2006-186
ORDINANCE NO. 2006- / g fi:;
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND
ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR APPROXIMATELY 7,800
LINEAR FEET OF UP TO THIRTY-INCH WATER LINE ALONG ROSELAWN DRIVE
FROM BONNIE BRAE TO BERNARD STREET IN DENTON, TEXAS; PROVIDING
FOR THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $144,500 THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
engineering firm of Kimley-Horn and Associates, Inc. ("KH"), of Fort Worth, Texas, to
provide professional engineering services related to the approximately 7,800 linear feet of up
to thirty-inch water line, along Roselawn Drive from Bonnie Brae to Bernard Street in
Denton, Texas (hereafter "the Roselawn Project"); and
WHEREAS, city staff has reported to the City Council that there is a substantial need
for the above-referenced professional engineering services, and that limited city staff cannot
adequately perform the specialized services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a city may not select a
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and
reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I: That the Interim City Manager is hereby authorized by the City Council
to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement")
with Kimley-Horn and Associates, Inc., Fort Worth, Texas, for professional engineering
services related to the Roselawn Project, for a professional fee of $144,500; in substantially
the form of the "Professional Services Agreement for Architect or Engineer" that is attached
hereto as Exhibit "A" and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of KH and the demonstrated ability
of KH to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
I
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the /gtlz day of 9~ ,2006.
~~~~R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~"'V'_ \In H.uu
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
By ~A ~
$:\Our Documents\Ordinances\06\Kimley-Hom-PSA-Roselawn Water Line-Prof Svcs.doc
2
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
AGREEMENT is made and entered into as of the /~ day of
, 20 ~ ,by and between the City of Denton; Texas, a Texas
m icipa corporation, with its principal office at .215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and Kirriley-Horn and
Associates, Inc., with its office at 801 Cherry Street, Unit II, Suite 1025, Fort Worth,
Texas, 76102-6803, hereinafter .called "Design Professional," acting herein, by and
through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractoL 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
conncction with the Project. The Project shall include, without limitation, (describe the
Project in the space below are in an attachment)
PROJECT DESCRIPTION
The Design Professional will provide professional services for approximately
7,800 linear feet of up to 30-inch waterline along Roselawn Drive from Bonnie Brae to.
Bernard Street. Design Professional shall provide engineering services as described in
the attached Design's Professional's Proposal which will include: the preparation of
easement acquisition documentation, bidding specifications, construction contract
documents, and record drawings. It is our understanding that the Owner is planning to
site an elevated storage tank along this route and that the site will be detemiined prior to
the completion of preliminary design.
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Exhibit 4
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 $144,500.
2.1.2 Progress payments for Basic Services shall be paid as stated in Section 8.3 of
the General Provisions.
2.2 ADDITIONAL SERVICES
2.2.1 Compcnsation for Additional Services will be provided on a labor fee plus
expense basis. Labor fee will be billed according to the rate schedule in Attachment C.
Direct reimbursable expenses such as express delivery services, fees, air travel, and other
direct expenses will be billed at 1.10 times cost. An amount will be added to each invoice to
cover certain other expenses such as in-house duplicating, local mileage, telephone calls,
facsimiles, postage, and word processing. Administrative time related to the project may be
billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will
be billed at $25.00 per hour. All permitting, application, and sinlilar project fees will be
paid directly by the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereofby reference as if fully set forth herein:
I. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. The Design Professional's Proposal
3. Attachments A through C.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY -tWt~ ~~
HOWARD MARTIN
INTERIM CITY GER
TTEST:
IFER WALTERS,
BY:
KIMLEY-HORN AND ASSOCIATES, INe.
BY: rz--. #' ---7---------
Glenn A. Gary
Senior Vice President
:TN~~~ .
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEM[!\'T FOR ARCIIITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ,\RCllln:cr OR EI'\GINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consisl ormosc services for me Project (as dermed in the agreement (the "Agreement") llnd proposal (the '''Proposal'') to which these
General Conditions are attached) perfonned by the Architecl or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consullal1ts as
enuT1lCmtcd in Anic1es 2 and 3 of these General Conditions a5 modiCled by the Agreement and Proposal (the "Service5").
1 ,2 The Design proCessional will perform all Services as an independent contractor to the prevailing professional sumdards consistent 'Nith the level of care and skill ordinarily
exercised by members of the same profession currently pructicing in the same locality undcr similar conditions, including reasonable, infonnedjudgments and prompt timely
actions (the "Degree of Care"). The Sen:ices shall be performed as expeditiously as is cOnsistent with the Degn:e of Care necessary for the orderly progress of the Project.
Uran request orlhe Owner, the Design Professional shall submit for the Owner's approval a schedule for the perfonnance or the Services which may be adjusted as the Project
proceeds, and shall include allov.ances 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 O\vncr shall not, except for reasonable cause, be exceeded by the D\:sign Professional or O\'mer, and any
au)ustmcnlS 10 thi~ schedule shall be mUlUally acceptable to both panir:s
I\RTICLE 2 SCOI>[ OF BA.sIC SERVICES
2.1 BASIC SERVICE.'i 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 nonnal strucNral, civil, mechanical and c1eccrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, a5 described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCIIE:\1ATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Omler, shall develop a written program for the Project to a5certain Owner's m:cds and 10 establi~h the
requirements for the Project
2.2.2 The lA-sign Professional shall provide a preliminary evaluation of the O",,"er's program, construction schedule and construction budget requirements, each in
terms Oflhc otheL subjL't:1 to the limitations se1 fonh in Subsection 5.2.1.
2.2.3 The Design Professional shall revio;:wwith the O\lmeraltemative approaches to design and construction of the Project
2.2.4 Based on lhe mutually agreed.upon progrum, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the (Nmer,
Schcmatic Design DocumenlS consisting of druwings and other documents illustrnting the scale and relationship of Project components. The Schematic Design shall
contemplatc compliance with all applicable laws, statutes, ordinMces, codes and regulations. .
