beyond what is described
above SUE Engineer shall be notified in writing prior to mobilizing to the field.
Survey the final utility test hole locations according to the project control once all vacuum
excavation field work has been completed.
We do anticipate excavation permits from the City will be required for completion of test holes
on this project.
We do anticipate maintenance of traffic for lane closures and sidewalk closures will be required
for completion of test holes on this project. We have estimated three (3) days of closures for
this project.
We do anticipate coring of asphalt/concrete pavement will be required at the five (5) of the
locations within the project.
SUE Engineer’s field crews and equipment are not equipped or prepared to work in any area
that possibly are, or may have been contaminated with hazardous materials at any time.
25.Public Outreach Support-Prepare exhibits and presentation materials for two (2) Public
Meetings / Open House. Coordinate with the City on the agenda for the meeting and give the
technical portion of the presentation, if required. The City will arrange for the venue for public
meetings.
26.Design-Builder Procurement Documents Preparation
Huitt-Zollars shall assist the City in the procurement of a Design-Builder (D-B) in a two-step
process. Step 1 is forRequest for Qualifications (RFQ) Phasework,and Step 2 is for Request for
Proposal (RFP) Phasework.D-B selection will bebased onbest value to the City.This effort will
include the followingitems:
a.Step 1 –RFQ Phase
i.Prepare draft RFQdocumentsfor review and discussion with the City. Meet with the
City for refinement of the RFQ. Assist in the development and weighting of the
selectioncriteria to be used for the evaluation of the Design-Builder’s qualifications.
ii.Assist inadvertisingand issuingRFQ.
iii.City will receive SOQs.
iv.Prepare evaluation form and distribute SOQs to selection committee members.
v.Assist incompilation of evaluations, if required.
vi.Assist in recommendationof thethree(3)most qualified offerors for consideration and
for issuance of Request for Proposal.
b.Step 2 –RFP Phase
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i.Prepare draft RFPdocuments for review and discussion with the City. Meet with the
City for formulation and refinement of the RFP. Assist in developingSelection Criteria
and Weighting of Criteria for evaluation of the Proposals.
ii.Assist in issuance of theRFP along with the Bridging Documents.
iii.Assist in conductingPre-Proposal Meeting, if required.
iv.City will receive Proposals.
v.Prepare evaluation form and distribute Proposals to selection committee members.
vi.Assist in the review and evaluation of the D-Bs proposals. This effort may include,
but is not limited to, the following.
a)Coordinate communications with the D-Bs as requested by the City. Final
selection, if any, of the “best value” D-B will lie solely with the City. This will be
accomplished via a selection committee composed of City staffand Huitt-Zollars
staffif requested.
b)As requested by the City, assist in the documentation of the selection process and
provide summaries and reports in a format approved by the City.
c)As requested by the City, evaluate technical and managerial elements of each D-B
proposal and rank in accordance with criteria established in the RFP and in a format
approved by the City.
d)Review any value engineering proposals included in a proposal and provide a
written evaluation tothe City.
e)Review and comment on submitted proposed construction schedule and any
assumptions upon which the schedule is based.
f)Assist in compilation of evaluations, if required.
vii.Recommend the Best Value D-B Proposal to the City for approval and contract award,
if required by the City.
27.D-BFinal Design PhaseServices
Huitt-Zollars shall assistthe City duringthe D-B final design phase. This effort may include, but
is not limited to, the following.
a.Coordinate communications with the D-B as requested by the City.
b.Technical reviews shall be performed jointly by the City and Huitt-Zollars. Huitt-Zollars shall
provide technical review of plans and specifications submittalsby D-Bat each submittal phase.
It is anticipated design submittals will be required at 60%,95%, and 100%stage of completion.
The 100% submittal shall be signed and sealed by the D-B after confirmation that all comments
have been resolved.Huitt-Zollars’ technical review shall ensure the plans and specifications
designed by the D-B meet the performance and quality criteria set forth in the contract
documents. The technical review shall also include review for compliance with any applicable
provisions, rules, and regulations, standards of any authority or agency having jurisdiction over
any element of the project. Format for review comments submittal shall require approval by
the City.
c.Evaluate D-B value engineering proposals, if any, and advise the City on the merits and
disadvantages, if any, of each proposal. This shall include advising the City of any changes to
the requirements of the contract documents which may be required by acceptance of a value
engineering proposal.
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d.Review and reconcile all estimates and updates and provide a written report to the City
identifying any variance and underlying cause for variance. This service will include discovery
of unknown site conditions, changes in market conditions for labor and materials, unanticipated
requirements of an agency of governing authority which has jurisdiction over any element of
the project, owner requested change to the project scope, etc. Provide the written report within
14 calendar days of receipt of a cost estimate.
e.Track and report on the D-B actual progress versus scheduled progress and notify the City of
any project issues that may arise which could impact the orderly progress of the project.
f.Attend any design review meeting with governmental authorities, utility providers, etc.
concerning regulatory compliance issues for utilization, access, and providing utilities to any
site, etc. Provide a copy of meeting notes to the City within 3 calendar days of any meeting.
g.Huitt-Zollars shall consult with the City during this phase of the project and shall immediately
advise the City of any unusual requirements or features not apparent during formulation of the
project requirements that may impact schedule and budget.
h.As the design progresses, additional geotechnical investigation could be performed to aid in
developing the final pavement design and appropriate subgrade preparation, as well as other
geotechnical-related design needs that may arise.
