2005-313
ORDINANCE NO. 2005- .:3/ q
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 CHANNEL IMPROVEMENTS TO AN UNNAMED TRIBUTARY OF PECAN
CREEK AT MORSE STREET, ALSO KNOWN AS THE MORSE STREET DRAINAGE
CHANNEL IMPROVEMENTS 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 firm
of Teague Nail and Perkins (TN&P), of Denton, Texas, to provide professional engineering
services related to the Morse Street Drainage Improvements Project; and
WHEREAS, the City staff has reported to the City Council that there is a substantial
need for the above-referenced professional engineering services, and that limited City staff
cannot adequately perform the specialized services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and
reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I: That the City Manager is hereby authorized by the City Council to
execute a "Professional Services Agreement for Architect or Engineer" with Teague Nail and
Perkins, Denton, Texas, for professional engineering services relating to the Channel
Improvements to an Unnamed Tributary of Pecan Creek at Morse Street; and relating to the
Morse Street Drainage Improvements Project, for a professional fee of not to exceed $41,650;
in substantially the form of the Professional Services Agreement attached hereto and
incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated
ability ofTN&P to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
I
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the wit day of dlliil m
,2005.
C~~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B, ~~~ ~~(\\ha'
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By dI!QQ4t!J2
S:\Our Documcnts\Ordinances\05\TN&P Morse St Drainage Channe\-Ord 2005.doc
2
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the I/tIt day of
/J.r:tJ;/J.t{ , 2005, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 235 W. Hickory, Suite 100, Denton, Texas 76201 hereinafter called
"Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION I
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Engineering Services for Channel Improvements to an Unnamed Tributary of
Pecan Creek at Morse Street - including Exhibits A, B, & c.
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SECTION 2
COMPENSATION
The Owner shail compensate the Design Professional as foilows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shail be $ 18,400
2.1.2 Progress payments for Basic Services shail be paid based upon the Dcsign
Professionals estimate of the percentage ofthe work effort that has been completed.
2.2 SPECIAL SERVICES
2.2.1 For Special Services the total compensation shail be $ 22,750
2.2.2 Progress payments for Basic Services shail 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 Exhibit 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 1.10 times the amounts billed to the Design Professional for such
additional services.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the foilowing documents ail of which
are attached hereto and made a part hereof by reference as if fuily set forth herein:
I. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Exhibits A through _ C_.
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This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
~<r\w-
BY.
MICHAEL A. C F
CITY MANAGER
AA PROVED AS TO LEGAL FORM:
4w,N /'V'
":;"y06^ ::~ ATTORNEY
Teague Nail and Perkins; Inc/
BY: ~~.~
Gary L. ickery, P.E.
Principal
WITNESS:
BY:
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CITY OF DEf\.'TO~
GENERAL CO~DITIONS
TO
AGREF:;\1Et\'T FOR ARCHITECTURAL OK Et\'GI:\'EERIJ\'G S[RVICF.:S
ARTICU: I. ARCHITECT OR ENGIt\'EER'$ RESPONSIBILITIES
1.1 Tne ArchilL"Ct or Engineer's services consist of those services for the Project (as dclinL"d in the agreement (the "Agreement")
and proposal (the "f'roposal") to which these General Conditions arc attached) perfonned by the Architt.."C1 or Engineer
(hereinafter called the "Design Prolcssional") or Design Professional's employees and consultants as enumerated in Al1ic1cs 2
and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perfonn all St;rvices as an independent contractor to the prevailing professional standards
consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same
locality under similar conditions, including reasonable, infonned judgments and prompt timely actions (the "Degree of Care").
The Services shall be performed as eXpeditiously as is consistent with the Degree of Care necessary for the orderly progress of
the Project Upon request of the O\VTler, the Design Professional shall submit for the Owner's approval a schedule for the
pcrforTTlance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time
n:quin:d for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule and approved by the O\VTler shall not, except for reasonable cause, be exceeded by the Design
Professional or Owrlt..'T, and any adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 B~"IC 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 structurnl, civil, mechanical and ek."Ctrieal
engineering services and any other enginet.."ring services necessary to produce a complete and accurnte set of Construction
DocuTTlt."ts. as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCIIEMATIC DESIGN PHASE (See Exhibit A forfurtbtr Clarification)
2.2.1 The Design Professional, In consultation with the Owner, shall develop a ....mtten program for the Project to ascertain
O....'Ier'S needs and to establish the requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the O\VT1er's program, construction schedule and
construction budget requirements. each in terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 ll1e Design Professional shall review with the O\VT1er alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agrccd-upon program, schedule and construction budget requirements, the Design Professional shall
prepare, for approval by the O\VT1er, Schematic Design Documents consisting of drnwings and other documents illustrating the
scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable la\'l$,
statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current
area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period of time from the commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE (N/A)
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the O\VT1er in the program, sche-
dule or construction budget, the Design Professional shall prepare for approval by the O\VT1er, Design Development Documents
consisting of drawings and othcr documents to fix and describe the size and character of the Project as to architecturnl. structurnl,
mt."Chanical 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 O\VT1er's approval of the documents, Design
Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the O\VT1er of any adjustments to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Section 2.2.5.
