2009-107ORDINANCE NO. e~?09--AD7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND
ENGINEERING SERVICES RELATING TO THE EAGLE DRIVE DRAINAGE SYSTEM FOR
THE CITY OF DENTON ENGINEERING DEPARTMENT: PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
4309-AWARDED TO TEAGUE NALL AND PERKINS IN AN AMOUNT NOT-TO-EXCEED
$304,800).
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 I. The City Manager is hereby authorized to enter into a professional service
contract with Teague Nall and Perkins, to provide professional engineering and related services for
the design of the Eagle Drive Drainage System project, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day, of ,2009.
MARK A. BU IS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Kh \1 a)-
BY:
A\ %
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-OFD e 4309
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
2009, by and between the City of Denton, Texas, a Texas municipal
co o tion, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 235 W. Hickory, Suite 100, Denton , Texas 76201 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 I
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Professional Engineering Services for Surveying and Engineering for Improvements
to Eagle Drive Drainage (trib of Trib PEC-4
(includes Attachments A, B, C and D)
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 224,900
2.1.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.2 SPECIAL SERVICES
2.2.1 For Special Services the total compensation shall be $77,400
2.2.2 Progress payments for Special Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services see Attachment C, Which includes the
feelrate schedule
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a
multiple of 1.10 times the amounts billed to the Design Professional for such
additional services.
2.4 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.10 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of $2,500 without the prior written approval of the Owner.
2.5 TOTAL CONTRACT AMOUNT $304,800
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
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1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Attachments A through D
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
GEO GE C. CAMPBELL
CITY MANAGER
ATTEST:
JE IFER WALTERS, TY SECRETARY
BY: A A-)
APPROVED AS TO LEGAL FORM:
ANITA B G S, CITY A RNEY
BY:
Teague Nall and Perkins
BY:
Gary,IL Vickery, P.
Pri cipal
WITNESS:
BY:
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineers services consist of those services for the Project (as defined in the agreement (the "Agreement")
and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer
(hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2
and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards
consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same
locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care").
The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of
the Project. Upon request of the Owner, the Design Professional shall submit for the Owners 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 Owners review and for approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design
Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2
through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical
engineering services and any other engineering services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE MA)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owners needs and to establish the requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owners program, construction schedule and
construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.23 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall
prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the
scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminarydetailed estimate of Construction Cost based on current
area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period of time from the commencement to the completion of construction.
23 DESIGN DEVELOPMENT PHASE (N/A)
23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, sche-
dule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all
applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents, Design
Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE (See attachments for detailed scope information)
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project
or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information,
bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor.
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2.43 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost
indicated by changes in requirements or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required
for the approval of governmental authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT (See attachments for detailed scope information)
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary
detailed estimate of Concoction Cost, shall assist the Owner in procuring a construction contract for the Project through any
procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process.
Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole
discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the
approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to
reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total
construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - AD,IIINISTRATION OF THE CONSTRUCTION CONTRACT (See attachments for
detailed scope information)
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate
for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For
design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Con-
tract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the
administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central
Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement.
2.63 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted,
modified or extended without written agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction,
and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Con-
struction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the
Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is
in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being
performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design
Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the
Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care
and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the
Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design
Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design
Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design
Professional shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The
Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the
Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the wort: and evaluations of the Contractor's Applications for
Payment, the Design Professional shall review and certify the amounts due the Contractor.
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2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design
Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractors Application
for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable
prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for
Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction
means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract
Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the
Contmct Documents, the Design Professional will have authority to require additional inspection or testing of the work in
accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and'
equipment suppliers, their agents or employees or other persons performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as
Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes,
ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the
requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay
in the work or in the construction of the Owner or of separate contractors, while allowing 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.
2.6.13 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 of
the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the 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 of the Owner
and Contractor under the requirements of the Contract Documents on written request of either 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 the form 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.
2.6.17 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.
2.6.18 The Design Professional (1) 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 a digital copy and one set of reproducible prints showing all
significant changes to the Construction Documents during the Construction Phase. The reproducible prints will be based on
information provided to the Design Professional by others.
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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 33 are required due to circumstances beyond the
Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or pan of such
Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services.
Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not
required due to the negligence or fault of Design Professional.
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 Professional shall
provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities.
3.22 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional
shall be compensated therefore as agreed by the Owner and Design Professional.
