2007-192ORDINANCE NO. 2007- /9~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER WITH THE FIRM OF
BIRKI-IOFF, HENDRICKS & CONWAY, L.L.P., CONSULTING ENGINEERS, FOR THE
DESIGN OF AND THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE
PROPOSED CITY OF DENTON ROSELAWN ELEVATED STORAGE TANK, AS SET FORTH
IN THE AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (IN THE AMOUNT OF $150,950 FOR BASIC SERVICES;
NOT TO EXCEED $27,400 IN ADDITIONAL SERVICES; AND NOT TO EXCEED $71,500 IN
REIMBURSEABLE EXPENSES, TOTALING $249,850 FOR PROFESSIONAL SERVICES).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed Agreement are fair and reasonable, and are
consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession; and such fees do not exceed the
maximum provided by law; NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 2. The City Manager is hereby authorized to enter into a Professional Service
Agreement with the firm of Birkhoff, Hendricks & Conway, L.L.P., of Dallas, Texas, to provide
professional construction plans and specifications and for basic design services related to the
proposed City of Denton Roselawn Elevated Storage Tank project, and related services, a copy of
which Agreement is attached hereto and incorporated by reference herein, as Exhibit "A."
SECTION 3. The City Manager is authorized to expend funds as required by the attached
Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~{t-day of 2007.
~Q,~c
PERK R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR VED S TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
i
By..~
3-ORD-
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the --L~~L day of
20~, by and between the City of Denton, Texas, a Texas
munidipal corporation, with its principal office 'at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafer called "Owner" and Birkhoff, Hendricks &
Conway, L.L.P., Consulting Engineers with its corporate office at 7502 Greenville Avenue,
Suite 220, Dallas, Texas 75231, hereinafter called "Design Professional," acting herein, by
and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
engineer, as an independent contractor. The Design Professional hereby agrees to perform
the services as described herein and in the Proposal, the General Conditions, and other
attaclunents to this Agreement that are referenced in Section 3, in connection with the
Project. The Project shall include, without limitation:
Preparation of construction plans and specifications for the proposed Roselawn Drive 2.5
million gallon Elevated Storage Tank. The elevated tank site is designated as Site Number
2 in the City of Denton's Roselawn Elevated Storage Tank Site Study Report, dated May
30, 2007. The elevated water storage tank is to be of composite design type with a high
water level of 826 msl (to be confirmed by the City of Denton).
Basic Design Services include design phase, bidding phase, and construction
administration phase services. Additional services include field surveys, boundary surveys,
preparation of property conveyance plats, a preliminary plat and final plat; geotechnical
evaluation and report; quality control and materials testing during construction; additional
site visit (if required) and printing of the plans and specifications.
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 $ 150,950.
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2.1.2 Progress payments for Basic Services shall be paid in the following percentages of the
total compensation for the Basic Services satisfactorily completed. Request for progress
payments shall be submitted monthly by the engineer to the owner and shall be based on the
total percent complete for each phase of work. The engineer shall prepare and submit a
monthly status report with each progress payment invoice. The city agrees to pay invoices
upon receipt.
Design and Construction Document Phase 70 % of the total compensation
Bidding Phase 5 % of the total compensation
Construction Phase 25 % of the total compensation
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services shall be based on actual salary cost times a
multiplier of 2.30. On that basis, the following fee schedule is established:
Aartner/Project Manager $ 165 per hour
Design Engineer $ 125 per hour
Engineer in Training: $ 95 per hour
Technical Staff $ 100 per hour
Clerical Staff $ 53 per hour
Additional Services are more specifically described in Exhibit B, Items 1,3,6 and 7 to
the Engineer's letter proposal and shall not exceed $27,400 without prior written
approval of the Owner.
2.2.2 Compensation for Additional Services of sub-consultants, including additional
structural, mechanical, electrical engineering, geotechnical engineering and quality control
and material testing services shall be based on a multiple of 1.10 times the amounts billed to
the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.10
times the expenses incun•ed by the Design Professional, the Design Professional's employees
and consultants in the interest of the Project as defined in the General Conditions but not to
exceed a total of $71,500 without the prior written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
aze attached hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or Engineering
Services.
The Design Professional's letter Proposal dated August 28, 2007 and Attached
Exhibit A -Engineering Services, Exhibit B-Payment Schedule, and Exhibit C,
Project Schedule.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY: ~---
GE RGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTER ,CITY SECRETARY
B v
APPR VEDA TO LEGAL FORM:
EDWIN SJVY~ 11'Y~T~NEY
BY: //~VA'I~ 1// l
~,
Birkhoff, Hen ick nway, L.
BY: 7 ~~
Gary C. H~(idricks,'I'.E., I.L.S.
Partner 6
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SF,RVICES
ARTICLE 1. ARCHITECT OR ENGINF,ER'S RF,SPONSIBILITIES
LI The Architect or Engineets services consist of those services for the Project (as de0ned in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinaHer called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 o(these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent wnttactor m the prevailing professional standards wnsistent with the level of care and skill ordinarily
exemised by members of the same profession currently practicing m the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously az is consistent with the Degree o(Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Processional shat l submit for the Owners approval a schedule for dte performance of the Services which ma}' be adjusted as the Project
proceeds, and shall include allowances (or periods of time required far the Owners review and for approval ofsubmissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reaonable cause, be exceeded by the Design Professional or Osmer, and any
adjustments W this schedule shall he mutually acceptable to both panics.
ARTICLE, 2 SCOPE OF BASIC SF,RVICES
2.1 BASIC SF,RVICES DF,FINEU The Design Professional's basic Services consist of those described in Soctions 2.2 through 2 6 of these General Conditions vrd include
widtout limitation normal struetuml, civil, mechanical and electrical engineering services and any odrer engineeringsarvices necessary m produce a complete and naurate set of
Conslucton Documents, as described by and required in Section 2 4. The Basic Services may be modified by the Agreement.
2.2 SCIIE11:1TIC D4:SIGN PHASE
2.2.1 The Design Professional, in consultation with the Ormcr, shall develop o written program for dte Project to aseenain Otmefs needs and to establish the
requirements for the Project.