2,4 CONSTRUCTION DOCUMENTS PHASE (See ExhibitA for}urther Definition and Oarification)
2.4.1 Based on the approved Design Development Documents and any further adjusnnents in the scope or quality of the Project
or in the construction budget authorized by the O\VT1er, the Design Professional shall prepare, for approval by the O....ner,
Construction Documents consisting of Dra....ings and Specifications setting forth in detail requirements for the construction of the
Project, which shall comply with all applicable laws, statutes, ordinances, cooes and regulations.
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2.4.2 The Design Professional shall assist the O.....l1er in the preparation of the nccessary bidding or pmcurement inliJrmation,
bidding or procurement fixOlS. the Conditions of the contract, and the form of Agreement between the O\\TICT and contractor
2.4.3 '111e Design Professional shall advise thc O\\l1er of any adjustments to previous preliminary estimates of Construction Cost
indicated by changes in requirements or general market conditions.
2.4.4 The Design Prolcssional shall assist the Owner in conncction .....;th the OI,\Tler's rcsponsibilily lor filing documents required
for the approval of governmental authorities having jurisdiction over the Project.
2.5 CONSTRllcnON COf'..TRACT PROCUREMENT (See Exhibit A fo.... furthe.... Definition and Oarification)
2.5.1 The Design Professional, fol1ol,\;ng the Owner's approval of the Construction Documents and of the latest preliminary
detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any
procurement method that is legally applicable to the Project including without limitation, the competitive scaled bidding process.
Although the Owner will consider the advice of the Design Professional, the award of the construction cOlltract is in the sole
discretion of the Owner.
2.5.2 If the construction contract amount for the Projcct exceeds the total construction cost of the Projcct as sct forth in the
approved Detailed Statement of Probable Construction Costs of the Projcct submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the O\VTlCf to
reduce or modify the quantity or quality of the work so that the total construction cost of the ProJt'Ct 1,\;11 not excL"Cd the total
construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRU(.TION PHASE - ADMINISTRATION OF TilE CONSTRUCTION CONTRACr (N/A)
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement
;) commences ~th the ,w,m of ,he Con""ct foc Construction ""d lcmtin"es" the iss",,"ce to the Ownec of the fin,1 Certifi"te
for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below, For
design professionals the administration shall also be in accordance with ALA document AlOI, General Conditions of the Con-
tract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the
administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central
Texas Council of Governments, current as of the date of the Agreement, un less otherwise provided in the Agreement
2.6.3 Construction Phase duties, respoosibilities and limitations of authority of the Design Professional shall not be restricted,
modified or extended without \\!Titten agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (I) during construction,
and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Con.
struction. The Design Professional shall have authority to act on behalf of the O\VTler only to the extent provided in the
Agreement and these C'JeTleral Conditions, unless otherwise modified by \\!Titten instrument.
2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is
in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being
performed in a manner indicating that the work when completed will be in accordance with the Contract Documents, Design
Professional shall provide O\VTler a written report subsequent to each on-site visit. On the basis of on-site observations the
Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care
and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in perfomUng all Services under the
Agreement The Design Professional shall promptly correct any defective designs or specifications furnished by the Ocsign
Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design
Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design
Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The
Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agcots
or employees, or of any other persons perfonning ponions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherv.;se be provided in the Contract Documents or when direct communications have been specially
authorized, the Ov,'ner and Contractor shal1 communicate through the Design Professional. Communications by and with the
Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for
Payment, the Design Professional shall review and certify the atTKlunls due the Conlr.lctor.
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2.6.10 Thc Design Prolessional's certitication lor payment shall constitute a representation to the O\~ller, based on the Design
Professional's observations at the site as provided in Subsection 2_6.5 and on the data comprising thc Contr.lctor's Application
fi.lr Payment, that the work has progressed to the point indicated and that the quality of the \Vork is in accordance with the
Contract lJtx:umenls. The foregoing rcprescntations arc subjlxt to minor deviations from the Contract Documents coITect.lble
prior to completion and to specific qualilications expressed by the Design Professional. The issuance of a Certificate ttlr
Payment shall further constitute a rcpresentation that the Contractor is entitled to paytTlCnt in the amount certilied. However, the
issuance of a Certificate for Payment shall not be a representation that the Design ProlCssional has (I) fCviewed construction
means. methods. techniques, St-qUtilCes or procedures, or (2) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum
2.6.11 The Design Professional shall have the responsibility and authority to reject work which docs not conform to the Contmct
Documents. Whenever the Design Professional considers it nccessary 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 v,.;th the provisions of the Contract Documents. whether or not such Work is fabricated, installed or completed.
However. neithtT this authority of the Design Professional nor a dt'Cision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor. Subcontractors, material and
equipment suppliers. their agents or employees or other persons performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as
Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance \\;th applicable laws, statutes.
ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the
requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay
in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design
Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of
dett"mlining the accuracy and complelt11CSS of other dt..'tails such as dimensions and quantities or for substantiating instructions
for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Design Professional. of construction means. methods,
techniques, sequences or procedures. The Dt..'Sign Professional's approval of a specific item shall not indicate approval of an
assembly of which the item is a component When professional certification of performance characteristics of materials, systems
or equipment is required by the Contract Documents. the Design Professional shall be entitled to rely upoo such certification to
establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Ordt.TS and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the
Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not
involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of
the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial
Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and final Completion.