2.2.5 The Design Profcssional shall submit to lhe Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elaPsed time factor for the period of time from the
commencement to lhe completion of construction. .
2.3 DESIGN nH'ELOPi\IENT PHASE
2.3.1 Based on the approved Schemalic Design DocumenlS and any adjustments authorized by the Dvmc! in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Ovmer, Design Development Documents consisting of drawings and other documents to fix and describe the size and
charactel of Ule Proje'Ct as to architectural, structurul, 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, Not\llithstanding Owner's approval of the documents, Design Professional represents, ulat the
Documents IInd specifications will be sufficient and adequate lo fulfill the purposes of the Project.
2J.2 The lJcsign Professional shall advise the Q\\TJer of any adjustments to the preliminary estimate ofConstIUclion Cost in II funher Detailed Statement as described
in Section 2_2.5.
2.4 CONSTRUCfIO:"l DOCUMENTS PI lASE
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 con'>truction budget
authorized by the O\mer, the Design Professional shall prepare, for approval by the Owner, Const/llction Documents consisting of Drawings and Specifications setting
fonh in detail requirements for the construction of the Project, \'J1ich shall comply with all applicable laws, StaNtes, ordinances, codes and regulations
H.2 The I:>t:sign Professional shall assist the Owner in the preparation of the necessary bidding or procuremcnt information, bidding or procurement forms, the
Condi1ions of the conllacl, and the form of Agreement between the Owncr and contractor.
2.4.3 The Design Professional shall advise the O\\1ler of any adjustments to previous preliminary estimates ofCcr1Struction Cost indicated by changes in requirements
or general market conditions
2.4.4 .rne Design Professional shall assist the Q\'<ner in connection with the Owner's responsibility for filing documenlS required for the approval of governmental
authorities havinl;! jurisdiction over the Project.
2.5 CONS-fl1CnO:'\'CO~TRi\CTPROCURE:\IENT
2,5,1 The Design Professional, following the O\\llcr's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall :c;sist the O\\ncr in procuring a consu-uction contract for the Project tJllough any procurement method that is legally applicable to the Project including without
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limitation, the competitive se-olcd bidding process Ahhough the Q\\11er will consider the ad.ice oflhe Design Professional, the award of the construction contract is in
the sole discretion of the Ov.ner
2.5.2 lf the construction CQntmct amount for the Project excceds the total construction cost of the Project as set fonh in the approved Detailed Statement of Probable
Construction. Costs of the Project submitted by the Desig.n Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be requirerl by. the Ov.ller to reduce or modify the quantity or quality of the work so that the total construction cost of the Project win not exceed
the total conslruction cost set forth in the npproved Detailed S1.11e-mcnl of Probable Construction Costs .
2.6 CONSTRUcrIO~ I'IIASE- ADl\lI~ISrRATION Of TilE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsihility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Conlr.lct
for Construclion and termin:lles al Ille issuance- to th~' Ov.T1el of the final Ceniflcate for Payment. unless extended under the tenns ofSubs~tion 8.3.2,
2.6.2 The Design Professional shall provide detailed administration of the ConlIact for Construction as set fonh below. for design pmfessionalss the administration
shall also be in accordance- with AlA document A20l, Geneml Conditions of the ConlTaCl for ConSlJUction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise plOvided in the Agreement. For engineers the administration shall also be in accordance with lhe
Standard Specilications for Public Works Construction by the North Central Texas Council of Governmcnts, currenl a'i of the date oftht: Agreement. unless otherwise
provided in the Agreemenl.
2.6.3 Construction Phase duties, responsibilities and limitations of <luthority oflhe Design Profession:ll shall not be restricted, modified or extendCld without wrinen
agreClment of the O\\ner and Design Professional.
2.6.4 The Design Professional ~hall be a represent::ltive of and shall advise and consult with the Owner (I) during construction, and (2) at the Owner's direction from
time to time during the correclion, or warranty period described in the Contract for Construction. The Dt:Sign Professional shall have .authority to act on behalf of the
Owner only to the exlent provided in Ihe Agr~emcnt and these General Conditions, unless otherwise modified by written instrument
2.6.5 The Design prof!;'ssional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construclion is not in progress, to become familiar with the progress and quality of the work completed and todeterrnine if the work is being penonned 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
eilch on-sit!;' visit. On the basis of on.sile obserJations the Design Professional shall keep the Owner. informed of the progress and quality of the work, and shall
ext:rcise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors Thr o<:sign Professional represents that he will follow Degree of Care in perfonning 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 (Xl" of the Design Professional's Services he-reunder or of the Project itself shall in no way alter the Design Professional's obligations Of the
O...mer's rights hereunder.
2.6.6 The Design Profession:ll shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures. or for safely precautions and programs in connt'l"tion with the work. The Dt:SigTl Professional shall not be responsible for the Contnlctor's schedules or
failwe to carry OUI the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Profe~sional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or ofaoy
other pcp.;ons performing ponions of the work
2.6.7 The Design Professional shall at alltimcs have acct:ss to the work wherever it is in preparation or progress.
2.6,8 Except as may otherv..ise be provided in the Contruct Documents or when direct communications have been specially authorized, the O",ner 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 sile of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and l;eTlify the amounts due the Contractor.
2.6.10 The Design Professional's certifICation for payment shall constiMe a representation to the Ov.n"er, based on the Design Profession:ll 's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment. that the worlc: has progressed to the point indicated IInd that the
quality of the Work is in accordan~.e with the Contract Documents. The foregoing rcpresentations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualilications expressed by the Design profession:ll. The issuance of a Certificate for Payment shall further constirute a
representation thai the Contractor is entitled 10 payment in the amount certified. However, the issuance ofa Certificate for Payment shall not be a reprt:senlatlon that
the Design Professional has (I) 'evi,,~wed construction means, methods, tcchniques, st:quenccs 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 P'fOfessional shall have the responsibility and authority to reject \\fOrk .....tIich does not eonrorm to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Profession:ll will have authority to require
additional insp.."Ction or testing of the work in accordance with.the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. Howt:ver, neither this nuthority 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 10 the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other pcp.;ons
performing portions of the work.
