2007-182ORDINANCE NO. 2007-~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS,
INC. FOR THE DESIGN OF THE PECAN CREEK TRIBUTARY 4 PRELIMINARY
DESIGN AND CLOMR PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
engineering firm of Teague Nall and Perkins, Ina (TN&P), of Denton, Texas, to provide
professional engineering services related to the Pecan Creek Tributary 4 (PEC-4) Preliminary
Design and CLOMR project including final improvement recommendations, schematic
drawings, channel modeling, and "Confidential Letter of Map Revision" preparation; 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 1: The City Manager is hereby authorized by the City Council to execute
a "Professional Services Agreement for Architect or Engineer" (the "Agreement") with
Teague Nall and Perkins, Inc., Denton, Texas, for professional engineering services related to
the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project, for a
professional fee of not to exceed $114,700; 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: The award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated
ability of TN&P to perform the services needed by the City for a fair and reasonable price.
SECTION 3: The expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION 4: This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the / UL day of , 2007
~~'~""'I
PERRY cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the ~~. day of
~. 2007, by and between the City of Denton, Texas, a Texas municipal
co oration, 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 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Professional Engineering Services for Preliminary Design and CLOMR for
Trib PEC-4 from Bell Avenue to Bernard Street
(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 $ 108,400
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 $ 5,300
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
fee/rate 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 I.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 $1,000 without the prior written approval of the Owner.
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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City of Denton General Conditions Co Agreement for Architectural or
Engineering Services.
Attachments A through D
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
GE GE C. CA BELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CIT_Y/ S,E~-C,ARETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. S ER, C Y ~ TT EY
~~
BY:
Teague Nall and Perkins, nc.
BY: ~v
Gary .Vickery, P. .
Principal
WITNESS:
BY:
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CITI' OF DF.NTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE I. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
LI The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (dre °Agreement")
and proposal (The "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer
(hereinafter called the "Desigt Professional") or Design Professional's employees and consultants as enumerated in Articles 2
and 3 0(dtese 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 o(the same profession cunently practicing in the same
locality under similar conditions, including reasonable, informed judgments and prompt timely actions (The "Degree of Care").
The Services shall be per(onned as expeditiously as is consistent with the Degree o(Care necessary for the orderly progress of
the Project. Upon request of the Owner, the Design Professional shall submit (or the Owners approval a schedule for the
performance o(the Services which may be adjusted az the Project proceeds, and shall include allowances for periods of time
required for the Owner's review and for approval ofsubmissions by authorities havingjurisdic[ion over the Project. Time limits
established by this schedule and approved by the Owner shall not, except (or 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 swcmral, civih mechanical and electrical
engineering services and any other engineering services necessar}~ to produce a complete and accurate set of constmction
Documents, az described by and required in Section 2.4. The Bazic Services may be modified by the Agreement.
2.2 SCHEM1LATIC DESIGN PHASE (See Exhibit A for further Definifion and Clarificafion)
2.2.1 The Design Professional, in consultation with the (Tuner, shall develop a wTiaen program for the Project to ascertain
(h+ners needs and to establish the requirements for the Project.
2.2.2 'ihe Design Professional shall provide a preliminary evaluation of the Owners program, conswction schedule and
conswction budget requirements, each in terms ofthe other, subject to the limimtions set forth in Subsection 5.2.1:
2.23 The Design Professional shall review with the Owner al[emative approaches to design and constmction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and constmction budget requirements, the Design Professional shall
prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illuswting the
scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws,
statutes, ordinances. codes and regulations.
21.5 The Design Professional shall submit to the Owner a prcliminar}' Jerailcd estimate of Construction Cust based on current
area, volume or other unit costs and which indicates the cost of each category of work involved in conswc[ing the Project and
establishes an elapsed time (actor (or the period o(time from the conwencement to the completion of conswction.
23 DESIGN Df:VELOPNENT PBASE (N/A)
23,1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program. sche-
dule or conswction 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 az to architectural. swetural,
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 o(the Project.
23.2 The Design Professional shall advise the Owner of any adjusmcnts to the preliminary estimate of conswction Cost in a
further Detailed Statement az described in Section 2.2.5.
2A CONSTRUCTION DOCUDIE~ 1'S PHASE (N/A)
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality o(the Project
or in the conswction budget authorized by the Owner, the Design Professional shall prepare, for approval by the lT+ner,
conswction Documents consisting o(Drawings and Specifications setting forth in detail requirements (or The conswction of the
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulmions.
2.J.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information,
bidding or procurement forms, the Conditions o(the contract, and the form of Agreement between the Owner and conuactor.
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2.43 The Design Professional shall advise the Owner of any adjuswents to previous preliminary estimates of Conswction 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
(or the approval of govemmenlal authorities havingjurisdiction over the Project.
25 CONSTRUCTION CONTRACT PROCUREMENT (N/A
25.1 The Design Professional, following the Owners approval of the Conswction Documents and o(Ihe latest preliminary
detailed estimate of Conswction Cost, shall assist the Owner in procuring a conswetion contract (or 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 constmction contract is in the sole
discretion o(the Owner.
2.5.2 If the conswetion convect amount for the Project exceeds the total wnswetion vest o(the Project as set forth in the
approved Detailed Statement of Probable Conswction Costs of the Project submitted by the Design Professional. Then the
Design Professional, ar its sole cost and expense, will revise the Conswction Documents az may be required by the Owner to
reduce or modify the quantity or quality o(the work su that the total conswetion cost o(the Project will not exceed the total
constmaion cost set (ooh in the approved Detailed Statement o(Probable Conswction Cosh.