The Design Professional will receive and review writtt:Tl guarantees and related documents required by the Contract for
Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon eompliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters conct."ming performance of the Owner
and Contractor under the requirements of the Contract Documents on Mitten request of either the Owner or Contractor. The
Design Professional's respoose to such requests shall be made with reasonable promptness and \\;thin any time limits agreed
upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial
decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be
liable for results or Interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement
and in the absence ofncgligence.
2.6.17 The Design Professional shall render Mitten docisions \vithin a reasonable time on all claims, disputes or other matters in
question between the O....ner and Contractor relating to the execution or progress of the work as provided in the Contract
Documents.
2.6.18 The Design Professional (I) shall render services under the Agreement in accordance with the Degree of Care; (2) will
reimburse the Ov,.l1er for all damages caused by the defective designs the Design Professional prepares; and (3) by
acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have undtT the
Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Ocsign Professional shall provide the Owner v.rith a digital copy and one set of reproducible prints shov.ring all
significant changes to the Construction Documents during the Construetion Phase. The reproducible prints will be based on
infonnation provided to the Design Professional by others.
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ARTICLE: 3 AIJDITIONAL SERVICES
3.1 G[;'IiERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identitied in the Agreement or
Proposal. and they shall be paid for by the O\VTlt"'- as provided in the Agreement, in addition to the compensation for Basic
Services. The services described undt..."'- Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in v.rriting by the
Owner. If services dcscribed under Contingcot Additional Services in Section 3.3 arc requirt"-d due to circumstances beyond the
Design Professional's control. the Design f'rofessional shall notify the O\VTler in v.rriting and shall no! cormnence such additional
services until it receives \\Ilinen approval from the O\VTler to proceed. If the O.....ner indicates in writing that all or part of such
Contingent Additional Services are not required. the Design Professional shall have no obligation {O provide those sen..ices.
O....ner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not
required due to the negligence or fault of Design Professional.
3.2 PROJECf REPRESENTATION BEYONIJ BASIC SERVICES
3,2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall
provide one or more Project Representatives to assist in carrying out such additional on..site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional. and the Dt..."Sign Professional
shall be compensated therefore as agreed by the O\VTler and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Dra\vings, Specifications or other documents when such revisions are:
I. inconsistent \vith approvals or instructions previously given by the Owner, including revisions made
necessary by adjustments in the O\VTler's program or Project budget;
2. required by the enactment or revision of codes. laYlS or regulations subsequent to the preparation of such
documents, or
3. due to changes required as a result of the O\VTler's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size. quality,
complexity, or the O\VTler's 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 connec*
tion with Change Orders and Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction. and fumishing
services required in connection with the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the
Contractor, or by failure ofperfonnance of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection \vith
the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design
Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate. separate or sequential
bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents
Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Professional shall be perfonned by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.3.9.
3.4 OPTIONAL ADIJITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
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3.4.2 Providing planning surveys. site evaluations or comparative studies ofprospcctive sites.
3.4_1 Providing spccial surveys, environmctltal studies and submissions required for approvals of gOVLTIlmctltal authorities or
others havingjurisdiction over the Projl'Ct.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.45 Providing services to investigate existing conditions or facilities or to make measured dra\vings thereof.
3.4.6 Providing services to verify the accuracy of drav.ings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forccs and coordination
of services required in connection \vith construction performed and equipment supplied by the Owner.
3.4.8 Providing dctailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations. inventories of materials or equipment, or valuations and detaikd appraisals of existing facilities.
3.4.12 Providing assistancc in thc utilization of equipment or systems such as testing, adjusting and balancing. preparation of
opcmtion and maintenance manuals. trainingpersonncl for operation and maintenance and consultation during oplTation.
3.4.13 Providing interior design and similar services required for or in conno:tion with the selection, procurement or installation
of furniture, furnishings and related equipment
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment
and expiratioo of the Warranty period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering por-
tions ofthc Project providec:fas a part of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with
generally accepted architectural praetice.
3.4.17 Preparing a set of reproducible record drawing; in addition to those required by Subsection 2.6.19, showing significant
changes in the work. made during construction based on mark.ed-up prints, drawings and other data furnished by the Contractor to
the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all
services described in this Article 3 that are caused or no:essitated in whole or in part due to the negligent act or omission of the
Design Professional shall be performed by the Design Profcssional as a part of the Basic Services under the Agreement with no
additional compensation abovc and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult \vith the Design Professional regarding requirements for the Project, including (1) the Owner's
objectives, (2) schedule and d~ign constraints and criteria, including space requirements and relationships, flexibility,
expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Projo:t, including the Construction Cost, thc OV.llcr's other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidencc that financial arrangements have been made to
fulfill the Owner's obligations under this Agreement
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf \vith respect to the Project. The Owner
or such authorized representative shall render do:isions 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 the Design Professional's services.