2.2.2 The Uesign Professional shall provide a preliminary evaluation of the Otmers program, construction schedule and consWCtion budget requirements, each in
Corms ofthe other, subject to the limimtions set faNt in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Osmer al[emative approaches to design and construction ofthe Project.
2.2.4 Rased on the mutually agreed-upon program, schedule and construction budget requirements, the Design 1'ro(essional shall prepare, for approval by the Osmer,
Schematic Design Documenff wnsisling ofdmwings and other documents illus[mting Cho scale and relationship oC Project components. The Schematic Design shall
contemplate wmplianee with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate oC Construction Cos[ based on curent area, volume or other unit costs artd
which indicates the cos[ of wch category of work involved in consWCting the Project and establishes an elapsed time (actor Cor the period of time Crom the
commencement to the completion of wnswcfion.
2.3 DESIGN DF,VELOPMENT PIL~SF.
2.3.1 Bazed on the approved Schematic Design Documents and any adjustments authorized by the Osmer in the program, schedule or eonswetion budges the Uesign
Professional shall prepare (or approval by the Osmer, Design Development Documents consisting of drawings and other documents [o fix and describe the size and
character of the ProjeIX as m amhilecmral, struclum~ mechanical end electrical systems, materials and such other elements az may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents, Design Professional represents That the
Documents and specifications will be sufficient and adequate m fulfill the purposes oC the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments m the preliminary estimate of Construction Cost in a further Iktailed Statement as described
m Section 2 25.
2.4 CONSTRUCTION DOCUD1ENTS PHASE,
2.4.1 Based on the approved Design Devdopmen[ Documents and any further adjustments m the scope or quality oC the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Otmer, Construction Documen6 consisting o(Dmwings and Specifications setting
forth m detail requirements far the conswction of the Project, which shall comply with all applicable laws, stables, ordinances, codes and regulations.
2.4.2 The Deign Professional shall assist the Owner in the prepam[ion of the necessary bidding or procurement infornatioo, bidding or procurement fom>s, the
Conditions of the conuact, and the (ortn o(Agrcemen[ Mtwcen the Omer and contractor.
2.4.3 The Design Professional shall advise the Owner ofany adjustments to previous preliminary estimates ofConstruction Cost indicated by changes m requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval o(govemmental
audtorilies havingjurisdicfion over the PmjecL
2.5 CONSTUCTION CONTRACT' PROCUREMENT
2.5.1 The Design Professional, following the Owners approval o(lhe Construction Documents and of the latest preliminary' derailed estimate of Conswction Cost,
shall assist the Osmer m procurhrg a conswdion wntract for the Project through any procurement method that is legally applicable to the Project including without
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limiation, the wmpe[itive sealed bidding process. Although the Owner will consider the advice o(the Design Professional, the award of the wnstruction contract is in
the sole discretion of the Owner.
2.5.2 I(the construction contract amount for [he Project exceeds the total conSWCtion cast of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by [he Design Processional, then the Design Processional, a[ its sole cost and expense, will revise the ConsWC[ion
Documents as may be required by the Owner m reduce or modify Ore quantity or quality o(the work so that the mtal constmclion cost of the Project will not exceed
the total consWCtion cost set forth m the approved Detailed Statement of Probable ConsWClion Costs.
2.6 CONSTRUCTION PHASE- ADMINISTRATION OF TI{E CONSTRUCTION CONTRACf
2.6.1 The Design Professional's responsibility m provide Oasic Services (or the Construction Phase under this Agmement commences with the award of the Contract
(or Conswction and terminates at the issuance [o the Owner o(the fmal Certificate (or Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 Thc Design Professional shall provide detailed administration of the Contract for Construction az scl forth below. For design professionals the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract Cor Coruvudioq curent as o(Ore data of the Agreement az may be
amended by the Citv of Denton special conditions, unless otherwise provided in the Agreement. For engineers the adrninistration shall also be m accordance with the
Standard Specifications for Public Works Construction by the North Central Texaz Council ofGovemmenfs, current az of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations ofauthority o(the Design Professional shall no[ be reshicted, modified or exlendcA without w7inen
agreement of the Ownu and Design Professional.
2.fi.4 The Design Professional shall be a representative of and shat l advise and consult with the Owner (I) during eonsWCtioq and (2) at tho Otmets direction Crom
time to time during the wmeclion, or wartanty period doscribed N the Connact Cor Conswdion. The Design Professional shall have authority to au on behalCoC the
Osmer only W the extent provided in the Agreement and these Geneal Conditions, unless othenvisc modified by written insWment.
2.6.5 The Design Processional shall observe the construction site at least one time a week, while construction is in progress, and ns reasonably necessary while
rnnswc[ion is not in progress, m became familiar with the progress and quality of the work rompleted and to determine i(the work is being perforated in a manner
indicating that the work when wmpleled will be in accordance with the Contract Documents. Design Professional shall provide Ormera written report subsequem to
each on-sire visit. On dte basis oC on-site observations the Design Professional shall kcep the Omer informed of Ore progress and quality of the wrork, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or de(miencies in the work o(Contrador or y,y
subcontrncmrs. The Design Professional represents that he will follmv Degree ofCare in performing all Services under the Agreement The Design Professional shall
promptly wrect any defective designs or specificatiens Cumished by the Design PYOfessioml al no cast to the Owner The Osmets approval, acceptance, use of or
payment for roll or any part of the Uosign Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Ownefs rights hereunder.
2.6.6 The Design Professional shall not have control over or charge o(and shall not be responsible far consWClion means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the wad:. The Design Professional shall not br responsible for the Contactors schedules or
failure y cart}' out the wrork in accordance with the Contact Documents except insofar az such failure may result from Design I'm(essional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions oClhe Contractor, Subcontadoa, or their agents or employees, or oC any
other persons performing portions ofthe work.
2.6.7 The Design Professional shall a[ all times have awes tc the work wherever it is in preparation or progress.
2.6.R Except az may otherwise be provided in the Contract Uocuments or when direct commumirations have been specially aulhonu.Q the Owner and Contactor
shall communicate through the Design Professional. Communications by and with the Design Professional's consulanrs shall be Through Ow Design I'ro(essional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations o(the Conlmclofs Applications for Payment, the Design Rofessional
shall review and certify the amoun6 due the Contractor.