2.6 CONSTRUCTION PIIASF. -ADMINISTRATION OF THE CONSTRUCTION CONTRACT' (N/A)
2.6.1 The fksign Professional's responsibility to provide Basic Services (or the Conswction Phaze under this Agreement
commences with the award of the Contract for Constmetion and terminates a[ 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 Ihsign Professional shall provide detailed administration of the Contract (or Conswction az set forth below. Far
design professionals the administration shall also be in accordance wish AIA document A201, General Conditions of the Con-
tract for Conswction, curtcnt as of the date o(the Agreement, unless otherwise provided in the Agreement. For engineers the
adminisvetion shall also be in accordance wish the Standard Specifications for Public Works Conswction by the Noah Central
Texaz Council of Governments. curtent az of the date o(the Agreement, unless otherwise provided in the Agreement.
2.63 Constmetion Phase duties, responsibilities and limitations ofauthority of the Design Professional shall not be restricted.
modi0cd or extended without written agrttmem of the Owner and Design Professional.
2.6A The Design Professional shall be a represemative of and shall advise and consult with the Owner (1) during conswetion.
and (2) at the Owners direction from lime to time during the conection, or wartanty period described in the Contract for Con-
swction. The Design Professional shall have authority to as on behalf of the Owner only to the extent provided in the
Agreement and these General Conditions. unless otherwise mexlilied by written inslmmenl.
2.65 The Design Professional shall inspect the conswetion site at least two times a week, regardless of whether constmaion is
in progress, [o become familiar with the progress and quality of the work completed and to determine i(the work is being
performed in a manner indicating that the work when completed will be in accordance with the Contract Documen6. Design
Professional shall provide Owner a written report subsequent [o 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 o(Care
and diligence in discovering and promptly reporting to the Owner any defects or de0ciencies in the work of Contractor or any
subconuactors. The Design Professional represents that he will follow Degree of Care in performing all Services under the
Agr::mcnt. The Design: Precessional shat! promptly wrm_et any defeCbve dreivnc nr specifications furnished by the Denim
Professional ar no cost to the Owner_ The Owners approvah acceptance, use of or pa}mem (or all or any pan of the Design
Professional's Services hereunder or ofthe Project itself shall in nn way alter the Design Professional's obligations or the Owners
righB hereunder.
2.6.6 the Design Professional shall nut have control over or charge of and shall not be responsible (or conswetion 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 wish the
Commcl Documents except insofar as such failure may result fiom Design Professional's negligent acts or omissions. The
Design Professional shall not have control aver or charge of acts or omissions ol'the Convector, Subconwctors, or their agents
or employees, or of any other persons per(ortning portions o(the work.
2.6.7 The Design Professional shall at all times have access to the work wherever i[ is in preparation or progress.
2.6P Except az may otherwise be provided in the Contract Documents or when direct communications have bmn specially
authorizeQ the Owner and Convector 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 o(the work and evaluations o(the Convectors Applications (or
Payment the Design Professional shall review and certify the amounts due the Conuactor.
2.6.10 The Design Professional's certification for payment shall constiwte a representation to the Owner, hazed on the Design
Professional's observations at the site az provided in Subsection 2.6.5 and on the data comprising One Contractors Application
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(or Payment, thar the work haz progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The foregoing representations arc subject to minor deviations Gom the Contract Documents correctable
prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for
Paymem shall further constitute a representation that the Contractor is entitled to payment in the amount certified. Howevtt, the
issuance of a Certificate for Payment shall not be a representation that the Design Professional has (I) reviewed wnswetion
means, methods, techniques, sequentts or procedures, or (2) azeertained how or for what pugwse the Contmctor haz used money
previously paid on acwunt of the Contmet Sum
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract
Documents. Whenevtt the Design Professional considers it necessary or advisable for implemcnmtion of the intent of the
Contract Documents, the Design Professional will have authority m require additional inspection or testing of the work in
accordance with the provisions of the Conuact Documents, whether or not such Work is fabricated, insmlled or completed.
However, neither this authority ol'the Design Professional nor a decision made in good faith either to exercise or no[ exercise
such authority shall give rise to a duty or responsibility of the Design Professional to the Contactor, 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 Contractors submittals such as
Shop Dawings, Product Data and Samples for the purpose o((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 [he Contract Documents. l'he Design Professional shall act with such reasonable prompmess to cause no delay
in the work or in the conswction of the Owner or of separate contracmrs, while allowing sufficient time in the Design
Professional's professional judgment to permit adequate review. Review of such submitals is not conducted for the purpose of
deternining the accuracy and completeness of other details such az dimensions and quantities or for substantiating instmctions
for installation or performance of equipment or systems designed by the Contacmr, all o(which remain the responsibility of the
Contactor to the extent required by the Conuact Documents. The Design Professional's review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Design Professional, of constmc[ion means, methods,
techniques, sequences or procedures. The Design Professional's approval o(a specific item shall no[ indicate approval o(an
assembly o(which the item is a component When professional certification o(per(ornance chaacleristics of materials, systems
or equipment is required by the Contmet Documents, the Design Professional shall be entitled m rely upon such certification m
establish that the materials, systems or equipment will meet the performance criteria required by the Conuact Lhxuments.
2.6.13 The Design Professional shall prepare Change Orders and Conswction Change Directives, xith 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 Conuact Dcceuments, and may authorize minor changes in the work not
imoh~ing an adjustment in the Contract Sum or an extension o(me 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 i(requested by the Owner shall issue Certificates of Substantial and Final Completion.
The Design Professional will receive and review wrinen guarantees and related documents required by the Conuact for
Construction to be assembled by the Conuactor and shall issue. a final certificate for Payment upon compliance with the
requirements of the Contmet Documenfs.
2.6.15 'fhe Design Professional shall interpret and provide recommendations on matters concerning performance o(me Owner
and Contmctor under me requirements of the Contract Documents on written request o(either me Owner or Contractor. The
Design Professional's response to such requests shall be made with reasonable prompmess and within any time limi6 agreed
u0on.
2.6.16 Interpreations and decisions of the Design Rofessional shall be consistent wish the intent of and reasonably inferable
from the Conuact llocuments and shall be in writing or in the form of dawings. 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 me provisions of this Agreement
and in the absence of negligence.
