2002-360Ore,IN.CE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
FREESE & NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES
RELATED TO THE CITY OF DENTON CLEAR CREEK INTERCEPTOR AND
WATER REUSE LINE PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage
Freese & Nichols, Inc. a Corporation, of Fort Worth, Texas ("F&N"), to provide
professional engineering services pertaining to the City of Denton Clear Creek Interceptor
and Water Reuse Line 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 qualifieafions, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with Freese & Nichols, Inc., a Corporation, of Fort
Worth, Texas, for professional engineering services pertaining to the City of Denton Clear
Creek Interceptor and Water Reuse Line, in an amount not to exceed $431,120; 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 F&N and the demonstrated
ability of F&N to perform the services needed by the City for a fair and reasonable price.
SECTION3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED PROWDt sthe dayof ,2002.
L
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents~Ordinancc s\02~Freese & Nichols, Inc.-Clear Creek Interceptor Sewer PSA.doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
, THIS, AGREEMENT is made and entered into as of the ~A-f~ day of
, 2002, by and b een the City of Denton, Texas, a Tex municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Frees¢ and Nichols, Inc., with its
corporate office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895
hcreina~er 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
engineering firm, 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 the design of the Clear Creek Water
Reclamation Plant Interceptor and Reuse Lines. The Clear Creek Basin is located north
of Loop 288, extends west of IH-35, and discharges into the Elm Fork of the Trinity
River. The proposed gravity interceptor will collect flows within the Clear Creek Basin
and route them to the proposed Clear Creek Water Reclamation Plant ("WRP") to be
designed by others. The proposed reuse line will route treated water from the WRP west,
parallel to the new interceptor, to reuse customers along F.M. 428. Within the
Wastewater Service Area of the City of Denton, Texas the Clear Creek Basin along with
Culp Branch encompasses 28,750 acres. Time is of the essence in completing the design
of these lines, with final completion by May 2004.
The effort of the Design Professional will include the following:
· Prepare an engineering report sizing the interceptor and reuse line, evaluating
various alignment alternatives and recommending a cost-effective and practical
route.
· Produce survey for selected route, establishing all necessary control for design
purposes (as shown in the detailed Scope of Work, Attachment CO), and produce
instruments for easement acquisitions.
Page 1
· Perform design and produce contract documents suitable for competitive bidding
under municipal laws.
· Provide assistance during bidding of the Project.
· Provide assistance during construction of the Project.
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 $431,120.
2.1.2 Progress payments for Basic Services shall be billed by the Design Professional
on a once-monthly basis. For Lump Sum tasks, Design Professional shall submit
invoices based on the actual pementage of work completed. For other tasks, the
Design Professional shall bill from time sheets, in minimum ½ hour or smaller time
increments, at the hourly Billing Rates, not to exceed those shown in the Fee Proposal
Summary attached. For and in consideration of the professional services to be
performed by the Design Professional herein, the Owner agrees to pay, at the listed
hourly Billing Rates, a total fee, including reimbursement for direct non-labor
expenses and for its sub-consultant expense, an amount not to exceed that listed for
each task as shown below, all of which shall not exceed the total as listed under
Item 2.1.1.
Basic Services - Preliminary Design
Basic Services - Design Phase
Basic Services - Construction Phase
Special Services - Design Survey
Special Services - Easement Preparation
(up to 12 temporary and 12 permanent)
Special Services - Geotech and Driller
Special Services - Environmental Review
$50,000 Lump Sum
$160,000 Lump Sum
$23,500 Lump Sum
$137,500 Cost Plus Not to
Exceed
$21,120 Cost Plus Not to
Exceed
$25,000 Cost Plus Not to
Exceed
$14,000 Cost Plus Not to
Exceed
Page 2
2.2 ADDITIONAL SERVICES
2.2.1 For Additional Services authorized in writing by the Owner, the Design
Professional shall be paid based on a to-be-agreed-upon Schedule of Charges. Payments for
additional serviees shall be due and payable upon submission by the Design Professional,
and shall be in accordance with Item 2.1.2 hereinabove. Statements for Basic Services and
any Additional Services shall be submitted to the Owner no more frequently than once
monthly.
2.2.2 Compensation for Additional See/ices of outside consultants, including
additional structural, mechanical and electrical engineering services shall .be based on a
multiple of 1.1 times the amounts billed to the Design Professional for such additional
services.
2.3
REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1
times the expenses incurred by the Design Professional, the Design ProfessionaYs
employees and consultants in the interest of the Project as defmed in the General
Conditions, but not to exceed the totals as shown in the Fee Proposal Summary
without the prior written approval of the Owner.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architeetural or Engineering
Services.
2. The Design Professional's Proposal and Fee Proposal Summary.
This Agreement is signed by the parties hereto effective as of the date first above written.
Page 3
"OWNER"
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. ~UTY, C.I.~2/ATTORNEY
c~(.~__ A. Conduff b/
~/ CityWianager
"DESIGN PROFESSIONAL"
FREESE AND NICHOLS, INC.