2.6.10 The Design Professional's certification Car payment shall constitute a representation y the Osmer, based on the Design Professional's observations at the site as
provided N Subsection 2.6.5 and on the data comprising the Contractots Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in acwrdance with the Contract Documents. The foregoing representations are subject to minor deviations Gom the Conuac[ Documents cor-
rectable prior to wmpletion and to specify qualificaliore expressed by the Design Professional The isuance of a Certificate (or Pa}'menl shall further wns[imte a
representation that Ore Contractor is entitled fn payment N the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed consWtYlon means, methods, twhniques, sequences or procedures, or (2) ascertained how or Cor what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority m reject work which does not wn(ortn m the Contract Documents. Whenever the Uesign
Processional waziders i[ necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. I Iowever, neither This authority of the Design Professional nor a decision made m good faith either ro exercise or not exercise such authority shall give rose
y a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
pcrfortning portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate awion upon Contractofs submittals such as Shop Uawings, Product Data and
Samples Cor the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the world when
wmpleted, will be m compliance with the requirements of the Contract Documents. The Design Professional shall ac[ sviOr such reasonable promptness m cause no
delay m the work or in the construction of the Owner or o(separa[e contractors, while allowing suFlicien[ time in the Design Professional's pro Cessional judgment m
permit adequate review. Review of such submittals is not conducted for the purpose o(derermining the accuacy and wmpleyness ofother details such as dhnensimns
and quantities or for substantiating iazWCtions for installation or performance of equipment or systems designed by the Contactor, all of which remain the
responsibility of the Conoacmr to the extent required by [he Contract Documen6. The Design Professional's review shall not constitute approval of sa@ty prerau[ions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specify item shall not indicate approval ofan assembly ofwhich the item is a component. When professional certification of performance characteristics
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of materials, systems or equipment is rcquved by the Contract Documents, the Design Professional shall be entitled to rely upon such certlfication to establish that the
materials, rystems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Constmedon Change Directives, with supposing documentation and datz i(deemed necessary by
the Design Professional az provided in Subsections 3.1.1 and 3.3 3, for the Owners approval and execution in accordance with the Contract Documenq and may
authorize minor changes N the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are no[ inconsistent wish the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspadons to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue CertiRcates of Substantial and Final Completion. The Design Professional will receive and review wstten guarantees and related
documents required by the Contract for Constructien to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.]5 The Design Processional shall interpret and provide recommendations on matters conceming performance ofthe Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contracmr. The Design Professional's response m such roquests shall be made with reasonable
promptness and within any lime limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing nr in the form of drawings. When making such interyrelations and initial decisionu, the Design Professional shall endeavor to saute faithful perfortnanee
by both Owner and Contractor, and shall not be liable (or results or interyretations or decisions sir rendered in good faith in aaordance with all the provisions o(this
Agramenl and in the absence ofnegligence-
2.6.17 The Design Professional shall render written decisions within a reasomble time on all dnims, disputes or other matters in question between the Owner and
Conlmemr relating to the execution or progress o(the work as provided in the Contract Documents.
2.6.1R The Design I'ro(essional (I) shall render services under the Agreement in acwrdanco with the Degree of Care; (2) will reimburse the Owner Cor all damages
caused by the defative designs the Design Professional prepares; and (3) by ad:nmvledging payment by tho Owner o(any Cees due, shall not be released Crom any
rights the Owner may have under the Agreement or diminish any o(Ihe Design Professional's obligations thereunder.
2.6.19 The Design Professional shell provide the Owner with Cour sets oReproducible prints showing all significant changes to the Construction Documents during
dte Conswctian Phase.
ARTICLE3 ADDI'f1ONAL SERVICES
3.1 GBNERAL
3.L1 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 Cor by the
Orme as provided in the Agreement, in addition m the compensation for Basic Services- The services described under Sections 32 and 3,4 shall only be provided if
authorized or confirmed in writing by the Owner IC Services described under Contingent Additional Services in Sation 3 3 are required due m cireumstances beyond
the Design Professional's control, the Design Professional shall notify [he Owner m writing and shall not commence such additional services until i[ receives written
approval from [he Owner to proceed. If the Owner indicates in writing That all or part o(such Contingent Additional Services are not required, the Design Pro@ssional
shall have no obligation to provide those services. Orme will be responsible (or compensating the Design Pro@ssional (or Contingent Additional Services onl}' if
they are not required due to the negligence or faul[o(Design Professional.
3.2 1'IiOJF.CI' REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation a[ the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives massist in carrying out such additional on-site responsibilities.
3.2.2 Project Repesenatives shall be selected, employed and directed by [he Design Professionah end [he Design Processional shall be wmpcnsated therefor as
agreed by [hc Owner and Design Professional.
3.3 CONTINGEM1f ADDITIONAL SERVICES
33.1 Making material revisions in Umwings, Specifications or other documents when such revisions arc:
1. inconsistent with approvals or inswctions previously given by the DNTCr, including revisions made naessary by adjustments in the Owners
program or Project budge[;
2. required by the enactment or revision o(wdes, laws or regulations subsequent to the preparation of such documents, or
3. due m changes required az a result of the Owners failure to render decision m a timely manner.
3.3.2 Providing services required because o(significan[ changes m the Project including, but not limited to, size, quality, wmplexity, or the Owners schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connation with Change Orders and
Construction Change Directives.
3.3.4 Pmviding consultation conceming replacement of work, damaged by fire or other cause during constmctioq and famishing services required in connation with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by majmr defects or deficiencies in the work of the Conuacmr, or by failure ofperformance
o(cither the Owner or Contracmr under the Contmd Cor Construction.
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3.3.6 Roviding services m evaluating an extensive number of claims submitted by the Contracmr or others m connection with the work.
3.3.7 Providing services in connexion with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto
3.3.8 Providing services in addition m those required by Article 2 for preparing documents far alternate, separate or sequential bids or providing services in conne<hon
with bidding or construxion prior m the completion of the ConsWCtion Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions m the wntrary, all services described in this Article 3 that art
caused or nceessimted in whole or in pan due m the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part o(the
Bazic Services wder the Agrcement with no additional wmpensation 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 Design Professional's obligations under this Subsection 3.3.9.
J.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special smdies.
