2002-116ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (]?SA) WITH TEAGUE NALL AND PERKINS, INC. FOR
ENGINEERING DESIGN OF THE MAYHILL ROAD BRIDGE - PECAN CREEK, AS SET
FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2816 -
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN OF THE MAYHILL
ROAD BRIDGE - PECAN CREEK TO TEAGUE NALL AND PERKINS, INC. FOR A TOTAL
AMOUNT OF $125,700).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. That the City Manager is hereby authorized to enter into aprofessional service
contract with Teague Nail and Perkins, Inc., to provide professional architectural and related services
for the Mayhill Road Bridge-Pecan Creek, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
2-ORD - PS^ 2816 ~ay~ Road Bridge
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the 26th day of March, 2002, by and between the
City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKirmey Street,
Denton, Denton County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 235 W. Hickory, Suite 100, Denton, Texas 76201 hereinafter called "Design Professional,"
acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as
follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an
independent contractor. The Design Professional hereby agrees to perform the services as described herein and
in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section
3, in connection with the Project. The Project shall include, without limitation,
Engineering Services for Mayhill Road Bridge at Pecan Creek -- Attachment A, including
Exhibits A, B and C
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SECTION 2.
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $_82,800 .
2.1.2 Progress payments for Basic Services shall be paid in the following mounts for of the
total compensation for the Basic Services satisfactorily completed at the end of the following
phases of the Project:
Preliminary Preparation Phase
Preliminary Design Phase
Final Design Phase
Construction Phase
$ 2,000
$ 7,400
$67,4OO
$ 3,000
2.1.3 For Special Services - See Attachment - Exhibit B, Page 2
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services see Attachment C, Wh/ch includes the fee/rate
schedule
2.2.2 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.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of__ 1.10
times the expenses incurred by the Design Professional, the Design Professional's employees and
consultants in the interest of the Project as defined in the General Conditions but not to exceed a
total of $__3,000 without the prior written approval of the Owner.
SECTION 3
ENTIRE AGREEMENT
Tiffs 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 Architectural or Engineering Services.
2. The Design Professional's Proposal - Attachment A
3. Attachments A through C.
This Agreement is signed by the parties hereto effective as of the date first above written.
AT/~fiST: . ~x~
JI~N N~FER WAJ~TF~S, 0ITY/~SE~ RETARY
CITY OF DENTON
M4"'CHAEL A. CONDUFF
CITY MANAGER
BY: Gary L. Vickery, P.E
Denton Office Manage
WITNESS:
CITY OF DENTON
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GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineers services consist of those services for the Project (as defined in the agreement (the
"Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or
Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in
Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards
consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the
same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of
Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly
progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's 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 jurisdiction over the Project. Time
limits established by this schedule and approved by the Dwner shall not, except for reasonable cause, be exceeded by the
Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2,1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2
through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical
engineering services and any other engineering services necessary 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 (See Exhibit A for further Clarification)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owner's needs and to establish the requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner'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 The 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, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Constraction 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 (See Exhibit A for further Clarification)
23.1 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 prepare for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which
shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner'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 Owner 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 Exhibit A for further Definition and Clarification)
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the
Project or in the construction 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 the
construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement
information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and
contractor.
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2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary 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 Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project.
2.5 CONSTUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following 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 m the Project including without limitation, the
competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of
the construction contract is in the sole discretion of the Owner,
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in
the approved Detailed Statement of Probable Construction Costs of the Project 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
Owner 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 construchon cost set forth in the approved Detailed Statement of Probable Construction 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 provide detailed administration of the Contract for Construction as set forth below.
For design professionals the administration shall also be in accordance with AtA document A201, General Conditions of
the Contract 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, unless otherwise provided
in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be
restricted, modified or extended without written agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise anti consult with the Owner (1) during
construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in
the Contract for Construction. The Design Professional shall have authority m act on behalf of the Owner only to the
extent provided in the Agreement and these General Conditions, unless otherwise modified by written 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 Owner 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 performing all Services under the Agreement. The Design Professional shall promptly correct any
defective designs or specifications furnished by the Design Professional at no cost m the Owner. The Owner's approval,
acceptance, use of or payment for ali or any part of the Design Professional's Services hereunder or of the Project itself
shall in no way alter the Design Professionals obligations or the Owners rights hereunder. (See Exhibit A which clarifies
and states actual site visit requirements.)
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 Professionals 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 Except as may otherwise be provided in the Contract Documents or when direct communications have been
specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by
and with the Design Professional's consultants shall be through the Design Professional.