ATTEST:
S:\Our Do eument s\Contracts\02~Freese & Nichols lne- Design ProfessionalAgreement- WW 2002.doe
Page 4
CITY OF DENTON, TEXAS
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.! The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the
"Proposal") to which these Genemi Conditions are attached) performed by the Architect or Eagineer (hereinafter called the "Design Professional") or
Design Professional's employees and consultents as enumerated in Articles 2 and 3 of these General Conditions as modified by thc Agreement and Proposal
(the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care
and skill ordinarily exercised by members of the same profession eunently practicing in the same ineality under similar eondilions, incindLag reasonable,
informed judgments and prompt fimuly actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of
Care neeessm3~ for the orderly progress of the Project. Upon request of the Owner, the Design Pmfesalonal shall submit for the Owners approval a
schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for
the Owner's review and for approval of submissions by authorities having jtuisthction over the Project_ Time limits established by this schedule and
approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to fi.is schedule shall
be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described La Sections 2.2 through 2.6 of these General
Conditions and include normal stmctoral, civil, mechanical and electrical engineering services and any other engineering services necess~, to produce a
complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement
2.2 SCHEMATIC DESIGN pHASE
2.2.1 The Design Professional, in consultation with the Owner,.shall develop a written program far the project to ascertain Owners needs and to
establish the requirements for the Project.
2.2.2 The Design Professional shah provide a preliminm3r evaluation of the Owners'program, construction schedule and construction budget
requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 ~he Design Professional shall review with the Owner alternative approaches to design and construction of the project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for
approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project
components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordLaaanes, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a prelimina~ detailed estimate of Construction Cost based on current area, volume or
other unit costs and which indicates the cost of each categn~ of work involved in constr~cting 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
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction
budget, the Design Professional shall prepere for approval by the Owner, Design Development Documents consisting of drawings and other
documents to fix and describe thc size and cha~cter of the Project as to architectural, structural, mechanical and electrical systems, materials and
such other elements as may be appropriate, which shall comply with all applicable laws, stemtes, ordinances, cedes and regulations.
Notwithstanding Owner's approval of the documents, Design Professional represents 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 Owner of any adjustments to the prelimina~3, estimate of Construction Cost in a fuCther Detailed
Statement as described in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4. I Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or la the
eonstmcllon budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents
consisting of Drawings and Specifications setting forth in detail requirements for thc construction of the Project, which shall comply with all
applicable laws, statutes, ordinances, codes and regnlations.
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2.4.2 The Design professional shall assist the Owner in the preparation of the n¢cessmy bidding or procurement information, bidding or
procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design professional shall advise the Owner of any adjustments to previous preliminmy estimates of Construction Cost indicated by
changes in requirements or general market conditions.
2.4.4 The Design professional shall assist the Owner in connection with the Owners responsibility for filing documents reqinred for the approval
of govemmentol authorities having jurisdiction over the Project
2.5 CONSTRUCTION CONTRACT PROCUREMF~IT
2.5.1 Thc Design professional, following the Owner's approval of the Construction Documents and of thc latest prelimimtod detailed estimate of
Construction Cost, shall assist the Owner in procuring a constmcllon contract for thc Project through any procurement method that is legally
apphcable to the Project including the competitive sealed bidding process. Although the Owner will consider the advice of thc Design Professional,
the award of the construction contract is in the sole discretion of the Owner.
2.5.2 if the constractinn contract amount for the Project exceeds the total conslmctinn cost of the Project as set forth in the approved Detailed
Statement of Probeble Construction Costs oftbe Project submitted by the Design Professional, then the Design Professional, at its sole cost and
expense, will revise the Constmcdun Documents as may be required by the Oyvncr to reduce or modify the quantity or quality of the work so that
the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable
Constmedon Costs.
2.6 CONSTRUCTION pHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the
award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the
terms of Subsection 8.3.2.
2.6.2 The Design Professional shall providg constmctinn phase services as described in Attachment CO.
2.6.3 Construction Phase duties responsibilities and limitations of authority of the Design Professional shall not ha restricted` modified or extended
without written agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall advise and consult with the Owner (I) during constmctinn, and (2) at the Owner's direction from time to time
during the correction, or wanunty period described in the Contract for Constmedon. The Design Professional shall have authority to act on behalf
of the Owner only to the ex~nt provided in the Agreement and these General Conditions, unless other~vise modified by written instrument
2.6.5 The Design professional shall observe the construction site as described in Attachment CO while construction is in progress to become
familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work
when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each
on-site visit The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design
Professional shall promptly correct any defective designs or specifications famished by the Design Professional at no cost to the Owner. The
Owners approval, acceptance, use of or payment for all or any part of the Design Professinnal~s Services hereunder or of the Project itself shall in
no way alter the Design Professional's obligations or the Owners 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 Conlmctofs schedules or failure to cany out the work in accordance with the Contract L'~acuments except insofar as such failure may result
from Design professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 The Design Professional shall review and approve or take other appropriate action upon Contractors submittals such as Shop Draw'rags,
Product Data and Samples for the purpose of (1) determining compliance with applicable ina, s, 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 conWactors, while allowing
sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantifies or for substantiating instmctinns 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 constitote approval of safety precautions or, unless
otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design
Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional
certification of performance characteristics of n~aterlais, systems or equipment is reqdired by the Contract Documents, the Design Professional shall
be enfided to rely upon such certification to establish that the materials, systems or equipment will meet the performance ca'iteria required by the
Contract Documents.