33 CONTINGENT ADDITIONAL SERVICES
33.1 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 Owners failure to render decision in a timely manner.
33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality,
complexity, or the Owners schedule, except for services required under Subsection 2.5.2.
333 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec-
tion with Change Orders and Construction Change Directives.
33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing
services required in connection with the replacement of such work
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the
Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.
33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with
the work.
33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design
Professional is party thereto.
33.8 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.
33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
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3.42 Providing planning surveys, site evaluations or comparative studies of prospective sites
3A3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or
others having jurisdiction over the Project
3.4A Providing services relative to future facilities, systems and equipment
3.45 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing 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.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing 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.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation
of furniture, furnishings and related equipment
3.4.14 Providing 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 por-
tions of the Project provided as a pat of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant
changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to
the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all
services described in this Article 3 that are caused or necessitated in whole or in pat due to the negligent act or omission of the
Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owners
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.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owners other
costs and reasonable contingencies related to all of these costs.
43 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to
fulfill the Owners obligations under this Agreement
4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project. The Owner
or such authorized representative shall render decisions in a timely mariner pertaining to documents submitted by the Design
Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services.
45 Where 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 ap-
plicable, 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
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4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the
Design Professional. Such services may include but 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 Professional and are not retained by the Design Professional as part of its Basic Services
or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall fumish structural, mechanical, chemical, air and water pollution
tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the
Contract Documents.
48 The 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.
49 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumished at the
Owners expense, and the Design Professional shall 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 Professional if the Owner becomes aware of any fault or defect
in the Project or nonconformance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or
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.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the
Contractors 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.
5.13 Construction 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.
51 RESPONSIBILITY FOR CONSTRUCTION COST
51.1 Evaluations of the Owners Project budget, preliminary estimates of Construction Cost and detailed estimates of Construc-
tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials or equipment, over the Contractors methods of determining bid prices, or over competitive bidding or
market conditions. Accordingly, the Design Professional cannot and does not wan-ant or represent that bids or cost proposals
will not vary from the Owners Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
the Design Professional.
511 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If
such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed limit Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for Construction.
513 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction
Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner
and the date on which proposals are sought
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENT'S
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6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of
the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement
The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to
this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes
than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that
project
6.2 Submission 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 cooperate in providing information.
7.2 If 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.
73 The 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.
7A Failure 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.
7.5 If 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
7.6 In 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, holidays, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
81.1 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-0f4own travel;
long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project
81.11 Expense 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.
81.13 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
811A Expense of renderings, models and mock-ups requested by the Owner.
81-1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project
81.1.6 Other expenses that are approved in advance in writing by the Owner.
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83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work
831 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional, compensation for any services rendered during the additional period of time shall be computed in the
manner set forth in Section 2 of the Agreement.
833 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise
not ca mmeted, compensation for those portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expenses incurred.
85 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or
Owners authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the 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, agents, and employees
from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court
costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, shareholders, agents, or employees in the execution, operation, or performance of the Agreement.
91 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing
herein shall 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 10 INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance
with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 for each accident, and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
105 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
a waiver 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.
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ARTICLE II 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.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal represen-
tatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party
with respect to all covenants of this Agreement The Design Professional shall not assign its interests in the Agreement without
the written consent of the Owner.
113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other
attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the
Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The
Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the
Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given
priority in the following order:
The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
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.
11.5 Upon 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 Owners confidential or proprietary information
if the Owner has previously advised the Design Professional in writing of the specific information 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.
11.7 All 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 within three (3) days after mailing.
11.8 If 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.
11.9 The 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 hereinafler be amended
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on
the basis of 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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ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
EAGLE DRIVE DRAINAGE SYSTEM CONSTRUCTION DOCUMENTS
CITY OF DENTON
BASIC SERVICES
PROJECT DESCRIPTION
Based on the Preliminary Design prepared under separate contract, this project will
consist of surveying and engineering services necessary to prepare construction plans
and bid documents for the south tributary of Pecan Creek Tributary PEC-4 (commonly
called the Eagle Drive drainage system) of the improvements identified in the Preliminary
Design. The project limits are from the existing 20'x40' culvert at Wainwright upstream to
the existing double 10'x4' box along the south side of Eagle, just east of Carroll Blvd.
GENERAL
Basis for the Scope of Services
The following assumptions were used by the ENGINEER for the preparation of this
scope of Basic Services:
This analysis will be based on the Preliminary Design previously
completed.