45 Where applicable, the Owner shall fumish surveys describing physical characteristics, legal limitations and utility locations
for the site of the Project, and a written lcgal description of the sitc. The surveys and legal infonnation shall include, as ap.
plicable, grades and lines of streets. alleys. pavements and adjoining property and structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and
necessary data pertaining to cxisting buildings, other improvements and trees; and infonnation concerning available utility
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services and lines, both public and private. abovc and below grade, including inverts and depths. All thc inti.lrmation on the
survey shall be referenced to a project benchmark.
4.6 \Vhere applicable. the Owner shall furnish the services of gcotechnical engineers whl"n such services arc rcquC.'ited by the
Dcsign Professional Such scrvices may include but arc not limited to test borings, tcst pits, dctenninations of soil bearing
values, percolation tests, cvaluations of hazardous materials, ground corrosion and rl'Sistivity tesls. including necessary
operations for anticipating sub-soil conditions. with repolls and appropriate professional recommendations
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the
Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Sl"rvices
or Additional Services.
4.7 \.\/hen not a pall of the Additional Services, the O\\-ner shall furnish structural. mechanical, chemical, air and water pollution
tests. tests of hazardous m:Ht:rials, and other laborntory and environmental tests, inspections and repons required by law or the
Contract Documents.
4.8 The O\Vfler shall furnish al1legaJ, accounting and insurance counscling services as may be necessary at any time for the
Project, including auditing services the Owner may require to wrify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by or on behalf of the Ovmer.
4.9 The services, information, surveys and repons requin..-d by O\Vfler under Scctions 4.5 through 4.8 shall be furnished at the
Owner's expense, and the Design Professional shall be entitled to rely upoo the accuracy and completeness thereof in the absence
of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt \.\!rinen notice to the Design Professional if the Owner becomes aware of any fault or defect
in the Project or nonconfonnance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or
Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to
execution. The O~ner agrees not to request certifications thai would require knowledge or services beyond the scope of the
Agreement
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designt.'d or
specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates ofJabor and materials furnished by the Owner and
equipment designed, specified, selccted or spccially provided for by Ihe Design Professional, plus a reasonable allowance for the
Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at
the time of bidding and for changes in the work during construction.
5,1.3 Construction Cost docs not include the compCl1sation of the Design Professional and Design Professional's consultants, the
costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRlICfION COST (N/A)
5.2.1 Evaluations of the Owner's Project budget, preliminaTyestimates of Construction Cost and detailed estimates ofConstruc-
tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or
market conditions. Accordingly, the Design Professional cannot and docs not warrant or represent that bids or cost proposals
will not vary from the Owner's Project budget or fTom any estimate of Construction Cost or evaluation prepared or agreed to by
the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or
establishment of a Project budget, unlcss such fixed limit has been agreed upon in \.\!riling and signed by the parties thereto_ If
such a fixed limit has been established, the Dt.-sign Professional shall be permitted to include contingencies for design, bidding
and price escalation, to detenninc what materials, equipment, component systems and types of construction are to be included in
the Contract Documents, 10 make reasonable adjustments in the scope of the Project and to include in the Contract Documenls
alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall bc increased in the amount of an
increase in the Contract Sum occuning after execution of the Contract for Construction.
5.2.3 If the Procurement Phase has not connnenced within 90 days after the Design Professional submits the Construction
Documenls to the O....'l1er, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the
gencmllcvcl of prices in the construction industry between the dale of submission of the Construction Documents to the O\\ner
and the date on which proposals are sought.
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ARTICLE 6 OW1\ER\)IIIP Ai\'D llSE OF nOCUME~'TS
6.1 The Dr.l\vings, Spccifications and otht.'f docufTlL'Ilts prepared by tIle Design Protessional for this Projcct an: instrunlt.'1lts of
thc Design Pro!cssional's service and shall become the property of the Owner UpOl1 tennination or completion of the Ab'Teernent.
.1l1C Design Professional is entitkd to retain copies of all such documenl~_ Such docurrx:nl" are intended only be applicable to
this Project. and OwnL,'s use of such documents in other projects shall be at Owner's sole risk and expmse. In the event the
O\~nL'f uses any of the infonnation or materials developed pursuant to the Agreement in another projcct or for other purposes
than are specilied in the Agreement. the Design Professional is released from any and all liability relating to their use in that
proJcct
6.2 Submission or distribution of documents to meet ollicial regulatory requirements or for similar purposes in connt.'Ction with
the Project is not to be construed as publication in derogation of the Design Probsional's reserved rights.
ARTiCLE 7 T[R1\-lINA TION. SUSPENSION OR ARANDOi\MENT
7.1 The Design Professional may tenninate the Agrccrnent upon not less than thirty days v.'litten noticc should the OV.T1L'f fail
substantially to perfonn in accordance with the terms of the Ab'TCCment through no t~lUlt of the Design ProfessionaL O....T1er may
tenninate the Agreement or any phase thereof with or without cause upon thirty (30) days prior \\'litten notice to the Design
Professional. All work and labor being perlurmed under the Agreement shall ceasc immediately upon Design Professional's
rcceipt of such notice. Before the end of the thirty (30) day period. Ocsign Professional shall invoice the Owner for all work it
satisfactorily perforTrK:d prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field
surveys. and other data related to the Projcct shall become property of the O....T1er upoo termination of the Agn.-cment and shall be
promptly delivered to the Owner in a reasonably organized fonn. Should Ov.T1er subsequently contract with a new Design
Professional for continuation ofsenrices on the Project, DL'Sign Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated
for services satisfactorily performed prior to notice of such suspension. \.\/hLil the Project is resumed. the DL'Sign Professional's
compensation shall be equitably adjusted to provide for expmscs incurred in the inlemJption and resumption of the Design
flrofessional's services.