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2.6.9 The Design Professional shall assist the Owner in the preparation ~f Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessm3' 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 shall assist the Owner in the authorization of 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.
2.6.10 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor
under the inquirements of the Contract Documents on w~ttsn request of either the Owner or Contractor. The Design Professinnal's response to
such requests shall be made with reasonable promptness and within any time limits agreed upon.
2.6.11 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 in/tial decisions, the Design Professional
shall endeavor to secure faitlfful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so
rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligance.
2.6.12 The Design Professional shall render written decisions within a masonshle time on all claims, disputes or other matters in question between
the Owner and Contractor relating to the execution or prog~ss of the work as provided in the Contract Documents.
2.6.13 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner
for all damages directly caused by the Design Professional not meeting the Degree of Care, but not costs that would have been borne by the Owner
if the error or omission had not been made; and (3) by acknowledging payment by the Owner of any fees due, shall not be released fi.om any rights
the Owner may have under the Agreement or diminish any of the Design professional's obligations thereunder.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Ag~ement or Proposal, and they shallbe
paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2
and 3.4 shall only be provided if ~uthorized or confirmed in writing by thc Owner. If services described under Contingent Additional Services in
Section 3.3 are required doe to circumstances beyond the Desig~ Professional's control, the Design Professional shall notify die Owner in writing
and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing
that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services.
Owner will be responsible for compensating the Design professional for Contingent Additional Services only if they arc not required due to the
negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 ff more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one o~'
more Project Representatives to assist in carrying out such additional on-sita responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design professional, and the Design Professional shall be com-
pensated therefor as agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Dmwinga, Specifications or other documents when such revisions are:
1. inconsistent with approvais or instructions previously given by the Owner, including revisions made necessary by adjuslments
in the Owner's pmgeam or Project hadge~;
2. reqaired by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owners failure to render deeisinn in a timaly manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the
Owner'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 connection with Change
Orders and Construction Change Directives.
3.3.4 Providing consultation concerning replacement ofworl~ damaged by fire or other cause during constmchon, and furnishing services required
in connection with the replacement of such work.
3.3.5 providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by
failme of performance of either the Owner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is
par~y thereto.
3.3.8 Providing services in addition to those re~quired by Article 2 for p~paring 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 contrm'y, all s~:rvices described in this
Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by
the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the coropensation
due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design
Professional's obligations under this Subsection 3,3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4. l providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospeedve sites.
3.4.3 Providing special surveys, e~nviro~mentul studies and submissions required for approvals of governmental authorities or others having
jurisdiction over the project.
3.4.4 Providing services relative to future facilities, systems aod equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Ownea~s own forces and coordinaliou of services required
in connection with construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of materinl, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materinls or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and
maintenance manuals, training personnel for o~ratinn and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture,
ftmaishings and related cquipmcnt.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of foe final Ceatifinate for Payment and expiration of
the Warranty period of the Contract for Construction,
3.4.15 providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project
provided as 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
architectaml practice.
3.4.1'7 preparing a set of repmducibla record drawings showing significant changes in the work made during constn~cfion based on marked-up
prints, drawings and other data furnished by thc Contractor to the Design Professional.
3.4.18 Notwithsteoding anything containod in the Agreement, Proposal or these General Conditiuns to the contrary, ail services described in this Palinle 3
that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design
Professional as a part of the Basic Services under fac Agreement with no additional compensation above and beyond the compensation due the
Design Professional for thc Basic Services. The intervening or concurrent negligence of the Owner shall not limit thc Design Professional's
obligations under this Subsection 3.3.9.
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ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2)
schedule and design conslraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems
and site requirements, as more specifically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owflefs other costs and reasonable
contingencies related to all of these costs.
4.3 ff requested by the Design Professin~al, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owners
obligations under this Agreement.
4.4 The Owner shah designate a representative authorized to act on the Owners behalf with respect to the Project. The Owner or such authorized
representative shall render decisions in a timely 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.
4.5 Where ~pplicable, the Owner shall flauish surveys describing physical characteristics, legal limitations and mihty locations for the site of the
Project, and a written legal description of the site. The surveys and legal information shall inalmie, as applicable, 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 eontoum of the site; locations, dimensions and neeessa~' data pertaining to existing buildings, other improvements and
trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
Ali the information on the survey shall be referenced to a project benelunark-
4.6 Where applicable, the Owner shall fi~ish the services of geotechnieal engineers when such services are requested by the Design Pmfessinnal.
Such servines may include but are not limited to test borings, test pits, determinations of soil bearing values, pereolabon tests, evaluations of
hazardous materials, ground corrosion and resistiC~ty tests, including necessmy operations for anticipating sub-soil conditions, with repom and
appropriate professional reeommendefions.