26,)2 The Design Profes~ional shall rcview and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings., Product Data and
Samples for the purpose of (I) determining compliance with applicable lav.'S, statutes., ordinances and codes; and (2) determining whether or not the work, when
completed, ....'11 be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonab1c 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 Ocsign Professional's professional judgmenllo
JX'rmitlldequate review. Rt:view or such submirtals is not conducted for the purpose of delermining the accuracy and completeness of other details such as dimensions
and quantities 01 for substantiating instructions for insl.'l.lIation or performance of equipment or systems designed hy the Contfactor, all of which remain the
responsibility of the ContraClor to the extent required hy the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or. unless otherwist' spccirlcally state'd by the Design Profe~sional, of ,0ns\J1Jclion means, methods, techniques, sequences or procedures. The Design Professional's
approval or a specifIC item shall not indiciltc approval of an assemhly of which the item is a comPonent. When professional certification of perfonnance characteristics
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of materials, systems or t:quipmcol is required by the Contract Documents, the Design Professional shall be enlitled to rely upon such ccniflcation io establish that the
materials, systems or equipment will meet the performance criteria' required by the' Centrad Documenls
2.6.13 The Design Professional shall prepare Change Orders and Construction C,hange Direclivcs, with supponinc documentation and data if deemed necessary by
the Design Professional as plOvided in Subswions 3,1.1 and 3_3.3. for the Owner's approval and exC\:ution in accordance with the Contract l)ocuments, and may
authori7,e minor changes in the work nol involving an adjustment in the Contract Sum or an extension ofthc Contract Time which are not inconsistcnt with the intent
of the Contract Documen1S
2.6.]4 On behalf of the Om1er. tht' Design Professional shall conduct inspections to determi(J(' the dates of Substanlial Completion and Final Completion, and if
requested by thc O....T1er shall issue Cenificale5 of Substantial and Final Completion, The Design Professional will receive and review written guarantees and relatcd
documents required by the Connact for Construction to be assembled by the Contractor and shall Issue a fmill eenificate for Payment upon compliance with the
requirements of the Contract Documents
2.6.15 The Design Professional shall interpret and provide recommendations on m::lUers concerning performance of the (Nmer and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Conrractot 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 dt'cisions of the Design Professional shall be consistent v.-ith the intent ofand reasonably inferablc from the Contract Documents and shall
be in \~riting or in the form of drdwings, When making such interpretations and initial decisions, the Design Professional shan endeavor to :secure faithful performance
by bolh Owncr and Contraclor, and shall not be liable for results or interpretations or decisions so rcndered in good faith in accordancc with all thc provisions of this
Agreement and in thc absence of negligence,
2.6.17 Thc Design Professional shall rendt'r \\Tinen decisions within (I reasonable time on all claims, di5putes or other matters in question between the OV.11er and
Contractor relating 10 the eXel;ulion or progress of the work as provided in the Contract DOC\.lmcnts,
2.6.18 The Design Professional (I) shall render services under the Agreement in ;JccOfdance with thc Degree of Care; (2) will reimburse the Owner for all damages
call "cd by the defective designs the Design professional prepares; and (3) hy acknowledging payment by the Ov.ner of any fees due, shall not he rcleased from any
rights the Owner may have under the AgTeemcnt or diminish any of the Design Professional's obligations thereunder,
2.6.19 The Design Professional shan provide the Owner with four sets ofrcproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENl-:RAL
3,1.1 The st'rvices described in this "nide 3 are not included in Busic Services unless so identificd in the Agreement or Proposal, and they shall be paid for by the
O\.'oTIer 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
aulhori7.ed or confirmed in \\1iting by the Owner, If services described under Contingt'nt Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, thc Design Professional shall notify the Owner in writing and shan not commence such additional services until it reccives written
approval from the Owner to proc~d, If the Owner indiC:lles in writing that all or pan of such Contingent Additional Services arc not required, the Design Professional
shall have no obligiltion to provide those SCT\'ices, Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they arc not required due to the negligence or fault of Design Professional,
3.2 PROJECT REPRESENTATION BEYO~D BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2,65 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on. site responsibilities
3.2.2 Project Representatives shall be selected, employed and diflXtoo by the Design Professional, and the Design Professional shall be compensated thercfor as
agreed by the O....T1er and Design Professional,
3.3 CONTINGENT ADDHIONAI. SERVICES
3.3.1 Making material revisions in Drawings, Spo.,-cifications or other documents v.hen such revisions are:
I, inconsistent with approvals or instructions previously given by the Owner, including rcvisions made necessary by adjustments in the Owne(s
pmgramor Project budget;
2, required by the enactment or revision of codes, laws or regulations subsequent to the preparalion of such documents, or
3, due to changes required as a result ofthe Q>.vne(s failure 10 Tender decision in a timely manner,
3.3.2 providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the [}.omer's schedule, except
for services required under Subsection 2S2,
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in coTUle{:tion with Olange Orders and
Construction Change Directives
3.3.4 Providing consultatiun concerning rcplacement or work damaged by fire or other cause during construction, and furnishing services required in connct:tion with
the replacement of such work,
3.3.5 Providing serviccs made necess;ny by the default of the Contnlctur, by major defect" or deficicncies in the work of the Contractor, or by failure of performance
of either the O~\.T1er or Contractor under the' ConlT'8ct for Construction,
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3.3.6 Providing services in evaluating an extcnsive number of claims submitted by the Contractor OJ oOlcrs in connection with the work
3.3.7 Providing ~ervices in connection with a public hearing. arbitration proceeding or legal procct\ling exccpt where the Design Professional is party thereto
3.3.8 Providing services in addition to thosc required by Anicle 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notv.rithstanding anything contained in the Agreement, Proposal or these General Conditions to the COnlraf)', all services described in this Anicle J that are
caused or necessitated in whole or in part due to the negligent act or omission ofttK- Design Profe~sionill shall b:: performed by the Design Professional as a pan oflhe
Basic Services under the Agreement with no additional compensation above and beyond the compcnsation due the Design Professional for the Basic Services Thc
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Suhsection 3.3.9.