7.3 The Agreement may be lcrminated by the Owner upon not less than seven days written notice to the DL'Sign Professional in
the event that the Project is pennanenlly abandoned. If the Project is abandoned by the Owncf for more than 90 consecutive
days, the Design Professional or the Owner may terminate the Agreement by giving \.\!rinen notice.
7.4 Failure of the Owner to make payments to the Design Professionallur work satisfactorily completed in accordance with the
Agreement shall be considered substantial nonperformance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a slatement for services
properly and satisfactorily performed, the Design Professional may, upoo seven days \.\!ritten notice to the Owner. suspend
perfonnance of setVices under the Agreement
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for
services properly and satisfactorily performed prior lo termination.
ARTICLE 8 PAYMENTS TO TIlE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direcl Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred
by the Design Professional and Design Professional's employees and consultants in the interest of the Project. as identified in the
following Clauses.
8.2.1.1 Expense of transportation in connection with the PrOjL'Ct; expenses in connection with authorized out-of-tov.n travel;
long--distance communications; and fees paid for securing approval of authorities havingjurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19). postage
and handling of Drav.;ngs, Specifications and other documents.
8.2.1.3 If authorized in advance by the Ov.T1er, expmsc of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner
8.2.1.5 Expensc of computer-aided design and drafting equipment time whm used in connection with the Project.
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8_2.1.6 Other expenses that are approved in advancc in \~Titing hy the O\~11er.
8_l PA. YMI-:NTS O~ ACCOlJ~T OF BASIC SERVICES
83.1 Payments lor Basic Services shall be made monthly and. where applicable. shall be in proportion 10 services performt.-d
within each phase of service, on the basis set forth in Scction 2 of the Agreement and the sch<.'tlule of work.
83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional. compmsation lor any services rendered during the additional period of time shall be computed in the
mannt.'T set forth in Section 2 of the Agreement.
833 When compt.'Ilsation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise
not constructed, eompmsation for those portions of the Project shall he payable to the extent services are perfonned on those
portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1 ) the lowest bona fide bid or (2) if
no such bid or proposal is received, the mosl recent preliminary estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expt.'f1scS shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expenscs incurred.
85 PA YMEl\TS WITHHELD No deductions shall be made from the Design Professional's compmsation on account of
penalty, liquidated damages or other sums withheld from payments to contr.lctors, or on account of the cost of changes in the
work other than those for which the Design Professional is responsible.
8,6 DESIGN PROFESSIONAL'S ACCOUNTiNG RECORDS Design Professional shall make available to Owner or
Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services perfonned on the basis of a multiple of Direct Personnel Expmse for inspection and copying during regular business
hours tor three years alter the date of the final Certificate of Payment, or until any litigation related to the Project is final,
whichever date is lalcr.
ARTiCLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees
from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court
costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, shareholders, agents, or employees in the execution, operation, or perfonnance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing
herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by
anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby
t::xpressly rest::rved.
ARTiCLE 10 INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance
with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate 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 for each occurrence
and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for eaeh
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 for each accidenl, and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements. and Employers' Liability Insurance
with limits of not less than $100,000 for each accident including occupational disease.
10.4 Profeisional Liability Insurance with limits of no I less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance
in compliance with this Article 10 at the time of the execution of the Agreement. The General liability and Automobile
Liability insurance policies shall name the Owncr as an additional insured, the Workers' Compensation policy shall contain
a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insuranee shall not be
canceled or modified witnout thirty (30) days' prior written notice to Owner and Dcsign Professional. In such event, the
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Design I'rofcssional sh<JlI, prior to the effective date of the change or cancellation, fumish (h\llCr with substitute
eertifieates of insurance meeting the requiremcnts of this Article 10.
ARTICLE 'I MISCELLANEOUS PROVISIO;"o.'S
11.1 The Agreemelll shall be governed by the laws of the Statc of Texas. Venue of any suit or cause of action under the
AgreelTlCnt shall lie exclusively in Dt."ton County, Texas.
11.2 The O\\ner and Design Profcssional, rcspcr:tivcly, bind themselves, their partners, successors. assigns and legal rcprcsen-
latives to the other party to this Agreement and to the partnt..>rS. successors, assigns and legal represt..'1ltatives of such other party
with respect 10 all covenants of this AgreemenL The Design Professional shall not assign its interests in the Agreement \\1thoul
thc wri{t<." consent of the O\\ner.