2.6.17 The Design Professional shall render wrinen decisions within a reasonable time on all claims, disputes or other mowers in
question between the Owner and Conuactor relating to the execution or progress of me work az provided in the Contract
Documents.
2.6.18 The Uesigp Professional (1) shall render services under me Agreement in accordance with me Degree o(Care; (2) will
reimburse the Owner for all damages caused by me defective designs the Design Professional prepares; and (3) by
acknowledging payment by the Omer 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 Constmction Documents during the Constmetion Phaze. The reproducible prints will be based on
information provided to the Design Professional by omers.
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ARTICLE3 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 az 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 descdbed under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the
Desigp Professional's wnuol, the Design Professional shall notify the Owner in writing and shall not commence such additional
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such
Contingent Additional Services are not required, the Desipt Professional shall have no obligation to provide those services.
Owner will be responsible for wmpensating the Design Professional for Contingent Additional Services only if they are noI
required due to the negligence or fauh of Design Professional.
3Z PROJECT-REPRESENTATION BF,YOND BASIC SERVICE-S
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 azsist in taming out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional
shall be compensated therefore az agreed by the Owner and Design Professional.
33 CONTIN'CENT ADDITIONAL SERVICES
33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are
1. inconsistent with approvals or inswctions previously given by the Owner, including revisions made
necessaq~ by adjustments in the Owners program or Project budget;
2. required by the enactment or revision o(cudes, laws or regulmions subsequent to the preparation of such
documents, or
3. due to changes required as a result of the Owners (allure 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 supposing data. and providing other services in connec-
tionwith Change Orders and Constmction Change Directives.
33A Providing consultation concerning replacement o(work damaged by fire or other cause during wnswc[ion, and (umishing
services required in connection with the replacement of such work.
33.5 Providing services made necessaq~ by the default o(the Contractor, by major defects or deficiencies in the work o(the
Contractor, or by failure of performance o(either the Owner or Conlmetor under the Contract for Conswetion.
33.6 Providing services in evaluating an extensive number o(claims submitted by the Conlmetor or others in connection with
the work.
33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding esccpt where the Design
Professional is party thereto.
33.8 Prm~iding services in addition to those required by Article 2 (or preparing documents for ahemate, separate or sequential
bids or providing services in connection with bidding or conswaion prior to the completion o(Ihe Conswction Ikreuments
Phase.
33.9 NoMithstanding 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 pan due to the negligent act or omission of the Design
Professional shall be performed by the Design Professional az a part of the Basic Services under the Agreement with no
additional compensmion above and beyond the compensation due the Design Professional for the Bazic Services. The
intervening or concurrent negligence of the Owner shall not limit the Iksign Professional's obligarions under this Subsection
3.3.9.
3A OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
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3.43 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or
others havingjudsdiction over the Project.
3.4.4 Providing services relative to fuNre facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make meazured dmwings thereof.
3.4.6 Providing services to verily the accuracy of drawings or other information famished by the Owner.
3.4.7 Providing coordination of constmetion performed by separate contractors or by the Owners own (ones 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 ofmaterial, equipment and labor.
3.4.9 Providing analyses o(opera[ing and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals ofesisting facilities
3.4.12 Providing assistance in the utilization of equipment or systems such az testing, adjusting and balancing, preparation of
operation and maintenance manuals, [raining personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection wish the seleaiuq procurement or installation
of furniture, furnishings and related equipment.
3.J.14 Providing services other Than az provided in Section 2.6.4. after issuance to the Owner of the final Cenilicate for Payment
and expiration of the W artanry period of the Contract for constmetion.
3.4.15 Providing services of consultants for other than architeduml, civil, swewral, mechanical and electrical engineering por-
tions o(the Project provided az a pan of Baic Services.
3.J.16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with
generally accepted architecmml pmaice.
3.4.17 Preparing a set of repnxlucible record dmwings in addition to those required b}' Subsection 2.6.19, showing significant
changes in the work made during constmetion based on marked-up prints, dmwings and other data famished by the Contractor to
the Design Professional.
3A.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all
services dc5cnbed in this Article 3 That are caused or necessitated in whole or in pan due m the negligent act or omission o(the
Design Professional shall be perfotmed by the Design Professional az a pan of the Baic Services under the Agreement with no
additional compensation above and beyond the compensarion 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.
ANTICLE4 OWNER'S RESPONSIBILITIES
4.1 The O'.:rc: shall ccnsult v:ith the Desgr Pro(-s=_ienal rrgarding requirements for the Proiect includine (D the Owners
objectives. (2) schedule and design constraints and criteria, including space requirements and relationships. Oexibilint
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 Comwctien Cost, the Owner's other
costs and reasonable comingencies related to all of these costs.
43 If requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to
fulfill the Owners obligations under this Agreement.
J.J The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project 'Die Owner
or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design
Professional in order to avoid unreasonable delay in the orderly and sequential progress of Ne Uesign Professional's services.
4.5 Where applicable, the Owner shall famish surveys describing physical characteristics, legal limitations and utility locations
for the site of the Project and a written legal descoption of the site. The surveys and legal information shall include, as ap-
plicable, grades and lines of streets, alleys, pavements and adjoining property and swcmres; adjacent drainage: rightsuGway,
restrictions, eaements, encroachments, zoning, deed restrictions, boundaries andbontours o(the site; locations, dimensions and
necessary daza pertaining to existing buildings, other improvements and noes; and information concerning available utility
services and lines, bath public and pmare, 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 famish the services o(geotechnical engineers when such services are requested by the
Design Professional. Such services may include but are not limited [o test borings, test pits, dMenninarrons of soil bearing
values, percolation tests, evaluation of hazardous materals, ground corrosion and resistivity tells, including necessary
operazion for anticiparingsub-soil conditions, with reports and appropoare professional rewmmendation.
4.6.1 The Owner shall famish the services of other consultants when such services arc reasonably required by the swpe of the
Project and are requeried by the Design Professional and are not retained by the Design Professional as pan of its Basic Services
or Additional Services.