3.4 m'TIONAL ADOITIONAL SERVJCES
3.4.1 Providing fmancial feasibility or other special studies
3.4.2 Providing planning surveys, site evaluations or comparative srudies of prospective sites.
3.4.3 Providing special survt:yS, environmental studies and submissions rcquired for approvals of governmental authorities or othcrs having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing serviccs 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 thr;: Owner's own forces and coordination ofservtces required in connection with
construction performed and equipment supplied by the (Niner.
3.4.!l l'roviding detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 providing analyses of opera ling and maintenance costs.
3.4. I 0 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.
trilining pcrsonnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in CQnnC{:tion with the selection, procurcment or installation of furniture, furnishings and related
equipment.
3.4.14 providing services other than as provided in Section 2.6.4, after issuarlCe to the Ol,'.1ler of the final Cenificate fOT Payment and expiration of the Warranty
reriod of the COntr3ct forConslruction.
3.4.15 Providing services of consultants for other than architectural. civil, structural, mechanical and electrical engineering ponions of the Project provided as a part of
l3asicSenticcs
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with gcnemlly accepted architeclural
practice .
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.]9, showing significant changes in the work made during wn-
slnlctioll based on marked-up prints, drawings and other datil furnished by the Contractor to the Design Professional
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these Gent:ra1 Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in pan due to the negligent act or omission of the Design professional shall be pcrformr;:d by the Design Professional as a pan of the
Basie Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening orconcurrenl negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RfSPONSIBILITIES
4.1 The Qv.rner shall consult with the Design Professional regarding requirements for the Project, including (I) the Owner's objectives, (2) schedule and design
constraints and criteria, including spaee requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci.
fically described in Subsectiofl2.2.1.
4.2 The O.....ner shall establish and update an overall budget for the Project. including the Construction Cost, the Owner's other costs and rcasonable contingencies
relaledtoall of these costs
4.3 Ifrequesled by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized to act on the Owne(s behalf with respect to the Project. The O\\lfjer or such authorized rcpresenL1tive shall
render dctisions in a timely manner pertaining to documents submittro by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicahle, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Projecl,and a "''linen
legal description of the sile. The SUlVeyS 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, casements, encroachments, zoning, deed restrictions,' boundaries and contours of the site; locations,
dimensions and necessary dala pertaining 10 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
4.6 Where applicable-, the O\\l1Cr shall furnish the servic~ ofgrotechnical engineers when such scTVices are requested by the Design PlOfessional. Such services may
inchxlt: but an: notlimittd to :es1 borings, Ic~1 pits, determinations of soil bearing values, percolation tests, evalu::ltions ofhaza.rdous materials, ground cOlTosion and re-
sistivity lests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations
4.6.1 The O\\Tlcr shall furnish the services of other consultants w'hen such services are reasonably required by the scope of the Project and are requested by the Ocsign
Prolessional and are oot retained by the Design Professional as part of its Uasie Services or Additional Services
4.7 When nol a part ofthc Additional Services, the O....l1er shall furnish structural, mechanical, chemiCilI, air and \vater pollution tesL~, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall fumi~h 1111 legal, accounting and insurance cOWlseling sentices as may be necessary at any time for the Project, including auditing services the
O....ner may require to verify the Contractor's Applications for Paymcnt or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalfoftheO\\ner.
4.9 The services, information, surveys and reportS required by Ovmer under Sections 4.5 through 4.8 shall be fumished at the O\\1ler's expense, and the Design
Professional shall be entitled 10 rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Ov,.ner shall give prompt wrincn JlOtice to the Design Professional if the Owner becomes aware ofnny fault or defeCl in the Projector nonconfor'mance with
the Contract Documents
4.1 J Design Professional shall propose language for ccnificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review Wld approval at least fourteen (14) days prior to execution. The Owner agret'S not 10 request certifications that would require
knowledge Of services beyond the scope of the Agreement.
hHllCtE 5 CONSTRUCTION cosr
5.1 CONSTRUCfIO:'\l COST DEFINED
5.1.1 The ConstnJction Cost shall be the total cost or estimated cost 10 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 pTOvided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profIt. In addition, a reasonable allowance for con-
tingencies IDall be included for market conditions at the time of bidding and forl:hanges in the .....,ork during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's conSUllm1lS, the costs of the land, rights-of-way,
fin:mcing orolhcrcoSl~ which are the responsibility of the Owner as provided in Article 4.
5.2 RESPOillSIDlLITV FOR CONSTRUCTION COST
5.2,1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimales of Construction Cost prepared by the Design
Professional represent lhe Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, Ihat neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contracto(s methods of determining bid prices. or over
compctitive bidding or market conditions. Accordingly, the Design Professional cannot and docs not \.ValTant or represent that bids or cost proposals will not vary
from the Owne(s Project budgct or from any estimate of Construction Cost orevaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit ofConslruction COSl shall be established as a condition of the Agreement by the furnishing, proposal or establisluncnt ofa Project budget, unless
such fIXed limit has b:en agreed upon in \>,Titing and signed by the parties thereto. lfsuch a fixed limit has been established, the Design Professional shall be penni1ted
to include conlingencies for design, bidding and price escalation, 10 detcmUne what materials, equipmem, component systems and types of construction are 10 be
included in the Cnntract Documents, to make reasonable adjuslments in the scope of the Project and to include in the Contract Documents al1emate 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 Controc:t
for Construction.