2.6.gBased on the Design Professional's observations at the site of the work and evaluations of the Contractors
Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor.
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2.6.10 The Design Professionals certification for payment shall constitute a representation to the Owner, based on
the Design Professional's observations at the site as provided in Subsection 2,6.5 and on the data comprising the
Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work
is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional.
The issuance of a Certificate for Payment shall thrther constitute a representation that the Contractor is entitled to
payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the
Design Professional has (I) reviewed construction means, methods, techniques, sequences or procedures, or (2)
ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
(Omit 2.6A0 Not Applicable for this Agreemen0 The Design Professional will assist with any questions in regard to the
items in 2.6.10.
2,6.11The Design Professional shall have the responsibility and authority to reject work which does not conform to the
Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the
intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of
the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed
or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to
exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing
portions of the work.
2.6.12The 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 (I) determining compliance with applicable laws,
sta~ates, ordinances and codes; and (2) determining whether or not the work, when completed, within compliance with
the requirements of the Contract Documents. The Design Professional shall act with such reasonable prompmess 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 determining the accuracy and completeness of ether details 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 constimta 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 materials, systems or equipment is required by the Contract
Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems
or equipment will meet the performance criteria required by the Contract Documents.
2.6.13The Design Professional shall prepare Change Orders 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 written 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
compliance with the requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the
Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or
Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within
any time limits agreed upon. Omit this paragraph 2.6.15
2.6,16Interpretations 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 ail the provisions of this Agreement and in the absence of negligence.
2.6.17The Design Professional shall render written decisions within a reasonable time on ail claims, disputes or other
matters in question between the Owner 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 Owner for alt damages caused by the defective designs the Design Professional prepares; and (3) by
acknowledging payment by the Owner of any fees due, shah not be released from any rights the Owner may have under
the Agreement or diminish any of the Design Professional's obligations thereunder.
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2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reproducible prints showing all
significant changes to the Construction Documents during the Construction Phase. The reproducible prints will be based on
information provided to the Design Professional by others.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included iii Basic Services unless so identified in the Agreement or
Proposal, and they shall be 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 authorized or confirmed in
writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to
circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and
shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner
indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shatl
have no obligation to provide those services. Owner 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 PROJECT REPRESENTATION BEYOND 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 shalI be selected, employed and directed by the Design Professional, and the Design
Professional shall be compensated therefore as agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1.inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary
by adjustments in the Owners program or Project budget;
2.required 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 Owner'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 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 of work damaged by fire or other cause during construction, 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 failure of performance of either the Owner or Contractor under Ihe Contract for Construction,
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 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 performed 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 o~' the Owner shall not limit the Design Professional's
obligations under this Subsection 3.3.9.
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3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental auth-
orities or others having jurisdiction over the Project,
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof,
3.4.6 Providing 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 Owner's own forces and
coordination of services required in connection with construction performed and equipment supplied by the Owner,
3.4,8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing
facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation
of operation and maintenance manuals, training personnel for operation and maintenance and consultation during opera-
tion.
3.4.13 Providing interior design and similar services required for or in connection 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 expiration of the Warranty period of the Contract for Construction.
3.4.15Providing services of consu[tents 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 architectural practice.
3.4.17Preparing a set of reproducible record drawings in addit/on to those required by Subsection 2.6.19, showing
significant changes in the work made during construction based on marked-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 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 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 with the Design Professional regarding requirements for the Project, including (t) the
Owners objectives, (2) schedule and design 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 Project, including the Construction Cost, the Owner's
other costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shati furnish evidence 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 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.
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4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility
locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall
include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent
drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the
site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and frees; and
information concerning available utility services and lines, both public and private, above and below grade, including
inverts and depths, All the information on file survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by
the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil
bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including
necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
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 shall furnish structural, mechanical, chemical, air and water
pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports
required by law or the Contract Documents.
4,8 The Owner shall furnish all legal, accounting and insurance counseling services as maybe necessary at any time for
the Project, including auditing services the Owner may require to verify 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 Owner.
4,9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished
at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof
in the absence of any negligence on the part of the Design Professional.
4.10The 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 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 designed
or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner
and equipment designed, specified, selected or specially 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 responsibility of the Owner as
provided in Article 4,
5.2RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owners Project budget, preliminary 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 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 does not
warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of
Construction Cost or evaluation prepared or agreed to by the Design Professional. (See Exhibit A)
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 d~e parties
thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for
design, bidding and price escalation, to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project
and to include in
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the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction
Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are
instruments of the Design Professionals service and shall become the property of the Owner upon termination or
completion of the Agreement. The Design Professional is entitled to retain copies of alt 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 liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved
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 (30) days prior written notice
to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon
Design Professional's receipt of such notice. Before the end of the thirty (30) day period. Design Professional shall
invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for
lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the
Owner upon termination of the 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 satisfactorily performed prior to notice of such suspensiom When the Project is resumed, the
Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and
resumption of the Design Professional's services.