2. The Preliminary Design described three alternate routes for construction,
and recommended Option 3. The scope of this agreement is based on
preparation of construction plans for Option 3 generally as depicted in the
Preliminary Design Report.
3. No permit from the US Army Corps of Engineers under Section 404 of the
Clean Water Act will be required, based on previous meetings with the
Corps.
4. Right-of-Way acquisition is not included as a part of Special Services.
5. Construction plans will include drainage improvements as well as
necessary water and wastewater relocations. However, local drainage
systems will only be in the immediate proximity of the main box trunk line,
and may not be extended significantly upstream of the box trunk line.
6. TxDOT coordination and permits will be required for crossing Locust and
Elm streets. The Engineer will meet with the City and TxDOT, submit plans
through the City for TxDOT review, and coordinate as necessary to acquire
the permits.
7. No LOMR is anticipated.
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8. No traffic control plans will be prepared as part of the scope of this
agreement, other than to provide performance requirements that the
contractor must comply with in his preparation of a traffic control plan.
9. A specific tree survey is not a part of the scope of this agreement.
Significant trees that will impact construction will be shown, but mesquite
trees, for example, will not be surveyed or shown on the plans.
10. Construction staking is not included in the scope of work.
11. Materials testing during construction is not included in the scope of work.
Scope of Basic Services
The scope of this work is described as follows:
A. Design Meetings
1. The ENGINEER will conduct a project kickoff meeting with City staff to
clarify responsibilities, to specify phasing and other issues not yet
finalized, and to review the project schedule, which the ENGINEER will
provide at the meeting.
2. The ENGINEER will meet regularly as needed with the City of Denton
staff during the development of the final design phase of the project.
B. Project Management, Administration and Coordination
1. The ENGINEER will establish a work program and schedule for each
subconsultant, as necessary, at the beginning of each phase of the
project. The ENGINEER will be responsible for the coordination,
supervision, review and incorporation of work performed by
subconsultants.
C. Data Collection
1. The ENGINEER will collect, compile, and evaluate existing data collected
from the City of Denton or other entities that provide existing information
related to the design of the project.
2. A location map/schematic plan will be provided to the affected utility
companies by the ENGINEER. These schematics will be used by the
utility companies to show approximate locations of their facilities that are
or may be affected by the project.
3. The ENGINEER will make every effort to obtain as-built, record, and/or
future plans for the following facilities in the project area including:
a. Culverts
b. Roadway
C. Water Lines
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d. Sanitary Sewer Lines
e. Storm Drain Lines
f. Telephone and Cable TV Underground and/or Overhead Lines
g. Electric Underground and/or Overhead Lines
h. Gas Lines
i. Other Utilities Known to Serve the Project Area
4. The ENGINEER will compile the preliminary information obtained above
for later use in the field to help surveyors tie existing utility locations. The
locations of utilities tied from field surveys will be shown on the paving
and drainage plans, as appropriate.
5. The ENGINEER will provide copies of the Preliminary Plans already
prepared under separate contract to known utility companies early in the
project to make them aware of the proposed construction and to request
plan information.
6. The ENGINEER will use the Subsurface Utility Engineering report (see
Special Services) to attempt to identify and locate existing utilities within
the limits of the project. Based on the available information, the
ENGINEER will identify potential utility conflicts and will provide "plans
adequate" to utility companies for their use in identifying conflicts and
designing necessary relocations. The ENGINEER will provide the utility
companies with information identifying possible conflicts, and will design
the project to minimize those conflicts where that is feasible. The
ENGINEER will not design utility relocations other than City of Denton
water and wastewater facilities.
CONSTRUCTION PLANS AND SPECIFICATIONS
A. Storm Drainage Design
The ENGINEER will develop plans for the proposed drainage
improvements. These plan sheets will be at a 1"=20' scale and contain
topographic information, existing and proposed right-of-way lines, existing
underground utilities at locations of conflict, locations of driveways,
pavement edges, contours where necessary, limits of structures, limits of
retaining walls, if any, drainage structures including pipes, limits of
barriers and any other information necessary for construction. Profiles
will contain existing ground lines at the center of the proposed storm
drain, a hydraulic grade line, locations of utility crossings, limits of
structures and profile elevations at 50 foot intervals.
2. Drainage area maps will be included in the plans, based on the
Preliminary Design report previously prepared.