4.7 When not a pan of the Additional Services, the Owner shall famish swetural. mechanical, chemical, air and water pollution
tests, tells of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the
Contract Documents.
4b The Owner shall famish all legal, acwunting and insurance wunseling services az may be necessary aI any lime for the
Project, including auditing services the Owner may require to verify the COtttraMOlS Applications for Payment or to ascertain
how or far what purposes the Contmcmr has used the money paid by or on behalf of the Owner.
J.9 The services, infomta[ioq surveys and reports required by Owner under Sections 4.5 through 4.8 shall be famished at the
Owners expense, and the Design Professional shall be entitled Io rely upon the accuracy and completeness (hereof in the absence
of any negligence on the pan of the Iksign Professional.
J.10 The Owner shall give prompt written notice to the Design Professional if the Otmer becomes aware of any fault or detect
in the Projector nonconformance wish the Contran Documents.
J.11 Design Professional shall propne language (or certificates or certifications to be requested o(Ihe Design Professional or
Design Professional's consultants and shall submit such to the Owner for review and approval at lent fourteen Q4) days prior to
execution. The Owner agrees not to request certifications that would require knowledge or services beyond the swpe of the
Agreement.
ARTICLE 5 CONS"1'RIICI'ION COST
5.1 CONS'fRUCF1ON COST DEFINk:D
5.1.1 The Conswction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or
spcci0ed by the Design Professional.
5.1.2 The Conswction Cost shall include the cost a[ curtent made) rates of labor and materials famished b}' the (timer 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 madet conditions ar
the time of bidding and (or changes in the work during Conswction.
5.13 Constmdion Cost does not include the compensation of the Design Professional and Design Professional's conuhants, the
costs of the land, rightsof-way, financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILI'fl' FOR CONS'fRUCI'ION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Conswction Cost and detailed estimates of Conswc-
tion Ccst prparcd by the Desi~ Pmfessiensl repre=_ent Lhe Desi~ Prol'evcinnal'e hest iudement as a desien professional familiar
with the Conswction industry. It is recognized, however, That neither the Design Professional nor the Owner haz control over the
cost of labor, maerials 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 warant or represem that bids or cost proposals
will not vary flora the Owners Project budget or flan any estimate o(Conswction Cost or evaluation prepared or agreed to by
the Design Professional.
5.2.2 No fixed limit of Conswction Cos[ shall be established as a condition of the Agreement by the famishing, proposal or
establishment of a Project budget, unless such tined limit has been agreed upon in writing and signed by the parties thereto. I(
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 constmction are 1o be included in
the Contact Documents, to make reasonable adjuswents in the scope of the Project and to include in the Contract Uceumenls
alternate bids to adjnt the ConslruMion Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Conuact Sum occurring after execution of the Conwet for Conswction.
5.23 If the Prceuremem Phase has not commenced within 90 days after the Design Professional submits the Conswction
Documents to the Owner, any Project budget or fixed limit of Conswction Cost shall be adjusted to reflect changes in the
general levd of prices in the Conswction indn[ry beM~een the date of submission of the Conswction Documents to the Owner
and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
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6.1 'The Drawings, Specifications and other documents prepared by the Design Professional (or this Project are inswments of
the Design Professional's service and shall become the property of the Owner upon termination or completion o(ttte 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 az Owner s sole risk and expense. tr the event the
Owner uses any o(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 o6¢ial regulatory requirements or for similar purposes in connection with
the Project is not to be conswed as publication in derogation o(the Desipt Professional's reserved righ6.
ARTICLE 7 TEINIINATION. SUSPENSION OR ABANDONh1EN'!
7.I 'The Design Professional map terminate the Agreement upon not less than thirty days w7itten notice should the Owner (ail
substantially to perform in accordance with the tents of the Agreemem through no fault of the Desigt Professional. Owner may
terminate the Agreement or any phase thereof with or without cause upon thirty (30) days poor 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 (or all work it
sazis(actorily performed prior to the receipt o(such notice. No amount shall be due for lost or anticipated profits. All plans, field
surveys, and other data related [o the Project shall become property of the Owner upon termination of the Agreemem and shall be
promptly Delivered to the Owner in a reasonably organized farm. 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 (or more than 30 consecmive days, the Design Professional shall be compensated
(or services satisfacmrily performed prior to notice o(such suspension. When the Project is resumed, the Design Professional's
compensation shall be equitably adjusted to prm~ide (or expenses incurred in the intertuption 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 Desgn Professional in
the event that the Project is permanently abandoned. If the Project is abandoned by the Owner (or more than 90 wnsecutive
days. the Design Professional or the Owner may terminate [he Ageemem by giving written notice.
7.J Failure of the Owner to make pa}intents to Ne Design Professional (or work satisfactorily completed in accordance with the
Agreement shall be considered substantial nonper(ortnance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within Thirty (30) da}s of receipt of a statement for services
properly and satisfactorily performed, the Design Professional map, upon seven days written notice to the Ownet suspend
performance of services under the Agreement.
7.6 tr 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 PAYD4:NT5 "r0 TIIE DESIGN PROFESSIONAL
8.1 DIRECT PF.RSONNF.L EXPENSE
S.LI Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and
the portion of the cos: of their mandato.^,~ and customary comrihminna and henefirc relined thereto. such as emulosment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation (or L3asic and Additional Services and include expenses incurred
by the Design Professional and Design Professional's employees and consultants in the interest o(the Project as idemified in the
following Clauses.
8.2.1.1 Expense of transportation in connection with the Project: expenses in connection with authorized Dotal-town travel;
long-0istance communications; and fees paid (or securing approval of authorities havingjurisdiction over the Project.
8.2.1.2 Expense o(repraluctions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage
and handling o(Dmwings, Specifications and other documents.
8.2.13 ((authorized in advance b}' the Owner, expense of overtime work requiring higher Than regular rates.
8.2.1.4 Expense o(renderings, models and mock-ups requested by the Owner.
82.15 Expense ofcomputer-aided design and drafting equipment lime when used in connection with the Project.
8.2.1.6 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 phaze of service, on the basis set forth in Section 2 of the Agreement and the schedule o(work.