11.3 "Il1e term Agrccment as used herein includes the executed Agn.-ement, the Proposal, these General Conditions and other
attachmt.:nts rclCrenced in Section J of the Agreement which together represent the entire and intcgratcd agreement bctv.'een the
O\\TIer and Design Professional and sup<'TScd<.'S all prior negotiations, representations or agreements, either written or oral. Thc
AgreelTlCnt may bc amended only by wriu<."11 instrument signed by both Owner and Design Professional. When interpreting the
Agrecmenl the executed Agreement, Proposal, these General Conditions and the other attachments referenc<.^rl in Section J of the
Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However. should the
provisions of th<.'Se documents be in contlict so thai they can not be reasonably haffilOnized, such documents shall be given
priority in the following order:
I. The executed Agreement
2. Attachments referenced in Section J of the Agreement other than the Proposal
J These Gcneral Provisions
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party
against either the Owner or Design Professional.
liS Upon receipt of prior v.nllen approval of Owner. the Design Professional shall have the right to include representations of
the design of the Project. including photogrnphs of the exterior and interior, among the Design Professional's promotional and
professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information
if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and
in the promotional materials for the Project.
11.6 Approval by the Ov.ller 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 deemcd to be an assumption of such responsibility by the Owner for
any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and
consultants.
11.7 All notices, communications, and reports required or permitted undcr the Agreement shall be personally delivered or
mailed 10 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 aftcr mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or
unenforceable, it shall be considered scverable from the remainder of the Agrcement and shall not eause the remainder to
be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances
applicable to the .....ork covered hereunder as they may now read or hereinafter be amcndcd.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on
thc basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
11.11 The captions of the 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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EXHIBIT 'A'
ITEMIZED SCOPE OF SERVICES
BASIC SERVICES
PROJECT DESCRIPTION
The scope of Basic Services for this project generally includes preparation of detailed plans for
improvements to an approximately 700' portion of an unnamed, unstudied tributary of Pecan
Creek at Morse Street. Basic Services also includes preparation of Schematic Plans.
Special Services include the following:
. Corps of Engineers 404 regulatory permitting
. Hydraulic Analysis, as part of the Schematic Phase
. Preparation of record drawings from City of Denton Construction records.
GENERAL
A. Basis for Scope of Services
The following assumptions were used by the ENGINEER for the preparation of the scope of
services for this project:
1. The project area includes areas that will be considered jurisdictional waters as
defined in the Clean Water Act, and will require Section 404 permitting through
the Corps of Engineers although we will attempt to design the project to avoid an
Individual Permit. At this point we anticipate that an Individual Permit will be
necessary. Corps of Engineers 404 permitting will be conducted on an hourly
basis as part of Special Services because the effort needed is difficult to fix prior
to meeting with the Corps. An allowance for this effort is included in the
proposal. This allowance represents an estimated fee, not a maximum fee. In
the event that additional charges are accrued, a contract amendment will be
necessary.
2. The project will be designed and constructed in accordance with the City of
Denton Standard Specifications and the Drainage Design Criteria Manual,
February 2002.
3. Right-of-way acquisition has already been completed, and the City of Denton has
provided descriptions of the property acquired. No right-of-way analysis or
acquisition is <!nticipated as part of Basic Services.
4. This unnamed tributary of Pecan Creek is not a studied stream and its drainage
area is less than one square mile, and as a result, will not require a LOMR.
However, modeling will be conducted, and a report with exhibits will be prepared
to delineate the 100-year floodplain both for pre-project and post-project.
conditions.
Exhibit A - Page 1
5. It is expected that the proposed. channel will be a concrete lined trapezoidal
channel. A drop structure will be necessary to keep the slope of the channel flat
enough to prevent supercritical flow.
6. A temporary construction easement will be required from the Denton
Independent School District (DISD), as well as a drainage easement. City of
Denton will provide temporary and drainage easements to ENGINEER.
7. Field Design Surveys will be provided by the City of Denton.
8. All issues with relation to the City of Denton Tree Ordinance will be handled by
the City of Denton.
B. Design Meetings
1. The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the preliminary and final plan phases of the project.
C. Data Collection
1. The ENGINEER will collect, compile and evaluate existing data collected from
the City of Denton or other entities that provide available existing information
related to the design of the project.
2. A location map with a schematic plan will be provided to the affected utility
companies by the ENGINEER during the preliminary plan phase. These
schematics will be used by the utility companies to show approximate locations
of their facilities that are or may be affected by the project.
3. The ENGINEER will make every effort to obtain as-built, record and/or future
plans for the following facilities in the project area including:
a. Culverts
b. Roadway
c. Water Lines
d. Sanitary Sewer Lines
e. Storm Drain Lines
f. Telephone and Cable TV Underground and/or Overhead Lines
g. Electric Underground and/or Overhead Lines
h. Gas Lines
i. Other Utilities Known to Serve the Project Area
4. The ENGINEER will compile the preliminary information obtained above for later
use in the field to help surveyors tie existing utility locations. The locations of
utilities tied from field surveys will be shown on the paving and drainage plans, as
appropriate.
5. The ENGINEER will identify potential utility conflicts and provide this information
to utility companies during the preliminary plan phase. The City of Denton will
notify the utilities to relocate their facilities at the appropriate time during and after
the design phase.