4.6.1 The Owner shall fu.mish the services of other consultants when such services are reasonably required by the scope of the Project and are
requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner sh~lI furnish stmctaral, mechanical, chemical, air and water pollution tests, tests of
hazardous materials, and other laboratoxy and environmenlal tests, inspections and reports requhad by law or the Contract Documents.
4.8 The Owner shall furnish ail legal, accounting and insurance counseling services as may be necess~j at any time for the Project, including
auditing services the Owner may require to verify the Contractors Applications for Payment or to ascertain how or for what purposes the
Con tractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fimfished at the Ownegs expense,
and the Design Pmfessinnal shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the par~ of the
Design Professional.
4. I0 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or
nonconformance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design
Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner
agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement.
ARTICLE $ CONSTRUCTION COST
S.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design
Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials fumlahed by the Owner and equipment designed,
specified, selected or specially provided for by the 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 does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land,
rights-of-way, financing or other costs which are the responsbility of the Owner as provided in Article 4.
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5.2 RESPONSIBILITY FORCONSTRUCT1ON COST
5.2.1 Evaluations of the Owner's Project budgnt, praliminmy estimates of Construction Cost and detailed estimates of Construction Cost prepared
by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction iudustU. it is
recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Con-
tractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and
does not warrant or represent that bids or cost proposals will not vary from the Owner's project budget or from any estimate of Conslraetinn 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, unless such fixed limit has been agreed upon in writing and signed by the parties thereto, ffsuch a fixed limit has been established,
the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equip-
merit, component systems and types of construction are to be included in the Contract Doenments, to make reasonable adjustments in the scope of
the Project and to include in the Contract Documents alternate bids to adjust the Constmclion Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Constmclion.
5.2,3 ff the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction.DoCUments t~ the
Owner, any Project budget or fixed limit of Constmclion Cost shall be adjusted t~ reflect changes in the general level of prices in the construction
indusUy between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 60WNERSI-IIP AND USE OF DOCUMENTS
6.1 The Drawings, Spealfications and other documents prepared by the Design Professional for this Project a~ instruments of the Design Professional's
service and shall become thc property of the Owner upon termination or completion of the Agreement. The Design Professional is entided to retain copies
of~fll such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at
Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or
for other purposes than are specified in the Agreement, the Design Professional is released from any and all llabdity relating to thch' use in that projcct
6.2 Submission or distribution of documents to meet offi(ud regulatoiy requirements or for similar purposes in connection with the Project is not to be
construed as publication in derogation of the Design Professional's reserve, d rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in
accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or
without cause upon thirty 00) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease
immediately upon Design Professional's reealpt of such nmiee. Before the end of the fairty (30) day period, Design Professional shall invoice the Owner
for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys,
and other data related to the Project shall become property of the Owner upon temainafion of the Agreement and shall be promptly delivered to the Owner
in a reasonably organized form~ Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design
Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services sadsfaetofily
performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide
for expenses incurred in the interruption and resumption of the Design Professional's so.does.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is
permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate
the Agreement by glx;mg written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be
considered substantial nonperformance and cause for termination.
7.5 ffthe Owner fails to make payment to Design Professional within thirty (30) days of receipt ora statement for ser~flces properly and satisfactorily
performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 in the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and
satisfactorily performed prior to termination.
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ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Pernanan~ Expense is defmed as the direct sa~mies ~f the Design Pmfessi~nal~s pers~nne~ engaged ~n the Pr~je~t and the p~i~~n ~fthe
cost of their mnadato~ and customary contributions nad benefits related thereto, such as employment taxes and other statuto~ 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 thc following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance
communications; and fees paid for securing approval'of authorities having jurisdiction over the Project
8.2.1.2 Expense ofreprodacfinas (except the reproduction of thc sets of documents re fcmnced in Subsection 2.6.19), postage and handling
of Drawings, Specifications and other documents.
8.2.1.3 ffauthorizedin advance by the Owner, expense of overtime work requirthg higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computcr-aidad design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
83 PAYMENTS ON ACCOUNT OF BASIC SERV][CES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of -
service, on the basis set foflh in Section 2 of the Agreement and the schedule of work.
8.3.2 frond to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional,
compensation for any services rendered during the additional poriod of time shall be computed in the manner set forth in Section 2 of the
Agreement.
8.33 When compensation is based on a percentage of Construction Cost and any portions of the Project me deleted or otherwise not constructed,
compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the
schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent
prellminav] estimate of Construction Cost or detailed estimate of Comtmcfion Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.l Payments on account of the Design Professional's Additional Services nad for Reimbumable Expenses shall be made monthly within 30 days
after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred~
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or
other sums winhhald from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is
responsible.
8.6 DESIGN PROFESSIONAL'S ACCOU~qrlNG RECORDS Design Professional shall make available to Owner or Owner's auttmrized
representative records of Ralmbursable Expenses and expenses pemining to Additional Services and services performed on the basis of a multiple of Dkcct
Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Coaificate of Payment, or until nay
litigation related to the Project is final, whichever date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify nad save and hold harmless the Owner and its officers, agents, and employees from and against any and
all liability, claims, demnads, damages, losses, and expenses, including, hut not limited to com~ 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 performance of the Agreement.