3.4.2 Providing planning surveys, site evaluations or wmpam[ive studies ofprospec[ive sites.
3.43 Providing special surveys, environmental smdies and submissions required for approvals of govemmenral authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to (inure facilities, systems and equipment
3.4.5 Providing services w investigate existing conditions or facilities or to make measured drewings Thereof
3.4.6 Pmviding services to verify the accuracy ofdmwings mr other information fiimished by the Owner
3.4.7 Providing coordination ofcmnswction performed by separate umtmctors or by the Ormefs awn tomes and coordnation of services required in wnnection with
conslmetion performed and equipment supplied by the Osmer.
3.4.8 Providing derailed quantity surveys or inventories oC material, equipment and labor-
3.4.9 Pmviding analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipmenS or valuations and detailed appraisals of existing facilities.
3.4.12 Pmviding assistance in the utili~etion of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel far operation and maintenance and consultation during opewtion.
3.4.13 Providing interior design and simil¢r services required Cor or in connection with the saleclion, procurement or installation of Cumiture, furnishings and elated
equipment.
3.4.14 Providing services other thou as provided in Section 2.6.4, after issu¢nce to the Owner o(Ihe tlnal Certificate far Payment and expiration of the Wananty
period of the Conva<t (or Constmction.
3.4.15 Providing services ofconsullan6 for other than architecmml, civil, swxuml, mechanical and elcetrical engineering portions of the Project provided az a part of
basic Services.
3A.16 Providing any other services not otherwise included in this Agreement or not cusmmarily famished in accordance with generally accepted archilecN21
practice.
3.4.17 Preparing a set of reproducible record drawings in addition m those required by Subsection 2 6.19, showing significant changes in the work made during con-
strucdon based onmarked-up prints, drawings and other data famished by the Contracmr to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions m the contrary, all services described in this Article 3 that arc
caused or necessitated N whole or in pan due to the negligent azt or omission of the Design Professional shall be performed by the Design Professional as a pan o(Ote
Basic Services order [he Agreement with no additional compensation above and beyond the compensation due the Design Ro(essional for the Basic Services. The
intervening or concurtent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3 4.18.
ARTICLE 4 ONNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements (or the Project, including (1) the Owner's objectives, (2) schedule and design
wnstraints and criteria, including space requirements and relationships, Flexibility, expendability, special equipment, systems and site requirements, as more speci-
ficallydescribed in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the RojecS including the Construction Cost, the Owner's other vests and reasonable contingencies
related m all ofthese costs.
4.J Ifrequcsted by The Design Professional, the Owner shall famish evidence [hat financial artangements have been made m fulfill the Owners obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized m act on the Owners behalf with respell m the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining m documents submitted by the Design Professional in oMer m avoid tuveasonable delay trt the orderly and sequential
progress ofthe Design 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 ProjecS and a written
legal description of the site. The surveys and legal information shall include, az applicable, grades and lines o(streea, alleys, pavements and adjoining property and
struenaes; adjacent drainage; righLS-of-way, restrictions, easements, encroachments, caning, deed restriuions, houndnries and contours of the site; locations,
dimensions and necessary dares pertaining to existing buildings, other improvements and frets; and information conceming 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 m a projeU benchmark.
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 m test borings, test pits, detemtinatiens ofsoil bearing values, pemnlation tests, evaluations ofhazardous materials, ground corzosion and re-
sistivirytests, including necessary operations for anticipating sub-soil conditions, wish reports and appropriate professional recommendations.
4.6.1 The Owner shat l famish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained b}'the Design Professional as part of its [sasic Services or Additional Services.
4.7 When not a pan of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall famish all Icgal, aaounting and insurance counseling services az may be necessary at my time far the ProjecS including auditing services the
Owner ma}' require to verify the Contractors Applications for Payment or m ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Otwter.
4.9 'Che services, in(ormatioq 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 m rely upon The accurncy and completeness thereof in [he absence ofany negligence on The part ofthe Design Professional.
4.10 The Owner shall give prompt tvrittnn notice m the Design Professional if Ste Otmer becomes award of any fault or defect in The Project or nonconformance with
The Conuact Documents.
4.11 Design Professional sh¢II propose Innguage far certificates or certifications m be requested of the Design Pmfessional or Design Professional's consultants and
shall submit such to the Owner for recites and approval at least fourteen (14) days prior to execuUOn. The Owner agrees norm requwtcertifications that would require
knowledge or services beyond the scope of [he Agreement.
ARTICLE 5 CONSTRUCf1ON COST'
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Constmaion Cost shall be the total cast or estimated cast to the Owner of all elements of the &ojact designed or specified by the Design Professional
5.1.2 The Construction Cost sh¢II include the cast a[ curzenl market rates of labor and materials famished by the Osmer and equipment designed, specified seleUCd or
specially provided for by the Design Professional, plus a reasonable allowance far the Contractor's overhead and profit In addition, a reasonable allowance Cur con-
tingencies shall be included for market conditions at the time of bidding and far changes in the work during conswclion.
S.1.3 Constmc[ion Cost does no[ include the compensation o(the Design Professional and Design Professional's consultants, [he costs o(Ihc land, rights-nf--way,
Onancing or other costs which are the responsibility of dte Owner az provided m Article 4.
5.2 RESPONSIBILI'CY FOR CONSTRUCTION COS'C
5.2.1 Evaluatiore of the Otmers Project budget, preliminary estimates of ConstruUion Cast and detailed estmates of Constmction Cost prepared by the Design
Professional represent the Design Professional's bestjudgmenl as a design professional familiar with the construction industry. his remgniad, however, that neither
the Design Pro@ssional nor the Owner has control over the cos[ of labor, materials or equipment, over the Contractors methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, The Design Professional cannot and does no[ warrant or represent That bids or cast proposals will not vary
from the Owners Project budget or from any estimate of Constcion Cos[ or evaluation prepared or agreed to by the Design Professional.
52.2 No fated limit of Conswction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless
such Caed limit haz been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
m include wn[ingencies (or design, bidding and pries esca7atioq m determine what materials, equipment, wmponent systems and types oC construction are w be
included in the Contract Documents, m make reasonable adjustments in the scope of the Project and m include in the Contract Documents alternate bids to adjust the
Conswcion Cosi m the Cixed limit. Fixed limits, if any, shall be increased in the amount o(an ineroaze in the Contract Sum occurring at3et execution of the Contrail
far Construction.