3. The ENGINEER will prepare cross-sections along the storm drain system
at selected locations to depict construction.
4. A project title sheet will be prepared as required and included in the
plans.
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5. Project Layout sheets will be prepared at a uniform scale which clearly
indicate the limits of the entire project and the main construction elements
of the project.
6. Typical sections will be prepared showing the necessary backfill and
embedment for the various storm drain systems.
7. Details will be developed as necessary, including paving, drainage,
culvert, water and wastewater, and miscellaneous details to describe the
various types of construction for which the CITY has no pertinent
standard details available.
8. An Erosion Control Plan will be prepared for the project, but a Stormwater
Pollution Prevention Plan (SWPPP) will not. Standard City of Denton and
NCTCOG details for erosion control will be used as appropriate.
9. A ROW Map will be included in the plans, based on the boundary survey.
The ROW Map will show property lines and both permanent and
temporary easements acquired for construction.
B. Water and Wastewater Relocation Plans
The ENGINEER will coordinate with City staff regarding water and
wastewater relocations necessary to clear the proposed drainage system.
Relocation plans will be limited to relocations necessary to clear the
proposed drainage improvements, and will not extend significantly
beyond the drainage system construction zone. The relocations shown
on the preliminary plans generally depict the limits of the relocations.
Design for significant rerouting of existing lines will be considered
Additional Services.
2. Plan and profile sheets will be prepared for the necessary water and
wastewater system relocations, along with necessary details.
C. Preliminary Quantities and Opinion of Probable Cost
Project quantities and an Opinion of Probable Construction Cost will be a
part of each submittal, as outlined below.
2. The ENGINEER's opinion of probable construction costs will be prepared
for the entire project using current unit cost data. These opinions of cost
will be provided on the basis of ENGINEER's experience and professional
judgment, but will not imply any warranty that final bids might not vary
from the cost opinions provided, since neither the ENGINEER nor the
CITY have any control over market conditions or bidding procedures.
D. Submittals
1. Preliminary Plans
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Preliminary plans will include essentially complete storm drain plan and
profile sheets, along with drainage area maps, preliminary utility
relocation plans, and preliminary bid documents. Up to four (4) sets of
preliminary plans will be submitted for CITY review, along with an
updated Opinion of Probable Construction Cost. Upon CITY approval of
preliminary plans, copies will be delivered to utility companies as plans
adequate for utility relocation design.
2. Final Plans
Final plans will include the complete plan set, along with bid documents
and specifications and a final updated Opinion of Probable Construction
Cost, for the proposed storm drain and utility construction. Up to four (4)
sets of final plans will be submitted for CITY review. Exhibits and
materials necessary for submittal to TxDOT for permits at Locust Street
and at Elm Street will be submitted with the final plans.
3. Final Bid Documents
Final documents will be based on CITY review comments of the initial
final plan submittal. Deliverables will include a full-size signed and sealed
plan set ready for bid distribution, along with a final Opinion of Probable
Construction Cost, and complete bid documents and specifications.
BIDDING & CONTRACT AWARD PHASE
ENGINEER will assist the CITY in the advertisement of the project for bid.
The CITY shall bear the cost of advertisement. The ENGINEER shall
provide up to 30 sets of construction plans, specifications and contract
documents for use in obtaining bids, awarding contracts, and constructing
the project. Additional sets of plans required will be considered Additional
Services and will be paid for by the CITY at commercial printing rates.
The CITY shall be responsible for dispersing all plans and specifications
from its purchasing department to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding
& Contract Award phase by responding to bidder and CITY questions,
reviewing the bids, preparing a bid tabulation, and making a
recommendation of award to the CITY. ENGINEER will prepare
necessary addenda during the bidding phase for distribution by the City of
Denton Purchasing Department.
3. The ENGINEER will be present at a Pre-Bid meeting, will attend the Bid
Opening, and will prepare a bid tabulation of the bids received, and will
prepare a recommendation of award to the CITY.
CONSTRUCTION PHASE
A. Construction Support
Page 5 of 12
The ENGINEER will provide limited construction support for the project within the
scope of Basic Services as outlined below. Detailed daily construction inspection
and 'project oversight will be performed by the CITY. Any construction phase
services requested by the CITY beyond those described below will be provided
as Additional Services.
Attend pre-construction conference.