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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 expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the' Agreement, Design Professional shall maintain the
following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Coramissinn or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
/0.1 Comprehensive General Liability insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than
$2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the
aggregate.
10.2 Automobile Liability Insurmace with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident,
and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation insurance in accordance with statuto~ requirements, and Employers' Liability Insurance with limits of not less than
$100,000 for each accident including occupational disease.
10.4 Professional Liability insurance with limits of not less than $1,000,000 annual aggregate.
t0.5 The Design Professional shall f~rnish insurance certificates or insurance policies to the Owner evidencing insurance in complianc~ with this
Article 10 at the time of the execution of the Agreement The General Liability and Automobile Liability insurance policies shall name the Owner as
an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a
provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In
such event, the Design Pmfessinnal shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of
insurance meeting the requirements of fi-As Pa'ticle 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
ILl TheAgrcementshallbegnvemedbythelawsoftheStateofTexas. Venueofanysuitorcauseofacilonunder the Agreement shall lie exclusively in
Denton County, Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their pothers, successors, assigns and legal ~epresentafives to the other party to
this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The
Design Professional shall not assign its interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in
Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all
prior negotiations, representations or agreements, either written o~r oral. The Agreement may be amended only by written instrument signed by both Owner
and Design Professional. When interfering the Agreement the executed Agreement, Proposal, these General Conditions and the other a~chments
referenced in Section 3 of the Agreement shall to the extent that is reasonably poss~le be read so as to hannoulze the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order.
1. The executed Agreement
2. The Proposal, including Scopo of Services
3. Attachments referenced in Section 3 of the Agreement other than the Proposal
4. These GenemiPmvisions
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
er Design Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the fight to uicinda representations of the design of thc Project,
including photographs oftha exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's
materials shall not incinde the Owners confidential or proprietmy information if the Owner has previously advised the Design Professional in writing of tho
specific information considered by the Owner to be confidential or proprialaty. The Owner shall provide professional credit for the Design Professional on
thc construction sign and in the pmraetional materials for thc Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responalbihty and liability of thc Design Professional, its employees,
associates, agents, subcontractors, and sub-consultants for the accuracy and competency of their designs or other work; nor shall such approval bc
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deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its
employees, subcontractors, agents, and consultants.
IL7 All notices, communications, and repmts 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, ce~fied 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 witlfin
three (3) days after mailing.
l t.8 if any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered
severable fi'om the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable2 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 ail federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered
herannder as they may now read or hereinafter be amended during the term of.this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age, or physical handicap.
ll.il The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the
Agreement.
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EXHIBIT A
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
CLEAR CREEK INTERCEPTOR AND WATER REUSE LINE
FOR THE CITY OF DENTON
OCTOBER 15, 2002
GENERAL: The City of Denton Clear Creek Interceptor and Water Reuse Line Project (the Project) will include the
following facilities:
· Approximately 15,000 linear feet of 30 to 36-Inch Gravity Sewer Interceptor
· Approximately 14,000 linear feet of 30 to 33-Inch Gravity Sewer Interceptor
· Approximately 4,000 linear feet of 18 to 2 I-Inch Gravity Sewer Interceptor
· Approximately 14,000 linear feet of 12-inch Water Reuse Line
The Project will be designed and constructed as one construction contract. Ifa portion of the project is split into a
separate construction project, then additional compensation will be allowed at a fee to be determined.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development of the
Project:
A. PRELIMINARY PHASE
Upon execution of this AGREEMENT, FNI shall:
1. Consult with OWNER: (i) to review the scope of services, (2) to verify OWNER's requirements for the
Project, and (3) to review available data.
2. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and
assist OWNER in connection with any such services.
FNI will provide preliminary route selection maps with up to two altemate routes. The mapping shall
include properties and topographic information. Review up to three (3) different flow rate projections for
both alignments and size the interceptor for each flow rate. FNI will prepare flow rates, however the City
will furnish projected population densities.
After approval of the route and line size, FNI will proceed with the preliminary phase. FNI will proceed
with the field route selection for the Clear Creek Interceptor and the Water Reuse Line. Based on the final
route selection, FNI will revise the pipe profile and line sizing as required. FNI will study the hydraulics of
the water reuse line and make recommendations regarding its size and pressure class. FNI will prepare
opinions of probable construction cost and recommendations for the alternatives studied. FNI will meet
with the OWNER to review and walk the route. Estimates of the cost of land and rights-of-way,
compensation for or damages to properties and interest and financing charges will be provided by OWNER
or others so designated by OWNER. In arriving at its opinion of probable construction cost for the Project,
FNI will include the estimates furnished by OWNER and will have no responsibility to determine the
accuracy or validity of these estimates.
5. Prepare preliminary design documents consisting of final design criteria, preliminary drawings and
conceptual design information.
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6. Based on the information contained in the preliminary design documents, submit a revised opinion of
probable Project Costs.