5.2.3 If The Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents b the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes m the general level o(prices in The construction industry between the date of submission
of the Constmction Documents m the Owner and the date on which proposals are sough[.
ARTICLE 6 O\VNERSIM ANU USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for This Project arc instruments of The Design Professional's service and shall
become The property of the Owner upon temtination or wmpletion of the Agreement. The Design Professional is entitled m retain espies of all such documents. Such
dowments are intended only be applicable m dtis Project, and Owner's use o(such documents in other projects shall be al Owner's sole risk and expense. In the event the
Owner uses any o(the information or materials developed pursuant to The Agreement m another projeU or (or other purposes than arc specified in the Agrcement, the Design
Professional is released from any and all liability relating m Iheh use in that project
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6.2 Submission or distribution ofdocuments m mcet official regulatory requirements or for similar purposes in connection with [he Project is not to be wnstrued az publication
N derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMRVATION, SUSPENSION OR ABANDONM1iF.NT
7.l The Design Professional may terminate the Agreement upon no[ less than Thirty days written notice should the Owner Cail substantially to perform in accordance wish the
terms of the Agreement through no fault o(the Design Professional. Owner may terminate the Agreement or any phase (hereof with or without cause upon thirty (30) days
prior wri[Ien notice [e 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 Processional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such noliw. No
amount shall be due far lost or anticipated profits. All plans, field surveys, and other data related m the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered m the Owner in a reasonably organized form. Should Owner subsequently contract with a new llesign Professional (or continmtion
afservices on the Project, Design Professional shall cooperate in providing infomtation.
7.2 1(the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactoril}' performed prior m
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equimbly adjusted m provide for expenses incured in the interruption
and resumption ofthe Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less Than seven days wri[arn nodce W Ne Design Professional in the event that the Project is pertnanwtdy
abandoned. If the Project is abandoned b}'the Owner for mare Than 90 consecutive days, the Design Professional or the Owner may terminate Ure Agreement by giving wntlen
notice.
7.4 Failure of the Owner m make payments to the Design Professional for work satisfacmrily completed in accordance with the Agreement shall be considered substantial non-
ped'ortnanceand rouse for termination.
7.5 If the Otmer fails to make payment m Design Professional within Thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice m dte Owner, suspend performance of services under the Agreement
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated Cor services properly and satisfactorily performed poor m
lernination.
ARTICLE 8 1'A}'AIEN'I'S'fOTfiE DESIGN PROFESSIONAL
A.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined az the duecl salaries of the Design Professional's personnel engaged on the Project and the portion of the wsl oC their
mandamry and customary contributions and benefits reAated therao, such az employment taxes acrd other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar con[rbutions and benefits. -
8.2 RF111TBURSABLF. EXPENSES
8.2.1 Reimbursable Expenses are in addition m compensation (or Basic and Additional Services and include experees incured by the Design Professional and
Ucsign Professional's employees and consultants in the inlercs[ ofthe Project, az identified in the Collowing Clauses.
8.2.L1 Expense of transportation in wnnection with the Project; expenses in connection with authorized outoRown travel; long-distance communications;
and Cees paid Car secuong approval of authorities havingjurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referonced in SubseGion 2.6.19), postage and handling of Drawings,
Specificatrons and oche documents.
8.2.1.3 If authorized in advance by tho Owner, expense of overtime work requiring higher than regular rotes.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and dmRing equipmenltime when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAl'DIENTS ON ACCOMT OF 6ASIC SERVICES
R.3.I Payments for basic Services shall be made monthly and, where applicable, shall be in proportion [r services performed within each phase of service, on the
bazis set forth in Section 2 of the Agreement and the schedule of work.
S.J.2 ICand to the extent that the time initially established N the Agreement is exceeded or extended through no fault of the Design Professional, compensation (or any
services rendered duong the additional period of lime shall be computed in the manner se[ forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cos[ and any portions of the Project arc deleted or otherwise no[ consWCted, compensation for
those portions of the Project shall be payable ro the extent services are perforned on those portions, in accordance with the schedule set Corth in Section 2 0(Ihe
Agreement based on (I) the lowest bona Bde bid or (2) if no such bid or proposal is received, the most recent preliminary estimate oC Construction Cost or detailed
estimate afConstruc[ion Cost for such portions of the Project.
RA PA}T/ENl'S ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on acwun[ of the Design Professional's Additional Services and far Reimbursable Expenses shall be made monthl}' within 30 days alter the
preservation to the Owner of the Design Professional's statement of services rendemd or expenses inaured.
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g.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
Gom payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RF,CORDS Design Professional shall make available to Owner or Owners authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services ped'onned on the basis of a multiple o(Direc[ Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate o(Paymen[, or until any litigation related W the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but no[ limited to wort costs and reaonable attorney fees incurzed by the Owner, and including, without
limitalioq 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 performance of the Agreement.
9.2 Nothing herein shall be conswed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of [he parties' defenses,
both at law or equity, to any elnim, cause oC adioq or litigation filed by anyone not a party to the Agrwment, including the defense of govemmentnl immunity, which
defenses are hereby expressly reserved-
ARTICLE 10 INSURANCE During the performance of the Services under [he Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in lho State of Texas by the State Insurance Commission or any successor agency that has a rating with Rest
Rare Carriers o(a[ least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $I 000,000 (or each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of no[ less than $100,000 for each occurence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 Cor each accident, and with property
damage limits o(not less than $100,000 for tech accident.
10.3 Worker's Compensation Insumuce in accordance with statutory requirements, and Bmployers' Liability Insumnce with limits of not less Otan $100,000 for each
accident including occupational disease.
111.4 Professional Liability Insurance with limits of not less than $1,000 000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insumnw policies [o the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement The General Liability and Automobile Liability insumnce policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall wnlain a tmiver of subrogation in favor of the Owner, and each policy shall wntain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Otmer and Design Professional. In such even[, Ute Design 1'ro(essional shall, prior to the effective date o(the
change or cancellalioq famish Owner with substitute certificates ofinsumnce meeting the requirements oRhis Article 10.