2. Consult and advise the CITY; and prepare routine change orders as
required. Provide consultation on field changes to the construction plans.
3. Prepare and submit record drawings (electronic and mylar) based on
information provided by the Contractor and the City inspector.
Page 6 of 12
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
Special Services that will or may be provided by the ENGINEER for this Project include:
Design Surveys, Boundary Survey, Easement Documents, Easement Acquisition, Utility
Coordination, Subsurface Utility Engineering, TxDOT Permits, Geotechnical
Investigations, and Public Meetings (as needed). The scope of work for these Special
Services is more specifically described as follows:
DESIGN SURVEY
1. The design survey will include cross-sections at 50' intervals and 50' left and
right of edge of the existing channel structure, locating all aboveground
visible improvements and trees 6" or larger. The design will begin at
Wainwright Street and follow the existing open channel upstream across
Locust Street, then across Elm Street and due west to Maple Street, then
south on Maple Street and across Eagle Drive to include the entire
Eagle/Maple intersection. The survey will also depart from the existing
channel to go south on Locust approximately 250', then turn west across
commercial property to rejoin the existing channel. In addition, the survey will
include the southwest corner of the Eagle Drive/Carroll Blvd. intersection.
Detailed survey will extend approximately 100' along all crossing streets
2. The project area will be surveyed for location of existing above ground utilities
(valves, manholes, hydrants, etc) and storm drainage system components
(inlets, junction boxes, pipe outlets, etc). The ENGINEER will rely on the
cooperation of the various utility companies and any information they or the
CITY make available, along with the markings generated by the Subsurface
Utility Engineering (SUE) effort. Ties of locates and potholes of franchise
utilities are not a part of this Special Service, but are included in the scope of
the SUE.
3. Survey will locate the geotechnical borings.
4. Horizontal control monumentation and vertical benchmarks will be
established as necessary.
5. The CONSULTANT will exercise care in completing this surveying
assignment by using traffic control devices, flags and safety equipment when
necessary.
BOUNDARY SURVEY
1. A strip map will be prepared at the preliminary plan submittal phase to show
the proposed right-of-way/easements needed.
2. The ENGINEER will research property owners and order recorded deeds and
plats. No title search is included in the scope of this agreement. Title work
will be obtained by the City.
3. A right-of entry letter notification and follow up will be conducted prior to
entering private property along the route.
Page 7 of 12
4. A deed sketch will be developed from the deeds and plats as a basis for
locating the necessary corners on the ground.
5. The survey crew will search for property comers based on the deed sketch,
and will tie the comers horizontally.
6. A boundary analysis will be conducted by a Registered Professional Land
Surveyor to identify and establish property lines along the route. All
easement documents will be prepared based on the completed boundary
analysis.
EASEMENT DOCUMENTS
1. The consultant will prepare right-of-way/easement documents for each
existing property that will require right-of-way/easement acquisition. Right-of-
way/easement documents will include a parcel map detailing the acquisition
(Exhibit "A"), included with the parcel map will be a Legal description of said
acquisition (Exhibit "B"), signed by a Texas Registered Professional Land
Surveyor.
SUBSURFACE UTILITY ENGINEERING
(Note: Subsurface Utility Engineering will be performed primarily by a sub-
consultant (Gorrondona & Associates, Inc.) under contract with the
ENGINEER. The ENGINEER shall coordinate with the SUE consultant, review
reports, and incorporate the results into the plans. In the following description
of the scope of the Subsurface Utility Engineering Report, the term ENGINEER
refers to both the ENGINEER and the SUE consultant.)
The ENGINEER will perform the Subsurface Utility Engineering (SUE) work required
for this project in general accordance with the recommended practices and
procedures described in ASCE Publication CUASCE 38-02 (Standard Guideline for
the Collection and Depiction of Existing Subsurface Utility Data). As described in the
mentioned ASCE publication, four levels have been established to describe the
quality of utility location and attribute information used on plans. The four quality
levels are as follows:
• Quality Level D (QL"D") - information derived from existing records;
• Quality level C (QL"C") - QL"D" information supplemented with information
obtained by surveying visible above-ground utility features such as valves,
hydrants, meters, manhole covers, etc.
• Quality Level B (QL"B") - Two-dimensional (x, y) information obtained
through the application and interpretation of non-destructive surface
geophysical methods. Also know as "designating" this quality level provides
the approximate horizontal position of subsurface utilities within
approximately one foot.