7.3 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 giving 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 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for
services properly and satisfactorily performed, the Design Professional may, upon seven days written notice 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.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct 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.
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8.2.1.1 Expense of te~msportatlon 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 of reproductions (except the reproduction of the sets of documents referenced in Subsection
2.6,19), postage and handling of Drawings, Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner,
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
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 forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of
the Design Professional, compensation for any services rendered during the additional period of time shall be computed in
the manner set forth in Section 2 of the Agreement,
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services arc
performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the
lowest bona tide bid or (2) if no such bid or proposal is received, the most 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 Professionals Additional Services and for Reimbursable 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 Professionals compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cast 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 performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular
business hours for three years after the date of the final Certificats of Payment, or until any litigation related to the
Project is final, whichever date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnity 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 performance 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
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 to do business in the State of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate Carriers 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 $i00,000 for each
occurrence and not less than $100,000 in the aggregate.
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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 accident, and with property damage limits of not less than $i00,000 for each accident·
10.3 Worker's Compensation Insnsance m accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $I00.000 for each accident including occupational disease.
10.4 Professional Liability Insurance w~th limms of not less than $1,000,000 almual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance
in compliance with tiffs Article 10 at the time of the execution of the Agreement~ The General Lizbflity and Autot~lobile
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, a ~d each policy shall contain a provlsthn that such insurance sha
not be canceled or modified without thmy (30) days' prior written notice to Owner and Design Prot}ssionaL In such
event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner w~th
substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the
Agree~nent shall lie exclusively in Denton County, Texas.
ll.2 The Owner and Design Professions respect ve y, bind themselves, their parmers, successors, assigns and lega
representatives to the other party to this Agree~nent and to the partners, successors, assigns and legal representatives of
3uch other party with respect to all covertures of this Agreement, The Design Professional shall not assign its thterests in
the Agreement without the wrmen consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and
other attachmems referenced in Section 3 of the Agreement which together represent the enttse and lmegrated agreement
between the Owner and Design Professional and supersedes al prior negotiations, representauons or agreements, either
written or ora The Agreement may be amended only by written instrument signed by both Owner and Design
Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the
other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to
harmonize the provisions, fIowever, 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
Attachments referenced in Section 3 of the Agreement other than the Proposal
These General Provismns
4. The Proposal
11.4 Nothing conmthed 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 Deslgn Professional.
11.5 Upon receipt of prior written approval of Owner. the Design Professional shall have the right to include
representations of the design of the Project. including photographs of the exterior and interior, among the Design
Professmnal's promononal and professional materials. The Design Professlonal'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 informahon considered by the Owner to be confidential or proprlmary. The Owner shall provide professinnal
credit for the Design Professional on the construction sign and in the promotional materials lbr the Proiect..
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibihty and liability of the Design
Professional lB employees, associates, agents, subcontramors, and subconsultants for the accuracy and competency of
their cteslgns or other work; nor shall such approval be deemed to be an assumption of SUCh responsibility by the Owner
for any defect in the design or other work prepared by the Design Professional its employees, subcontractors, agents,
11.7 All notices communications and reports requ red or permitted under the Agreement shall be personally delivered
or mailed to the respective parties by depositthg same in ~e United Sta es mail to the address sho~vn be ow signature
block on the Agreement. cer ified mai. return receipt requested, unless otherwise specified herein, All notices shall be
deemed effecti~,e upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or
unenforceable, it shall be considered severable t~onl the remainder of the Agreement and shall not cause the remainder to
be invalid or unenforceable. In such even[, tile parties shall rethrm the Agreement to replace such stricken provision with
a valid and enforceable provision g hich comes as close as possible [o expressing [ne intention of the stricken provismn.
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11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hereinafter be amended.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person
on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive
terms or conditions of the Agreement.
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ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
BASIC SERVICES
PROJECT DESCRIPTION
This project includes the preliminary analysis and design of a new bridge on Mayhill Road at Pecan Creek that
will pass the flow from a fully developed conditions 100-year storm (the design storm) and elevate the roadway
to above the design storm water surface. It is intended that the bridge to be constructed will be designed to be a
part of the eventual construction of a secondary arterial (4-1ane divided) roadway.