83.2 I(and to the extent than the time initially' established in the Agreement is exceeded or extended through no fault o(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 R'hen compensarion is based on a percentage o(Constmclion Cast and any portions of the Project are deleted or otherwise
not conswcled, compensation (or 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 0) the lowest bona fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or derailed estimate of
Constmction Cost (or such portions of the Project.
8.4 PAlT1EN'FS 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 presenm[ion to the Owner of the Design Professional's statement of services rendered or
expenses intoned.
8.5 PAI;}IF.NTS M'ITHIIELD No deductions shall be made from the Design Professional's compensation un account of
penalty, liquidated damages or other sums withheld flora payments to contmetoq or nn account of the cost of changes in the
work other than those (or which the Uesign Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOl1NTING RECORDS Uesigr~ Professional shall make available to Owner or
Owner's authorized representarive records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on [he basis of a multiple of Uirect Personnel Expense for inspection and copying during regular business
hours for Three years after the dare of the final Certificate of Payment, or until any litigation related to the Projea 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 otiicers, 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 h}' the Owner, and including, without limitation, damages (or bodily and
personal injury. death and property damage, resuhing from the negligent acts or omissions o(Ihe Uesign Professional or its
officers, shareholders, agents. or employees in the execution, operation, or performance o(the Agreement.
9.2 Nothing herein shall be construed m create a liability to any person who is not a party to the Agreement, and nothing
herein shall waive any o(the ponies' defenses, both at law or equity, to any claim, cause ofaction, or litigation filed by
anyone not a party to the Agreement, including the defense of governmemal immunity, which defenses are hereby
expressly reserved.
ARTICLE IO INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance
u9th an iasara;.ce company licensed to do bu=_iness in the State of Texas by the Slate Insurance Commission or any
successor agency that has a rating with Best Rate Caniers of at least an A- or above:
10.1 Comprehensive General Liability' Insurance with bodily injury limits of not less than $1,000,000 (or each occurtence
and not less than $1,000.000 in the aggregate, and with property damage limits of not less than $100.000 for each
occurtence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not Icss 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 (or each accident.
10.3 Worker's Compensation Inwrance in accordance with statutory rcyuirements, and [mployers' Liabiliy Insurance
with limits of not less than $100,000 (or each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000 000 annual aggregate.
10.5 The Design Professional shall famish 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 Auomobile
Liability insurance policies shall name the Owner az 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 he
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, famish Owner with substitute
certificates ofinsurance 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 Stare of'lexaz. Venue of an}' suit or cause of action under the
Agreement shall lie exclusively in Denton Counry, 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 [he Agreement without
the written consent of Ue Owner.
113 The term Agreement az used herein includes the executed Agreement, the Proposal, these General Conditions and other
attachments referenced in Secion 3 of the Agreement which together represent the entire and integrated agreement between the
Owner and Design Professional and supersedes all prior negotiations, representmions 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
Agreemem the executed AgreemenS 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 wn0iM so that they can not be reasonably hamronized, such documents shall be given
prioril}~ in the following order:
The executed Agreement
Attachments referenced in Section 3 of the Agreement other than Ore 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 parry
against eitherthe 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 phomgraphs of the exterior and interior, among the Design Professionals promotional and
professional materials. The Design Professional's materials shall not include the Owner's confdemial or proprietary information
if the Owner has previousty advised the Design Professional in writing of the specif¢ information considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit (or the Design Professional on the conswction sign and
in the promotional materials (or 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, subconlraclmrs, agents, and
consultants.
11.7 All notices. communications, and reports inquired or permitted under the Agreement shall be personally delivered or
mailed to the respective parties by depositing same in the United Stales mail to the address shown bl'IOw signature block on
the Agreement, cerified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed
effective upon receipt by the pang to whom such notice is given, or within three (d) days after mailing.
I I.S 1( any provision of the Agreement is found or deemed by a court of competent jurisdiction to be im~alid or
unenforceable, it shall be considered severable from the remainder of the Agreement and shall noI cause the remainder to
be imalidor unenforscable. ir, such event, the parties steal! reform the Agreement to replare such strirkrn prm~isinn with a
valid and enforceable provision which comes az close az possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply wish all federal, stale, and local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as They ma}' now read or hereinafter be amended.
I I.IO In performing the Services required hereunder, the Design Professional shall not discriminate against an}' person on
the basis of race, color, religion, ses, national origin or ancestry, age, or physical handicap.
11.11 The captions of [he Agreement arc 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
PECAN CREEK, TRIBUTARY 4 -PRELIMINARY DESIGN
CITY OF DENTON
BASIC SERVICES
PROJECT DESCRIPTION
This project will consist of a comprehensive analysis and evaluation of Pecan Creek, Tributary 4, (i.e. PEC-
4). This analysis will serve as the basis for the application for a Conditional Letter of Map Amendment
(CLOMR) as well as the basis for design of improvements necessary to alleviate the flooding in the project
area. This analysis will include the collection of the data necessary for the analysis, hydrologic modeling of
the drainage area, encompass the hydraulic modeling of the Creek, make recommendations and
conclusions, present the results of the study to the City, propose specific construction projects that are
intended to mitigate and/or alleviate the flooding in the area, and prepare construction plans for the first of
the proposed construction projects. It is understood that this work will be limited to the analysis of PEC-4
beginning at the new channel at Wainwright and Bell Street and ending at Bernard Street. It will also
include a limited study of the areas where diversion of storm water is known or expected to exist.
GENERAL
A. Basis for the Scope of Services
The following assumptions were used by the ENGINEER for the preparation of this scope of Basic
Services:
1. This analysis will assume that PEC-4 is currently afully-developed watershed. The current land
uses and zoning will be used to determine the discharge rates as described in the following
section.