• Quality Level A (QL"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.
Page 8 of 12
The due-diligence provided for this project will consist of reviewing "As-Built"
documents previously compiled (provided by the City of Denton and franchise utilities
where available). Utilities that are not identified through these efforts will be here
forth referred to as "unknown" utilities. The ENGINEER will scan the defined work
area using electronic prospecting equipment to search for "unknown" utilities.
However, the ENGINEER does not warrant that all existing utilities will be located in
the field. The ENGINEER further does not warrant that all utilities located can be
identified.
The SUE will consist of a Level B survey including base maps showing existing
utilities. Based on the findings of the Level B investigation, a partial Level A survey
will be conducted, consisting of locating vertical information at selected locations.
The SUE will proceed as follows:
The ENGINEER will review the project scope of work and available utility
records.
2. Once these initial reviews are complete, the ENGINEER will begin
designating the approximate horizontal position of known subsurface utilities
within the specified project limits. DIGTESS will be contacted as a part of this
effort. 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 line) 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), the ENGINEER will
attempt to designate the utility by probing. The ENGINEER will utilize a
vacuum excavation truck equipped 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, the ENGINEER 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.
3. The ENGINEER will designate all known utilities along and crossing the
streets and will record electronic depths at specified locations in an effort to
minimize the number of test holes required. Please note that electronic
depths are not accurate and should not be used for design purposes.
4. Field surveying to tie the utility information so designated will be done by the
ENGINEER.
5. Once complete and accurate survey information is received, the ENGINEER
will prepare SUE plans in the specified format.
6. The ENGINEER will establish routine/ordinary traffic control (cones and free
standing signage, etc.) whenever required. If non-routine traffic control
measures are required (barricades, flag person, changeable message board,
Page 9 of 12
etc.), these services will be considered Additional Services. These Additional
Services are not anticipated at this time.
7. The ENGINEER will review the SUE exhibits and the preliminary plans with
the City staff and identify locations where underground utilities need to be
exposed and depths determined.
8. The ENGINEER will utilize its utility designation marks to layout the test-hole
locations. When test holes are required under pavement, the ENGINEER will
use a 10° core drill to prevent spalling. The test hole will be backfilled with
clean, dry backfill and finished with like material, concrete or asphalt.
9. The ENGINEER will utilize non-destructive vacuum excavation equipment
test holes at the required locations. Once each utility is located, the
ENGINEER will record the utility type, size, material, depth to top, and
general direction. Each test hole will be assigned a unique ID number and
will be marked with rebar/cap, nail/disk, or chiseled X, as appropriate. The
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 prevent future settlement.
10. Test hole data will then be incorporated into the construction plans.
TXDOT PERMITS
The project will require TxDOT permits to cross both Elm Street and Locust
Street. The ENGINEER will prepare plans and exhibits depicting the
necessary work within TxDOT right-of-way for submittal to TxDOT by the
City.
2. The ENGINEER will meet with City and TxDOT staff as necessary to
describe the proposed project and to secure the necessary permits.
GEOTECHNICAL INVESTIGATIONS
(Note: Geotechnical Investigations will be performed by a sub-consultant (CMJ
Engineering, Inc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the geotechnical consultant and review test reports and
recommendations.
Six (6) borings will be taken at specified locations along the length of the
project, generally to a depth of 20'.
2. Laboratory analysis will include moisture analysis, soil identification,
Atterberg limits determinations, unit weight determinations, and
unconfined compression tests.
3. Boring logs will be provided on all borings, and a report summarizing the
findings of the analysis will be prepared.
4. Recommendations will be made relative to ground water, if encountered,
along with guidelines for trench backfill.
Page 10 of 12
PUBLIC MEETING
If requested by the City, the ENGINEER will support City staff in preparing exhibits and
attending a public meeting. This service will be provided at hourly rates as directed by
the City. An allowance is included in the proposed fee for the public meeting effort.
Page 11 of 12
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
3. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Design Survey & Boundary Survey
Complete within six (6) weeks of written Notice to Proceed from the City.
Preliminary Design
Complete within sixteen (16) weeks of written Notice to Proceed from the City.
Final Plans
Final plans and specifications, at 95% complete, will be submitted within ten (10) weeks
of CITY approval of Preliminary design. If there are major design changes required, this
schedule may need to be modified.