The scope of Basic Services generally consists of the preparation of detailed plans and specifications for the
bridge and associated paving, drainage and utility improvements. Special Services such as field design surveys,
right-of-way document preparation, regulatory permitting, hydraulic analysis and preparation of a Letter of
Map Revision (LOMR), and geotechnical investigations will also be provided, as described in Exhibit 'B'.
GENERAL
A. Basis for Scope of Services
The following assumptions were used by the ENGINEER for the preparation of the scope of Basic Services for
this project:
The City of Denton has indicated it will provide an aerial topo of the project limits in electronic
format. It is our understanding that this topo will be developed with one-foot contour interval
accuracy. The ENGINEER will not be responsible for the accuracy of the topo provided. TNP
will perform some field verification to assess the accuracy of the topo and its suitability for use
for design purposes.
Because the topographic data to be provided will generally be accurate to with/n+/- one-
half foot, ENGINEER will conduct field surveys to more accurately tie key features, such as
curbs and pavement near all anticipated tie-in points.
Minimal impacts are expected to Pecan Creek, as the proposed bridge will easily span the
creek. Section 404 permitting for the creek crossing will be based on one Nationwide 14
permit. For purposes of this proposal, it is assumed that the .impacts to the streams can be
limited to less than 200', which will eliminate the need for a Preconstruction Notification to the
Corps of Engineers. Therefore, the 404 permitting effort will consist of notifying the Corps of
Engineers after construction is complete. In the event that stream impacts cannot be limited as
indicated, preparation of a PCN will be performed at hourly rates as Additional Services.
The project will be designed and constructed in accordance with the City of Denton Standard
Specifications, the Drainage Design Criteria Manual, February 2002 and the Transportation
Design Criteria Manual, February 2002.
Exhibit A-Page 1
It is the understanding of the ENGINEER that the total budget for design and construction of
this project is $1,000,000. An Estimate of Probable Construction Cost will be made during the
Preliminary Design Phase, and adjustments to the actual limits of construction wilt be made at
that time to maintain adherence to the budget. The CITY will advise ENGINEER of any costs
related to the project that must be included in the project budget other than those shown in this
proposal. It does not appear at this time that the budget is sufficient to design and construct
one-half of a secondary arterial concrete street that will be completely above the fully
developed conditions 100-year storm.
Right-of-way acquisition may be necessary due to the embankments at each end of the bridge
caused by the necessary elevation of the bridge. Preparation of right-of-way documents (2) is
included in this proposal, but acquisition efforts are not.
A LOMR is amicipated for this crossing, but no Conditional Letter of Map Revision (CLOMR)
is anticipated. The fee shown herein for the LOMR is based on the assumption that the
construction is in conformance with the construction plans and hydraulic models.
It is assumed that the proposed bridge will be generally constructed in existing right-of~way in
the approximate location of the existing culvert, necessitating extensive closure of Mayhill
Road during construction.
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. Project Management, Administration and Coordination
The ENGINEER will establish a work program and schedule for each subconsultant, as
necessary, at the beginning of each phase of the project. The ENGINEER will be responsible
for the coordination, supervision, review and incorporation of work performed by
subconsultants.
The ENGINEER will prepare exhibits for two (2) public meetings relative to the project, and
will assist City staff in conducting these meetings. It is expected that one meeting will be held
during the Preliminary Design Phase, and another just prior to the Construction Phase.
D. Data Collection
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.
A location map/schematic plan will be provided to the affected utility companies by the
ENGINEER. 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.
Exhibit A-Page 2
The ENGINEER wilt make every effort to obtain as-built, record and/or future plans for the
following facilities in the project area including:
g.
h.
i.
Culverts
Roadway
Water Lines
Sanitary Sewer Lines
Storm Drain Lines
Telephone and Cable TV Underground and/or Overhead Lines
Electric Underground and/or Overhead Lines
Gas Lines
Other Utilities Known to Serve the Project Area
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.
The ENGINEER will identify potential utility conflicts and provide this information to utility
companies.
PRELIMINARY PREPARATION PHASE
A. Design Concept Conference
The ENGINEER will arrange a design concept conference with the CITY to establish design
guidelines, typical sections, design speeds and other criteria to be used on the project.
B. Hydraulic Analysis
The ENGINEER will make use of data previously developed for the Pecan Creek Master
Drainage Plan to determine 100-year flow based on ultimate watershed conditions. This will be
the project design storm.
The ENGINEER will use aerial topo supplemented with field cross sections to develop a
hydraulic model of the existing culverts and roadway, using both existing conditions flows
(FEMA) and the design storm flows.