ARTICLE 11 hI1SCF,LLANEOUS PROVISIONS
11.1 The Agreement shall he governed by the laws oC the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, (heir partners, successors, assigns and legal represwtalives m the other party m Otis Agreement and to
the partners, successors, assigns and legal representatives oC such other party with respect m all wvenants oC Otis Agreement The Design Professional shall not assign its
interests in the Agreement wiOtoul the written consent oC the Otmer.
11.3 The term Agreement az used herein includes the executed Agreement, the Proposal, those General Conditions and other attachments referenced in Section 3 of Ote
Agreement which together represent the entire and integrated agreement beMeen the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oml. The Agreement may he amended only by written instrument signed by both Owner and Design Professional. When interpreting Ote
Agreement the executed Agreement, Proposal, these Geneml Conditions and the other attachmen6 referenced in Section 3 0(Ihe Agreement shall to the extent that is
reasonably possible be read so az m harmonize the provisions. However, should the provisions o(these documents tae in con0icl so that they can no[ be reasonably harmonized,
such documents shall be given priority N the following order:
L The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
IL4 Nothing wntained in the Agreement shall create a contractual relationship with or a cause of action in favor o(a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, Ote Design Professional shall have the right to include representations o(the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials- The Design Professional's materials shall no[ include the Owners
confidential or proprietary information iCthe Owner has previously advised the Design Professional in writing o(the specific information wnsidered by the Otmer to be wnfo-
denlial or proprietary. The Otmer shat I provide professional credit (or the Design Professional on the wnswetion sign and in the promotional materials (or the Project.
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11.6 Approval by the Owner shall not constitute, nor be deemed a release ofihe responsibility and liability of [he 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 [he Owner for any defect in the design or other work prepared by the Design Frofessional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court o(compelen[jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such even4 the ponies shall reform the Agreement to replace such
suicken provision with a valid and enforceable provision which comes as close as possible ro expressing the intention of [he sMeken provision. '
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing [he Services required hereunder, the Design Pro@ssional shall not discriminate against any person on the basis of race, color, religioq sex,
national origin or ancestry, age, or physical handicap.
11.1 I The captions of the Agreement are for informational purposes only, and shall not in any way affect [he substantive terms or wnditions of the Agreement.
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BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
7502 Greenville Ave., #220 Dallas, Texas 75231 Fax (214) 36I -0204
JOHN W. 91RKHOFF, P.E.
RONALD V. CONWAY, P.E.
GARY C. kiENDRICKS, P.E.
JOE R. CARTER, P.E.
PAUL A. CARLINE, P.G.
MATT HICKEY, P.E..
Mr. Frank Payne, P.E.
City Engineer, City of Denton
901 B Texas Street
Denton, Texas 76201
Re: Roselawn Drive 2.5 Million Gallon Elevated Storage Tank
Engineering Services Proposal (Revised 08/28/07)
Dear Mr. Yayne:
August 28, 2007
Phone (214)361-7900
As we discussed with you and Mr. Tim Fisher, we are pleased to submit this revised engineering scope and
fee proposal for the Roselawn Drive 2.5 Million Gallon Elevated Storage Tank project. This scope and fee
proposal replaces the proposal we submitted on May 30, 2007. We understand the project is to be located at
a site to be selected by the City of Denton in the vicinity of Roselawn Drive. Our site selection study for
this project dated May 30, 2007, suggested Site Number 2 as the preferable site; however, a final site is has
not yet been determined. We are attaching a project location map indicating our understanding of the
project site.
In general, our scope of Basic Services includes preparation of construction plans, specifications and
contract documents, bidding phase services, construction administration phase services. In addition, we
propose to provide Additional Services including field surveys, boundary surveys, preparation of
conveyance plat and field notes, preparation of a preliminary and final plat of the site, printing of plans and
specifications, and additional site visits and additional public meetings, if necessary. We also propose to
provide geotechnical evaluation and recommendations; and quality control and material testing services
during construction through our sub-consultant, Kleinfelder. Our scope of Basic and Additional Services is
mare specifically described in Exhibit "A" -Engineering Services, attached hereto and made a part of this
proposal.
Based on our Site Evaluation report, our opinion of probable construction cost for the 2.5 million gallon
elevated storage tank is in the range of $3,594,000. Phis cost does not include property acquisition,
engineering nor quality control and material testing. We are enclosing an itemized opinion of cost for your
review.
We propose to be compensated for our work in accordance with Exhibit `B" -Payment Schedule, attached
hereto and made a part of this proposal. Our fee for basic services is $150,950 lump sum. Additional
Services as outlined are not to exceed $98,900 without written authorization by the City and shall be
compensated based on actual salary cost times a multiplier of 2.30, with expenses billed at actual invoice
amount times 1.10.
The project schedule is shown in Exhibit "C' -Project Schedule, attached hereto and made a part of this
proposal.
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank- Engineering Services Proposal
August 28, 2007
Page 2 of 10
If this proposal is acceptable, please attach this letter, Exhibits A through C; the enclosed City of Denton's
Professional Services Agreement for this project and the City of Denton's General Conditions to the
Agreement for Architectural or Engineering Services together and return one fully executed set to our office.
We look forward to working with you and the City of Denton on this important project and are standing by
to begin work upon your written authorization to proceed.