Exhibit A - Page 2
SCHEMATIC PHASE
A. Design Concept Conference
1. The ENGINEER will arrange a design concept conference with the CITY to
establish design guidelines, design frequencies, and other criteria to be used on
the project.
B. Schematic Plans
1. The ENGINEER will prepare schematic plans that depict the proposed channel
and culvert improvements. The schematic plans will depict:
a. Plan view of the preliminary alignment of the proposed improvements
b. Typical sections reflecting the proposed channel geometry.
c. Preliminary floodplain mapping based on the schematic plans and the
hydraulic analysis.
FINAL DESIGN PHASE
A. Channel and Culvert Design
1. The ENGINEER will develop final design of the proposed channel and culvert
improvements. This design will include the proposed horizontal and vertical
alignments. The plan sheets will be at a 1"=20' scale and contain topographic
information, existing and proposed right-of-way and property lines, existing
underground utilities at locations of conflict, existing fences, locations of
driveways and other surface features, baselines, and other pertinent existing
features. The plans will also show proposed channel and culvert improvements,
contours where necessary, limits of structures, limits of retaining walls, if any,
drainage structures including pipes, limits of barriers and any other information
necessary for channel construction. Profiles at 1'=20' horizontal scale and 1 "= 4'
vertical scale will contain existing ground lines at the proposed profile grade line,
limits of structures and profile elevations at 1 00 foot intervals.
2. The ENGINEER will prepare cross-sections along the channel at 50-foot
intervals. These cross-sections will depict the proposed improvements, and will
form the basis for the detemnination of earthwork quantities. Cut and fill
quantities will be computed and tabulated, referencing cross-sections. Cross-
sections will be included in preliminary and final plans.
B. Other Channel Design Elements
1. A project title sheet will be prepared as required and included in the plans.
2. Project layout sheets will be prepared at a uniform scale that clearly indicates the
limits of the entire project and the main construction elements of the project.
3. Channel horizontal and vertical control and horizontal curve data will be shown
on the plans.
Exhibit A - Page 3
4. Details will be developed as necessary, including channel and culvert details,
drainage, utility, and miscellaneous details to describe the various types of
construction when the CITY has no pertinent standard details available.
5. Stormwater Pollution Prevention Plans (SWPPP) will be prepared for the project
by the Contractor and not the ENGINEER.
6. Traffic control plans will be prepared at an appropriate scale and will show
existing conditions and detours necessary to maintain traffic flow during each
phase of the construction. Traffic control plans will be in accordance with the
Texas Manual of Uniform Traffic Control Devices.
C. Submit Preliminary Plans (70%) for Review
1. Submit five (5) sets of 11" x 17" preliminary plans for CITY review, along with an
Opinion of Probable Construction Cost.
2. Project quantities will be calculated and tabulated based upon the preliminary
design for use by CITY staff. An outline of the expected technical specifications
will also be submitted at this time.
3. Submit plans to utility companies for review.
4. Meet with the CITY to review and discuss the results of the preliminary plan
review, as necessary.
D. Prepare Final Design Plans
1. Incorporate CITY review comments and directives from the preliminary plan
review in the preparation of final construction plans.
2. Revise the preliminary quantities per changes in the final design and CITY review
comments.
3. Prepare final bid documents and construction specifications.
E. Submit Final Plans, Specifications, and Contract Documents for CITY review
1. Submit five (5) sets of 11" x 17" final plans and final bid documents for CITY
review and approval, with updated cost estimates.
2. Submit detailed drawings and plans/specifications to appropriate regulatory
agency (ies) and obtain clearance. Submit copies of detailed drawings to City to
provide to utility companies to relocate utilities as needed for construction.
4. Meet with the CITY to review and discuss the results of the final design phase, as
necessary.
5. Revise the plans and specifications to incorporate City and regulatory agency
and utility company review comments.
Exhibit A - Page 4
F. BIDDING PHASE
1. ENGINEER will assist the CITY in the advertisement of the projects for bid. The
CITY shall bear the cost of advertisement. The ENGINEER shall provide the
CITY with one mylar reproducible 24" x 36" set of final construction drawings and
one original unbound final specification book. The CITY shall be responsible for
providing all necessary reproduction of construction plans, specifications and
contract documents for use in obtaining bids, awarding contracts, and
constructing the project. The CITY shall be responsible for dispersing all plans
and specifications from its purchasing department to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding &
Contract Award phase by responding to bidder and CITY questions, creating
addenda, attending the bid opening, reviewing and tabulating the bids, and
making a recommendation of award to the CITY.
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
Special Services to be provided by the ENGINEER for this Project include:
. Corps of Engineers 404 permitting
. Hydraulic Analysis, as part of the Schematic Phase
. Record drawings from City Inspector records.
The scope of work for these Special Services are more generally described as follows:
CORPS OF ENGINEERS 404 PERMIT
1 . Coordination with the Corps of Engineers and preparation of permit data will be
performed on an hourly basis at standard TNP billing rates as shown on
Attachment 'C'. It is assumed that an Individual Permit will be required. An
allowance is included in the proposed fee for necessary 404 permitting.