5.23 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the (h\ner. any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the genera/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 OWNERSIIIP A1"O USE OF DOCUMENTS
6.1 The Drawings, SpeciflCatiuns and other documents prepared by the Design Professional for this J'roject lire instnlTncnts of the Design Professional's service and shall
become the property of Ihe (h\nCT 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 applicabl~ to this Project, and Owner's use of such documents in o1her projects shall be at O\\.ner's sole risk and expense. In Ihe event tile
OWller uses any of the informal ion or m::l1erials developed pursuant to the Agreement in Mother project or for other purposes than aTe spccifird in the Agreement, the [ksiJ:1:n
Profc-ssional is released from any and all liability relaling 10 their use in Ihal project
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6.2 Submission or distribution of documents to mcet official regulatory requirements or for similar purposes in connection with the Project is not 10 be construed as publication
in derogation of the DC5ign ProfC5~ional's reseryed rights
AnnCLE 7 TERMIJ'IOATIOJ'l.:. SUSrf.NSIO~ OR ABANDOJ'l.:MENT
7.1 The Desil,.'ll Ploftssional may terminate the Agrt:ement upon not less than thirty days ....Tinen notice should the O..'mer fail substantially to perform in accordance with the
terms of the Agret'mcnt lhrough no fau]t of the Design Professional. Ov.ner may terminate the Agreement or any phase thcrcofwith or without cause upon thirty (30) days
prior written notice to thc Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professiona]'s rt'l:eipt of such
notice. lkfon: the end of the thirty (30) day period, Design Professional shall invoice the Chvner 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
Agreemcnt and shall be promptly ddivcred to the Q\vner in a rca'iOnably 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 Ihe Project is suspended by the Qvmef 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.J Thc Agreement may be terminated by the O,>~ner upon not less than seven days \\lritten notice to the Design Professional in the event thai the Project is permanently
alxmdoned. If ule Project is abandoned by the o.~ner for more than 90 consecutive days, the Design Professional or the O\omer may terminate the Agreement by giving wrinen
notIce
7.4 Failure of the O",ner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreemrnl shall be considered substantial non-
pcrformanceand cause-forlermin.ation
7.5 If the O"'l1cr fails to make payment 10 Design ProfessioT\31 within thirty (30) days of receipt of a statement for sefVices properly and satisfactorily performed, the Design
Professional rnay,upon seven days wrinen noti~ to the o.omer, suspend performance of services under the Agreement
7.6 In the event oftcrmination not the fault of the Dt:sign Professional, the Design Professional shall be compensaled for services properly and satisfactorily performed prior to
tennination
ARTICLE 8 PA YI\IE~TS TO TilE DESIGN PROFESSIONAL
8.1 DIRECT PERSON;\'EL EXPENSE
8.1.1 Direr! Personnel Expense is defined as the dir~t sa]3ries of the Design Professional's persormel 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, imurance, sick leave, holidays,
vacations, pensions and similar eontributions and benefits. '
8.2 REIMBURSABLE f.XPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Ba.'iic and Additional Services and include expenses incuned 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 se<:uring approval of authorities having jurisdiction over the Project.
8_2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.]9), postage and handling of Drawings.
S~iflcationsandotherdocument'i.
8.Z.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 bpcnse of computer-aided design and drafting equipment time when used in connection with the Project
8.2.1.6 Other expenses that are approved in advanc:e in WTiting by the Owner.
8.3 PAYMENTS ON ACCOUl\T OF BASIC SERVICES
8.3.1. Payments for Basic Services shall be made monthly and, where app]iOlbl~, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agretment is exceeded or extended through no fault of the Design Professional, compensation for any
services rendtred during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions ofthc Project are deleted or otherwise not constrUcted, compensation for
those portions of the Project shall be payable to the extent services arc pc:rfonned on those portions, in accordance wilh the schedule set fOM in Section 2 of the
^g~emcn\ based on (1) the lowe.~t bona fide bid or (2) if no such bid or proposal is received, the m05t recrnt preliminary estimate of Construction Cost or detailed
estimate of Construction Co~t for such portions of the Project
8.4 PA YI\IENTS O~ ACCOlJ:\T OF AODrrlO~AL SERVICES
8.4.1 Payments on account of the Design Professionars Additional'Services and for Reimbursable Expt:nses shall be made monthly "ithin 30 days aftl'r the
presentation to the Q\\ner of the Desien Professional's statement of services rendered or expenses incurred.
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8.5 P'\ YMEl'Io'TS WITHHELD No deductions shall be made from the Design Professional's compensOllion on account ofpcnalty, liquidated damages or other sums withheld
from paymenLS 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 OESIGl'i PROFESSIONAL'S ACCOlJNTIl\G RECORDS Design Professional shall make available to Owner ur Owner's authorized representative records of
Reimbursable Expenses llIld expenses pertaining to Additional Services and services petformed on thc ba<>is of a multiple of Direct Personnel Expense for inspection and
copying during rcgular business hours for three years after the date of the final Cenificate of paymenl, 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 hllrmless the Owner and its officcrs, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to coun costs and reasonable attomcy 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 perfonnance of the Agreement.
9.2 NOLhing herein shall be construed to creale a liability to any person who is not a pllrty to the Agreement, and nothing herein shall waive any of the pllrties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a pllrty to the Agreement, including the defense of governmental immunity, which
dcfenscs are hereby expressly reserved.
ARTICLE 10 INSURANCE DUling the performance of the Sen.' ices under the Agreement, Design Professionlll shall maintain the following insurance with an
insurance company licensed or (luthorized to do business in thc State of Texas by the State Insurance Commission or (lny successor agency that has a rating wilh Best
Rate Carriers of at least an A~ or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of no I less than SI,ooO,ooo for each occurrence and not less than 52,000,000 in the aggregate,
and with property damage limits or not less than 5100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile liability Insurance with bodily injury limits ofnolless than 5500,000 for each person. and not less thlln S5OO,OOO for each accident, and with propeny
damage limits of nOlless than $100,000 for each accident.