28.D-BConstruction PhaseServices
The City intends to use its inspections staff in the daily observation of construction. To augment
the City’s staff and as requested, Huitt-Zollarswill provide engineering, observation and testing
services during theconstructionimplementation phase of the project. This effort may include, but
is not limited to, the followingitems.
a.Conduct periodic site visits (twice a month) to observe the construction of the project.
Observations are to determine that the workmanship, quality of materials, and system(s)
performance are in general conformance with the requirements of the plans and specifications.
Observation shall be provided by personnel technically qualified by education and experience
to competently observe such work.
b.Provide a written report on all site visits and submit to the City within 7 calendar days of site
visit. Copies shall be submitted in hard copy and electronic format. Electronic format may be
submitted as attachments to e-mail.
c.Maintain project files, readily accessible to the City, for all construction drawings, request for
information submittals, shop drawings, and any other documents, correspondence, etc.
generated during the term of the project. City will maintain all record files and process all
“open records” requests for information related to the project.
d.Review technical submittals, shop drawings, catalog data, laboratory, shop and mill test reports
of materials and equipment for general conformance with design concepts.
e.Provide independent cost estimates and evaluation of any proposed changes to the project either
provided by the D-B as a “value engineering” proposal or as requested by the City as a project
enhancement/modification. This is to include assisting the City, as requested, with negotiations
for any proposed change determined by the City to add value to the project.
f.Upon receipt of notification by the D-B that the work or a portion thereof as specified in the
contract documents has been completed, Huitt-Zollars and the City shall conduct an inspection,
performed by the appropriate members of his staff and/or affiliates and shall prepare a list of
the items needing correction. After the D-B has performed the required corrections satisfactory
to the City, a final inspection will be conducted. Huitt-Zollars shall accompany the City on the
final inspection to assure that the work or portion thereof has been completed in accordance
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with the requirements of the Contract Documents. Huitt-Zollars shall review all warranties,
guarantees, bonds, etc. to ensure that all documents are received and that they meet the
requirements of the Contract Documents, after which they shall be transmitted to the City.
g.Huitt-Zollars shall receive from the D-B and review all “record / as-built” drawings and verify
all field changes / adjustments have been transmitted to the original CADD drawings and are
clearly labeled as being “record / as-built” documents,and verify the drawing files are in
compliance with the requirements of the contract documents. Upon satisfaction that all
requirements have been complied with forward electronic filesand hard copies (if required)to
the City.
h.Huitt-Zollars shall recommend to the City, once all contract requirements have been satisfied
by the D-B, that substantial completion has been obtained.
i.It is intended that the D-B will be responsible for its quality control and will provide
construction material engineering testing (CMT), and that the City or Huitt-Zollars will
perform in a quality assurance role.
29.CMT Services-It is intended that the D-B will be responsible for its quality control and will
provide construction material engineering testing (CMT), and that the City or Huitt-Zollars will
perform in a quality assurance role. An allowance item will be provided for construction material
engineering testing (CMT) services performed by Huitt-Zollars. The CMT serviceswhich Huitt-
Zollars may provide caninclude:
i.Moisture/Density Relationships
ii.Acceptance testing of any imported materials
iii.Density testing including fill areas, stabilized paving subgrade, utility trench
backfill, backfill around structures
iv.Wall, culvert, manhole concrete testing
v.Roadway concrete and/or Asphalt testing
vi.All testing and inspection reports, prepared and distributed
vii.Pre-Construction and Progress Meeting Attendance as Requested
viii.All testing not previously mentioned as required by City and Project
Specifications
ix.Close Out documents as required
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DocuSign Envelope ID: BE0AC441-9BE4-40C5-9320-04956827A16D
Exhibit 7
McKinney Street, City of Denton
2018 HOURLYRATESHEET
Engineering/ArchitectureSurvey
Principal-In-Charge$265.00
SurveyManager$195.00
QAManager$250.00Sr.ProjectSurveyor$155.00
Sr.ProjectManager$250.00ProjectSurveyor$145.00
ProjectManager$205.00FieldCoordinator$130.00
Sr.CivilEngineer$210.00Sr.SurveyTechnician$110.00
Sr.StructuralEngineer$210.00
Sr.MechanicalEngineer$210.00 SurveyCrews
Sr.ElectricalEngineer$210.00
1-PersonSurveyCrew$105.00
CivilEngineer$165.002-PersonSurveyCrew$150.00
StructuralEngineer$165.003-PersonSurveyCrew$175.00
MechanicalEngineer$155.00
ElectricalEngineer$155.00 Construction
PlumbingEngineer$155.00
ConstructionManager$195.00
EngineerIntern$115.00ResidentEngineer$155.00
Sr.LandscapeArchitect$170.00Sr.ResidentProjectRepresentative$165.00
LandscapeArchitect$130.00ResidentProjectRepresentative$140.00
LandscapeArchitectIntern$100.00
Sr.Planner$185.00 Administrative
Planner$165.00
Sr.ProjectSupport$100.00
PlannerIntern$120.00ProjectSupport$80.00
SustainabilityProfessional$150.00
Sr.Designer$155.00 ReimbursableExpenses
Designer$135.00ConsultantsCost+10%
Sr.CADDTechnician$130.00OtherDirectCostsCost+10%
Mileage IRS StandardBusinessMileageRate
CADDTechnician$110.00
Note:NewrateswillbeestablishedeachFebruary1sttoreflectcostoflivingsalaryadjustments.