HYDRAULIC ANALYSIS
A. Hydraulic Analysis
1. The ENGINEER will make use of the City of Denton Drainage Master Plan to
develop existing and fully developed conditions hydrology.
2. The ENGINEER will develop HEC-2 or HEC-RAS models representing the
existing channel. These models will be used to evaluate the flow in the existing
channel, and will be modified to refiect proposed improvements.
3. The ENGINEER will develop a map depicting the impact of the proposed project
on the floodplain delineation and base flood elevations.
Exhibit A - Page 5
3. The ENGINEER will develop a map depicting the impact of the proposed project
on the floodplain delineation and base flood elevations.
RECORD DRAWINGS
1. Perform plan revisions as needed to accurately reflect these constructed conditions
from City of Denton construction records.
2. Provide one mylar drawing set of record drawings for City records.
3. In the event that construction differs significantly from the approved construction
plans, the associated fee for preparation of the record drawings may be adjusted.
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. Aerial topographic data in electronic format, compatible with AutoCAD R14 or AutoCAD
2000i. .
3. Copies of construction plans and plats for developed property adjacent to the project.
4. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
5. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Schematic Phase
The Schematic Phase will include the hydraulic analysis. Based on the survey and the
hydraulic analysis, the schematic plans will be submitted within 8 weeks of written Notice
to Proceed.
Final Design Phase - Preliminary Plans (70%)
Complete within 6 weeks of CITY approval of schematic plans
Final Design Phase - Final Plans (100%)
Complete within 4 weeks of CITY approval of Preliminary Plans
Record Drawings
Exhibit A - Page 6
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Exhibit A - Page 7
EXHIBIT 'B'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in EXHIBIT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
1. labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
BASIC SERVICES
$ 18,400
2.
Direct Expenses-Fixed Fee
Reproduction & Printing
$
500
3. Total Fee for Basic Services
TOTAL (BASIC SERVICES)
$ 18,900
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Itemized
Scope of Basic Services, shall be considered Special Services as identified in Exhibit A,
Special Services to be Provided bv the Enqineer. The ENGINEER will be reimbursed
for Special Services 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:
Hydraulic Analysis-Fixed Fee $ 5,300
CaE 404 Permits-Hourly Estimated $ 16,350
Record Drawings -Fixed Fee $ 1,100
TOTAL (SPECIAL SERVICES)
$ 22,750
Exhibit B- Page 1
C. ADDITONAL SERVICES
1 . Labor
Work Added during the Contract 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 added during the Contract such as printing. reproductions,
automobile mileage, delivery/courier services, etc will be reimbursed to the
ENGINEER. A not-to-exceed amount will be established and agreed to for each
item of service provided.
D. SUMMARY OF FEES:
1. Basic Services
Labor
Direct Expenses
TOTAL BASIC SERVICES
$18,400
$ 500
$18,900
2. Special Services
Labor
TOTAL SPECIAL SERVICES
$22,750
$22,750
3. Total Fees for Project
TOTAL FEES
$41,650
Exhibit B- Page 2
EXHIBIT C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2005 to December 31, 2005*
$0.10/page
$0.20/page
$2.00/page
$1.00/page
$2.00/page
$2.00/page
$4.00/page
$4.00/page
Mileage $OAO/mile
All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
* Rates shown are for calendar year 2005 and are subject to change in subsequent years.
Engineering 1 Technical
Principal
Project Manager
IT Manager
Senior Engineer
Engineer
Graduate Engineer
Landscape Architect 1 Planner
Designer
Senior Designer
CAD Draftsman
CAD Technician
Senior CAD Technician
IT Technician
Clerical
Resident Project Representative
Surveying
Survey Office Manager
R.P.L.S.
Senior Survey Technician
Junior Survey Technician
2-Person Field Crew w/Equipment
3-Person Field Crew w/Equipment
4.Person Field Crew w/Equipment
1-Person G.P.S. Crew w/Equipment
2-Person G.P.S. Crew w/Equipment
3-Person G.P.S. Crew w/Equipment
1-Person Robotic Crew w/Equipment
2-Person Robotic Crew w/Equipment
3.Person Robotic Crew w/Equipment
Direct Cost Reimbursables
Photocopies
Plots
From To
$120 $205 Per Hour
$100 $145 Per Hour
$100 $110 Per Hour
$90 $145 Per Hour
$80 $110 Per Hour
$65 $95 Per Hour
$85 $100 Per Hour
$70 $95 Per Hour
$90 $120 Per Hour
$35 $60 Per Hour
$50 $75 Per Hour
$70 $90 Per Hour
$60 $75 Per Hour
$45 $65 Per Hour
$70 $90 Per Hour
$120
$95
$70
$50
$90
$105
$130
$110
$130
$150
$90
$110
$125
$130
$120
$85
$70
leller and legal size bond paper, B&W
11" x 17" size bond paper, B&W
22" x 34" and larger bond paper or vellum, B&W
11" x 17" size bond paper, B&W
11" x 17" size bond paper, color
22"x34" and larger bond paper or vellum, B&W
22"x34" and larger bond paper or vellum, color
22"x34" and larger mylar or acetate, B&W
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