10.3 Worker's Compensulion Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than SIOO,OOO for each
accirJenl inclurJingoccuplltional disease.
lOA 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 O\\o1ler evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreemen\. 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 O\Vl\er, and each policy shall contain a provision that such insurance shall not be canceled or
modifled without thirty, (30) days' prior wrinen 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 wilh substitute cenificates of insurance mceting the requirements of this. Article 10.
ARTICLE J I J\lISCELI.ANEOUS PROVISIONS
11.1 The Agreement shall be governed by !.he laW'S of !.he State of Texas. Venue of any suit or cause'ofaction under the Agreement shall lie exclusively in Denton County,
Texas
11.2 The CMncr and Design Professional, respectively, bind themselves, their panners, 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 ....ithoul the ....ritlen consent of the Owner.
11.3 The tenn Agreemenl as used herein incl~es the eXCl:uted 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 prtor negotiations, representations or
agreements, either wrinen or oral. The Agreement may be amended only by written instrument signed by bOth Ov.TlCr and Design Professional. When interpreting the
Agreement the executed Agreemcnl, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be reild so as to harmoni:r..c the provisions. However, should the provisions of these documents be in conflict so that they can riot be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2 Attachments referenccd in Section 3 of the Agreement other than the Proposal
3 These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shaJ] create a contractual relationship with or a cause of action in favor ofa.third party against either the Owncr or Design
Professional.
11.5 Upon receipt of prior wrillen 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 matcrials. The Design Professional's materials shall oot include the Owner's
confidential or proprietary infonnation iflhe Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi.
dential or proprietary. The O\'..ner shall provide profession;!l credit for the Design Professional on the construction sign and in the promotional mOlterials for the Project.
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11.6 Approval by the O\\l1er shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professiono.l, its employees, associates, agents,
subcontractors, and subconsullants 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 O\\l1cr for any defect in the design or Olhcr work prepared by the Design Professional, its employees, subcOnlractors, agents, and consultants.
11.7 All notices, communications, and reports required or pennitled under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United Slates mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specilied herein.
All notices sh:111 be deemed eITective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
I UI If any pro\.ision or the Agreement is found or deemed by a court of competent jurisdiction to be invalid or uncnforce3b1e, 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 rcfonn the Agreement to replace such
stricken provision wiLh a valid and enforceable provi~ion which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional ~hall comply with 311 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 tenn of lhis Agreement.
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
AMMENDMENT TO GENERAL PROVISIONS
Rcplace thc language in 2.5.2 of the General Provisions with thc following:
2.5.2 Thc Owner agrees that thc Design Professional has no control overbids rcceivcd
from Contractors. In thc cvent that bids excced, the budget, the opinion of probable
construction cost and the Owner dictates that the project shall be modificd and rebid.
Those scrvices are not jn~luded in this contract and shall bc considercd additional
services.
Schedule
A proposed schcdule is provided in Attachment B. In thc event that the schedule is
delayed beyond control of the Design Professional, the schedule shall be equitably
adjusted to the agreement of both parties.
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ATTACHMENT C
Kimley-Horn and Associates, Ine.
Company Wide Rates
(Hourly Rate)
Senior Professional II
Senior Professional
Professional
Designer
Technical Support
Clerical/Administrative Support
$155-$190
$125 - $165
$65-$110
$100 - $115
$55 - $95
$55 - $75
Effective January 1, 2006
P:\000008.024\DENTON\Roselawn WL\scope\att_c_mte_schedule.doc
Design Professional's Proposal
SCHEMATIC DESIGN PHASE
1) Preliminary Investigation
a) Data Collection and Record Research
i) Gather existing survey and topographic data.
ii) Gather existing aerial photographs.
iii) Gather existing water, sanitary sewer and storm sewer record
drawings. .
iv) Gather existing paving plans.
v) Gather existing development plans.
vi) Gather existing plat information.
vii) Collect property owner and record information.
viii)Gather existing right-of-way and easement information.
ix) Gather existing franchise utility record information.
x) Organize record information into project database.
b) Site Investigation
i) Walk Owner proposed alignment.
ii) Document alignment corridor with photographs.
iii) Identify potential alignment, conflicts and issues.
c) Data Review with Owner's staff
i) Meet with Owner's staff to review accuracy of record information.
ii) Interview Owner's staff concerning historical, existing and future
conditions along the alignment.
2) Design Survey
a) Utility and Properly Owner Coordination
i) Coordinate with DIG TESS and City of Denton to locate and mark
existing franchise and public utilities prior to performing the fleld
survey.
ii) The Owner shali arrange and make all provisions for access to perform
the services specified within this scope. The surveyor shall provide the
Owner with the name and address of the properly owners.
b) Design Survey
i) The limits of the survey shall be a 60 foot wide alignment generally
running adjacent to Roselawn Drive.
ii) Establish six (6) horizontal control points based on the City of Denton
Coordinate System using Y:i-inch rebar with identifiable plastic cap,
specific for this project.
iii) Establish a vertical control benchmark circuit tied to the City of Denton
benchmark system, specific for this project.
iv) Perform a field survey to identify and locate existing topographic
elements within the alignment corridor including, but not limited to, the
following:
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(1) Properly pins
(2) Existing pavement, curbs, sidewalks, barrier free ramps, etc.
(3) Lane striping .
(4) Driveways
(5) Existing storm sewer inlets, manholes, junction boxes, outfalls, and
erosion control
(6) Culverts and bridges
(7) Guardrail
(8) Utility manholes, vaults, water valves, water meters, sprinkler
heads, telephone poles, power poles, utiiity markers, other public
utilities, and franchise utiiities
(9) Traffic signal poles, cabinets, and other signal equipment
(10) Signs (excluding temporary signs)
(11) Trees, 6-inch caliper and up
(12) Buildings
(13) Retaining walls
(14) Fence limits and material types
(15) Other applicable physical features that could impact design:
(a) Field ties to the existing edge of pavement on Roselawn Drive
will be collected.
(b) Field sketches of utility manholes and structures.