7. Furnish five (5) copies of the above preliminary design documents and present and review them with
OWNER.
B. DESIGN PHASE: Upon approval of the preliminary design documents, FNI shall provide professional
services in this phase as follows:
1. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts of
improvements to be constructed. Attend four meetings ~vith the OWNER to review the project
2. If specifically authorized in writing by the OWNER, FNI will provide special services, including
environmental services, surveying services, geotechnical services, and miscellaneous special services as
described hereaften FNI will advise OWNER of any other special services and the retention of special
consultants.
The cost of other special services shall be paid by OWNER and are not included in the services performed
by FNI.
3. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits
requir6d by local, state and federal authorities. Preparation of applications and supporting documents for
government grants or for planning advances is an Additional Service.
4. Submit drawings, specifications, and Construction Contract Documents to the applicable federal and state
agency(s) for approval, where required, including permit applications for road crossings.
5. Furnish such information necessary to utility companies whose facilities may be affected or services may
be required for the Project.
6. Prepare revised opinion of probable construction cost.
7. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed.
8. Furnish OWNER five (5) sets of copies of drawings, specifications, and bid proposals marked
"Preliminary" for approval by OWNER. Upon final approval by OWNER, FNI will provide OWNER
three (3) sets of copies of "Final" drawings and one set of reproducible drawings. FNI will furnish an
electronic copy of the final bid drawings so that the OWNER may prepare record drawings after the
construction phase.
C. BID PHASE. Upon completion of the design services and approval of"Final" drawings and specifications by
OWNER, FNI will proceed with the performance of services in this phase as follows:
1. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed
in FNI=s database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to
bidders for OWNER to use in notifying construction news publications and publishing appropriate legal
notice. The cost for publications shall be paid by OWNER.
2. Send one (1) copy of Bid Documents to TCEQ, if required.
3. Assist Owner by responding to questions and interpreting bid documents. Prepare addenda to the bid
documents to forward to OWNER for distribution, if necessary.
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CONSTRUCTION PHASE: Upon completion of the bid phase services, FNI will proceed with the
performance of construction phase services as described below. FNI will endeavor to protect OWNER in
providing these services however, it is understood that FNI does not guarantee the Contractor% performance,
nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be
responsible for the means, methods, techniques, sequences or procedures of construction selected by the
Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the
work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any
person (except its own employees or agents) at the Project site or otherwise performing any of the work of the
Project.
These services are based on the use of EJCDC standard General Conditions for construction projects. The
OWNER agrees to include provisions in the construction contract documents that will require the construction
contractor to include FNI and their subconsultants on this project to be listed as an additional insured on
contractor=s insurance policies.
I. Attend a pre-construction conference. The Owner will conduct the meeting and prepare minutes.
2. Establish communication procedures with the OWNER and contracton All communications between FNI
and the Contractor will be through the OWNER.
3. Review contractor's submittals, including, requests for information and shop drawings in accordance with
the requirements of the construction contract documents for the projects.
FNI will attend the pre-construction meeting and one final inspection visit. In addition, FNI will make two
(2) visits to the site (as distinguished from the continuous services of a Resident Project Representahve) to
observe the progress and the quality of work and to attempt to determine in general if the work is
proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to
protect the OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. Visits to the site in excess of the specified number are an additional
service.
Provide general recommendations to the OWNER for the work of testing laboratories and inspection
bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality
control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the
services to be performed by FNI.
Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and
studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or
materials or deviations from the drawings and specifications is an additional service.
Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of
defective or deficient work of the contractor or other deviations from the construction contract documents
requested by the contractor and approved by the Owner are an additional service. Substitutions of materials
or equipment or design modifications requested by the OWNER are an additional service.
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8. Conduct, in company with OWNER's representative, one final review of the Project for conformance with
the design concept of the Project and generaI compliance with the Construction Contract Documents.
Visiting the site to review completed work in excess of one trip is an additional service.
ARTICLE H
SPECIAL SERVICES:
SURVEYING: FNI will retain and monitor the efforts of a surveying firm (Gorrondona and Associates)
to provide the following services:
Provide deed research for the preparation of easement documents. (This task does not include title
research)
· Provide survey control along the pipeline route in a coordinate system approved by the Owner, and
comlSatible with other pipeline projects.
· Prepare metes and bounds easement descriptions for each private tract. A separate description will
be prepared for both permanent and temporary easements. For budgeting purposes, a maximum of
twelve tracts are estimated (24 Easement Documents). Payment for parcel descriptions shall be on a
per parcel basis. If more than twelve parcels are required (24 Easement Documents), then additional
compensation will be required, for not only the cost for easement preparation on a per each basis but
also for the cost of additional field work.
· Provide topographic survey for a 100-foot width along the pipeline routes for up to 33,000 linear
feet. Topographic survey will not include individual tree surveys.
· Provide survey ties to major utility lines, as located by the utility ovmers.
GEOTECHNICAL ENGINEERING: FNI will provide a sub-consultant to perform drilling and
laboratory testing. The scope and fee will be negotiated at a later time.