Bid Documents
Complete plans and bid documents will be submitted within four (4) weeks of receipt of
final plan review comments from the City staff.
Construction Phase
Will proceed with construction.
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Attachment A - Page 12 of 12
ATTACHMENT `B'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in ATTACHMENT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
DESIGN PHASE $ 214,000
BIDDING & CONTRACT AWARD PHASE $ 4,400
CONSTRUCTION PHASE $ 6,500
Subtotal (Labor)
2. Direct Expenses
$ 224,900
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense with a not-to-exceed amount of:
$ 2,500
3. Total Fee for Basic Services
TOTAL (BASIC SERVICES) $ 227,400
Attachment B- Page I
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
ATTACHMENT A, Itemized Scope of Services, shall be considered Special Services, as
identified in ATTACHMENT A, Special Services to be Provided by Engineer. The
ENGINEER will be reimbursed for Special Services as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Special Services identified in
ATTACHMENT A:
Design Survey
Boundary Survey
Easement Documents
Drainage Easement and TCE (7 at $1,400)
TCE only (2 at $900)
Subsurface Utility Engineering
Level B (Designating & Mapping)
Level A (Potholes, as needed, assume 20)
TxDOT Permits
Geotechnical Investigations
Public Meeting (Allowance, if needed)
Total Special Services
$
11,500
$
21,400
$
9,800
$
1,800
$
8,800
Est.$
12,000
$ 2,800
$ 5,600
3,700
$ 77,400
Progress payments for these Special Services shall be paid to the Engineer by the City
on a monthly basis based on the estimated percentage of the total work effort
completed during that month less any payments for previously invoiced services.
Payment for Public Meeting support will be paid hourly. The fee shown above for Public
Meeting is an allowance, not a maximum.
Attachment B- Page 2
C. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. Additional Services
contemplated may include but are not limited to eminent domain support. The
ENGINEER will be reimbursed for Additional Services, should they be requested, as
described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly basis in
accordance with EXHIBIT D, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense.
D. SUMMARY OF FEES
Basic Services $ 227,400
Special Services $ 77,400
Total Fee $ 304,800
Attachment B- Page 3
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ATTACHMENT D
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2009 to December 31, 2009`
Engineering / Technical
From
To
Principal
$160
- $210 Per Hour
Project Manager
$115
- $190 Per Hour
Senior Engineer
$110
- $210 Per Hour
Engineer
$80
- $140 Per Hour
Landscape Architect / Planner
$70
- $160 Per Hour
Designer
$85
- $120 Per Hour
Senior Designer
$100
- $145 Per Hour
CAD Technician
$60
- $90 Per Hour
Senior CAD Technician
$75
- $110 Per Hour
IT Consultant
$120
- $150 Per Hour
IT Technician
$70
- $120 Per Hour
Clerical
$50
- $80 Per Hour
Resident Project Representative
$70
- $110 Per Hour
Surveying
Survey Office Manager
$125
- $170
Registered Professional Land Surveyor
$110
- $150
S.I.T.
$70
- $100
Senior Survey Technician
$70
- $100
Junior Survey Technician
$60
- $85
2-Person Field Crew w/Equipment
$115
3-Person Field Crew w/Equipment
$125
4-Person Field Crew w/Equipment
$150
1-Person G.P.S. Crew w/Equipment
$80
- $125
2-Person G.P.S. Crew w/Equipment
$90
- $145
3-Person G.P.S. Crew w/Equipment
$165
1-Person Robotic Crew w/Equipment
$80
- $110
2-Person Robotic Crew w/Equipment
$90
- $130
Direct Cost Reimbursables
Photocopies, Scans & PDF Files:
$0.10/page letter and legal size bond paper, B&W
$0.20/page 11" x 17" size bond paper, B&W
$1.00/page letter, le
gal and 11" x 17" size bond paper, color
$2.00/page 22" x 34
" and larger bond paper or vellum, B&W
$4.00/page 22" x 34
" and larger bond paper or vellum, color
Plots: $1.00/page 11" x 17" size bond paper, B&W
$2.00/page 11" x 17" size bond paper, color
$4.00/page 22"x34" and larger bond paper or vellum, B&W
$6.00/page 22"x34" and larger bond paper or vellum, color
$6.00/page 22"x34" and larger mylar or acetate, B&W
Mileage
$0.55/mile
All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
Rates shown are for calendar year 2009 and are subject to change in subsequent years.