(c) Prepare a final topographic drawing in digital format (including
one foot contours and breaklines) showing the features located
in the field as well as right-of-way strip map information, an
ASCII coordinate file of the points located in the field, and a
hard copy of the coordinates and feature descriptions.
3) Geotechnical
a) Perform a geotechnical analysis of the site utiiizing a qualified
geotechnical laboratory to determine subsurface conditions. and make
recommendations regarding design parameters. The geotechnical
analysis shall include the following:
i) Subsurface exploration including five (5) sample bores at
approximately fifteen (15) feet depths.
ii) Laboratory tests for classification purposes and strength characteristics
iii) Engineering services that address soil and groundwater conditions as
well as recommendations for earthwork.
b) A geotechnical report will be fumished by the geotechnical engineer to
present the results of the field and laboratory data as well as analyses and
recommendations. Three (3) copies of the report will be provided by the
geotechnical engineer, with one (1) copy going to the Owner. The data
contained in the geotechnical report will be made available to contractors
during the bidding process for information purposes.
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4) Cathodic Protection System
a) Document Review and Project Management
This task consists of all the preparatory work. required for the task. The
specific elements are as follows:
i) The Design Professional will rElview the water line alignment with
respect to crossings of foreign pipelines and paralleling utility systems.
Existing cathodic protection systems and locations of foreign line test
stations will be identified. Foreign pipeline crossings will be considered.
Ii) The Design Professional will evaluate the water line alignment for
possible induced AC interference and the need for protection under
fault conditions.
b) Cathodic Protection Field Survey
i) The Design Professional will obtain soil resistiVity measurel11ents at
intervals not to exceed 1,000-feetusing ASTMG-57"95. The
measurements will betaken to depths of 5, 10, and 15-feet.
Ii) The Design Professional will test soilsamples for moistUre content,pH,
chloride ion and conductivity. Water samples will be similarly tested
with the addition of sulfate ions.
iii) The Design Professional will create dimensional field sketches of
possible locations for cathodic protection anodes. Locations of
secondary AC service and sites for the installation of power supplies
will be noted.
c) Data AnalysiS and Lab Work
i) The Design Professional will evaluate soil resistivity test data including
the use ofBames Layer techniques for determining resistivities of the
soil iayer where the proposed water line is to be installed.
ii) The Design Professional will test soil samples in the laboratory for
moisture content, pH, chloride ion concentration, sulfide ion
concentration and conductivity. Water samples will be similarly tested,
with the exception of moisture content. Sulfate ion concentrations will
be determined for water samples as well.
iii) The Design Professional will tabulate and analyze AC and DC
interference test data using computer models.
iv) The Design Professional will compile data and analyze the conditions
for galvanic and electrolytic corrosion along the proposed pipeline
route will be performed. .. .
d) Corrosion Protection Design
Following the analysis of the electrical data and the soil test resuits,
corrosion protection and ACfDC interference mitigation requirements will
be defined for 2 pipe types (bar wrapped concrete pressure pipe and
ductile iron pipe) for the proposed water line. Design .criteria will include
minimizing the impact of the severe soil stresses in the area and a
preference for sacrificial anode versus. impressed current. cathodic
protection. Specific design deliverables will include:
i) Prepare recommendations for protective coatings based upon AwWA
standards for the proposed water line. . .
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ii) Prepare a report that documents test data, analysis and an opinion of
probable construction cost for cathodic protection and interference
control systems, plans and specifications.
5) Temporary Easement Instruments of Conveyance Preparation
a) Prepare temporary easement instruments (narrative and graphic exhibits
as required for proposed water line along Roselawn Drive). .
i) Up to twelve (12) instruments are anticipated
b) Individual parcel exhibits shall be on 8 'h'x11" paper, shall be sealed,
dated, and signed by a Registered Professional Land Surveyor (three (3)
originals of each, Owner to provide standard language), shall conform to
standard format provided by the Owner and shall contain the following at a
minimum:
i) Parcel number
ii) Area required
iii) Area remaining
iv) Legal description
v) Current owner
vi) Any existing platted easements or easements filed by separate
instrument including easements provided by utility companies
vii) All physical features
viii)Metes and bounds description of temporary easements to be acquired
The description shall be provided on a separate sheet from the exhibit.
Each type of easement shall be described separately
ix) The Owner will be responsible for preparing the legal instruments.
6) Easement Acquisition
a) The Owner will perform easement acquisition.
7) Preliminary DesIgn
a) Project Management
i) Develop project communication plan.
(1) Develop project contact list.
(2) Conduct progress meetings to monitor the development of the
project. During this phase of the project, conduct up to:
(a) Two (2) meetings with the Owner regarding project status and
coordination issues
(3) Prepare and e.mail progress reports to the project team twice a
month (Owner and Design Professional Staff).
ii) Document design criteria (coordinate with the Owner's staff)
iii) Project Administration
(1) Prepare project correspondence and invoicing documents.
b) Field verification of survey and base map
c) Preliminary water line layout approval
i) Prepare horizontal layout of water line on base map.
ii) Prepare cross sections at key locations for clarity.
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iii) Identify horizontal and vertical clearances and conflicts.
iv) Identify temporary easement requirements.
v) Identify locations for additional subsurface utility investigations.
vi) Identify permitting requirements.
vii) Meet with the Owner's staff for review and consensus on the
preliminary layout.
d) Preliminary Water Line Plan/Profile Preparation
i) Prepare (22"x34") Plan/Profile sheets at a 1 "=40' horizontal and 1 "=4'
vertical scale.
ii) Plan view of the base map shall have all above ground features shown
and clearly labeled along with existing utilities based on field ties and
record information. .
iii) Plan view shall include design notes for stationing, connections, tees,
fire hydrants, valves, and horizontal bends.
iv) Profile shall include design notes for stationing, size, slope, top of pipe,
pipe material, embedment, length and construction method.
v) Prepare preliminary water line design details, including a cathodic
protection system.
vi) Site verification of preliminary design.
e) Franchise Utility Coordination
i) Send one set of plans to each franchise utility for their review. Request
each franchise utility to mark up the plans to show the size, type, and
location of their utilities.
ii) Coordinate with the franchise utilities if any relocations are required.