2. The existing "as-built" plans are assumed to be available from the City of Denton archives.
3. It is understood that this work will require the creation and/or re-creation of the hydrologic model.
4. This scope will not include modeling of diversions identify as part of this work. Any modeling of
diversion points will be considered as additional work.
5. This scope will include a new hydrologic model based on the SCS Dimensionless Unit
Hydrograph Theory. The new model will provide improved data necessary to refine, or otherwise,
better define the design of the proposed improvements.
6. It is understood that the work performed under this scope of work will provide the basis for the
design and construction of specific projects identified during the study process.
7. It is understood that this project will include the application for a CLOMR based on the
recommendations presented as part of the hydrological/hydraulic study.
8. Opinion of Cost estimate referenced in this scope of services will be based on conceptual plans
and will contain an appropriate contingency.
9. FEMA CLOMR application fees will be paid by the City, and are not included herein.
B. Scone of Basic Services
The scope of this work is described as follows:
TASK 1: Data Acquisition Collection and Inventory
The data collected for this project will include existing information possessed by City o1
Denton and by the Engineer in the form of studies, maps, construction plans, and digital files.
The work included in this Task is described as follows:
Attachment A -Page 1 of 5
a. Evaluate and determine the project objectives, establish design criteria for the
development of recommendations and design of the recommended projects.
b. Obtain available topographic maps, zoning maps, land use maps, and aerial maps
within the study limits from City of Denton. This data will be supplemented by the field
data obtained for this project.
c. Obtain and review available "as-built" plans for drainage structures located within the
project area, including the culverts, bridges, and channel improvements for PEC-4.
Obtain and review available "as-built" plans for selected storm sewers in the area as
needed.
d. Conduct a maximum of 4 site visits to PECK tc visually confirm the condition of the
channel and project site. The information gathered from these visits will be used to
determine the roughness coefficients and other parameters used in the numerical
modeling of the stream.
e. Obtain and review available hydrologic and hydraulic studies for PEC-4, including the
"current effective" hydrological/hydraulic models from the Federal Emergency
Management Agency (FEMA); models completed by other consultants; and, Pecan
Creek Master Drainage Plan models.
TASK 2: Hydrolooic Analysis
This Task includes the work necessary to develop hydrologic models within the study area.
Study discharges will be determined for PECK over a range of storm events, including the 2-
5-, 10-, 25-, 50-, and 100-year storm frequency period, for afully-developed watershed.
The scope of work necessary to complete this Task is as follows:
a. Prepare a drainage area map from available contour maps provided by the City of
Denton, using a reasonable standard scale.
b. Delineate sub-watersheds as necessary to analyze existing drainage patterns within the
study area and to identify and define proposed improvements. The delineation of the
sub-watersheds will be based on the drainage areas of the existing storm sewer and
surface runoff as defined by the available contour maps, aerial maps, site visits, and
construction plans provided by the City of Denton.
c. Identify areas where storm water may be diverted from the main channel into the street
drainage system. This work will include identification of the diversion points only. No
modeling of the diversion will be considered as part of this scope.
d. Obtain and/or determine the hydrologic parameters for each sub-watershed including
precipitation data, time of concentration, rainfall loss rates, and land use category, and
soils data.
e. Create a new effective hydrologic model for the 2-, 5-, 10-, 25-, 50-, and 100-year storm
frequency based on land use, and/or zoning, maps provided by the City of Denton, soils
maps as published by the SCS, and lag times calculated from the topographic and
drainage maps. The creation of these models will be based on the SCS Dimensionless
Unit Hydrograph Theory, utilizing the HEC-HMS format.
f. Create a new past-project hydrologic model for the 2-, 5-, 10-, 25-, 50-, and 100-year
storm. This model will incorporate the proposed projects based on the recommended
improvements to the PEC-4 tributary. The purpose of this model will be to asses the
Attachment A -Page 2 of 5
impact of the improvements in the channels such as the loss of valley storage.
Synthetic rainfall data will be used rather than the rainfall data from the recent storms.
TASK 3: Hydraulic Analysis
This Task includes the work necessary to develop the hydraulic models for PEC-4, existing
conditions and for the post-project models based on the recommended improvements. The
work will include a verification of the existing, or effective model, and the creation of new
models based on the discharges for the 2- 5-, 10-, 25-, 50-, and 100-year frequency storms.
a. Confirm the current effective model provided by FEMA. After the verification, create an
existing model based on the improved data obtained from Feld surveys and calculated
discharges for PECK.
b. Create "corrected-effective" hydraulic models, using HEC-RAS software, based on
improved survey data and physical measurements. The "corrected-effective' models
will be created for each of the storm discharges calculated as part of Task 1. The
"corrected-effective" models used to establish the existing condition flood plain.
c. Using the "corrected-effective' hydrologic and hydraulic models, recommend design
projects that will alleviate, if not eliminate, the flooding potential. The recommendations
will be made based on input from City Staff and the results of modeling process.
d. Present findings of the hydraulic model and recommendations for improvements to the
drainage system for the PECK Tributary. This work will include the preparation of an
interim letter report. This Task assumes a minimum of 2 meetings with City Staff.
e. Create a "post-project" hydraulic model based on the proposed, or recommended,
project alternatives. The post-project hydraulic models will be used to establish base
Flood elevations and will provide the basis for the application for a Conditional Letter of
Map Revision.
f. The flood limits will be delineated based upon the results of the hydraulic models as
described in this task. This task does not anticipate a comparison of the Base Flood
Elevation with the finished floor data given as a supplement to the master drainage plan.
TASK 4: Prepare and Submit Conditional Letter of Map Revision
This Task includes the work necessary for the preparation and submittal of an application
to the Federal Emergency Management Agency (FEMA), for a Conditional Letter of Map
Revision (CLOMR).
a. Following the completion of Task 3, prepare and submit an application for the CLOMR
based on the proposed conditions. The CLOMR will reflect both new hydrology and
hydraulics.
b. Coordinate with FEMA and the City of Denton as necessary to facilitate the
application for the CLOMR.