Certificate Of Completion
Envelope Id: BE0AC4419BE440C5932004956827A16DStatus: Completed
Subject: City Council Docusign Item - 6401 McKinney Street Widening
Source Envelope:
Document Pages: 30Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 0Rebecca Hunter
AutoNav: Enabledrebecca.hunter@cityofdenton.com
EnvelopeId Stamping: EnabledIP Address: 10.102.101.11
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: OriginalHolder: Rebecca HunterLocation: DocuSign
10/3/2017 12:04:52 PM rebecca.hunter@cityofdenton.com
Signer EventsSignatureTimestamp
Rebecca HunterSent: 10/3/2017 1:13:55 PM
Completed
rebecca.hunter@cityofdenton.comViewed: 10/3/2017 1:14:07 PM
Assistant Purchasing ManagerSigned: 10/3/2017 1:15:43 PM
Using IP Address: 129.120.6.150
City of Denton
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(Optional)
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Not Offered via DocuSign
John Anthony Sosebee, P.E.Sent: 10/3/2017 1:15:44 PM
tsosebee@huitt-zollars.comViewed: 10/3/2017 1:19:14 PM
Senior Vice PresidentSigned: 10/3/2017 1:20:07 PM
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Accepted: 10/3/2017 1:19:14 PM
ID: 165a96fa-bfc7-4b19-936e-41b6e8cf7d4a
Jennifer DeCurtisSent: 10/3/2017 1:20:10 PM
jennifer.decurtis@cityofdenton.comViewed: 10/3/2017 2:29:02 PM
Deputy City AttorneySigned: 10/3/2017 2:29:34 PM
City of Denton
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Julia WinkleySent: 10/3/2017 2:29:36 PM
Completed
julia.winkley@cityofdenton.comViewed: 10/3/2017 2:34:32 PM
Contracts Administration SupervisorSigned: 10/17/2017 2:36:41 PM
Using IP Address: 129.120.6.150
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Todd HilemanSent: 10/17/2017 2:36:44 PM
todd.hileman@cityofdenton.comViewed: 10/17/2017 7:28:04 PM
City ManagerSigned: 10/17/2017 7:28:09 PM
City of Denton
Using IP Address: 47.190.47.120
Security Level: Email, Account Authentication
Signed using mobile
(Optional)
Electronic Record and Signature Disclosure:
Signer EventsSignatureTimestamp
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer WaltersSent: 10/17/2017 7:28:11 PM
jennifer.walters@cityofdenton.comViewed: 10/19/2017 10:58:16 AM
City SecretarySigned: 10/19/2017 11:00:59 AM
City of Denton
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In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
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Intermediary Delivery EventsStatusTimestamp
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Carbon Copy EventsStatusTimestamp
Julia WinkleySent: 10/3/2017 1:20:09 PM
julia.winkley@cityofdenton.comViewed: 10/6/2017 6:46:57 AM
Contracts Administration Supervisor
City of Denton
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Sherri ThurmanSent: 10/3/2017 1:20:09 PM
sherri.thurman@cityofdenton.com
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Jane RichardsonSent: 10/17/2017 2:36:43 PM
jane.richardson@cityofdenton.comViewed: 10/18/2017 10:31:29 AM
Assistant City Secretary
City of Denton
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Robin FoxSent: 10/17/2017 2:36:43 PM
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Carbon Copy EventsStatusTimestamp
Jennifer BridgesSent: 10/19/2017 11:01:01 AM
jennifer.bridges@cityofdenton.comViewed: 10/20/2017 1:15:45 PM
Procurement Assistant
City of Denton
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Jane RichardsonSent: 10/19/2017 11:01:02 AM
jane.richardson@cityofdenton.comViewed: 10/30/2017 12:41:16 PM
Assistant City Secretary
City of Denton
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Chad AllenSent: 10/19/2017 11:01:03 AM
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Annie BungerSent: 10/19/2017 11:01:04 AM
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Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted10/19/2017 11:01:04 AM
Certified DeliveredSecurity Checked10/19/2017 11:01:04 AM
Signing CompleteSecurity Checked10/19/2017 11:01:04 AM
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Payment EventsStatusTimestamps
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