Notify the Owner if any relocations will be required.
I) Prepare preliminary general notes and details.
g) Prepare preliminary special technical specifications.
h) Compile and prepare an updated opinion of probable construction cost for
the entire project using recent average unit bid prices which are
representative of similar types of construction in the local area.
i) Deliverables - Preliminary design submittal (60%)
i) Submit four (4) copies to the Owner for review and comment.
ii) Submittal shall include the following:
(1) Preliminary design plans (22"x34")
(2) Preliminary technical specification
(3) Opinion of probable construction cost
iii) Address Owner comments and submit four (4) final (11"x17")
preliminary plan sets.
j) Meetings .
i) Attend one (1) meeting with the Owner's staff to kick-off preliminary
design.
ii) Attend one (1) meeting with the Owner's staff to present and review
the draft preliminary plan.
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DESIGN AND DEVELOPMENT PHASE
B) Final Design
a) Incorporate the preliminary design submittal review comments (one (1)
round of comments anticipated in proposed effort).
b) Prepare updated opinion of probable construction cost.
c) Incorporate franchise utility investigation information.
d) Deliverables:
i) Final design submittal (95%)
ii) Submit four (4) copies to the Owner for review and comment.
iii) Submittal shall include the following:
(1) Final design plans
(2) Technical specifications
(3) Opinion of probable construction cost
iv) Submit final plans to the following regulatory agency for review: Texas
Commission on Environmental Quality (TCEQ) and the Texas
Historical Commision.
e) Meetings
i) Meeting with Owner to review 95% Plans.
9) Railroad Permit
a) Prepare the Railroad application and associated drawings related to a
required permit for crossing the Kansas City Southern Railroad.
b) Submit the application to the Owner for processing.
c) Owner shall pay all fees associated with the railroad permit.
CONSTRUCTION DOCUMENTS PHASE
10)Bid Specifications and Construction Contract Documents
a) Based on comments from the Owner, prepare final bid specifications,
construction contract documents, bid pians, and opinion of probable
construction cost.
BIDDING PHASE AND CONSTRUCTION CONTRACT EXECUTION
11)Bidding Phase Services
a) Make available for bidding, upon request by the Owner, one (1)
reproducible set of final approved and dated plans and specifications and
contract documents for bid of the project to the Owner for reproduction
and distribution to potential bidders.
b) Provide assistance to the Owner during bidding by preparation and
delivery of addenda to plan holders and responses to questions submitted
by plan holders.
c) Attend a scheduled pre-bid conference.
d) Attend bid opening.
e) Review bids for completeness and accuracy.
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f) Develop bid tabulation spreadsheet and provide the Owner four (4) hard
copies and in electronic format along with award recommendation.
g) Conformance plans and specifications:
i) Based on potential questions and addenda from the bidding phase,
prepare conformance set of plans and specifications to be used during
construction.
(1) Provide six (6) sets to the Owner for execution.
CONSTRUCTION PHASE
12)Construction Phase Services
a) Pre-Construction Conference
i) Design Professional will attend a Pre-Construction Conference prior to
commencement of Work at the Site.
b) Control Staking
i) Using information provided with the design surveys, provide the
selected contractor with the necessary on-site survey control data to
facilitate the Contractor's efforts to provide construction staking for the
project.
13)Record Drawings
a) Obtain and review comments and field changes on the construction plans
from Owner and/or Contractor.
b) Prepare record drawings based on comments and field changes. Since
the Design Professional will not be providing resident engineering services
and not observing on a full time basis, the Design Professional will not
seal the record drawings. The record drawings will be provided in the
following format:
(1) Mylar Hardcopy (1) copy
(2) PDF '(1) electronic copy
Additional Services
Services not specifically identified in the Scope of Services above shall be
considered additional and shall be performed on an individual basis upon
authorization by the Owner. Such services shall include, but are not limited to,
the following:
Traffic Control Plan
. SWPPP Plan
Cathodic Protection System Design
Traffic signal design
Soils and/or material testing
Sidewalk design
Design of any offsite drainage improvements beyond the improvements
identified in the scope
. Preparation for and attendance at public meetings
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Furnish additional copies of review documents and/or bid documents in
excess of the number of the same identified above.
Assist the Owner as an expert witness in litigation in connection with the
project or in hearings before approving and regulatory agencies.
Redesign to reflect project scope changes requested by the Owner,
required to address changed conditions or change in direction previously
approved by the Owner, mandated by changing governmental laws, or
necessitated by the Owner's acceptance of substitutions proposed by the
contractor.
Easement acquisition services beyond that in the scope:
. Appraisals
. Contacting property owners
. Condemnation support
. Offer letters
Submittal to Texas Department of Licensing and Registration (TDLR) for
ADA requirements.
. Construction staking
Landscape /Irrigation Design
Retaining wall design
"Value engineering'" after bidding
. Traffic studies or reports
. SWPPP inspections / coordination
Any services not listed in the Scope of Services
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Budget Detail
The following detail outlines the budget for each task in the above Scope of
Services. Compensation for the project is detailed in Section 2 of the
Professional Services Agreement and General Conditions Section 8.3.
TASK BUDGET
1) Preliminary Investigation $3,800
2) Design Survey $27,600
3) Geotechnical $6,400
4) Cathodic Protection System $9,700
5) Temporary Easement Instruments of $21,100
Conveyance Preparation
6) Easement Acquisition (Owner) N/A
7) Preliminary Design $29,500
8) Final Design . . $24,300
9) Railroad Permit $2,600
10) Bid Specifications and Construction $5,100
Contract Documents
11) Bidding Phase Services $5,300
12) Construction Phase Services $6,100
13) Record Drawings $3,000
Total $144,500
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