Sincerely,
C. H~ndrir~, 1' E~,~2.P.L.S.
Enclosures
Exhibit A -Scope of Engineering Services
Exhibit B -Payment Schedule
Exhibit C -Project Schedule
Engineer's Opinion of Probable Construction Cost
City of Denton Professional Services Agreement - Roselawn Dr. 2.5 Million Gallon Elevated Tank
City of Denton General Conditions to Agreement for Architectural or Engineering Services
I \]015 comdev~drnwn\ZOm rosdawn 2 5 mg dcv tadc\proposal Inmr v&28-0].doc
a, _%u ~ znc per,' ;? ie EXHIBIT3
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank- Engineering Services Proposal
August 28, 2007
Page 3 of 10
EXHIBIT "A"
ENGINEERING SERVICES
CITY OF DENTON, TEXAS
2.5 MILLION GALLON ROSELAWN COMPOSITE F,LEVATED STORAGE TANK
PART I: -Design Phase Services
1. Prepare plans and specification for construction of a 2.5 Million Gallon Composite Elevated
Storage Tank on Site 2 as identified in the Roselawn Elevated Storage Tank Site Evaluation
Report. The plans and specifications will be based on the following standards:
a. American Water Works Association (AWWA)
b. American Nation Standards Institute (ANSI)
c. American Society of Testing Materials (ASTM)
d. National Sanitation Foundation (NSF)
e. American Concrete Institute (ACI)
2. Tank Accessories to include the following:
Pipe Connections
Over Flow & Drain Piping
Mixing System
Connection to Existing SCADA
Tank Ladders
Roof Hatches
Vent
Cathodic Protection
Valve & Electric Valve Operators
Wet Riser
Access and Truck Doors
Antenna Bracket
Second Floor Storage
Obstruction Light
Interior Light System
Exterior Light System
Electrical System
Wireless Ready Amenities
3. Provisions for connecting to the City's existing monitoring and control system.
4. Provisions for site landscape screening along proposed fence lines and grass on site.
5. Provisions for on-site irrigation system, if requested by the City.
6. Provisions for on-site concrete driveway to access tank truck door.
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Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank -Engineering Services Proposal
August 28, 2007
Page 4 of 10
7. Specifications for blasting and coating will be prepared that will be in conformance with the
Texas Commission on Environmental Quality Regulations.
8. Provisions for connecting site drainage to storm sewer system.
9. Preparation of FAA Notice of Proposed Construction form for City execution.
10. Confirmation of the EST high water level (I-IWL) and prepare a confirmation memorandum.
11. Data Collection -Obtain pertinent utility plans, street plans, plats, right-of-way maps, existing
easement information, contour maps, and other features within and pertaining to the project area
from the City of Denton. The Engineer will also coordinate with franchise utilities in the area
and obtain record information where available. Existing project conditions shall also be
documented using digital photography and/or video.
12. Work with affected utilities to obtain information for horizontal and vertical data for their
facilities.. Identify which utilities must be protected or relocated.
13. Coordinate with other governmental agencies, adjacent developments, and individual property
owners as necessary.
14. Prepare estimated construction quantities and formulate an opinion of probable construction
cost for the project. Present any potential alternatives, which may provide cost savings to the
City of Denton.
15. Submit three (3) sets of half-scale (11" x 1 T' sheets) preliminary plans and opinions of probable
construction cost to the City of Denton for review. Provide one set of plans to each utility
company.
16. Meet with franchise utilities, if required, to communicate project details and obtain information
regarding impacts to their facilities based on these plans. Attend utility coordination meetings
related to the project.
17. Meet with the City of Denton staff to discuss preliminary plans and outline of Technical
Specifications.
18. Once the Ciry has accepted the preliminary elevated storage tank layout, the elevated storage
tank layout will remain intact for the final design phase.
19. Revise preliminary plans incorporating comments from the City of Denton, franchise utilities
and other required governmental agencies. Final engineering plan sheets shall meet the City of
Denton standard criteria.
20. Finalize elevated storage tank construction plans, specifications and bidding documents.
21. Prepare Erosion Control Plan for project, including post-construction erosion control plans.
22. Incorporate standard details into the plans and prepare additional details as required.
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Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank -Engineering Services Proposal
August 28, 2007
Page 5 of 10
23. Prepare opinion of probable construction cost based on final plans
24. Prepare final bid documents including bidding requirements, proposal, bid schedule special
conditions, technical specifications and construction plans.
25. Submit three (3) sets of half-scale (1P' x 17" sheets) engineering plans and bidding documents
and specifications and final engineers opinion of probable construction cost to the City of
Denton for review.
26. Submit Plans to the TCEQ for review.
PART II: Bidding Phase Services
1. Assist in advertising for bids for the Elevated Storage Tank
2. Sell plans and specifications to prospective bidders and suppliers.
3. Document and log plan holders.
4. Issue routine addendum, as required.
5. Assist City in opening bids received.
6. Tabulate bids.
7. Check references of low bidder(s) and make recommendation to City for award of construction
contract.
8. Attend City Council (or Public Utility Board) meeting for construction contract award
9. Prepare contracts for signature by successful bidder and City.
10. Prepare notice to proceed to contractor.
PART III: Construction Administration Phase Services
1. Attend Elevated Storage Tank pre-construction conference.
2. Consult with City regarding Engineering matters associated with this project.
3. Make one site visit per month during construction for a total of 12 site visits.
4. Prepare and issue routine field changes.
5. Prepare and issue routine change orders, as they pertain to the original scope of services.
1: V015 comdMdrnton\200"I rosdawn 2 5 mg dcv tank\proposal Icucr v8-28-OV.doc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank -Engineering Services Proposal
August 28, 2007
Page 6 of 10
6. Review of shop drawings, test reports and other data:
This review is for the benefit of the Owner and covers only general conformance with
information given by the Contract Documents. The Contractor is to review and stamp their
approval on submittals prior to submitting to the Engineer. Review by the Engineer does not
relieve the Contractor of any responsibilities, safety measures or the necessity to construct a
complete and workable facility in accordance with the Contract Documents.
7. Preparation of monthly and ftnal pay requests.
8. Attend final inspection conducted by the Ciry.
9. Complete record drawings from information provided by Ciry inspector and contractor.
10. Provide record drawings to the City in digital PDF format based on the following:
a. Birkhoff, Hendricks & Conway, L.L.P. (BIIC, LLP) makes no warranty as to the
compatibility of these files beyond the specified release of the above stated software.
b. Because data stored on electronic media can deteriorate undetected or be modified, City
agrees that BHC, LLP will not be held liable for completeness or correctness of electronic
media after an acceptance period of sixty (60) days after delivery of electronic files.
a It is understood that the electronic files are instruments of service. Where there is a conflict
between the hard copy drawings and the electronic files, the BHC, LLP hard copy files will
govern in all cases.
d. Both parties acknowledge mutual non-exclusive ownership of the electronic files and each
party may use, alter, modify or delete the files without consequence to the other party.
Part IV: -Additional Services
] . Design and Construction Surveys.
2. Geotechnical Engineering Investigation and Report (Sub-contracted to Kleinfelder Inc.).
a. Drill 4 deep borings, with coring of rock where appropriate, at the EST site.
b. Complete laboratory testing of retrieved materials.