ENVIRONMENTAL PERMITTING: FNI will provide office research and a field review of the pipeline
route, to determine if any environmental permits are required. Based on this field review, FNI will prepare a
memorandum to the OWNER, indicating the conclusions of the analysis and noting if any additional actions
are required. It is anticipated that no environmental permit notifications will be needed for the project and
the Project may be covered by Nationwide Permit No. 12. If environmental permit applications, in-depth
environmental studies or archeological studies are required, then these activities would be an additional
service.
ARTICLE III
ADDITIONAL SERVICES: Additioaal Services to be performed by FNI, if specifically authorized in writing
by OWNER, which are not included in the above-described basic services, are described as follows:
A. GIS mapping services or assistance with these services.
B. Making revisions to drawings, specifications or other documents when such drawings are 1) consistent
with approvals or instructions previously given by OWNER or 2) due to other causes not solely within
FNI
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the control of FNI.
Providing consultation concerning the replacement of any Work damaged by fire or other cause during
the construction, and providing services as may be required in connection with the replacement of such
Work.
Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of force
account construction performed by OWNER.
Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of
equipment at any site remote to the project or observing tests required as a result of equipment failing the
initial test.
Preparing Operation and Maintenance Manuals or conducting operator training.
Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during
the Construction Phase.
Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations
from the drawings and specifications.
Except as indicated in Article II, Paragraph C, providing environmental support services including the design
and implementation of ecological baseline studies; environmental monitoring; impact assessment and
analyses; permitting assistance; preparation of a 404 permit application, including pre-construction
notification for a Nationwide Permit, request for authorization under regional general permit or letter of
permission procedure, or preparation of an individual permit application form, such as USACE ENG FORM
4345; preparation of applications for other permits that are identified by the study; detailed wetland
delineation in accordance ~vith the USACE's 1987 Wetland Delineation Manual; archeological and historical
properties investigations; consultation in writing, by telephone, or in person with the USACE or other
regulatory agencies; surveying of water bodies by a Registered Public Land Surveyor; or preparation of a
compensatory mitigation plan.
Performing investigations, studies, and analysis of ~vork proposed by construction contractors to correct
defective work.
Design, contract modifications, studies or analysis required to comply with local, State, Federal or other
regulatory agencies that become effective after the date of this agreement.
Services required to resolve bid protests or to rebid the projects for any reason.
Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination
meetings, or contract completion activities.
Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete the work within the contract time.
Providing services after the completion of the construction phase not specifically listed in Article I.
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Providing basic or additional services on an accelerated time schedule. The scope of this service include cost
for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or
reproduction costs directly attributable to an accelerated time schedule directed by the OWNER.
Providing services made necessary because of unforeseen, concealed or differing ~ite conditions or due to the
presence of hazardous substances in any form.
Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of FNI.
Providing value engineering studies or reviews of cost savings proposed by construction contractors after
bids have been submitted.
Provide follow-up professional services during Contractor=s warranty period.
Provide a surge model for the water re-use pipeline.
ARTICLE IV
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT ahd agrees to complete the services in accordance with the following schedule:
· Complete Preliminary Design Report and Route Selection by December 20, 2002.
· Complete surveying and easement documents by May 19, 2003.
· Complete design plans and specifications by July 21, 2003.
The above schedule is based on a notice to proceed not later than November 6, 2002. If the notice to proceed is
delayed, the schedule will be adjusted.
IfFNI's services are delayed through no fault ofFNI, FNI shall be entitled to adjust contract schedule consistent with
the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory
reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. If these delays are
excessive,- then FNI reserves the right to negotiate additional compensation for additional services related to the delay
ARTICLE V
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the
services of FNI:
Designate in writing a person to act as OWNER's representative with respect to the services to be rendered
under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive
information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project.
Provide all criteria and full information as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any
budgetary limitations; and furnish copies of all design and construction standards which OWNER will require
to be included in the drawings and specifications.
Assist FNI by placing at FNrs disposal all available information pertinent to the Project including previous
reports and any other data relative to design or construction of the Project.
FNI
H:\Clcar Creek Intercepta'\Con trac tKScape4.doc CO-6 OWNER__
ATTACHMENT CO
Arrange for access to and make all provisions for FNI to enter upon public and private property as required for
FNI to perform services under this AGREEMENT, including preparing and obtaining Right-of-Entries for
engineering, surveying and geotechnical activities. Identify Landowners and provide contacts for coordination
of field work. If conditions are muddy, the driller will delay drilling until conditions improve. Provide or pay
for any towing required due to soft ground conditions impassable to four-wheel-drive and tracked equipment
and any clearing or grading necessary for access. Repair or compensate property owners for any damage,
including but not limited to crop damage, rots, and cracked slabs, caused by normal access and operation of
exploration equipment.
Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by
FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for
such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay
the services of FNI.
Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such
approvals and consents from others as may be necessary for completion of the Project.
Provide title investigations and title insurance, if deemed necessary by the OWNER.
Provide such accounting, independent cost estimating and insurance counseling services as maybe required for
the Project~ such legal services as OWNER may require or FNI may reasonably request with regard to legal
issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as
OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are
complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing
the work.
Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job
related meetings and substantial completion inspections and final payment inspections.
Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of
any Contractor. The OWNER will attempt to give 48 hour written notice to the Design Professional if the
OWNER becomes aware of any errors or omissions in the design work.
Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article IH of this
AGREEMENT or other services as required.
Provide easement acquisition services.
Bear all costs incident to compliance with the requirements of this Article V.
Provide land use and population projections to allow master planning of the gravity interceptor. Provide flow
criteria for the water re-use pipeline. The OWNER, or his consultant for the wastewater treatment plant, will
provide design of surge control devices at the water re-use pump station.
The Owner will reproduce the bid documents, distribute to bidders, suppliers, and plan rooms, distribute
addenda, and maintain a log of planholders. The Owner will open, tabulate, analyze bids and recommend
award of contracts. The Owner will prepare the construction contract for execution by the Contractor and
Owner and will furnish copies of the contract documents to FNI, Owner, and Contractor.
H:\Clear Creek lnterceptcr\Contract\Scope4.dec CO-7
FNI
OWNER
AT!rACHMENT CO
The OWNER will provide an OWNER's representative during the construction phase. The representative
will be the first point of contact with the Contractor. The representative will receive and distribute all
submittals and maintain a submittal log. The Owner's representative will review and approve payment
requests. The Owner's representative will prepare change orders and field orders. The Owner's
representative will review all claims by the Contractor. The Owner's representative will prepare all punch-
lists and follow-up inspections. The OWNER will prepare record drawings based on information furnished
by the construction contractor.
H:\Clear Creek [ntemeptcr\Contract\Scape-4.doc
C0-8
FNI
OWNER
FEE PROPOSAL SUMMARY
DENTON CLEAR CREEK INTERCEPTOR AND WATER REUSE LINE
BASIC SERVICES - PRELIMINARY DESIGN =
BASIC SERVICES - DESIGN PHASE =
BASIC SERVICES - CONSTRUCTION PHASE =
TOTAL BASIC SERVICES =
SPECIAL SERVICES DESIGN SURVEY =
SPECIAL SERVICES EASEMENT PREPARATION
@ $880 PER DOCUMENT (12 PERMANENT AND 12 TEMPORARY) =
SPECIAL SERVICES GEOTECH & DRILLER =
SPECIAL SERVICES ENVIRONMENTAL REVIEW =
TOTAL BASIC AND SPECIAL SERVICES
$50.000 Lump Sum
$160.000 Lump Sum
$23.500 Lump Sum
$233,500 Lump Sum
$137,500 Cost Plus Not to Exceed
$21.120 Cost Plus Not to Exceed
$25,000 (Budget Amount -Scope and Fee
to be determined after route selection)
$14,000 Cost Plus Not to Exceed
$431.120
LU
< c ~oC=~o
~ ~ o×
DENTON CLEAR CREEK INTERCEPTOR AND WATER REUSE LINE
2/4/2002
UNIT TOTAL
ITEM DESCRIPTION QTY UNITS PRICE AMOUNT
1 30-INCH INTERCEPTOR 14000 LF $120.00 $1,680,000.00
2 18-INCH INTERCEPTOR 19000 LF $75.00 $1,425,000.00
3 i12-1NCH REUSE LINE 14000 LF $40.00 $560,000.00
4 BORE FOR 30-INCH PIPE 200 LF $480.00 $96,000.00
5 BORE FOR 18-INCH PIPE 100 LF $180.00 $18,000.00
6 BORE FOR 12-INCH PIPE 20¢ LF $120.00 $24,000.00
7 SS MANHOLES 4¢ EA $2,500.00 $100,000.00
8 12 INCH VALVES 2 EA $1,500.00 $3,000.00
~c GATE/FENCING 20 EA $2,000.00 $40,000.00
1C TRENCH SAFETY 47000 LF $2.00 $94,000.00
1 BLOWOFFS EA $4,000.00 $4,000.00
12~AIR VALVES 4 EA $5,000.00 $20,000.00
13 MISCELLANEOUS LS $750,000.00 $750,000.00
TOTAL $4,814,000.00
* Miscellaneous items include appurtenances, creek crossings, restoration, etc.
Plan Preparation
DENTON CLEAR CREEK INTERCEPTOR AND WATER REUSE LINE
Basic Services - Final Design
Sheet KVV~N NCL FN
No. Items and Tasks PM EIT DRAFT
(hrs) (hrs) hrs)
1 Cover Sheet 1 2 z
2 _ocation Map and Index 1 2 2
3 Legend and General Notes 2 2 4
4 Reuse HGL Sheet 4 4 14
5 to 28 Interceptor P&P (24 Sheets) 96 192 314
29 to 38 Reuse P&P (10 Sheets) 40 80 120
39 Trench Details 4 8 10
40 to 43 Appurtenance Details 12 24 30
44 Pipe Gate and Sign Details 2 2 4
45 to 47 Bore and Casing Details (3 Sheets) 12 18 3(3
48 Miscellaneous Details 4 8 10'
49 Blocking Details 2 8 10
Total 180 350 550