TASK 5: Recommendations and Final Presentations
The results, conclusions, and recommendations based on this work will be summarized in
a report and presented to the City upon completion of the study. Included with the report
will be a reproduction of the base maps with the flood plains delineated and possible
improvements to the channel. The following describes the work included in this Task:
Attachment A -Page 3 of 5
a. Prior to submission of the report, preliminary findings will be submitted to the City for
their comment, review, and discussion. Alternatives such as structural channel
improvements, diversions, and culvert improvements will be considered. The intent of
the discussion will be to identify possible alternatives that should be eliminated from
further discussion.
b. Revise the base models to reflect possible improvements that would accomplish the
project objectives.
c. Recommended improvements will be tabulated and depicted on the base maps.
d. Conceptual cost estimates will be prepared for the recommended improvements.
e. A final report will outline the recommendations and estimated costs.
TASK 6: Field Survey
This Task will include the collection of physical survey data needed to supplement the cross
section and finish floor data obtained from previous studies. The additional survey will
primarily consist of cross sections needed to augment those obtained from previous studies,
additional finished floors if needed, and profiles of the centerline and gutters of roadways as
listed in this section. The data will be collected by GPS equipment, except where tree
canopies make the use of such equipment impractical. In those cases, the information will
be collected by more traditional means.
a. The need for additional cross sections will be determined after a review of the previous
models. The determination will be based on the requirements of the modeling methods,
techniques, and approach. The number and location of cross sections will be identified.
It is understood that the physical survey of the additional cross sections will be
supplemented by available topographical information.
b. The additional survey will also include profiles of selected street centerlines and gutters.
This data will be utilized to identify overflow, i.e. diversion, of storm water into the street
drainage system. The work necessary for this Task include, but will not necessarily be
limited to the following list of Streets:
STREET FROM TO
Mulberry Bernard Elm
Sycamore Carroll Elm
Stroud Carroll Elm
Prairie Carroll Wainwright
Warren Locust Wainwright
Carroll Hickory Prairie
Pierce Stroud Highland
Elm Mulberry Highland
Locust Sycamore Eagle
Wainwright Prairie Bell
This list is provided for budgeting purposes. However, it is understood that this work
should be completed on an hourly basis, as needed.
Attachment A -Page 4 of 5
TASK 7: Environmental Considerations
For the purposes of this work, it is understood that a limited environmental assessment of the
project sight will be pertormed in accordance with the Clean Water Act, Section 404. This
assessment will be limited to the identification of jurisdictional waters and wetlands within the
study limits and the applicability of any Nationwide Permits. The purpose of this assessment
is to provide guidance related to the recommended improvements. Applications for any
individual and or other permits are not considered as part of the scope of this work.
In addition, a cursory antiquities study will be completed as part of this scope of work. It is
noted that much of the existing facility was constructed in the 1930's and 1940's with rock
lined channel. The purpose of the antiquities study is to determine if any of these structures
have any historical significance requiring protective measures.
TASK 8: Preliminary Desion Services
Preliminary design services will be provided as part of this work. The work will include
recommending a schedule for the completion of the entire project. The schedule will be
based on input from the City, priorities as defined by the City, on the physical constraints and
conditions imposed by the hydrologic/hydraulic response of the system to the design storms,
and on an opinion of probable costs.
a. Preparation of Preliminary . Schematics, showing the proposed improvements.
Schematic plans will include plan view exhibits, profiles and typical sections. These
schematics, along with the data developed in Task 3, will be used for submittal of the
CLOMR to FEMA for the entire limits of the project.
b. Preparation of Preliminary Construction Cost estimates, including necessary utility
relocations.
c. Preparation of a Project Plan, based on schematics and cost estimates, that designates
the several specific construction projects that will encompass the entire stream reach.
C. Scone of Special Services
TASK 9: Public Meetinos
For budgeting purposes we have assumed that one presentation to the Public Utilities Board will be
required. TNP will support the staff with exhibits and information for the presentation, and will
attend and assist in that presentation, if requested. In addition, we have assumed two public
meetings to share with and solicit information from the public. TNP will prepare exhibits, make a
brief presentation, and be available to answer questions. This task will be provided on an hourly
basis, as requested.
Attachment A -Page 5 of 5
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 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:
Task 1 - Data Acquisition $ 7,500
Task 2 - Hydrologic Analysis $15,400
Task 3 - Hydraulic Analysis $30,200
Task 4 - CLOMR $6,000
Task 5 -Recommendations $10,800
Task 6 -Field Surveys (hourly, estimated) $18,000
Task 7 -Environmental Considerations $6,200
Task 8 -Preliminary Design 1~4 3~0
Total $ 108,400
Field surveys will be done on an hourly basis, since it is unclear at this time how
extensive the survey effort will need to be. The fee shown above for survey will
not be exceeded without express authorization by the Client. All other fees
shown above are fixed fees, however, the breakdown by task is for information
only. The distribution between tasks could vary from the task totals shown. See
Attachment'D' for a detailed breakdown of tasks and estimated effort.
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 plus 10%with anot-to-exceed amount of:
$ 1,000
3
Total Fee for Basic Services
TOTAL (BASIC SERVICES) $ 109,400
Attachment B- Page 1
4. Schedule
The following approximate schedule is anticipated:
Submit preliminary findings for review and discussion 12 weeks after
authorization to proceed.
Submit final report with recommendations, cost estimates and exhibits 4
weeks after approval of preliminary findings.
Submit preliminary design, with schematic drawings, updated cost
estimates, Project Plan and CLOMR documents 6 weeks after approval of
report.
Final design of initial phase could proceed during FEMA review of the
CLOMR. This schedule will be set after completion of the preliminary
design.
Public meetings, if needed, will be arranged and scheduled as the project
proceeds, and could impact the schedule outlined above.
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
ATTACHMENT A, Itemized Scooe of Services, shall be considered Special Services.
The ENGINEER will be reimbursed for Special Services 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 C, Standard Rate Schedule.
Task 9 -Public Meetings (hourly, estimated) $5,300
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 PLUS 10%.
C. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scooe
of Basic Services, shall be considered Additional Services. The ENGINEER will be
reimbursed for Additional Services, should they be requested, as described below:
1. Labor
Attachment B- Page 2
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 C, 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 PLUS 10%.
D. SUMMARY:
Basic Services
Special Services
Additional Services
Total Contract Amount
$ 109,400
$ 5,300
N/A
$ 114,700
Attachment B-Page 3
ATTACHMENT C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2007 to December 31, 2007'
Engineering I Technical From To
Principal $150 - $220 Per Hour
Project Manager $115 - $150 Per Hour
Senior Engineer $90 - $160 Per Hour
Engineer $80 - $120 Per Hour
Landscape Architect /Planner $90 - $150 Per Hour
Designer $85 - $110 Per Hour
Senior Designer $100 - $130 Per Hour
CAD Technician $60 - $85 Per Hour
Senior CAD Technician $75 - $100 Per Hour
IT Consultant $120 - $140 Per Hour
IT Technician $70 - $100 Per Hour
Clerical $50 - $70 Per Hour
Resident Project Representative $70 - $90 Per Hour
Survevin
Survey Office Manager $145 - $155
R.P.L.S. $100 - $130
S.I.T. $70 - $90
Senior Survey Technician $70 - $90
Junior Survey Technician $60 - $75
2-Person Field Crew w/Equipment $100
3-Person Field Crew w/Equipment $110
4-Person Field Crew w/Equipment $135
1-Person G.P.S. Crew w/Equipment $110
2-Person G.P.S. Crew w/Equipment $130
3-Person G.P.S. Crew w/Equipment $150
1-Person Robotic Crew w/Equipment $90
2-Person Robotic Crew w/Equipment $110
Direct Cost Reimbursables
Photocopies $0.10/page letter and legal size bond paper, BSW
$0.20/page 11" x 17" size bond paper, B&W
$2.00/page 22" x 34" and larger bond paper or vellum, B&W
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, B8W
$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 $0.48/mile
All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
` Rates shown are for calendar year 2 007 and are subject to change in subsequent years.
PECAN CREEK, TRIBUTARY 4
PRELIMINARY DESIGN
ATTACHMENTD
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PEC-4 PRELIMINARY DESIGN -CITY OF OENTON
Princ
PM
PE
EIT
CAD
Clerical
Reimb
Total Hr
Task TOtal
Task 1 -Data Acqulsltlon, Collection, antl Inventory
Evaluate and Determine the Project Objectives 4 1 4 9 $ 1,415
Obtain Available Tapogr~hic Maps, 6 250 8 1,170
Obtain and Review Available'as-built' Plans 4 8 220 12 1,640
Contlud Sile Visits ._ 14 Maximum) 2 8 6 18 2,270
Obtain antl Review Available HytlrologicJHytlraulic Studies B 100 8 1,005
Total Hours 4 3. 16 32 - - --- ---- ---
Task 2 -Hytlrologic Analysis
Prepare a Drainage Area Map 2 i6 4 22 2,490
Oelineale sub-watershetls 2 8 12 22 2,382
Determine Areas Where Storm Water May Be Divertetl 2 4 4 16 26 3,410
_ Obtain antllor Determine the Hytlrologic Parameters 16 16 1,640
Create a 2-, 5-, 10-, 25-, 50-, antl 100-yr Hytlrologic Matlel 4 24 28 3,260
Create a 2-, 5-, 10-. 25-, 50-, and 100-yr Post-Project Model 17 17 1,966
Total Hours 2 4' 12 97 16
Task $ -Hydraulic Analysts
Confirm the current e0eclive model 2 4 6 AREF!
Create'correcletl-effective' Model 2 32 34 4,030
Recommend tlesign PrOjeds 8 24 32 60 124 16,580
Present Preliminary Findings to Cily of Denton 4 4 B 8 4 28 3,500
Create a "post-project' hydraulic model 2 4 20 26 3.150
Delineate Flootlplains 2 16 1B 2,220
Total HOUrs 12 34 46 132 8 4
Task 4 -Prepare antl Submll CLOMR
Prepare and Submit GLOMR Application 1 2 4 24 6 39 4,595
Coordinate w FEMA 12 12 1,405
Total HOUrs
Task 6 - Recommentla[ions and Final Preseniatlons i 2 4 36 B - --- -_ __
Present Preliminary Findings to Glty o! Denton 4 4 4 B 20 $ 1,960
Provide GoncepWal Gost Estimates 4 2 4 16 26 3,430
Prepare and Present Final Report 4 2 2 B 16 i6 48 4 900
Total Hours 12 6 10 24 16 24 ---- ---- ---
Task 6 - Fleltl Survey
Adtlltional Cross Sections, Intersections, Street Profiles 2 4 4 $ 16,500 10 $ 18,030
Total Hours 2 4. - d - - --- ---- ----
Task 7 - Enviromental Consltleration
Determine Juristlictional Waters 2 1 1 § 4,500 4 $ 5,200
Antiquities Study 2 2 a 0 980
Total HOUrs 2 3 T 2. 4 - --
Task 8 -Preliminary Design
Prepare Preliminary Schematics 2 2 28 56 68 $ 9,540
Prepare Construdicn Casl Estimates 2 2 16 20 2.560
Prepare Project Plan 2 8 4 14 2230
Total HOUfS 6 12
- 48 Sfi
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--
-_-
ProjectTaMls 50 78 89 382 722 28 ---- 750
E 7,500
E 15,400
$ 30,200
$ 6,000
E 10,800
E 18,000
$ 6,200
S 14,000
E 1oa,41ro
SPECIAL SERVICES
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Task 9 -Public Meetlngs (hourly, estimatetl)
PUB Presentation,-~ 1 each 6 0 4 8 22 $ 3,100
Public Meelingsr~ 2 each 3 4 3 6 16 2.200
Total Hours 9 8 - 7 14 - -- ---- ----
§ 5,]00
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