I: Vol s comdcJdenton@001 rosdawn zs mg dev wac\proposal Inter v9-zs-0l.doc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank-Engineering Services Proposal
August 28, 2007
Page 7 of 10
c. Prepare an engineering report with recommendations for a foundation system and
earthwork.
3. Conduct a boundary survey and prepare a plat and field note description for inclusion in a
conveyance document for property acquisition by the City. As required by Ordinance for the City of
Denton platting process, prepare a preliminary and final plat of the property for presentation to City
of Denton Planning Zoning Commission and approval by City Council.
4. Attend four public meetings, if required, to communicate project details to the Public Utility Board,
citizens, City Council, or other interested parties. City oC Denton shall provide meeting location and
notices.
5. Printing of final plans and specifications for City staff and distribution to City of Denton Electric
Distribution, ATMOS Gas, TCEQ, the City's Materials Testing Laboratory, publishers and the
successful contractor.
6. Elevated Storage Tank Quality Contro] and Material Testing (performed by Kleinfelder)
a. Daily testing and inspection of steel erection and welds, including radiographic inspection.
An independent testing and inspection firm (Kleinfelder, Inc.) contracted by the Engineer
will perform the testing and inspection of steel erection and welding.
b. Daily inspection and testing of painting operation including blasting, mil thickness and
holiday testing. An independent testing and inspection firm (Kleinfelder, Inc.) contracted
by the Engineer will perform the testing and inspection of the painting operation.
c. Quality control and materials testing including optimum moisture/density, Atterburg limits,
field density test, pier inspection, concrete testing and concrete mix design review. An
independent testing and inspection firm (Kleinfelder, Inc.) contracted by the Engineer shall
perform the quality control and materials testing.
7. Additional Site Visits beyond the 12 monthly and final inspection as provided in the Basic Services
scope in Part V above.
PART V: EXCLUSIONS
Services specifically excluded from this scope are:
1. Fees for permits or advertising.
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Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank -Engineering Services Proposal
August 28, 2007
Page 8 of 10
2. Certification that the construction work is in conformance with the plans and
specifications.
3. Environmental clean-up.
4. Trench Safety designs.
5. Phasing of contractors work.
6. On-site safety precautions, programs and responsibility.
7. Revisions and/or change orders to design services as a result of revisions after
completion of the original design (unless to correct error on plans).
L V015 comdcvVcmm~000] roscUwn 2.5 mg dev unk\proposal IcuR v8dB-OZdoc
Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank -Engineering Services Proposal
August 28, 2007
Page 9 of 10
EXHIBIT "B"
PAYMENT SCHEDULE
CITY OF DENTON, TEXAS
2.5 MILLION GALLON ROSELAWN COMPOSITE ELEVATED STORAGE TANK
Payment for engineering services described under Parts I, II, and III, and IV shall be on a Lump Sum Basis as follows:
Basic Services (Lump Sum)
• Part I: Design Phase .............................................................................................................. $105,650
• Part II: Bidding Phase ................................................................................................................ $7,550
• Part QI: Construction Administration Phase ...................................__.............._................. $37,750
Subtotal Parts I-711 (Lump Sum):
$150,950
Part IV: Additional Services
For the Additional Services described in Parl IV, we propose to be compensated on a salary cost basis times a multiplier
of 2.30, with expenses at actual invoice cost times 1.10. Automobile mileage for special services will be invoiced at
$0.50 per mile.
We suggest you budget approximately $98,900 in the following amounts for our services on [his project:
1. Design and Construction Surveys ...................................................................... .............................................. $7,100
2. Geotechnical Engineering and Report ................................................................ ............................................. $10,000
3. Elevated Storage Tank Boundary Survey,
Conveyance Pla[, Preliminary Pla[ and Final Plat :.............................................. ............................................. $14,060
4. Reproduction Expenses .................................................................................... ............................................. $1,500
5. Constmction Materials Testing & Inspection .................................................... ............................................. $60,000
6. Additional Site Visit .......................................................................................... .............................................. $2,400
7. Additional Public Meetings ................................................................................. ............................................... $3 840
Subtotal:
Parts I through IV Not to Exceed:
$98,900
Payments are [o be made on a monthly based on the percent complete of the design or construction phase for the Basic
Services, and based on the actual hourly expenditures for the Special Services.
The maximum overall fee established herein shall not be exceeded without written authorization from the City, based on
increased scope of services.
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Mr. Frank Payne, P.E.
City Engineer, City of Denton
Roselawn Elevated Storage Tank -Engineering Services Proposal
August 28, 2007
Page 10 of 10
EXHIBIT "C"
COMPLETION SCHEDULE
CITY OF DENTON, TEXAS
2.5 MILLION GALLON ROSELAWN COMPOSITE ELEVATF,D STORAGE TANK
Boundary Surveys and Preparation of
Property Conveyance Documents ....................................... 2 months after Notice to Proceed.
Preliminary Site Plan ........................................................... 2 months after Notice to Proceed
Preliminary and Final Plat ................................................... 6 months after Notice to Proceed
Preliminary Plans and Specifications ............................. .... 4 months after Nolice to Proceed
Preliminary Plan Review by Denton ............................... ... 1 month
Final Plans and Specifications ........................................ ... 1 month after receipt of City
Review Comments
Advertising and Bidding Phase ......................................... ... 2 months
Contract Award & Execution of Contract Documents...... ... 1 month
Construction Phase ............................................................. 15 months
Assuming an November 1, 2007 Notice to Proceed, the project major milestones are as follows:
Project Milestone Completion Date
Boundary Surveys and Preparation of
Property Conveyance Documents .................................... ..... January 1, 2008
Preliminary Site Plan ...................................................... ..... January 1, 2008
Preliminary and Final Plat .............................................. ..... May 1, 2008
Preliminary Plans and Specifications ............................. .... March 1, 2008
Preliminary Plan Review by Denton .............................. .... April 1, 2008
Final Plans and Specifications ........................................ .... May 1, 2008
Advertising and Bidding Phase ........................................ .... July 1, 2008
Contract Award & Execution of Contract Documents..... .... August 1, 2008
Construction Phase ............................................................. November 1, 2009
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