The ENGINEER will model a new bridge that will convey the design storm with one-foot of
freeboard, and will elevate the roadway above the design storm~
The ENGINEER will develop a map depicting the impact of the proposed project on the
floodplain delineation and base flood elevations.
Exhibit A-Page 3
PRELIMINARY DESIGN PHASE
A. Devetop Schematic Plans
The ENGINEER will develop schematic plans that depict the ultimate Mayhill Road section, which is a
secondary arterial roadway, along with the two bridges necessary for Pecan Creek. These
schematic plans will consist of the following:
a. Plan view showing the lane configuration and connections to adjacent driveways.
b. Schematic profiles of the ultimate roadway
c. Typical sections reflecting the proposed profile and necessary embankment
d. Bridge layout and profile, with approximate pier locations.
The ENGINEER will develop schematic plans for the initial phase of construction, which wilt
consist of a two-lane roadway and bridge. These schematic plans will consist of the following:
a. Plan view showing the proposed location of the bridge, any necessary transitions to the
existing roadway, and connections to adjacent driveways
b. Schematic profiles of the initial phase of construction, showing the limits of
construction and the relationship of the roadway to the design storm water surface
elevation
c. Typical sections reflecting the proposed profile and necessary embankment.
B. Determination of Scope of Initial Construction
The ENGINEER will prepare an Estimate of Probable Construction Cost for the initial phase of
construction. The ENGINEER will meet with the CITY to establish the final scope of the initial
phase of construction based on the schematic plans and the Estimate of Probable Construction
Cost. At this stage the scope of the initial phase of construction will be adjusted as necessary to
accommodate the project budget. Adjustments may include changes in construction materials,
revised limits of permanent and temporary construction, or modification of project objectives.
The ENGINEER and CITY will agree on a scope of construction and project budget, based on
any adjustments as indicated above. The ENGINER will proceed with preparation of
construction plans based on the agreed upon scope of construction and budget. However, the
ENGINEER will not warrant that bids received for construction of the project, if designed in
accordance with the above (and with subsequent agreed upon revisions necessary during
design), will not exceed the project budget.
FINAL DESIGN PHASE
A. Bridge and Roadway Design
The ENGINEER will develop a preliminary design of the proposed bridge and roadway improvements
for the initial phase of construction (two lanes). The preliminary design will include the
Exhibit A-Page 4
proposed horizontal and vertical alignments. These plan sheets will be at a 1 =20' scale and
contain topographic information, existing and proposed right-of-way lines, existing
underground utilities at locations of conflict, locations of driveways, typical sections, roadway
baselines, pavement edges, a bridge layout and sections, pier locations, 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 pavement 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 100 foot
intervals. Upon completion, the preliminary design will be submitted to the CITY for review.
The preliminary design must be approved by the CITY prior to the start of the final design
phase.
The ENGINEER will prepare cross-sections along roadways at 100-foot intervals and will
extend to the proposed right-of-way limits. These cross-sections will form the basis for the
determination 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 Roadway Design Elements
1. A project title sheet will be prepared as required and included in the plans.
Project Layout sheets will be prepared at a uniform scale which clearly indicate the limits of
the entire project and the main construction elements of the project.
Roadway typical sections will be prepared for paving sections along the various portions of the
project.
4. Roadway horizontal and vertical control and horizontal curve data will be shown on the plans.
Supplementary intersection layout information will be prepared to properly show the
relationship between the profiles of intersecting streets, where deemed necessary by the
ENGINEER.
Details will be developed as necessary, including bridge details, and paving, drainage, utility,
and miscellaneous details to describe the various types of construction when the CITY has no
pertinent standard details available.
Sturmwater Pollution Prevention Plans (SWPPP) will be prepared for the project. SWPPP
plans will describe the implementation of practices to be used to reduce the pollutants to storm
water discharges associated with the construction site. Standard City of Denton and NCTCOG
details for erosion control will be used as appropriate.
C. Drainage Plans and Details
Drainage area maps will be prepared at a scale of 1"=400', using available City of Denton
contour maps. Cross-culverts and storm drain systems will be located and sub-drainage areas
determined. The runoff to each culvert and storm drain system will be calculated in accordance
with the City of Denton Drainage Design Criteria Manual, February 2002.
Exhibit A-Page 5
2. Plan/profile sheets will be provided for new culvert and storm drain construction.
3. Miscellaneous drainage details will be prepared for any drainage related items, which are not
covered by the CITY's standard details.
D. Signing and Pavement Markings
1. The ENGINEER will develop signing and pavement marking layout sheets for the project at an
appropriate scale. These layouts will include baselines, pavement edges, right-of-way lines,
pictorially depicted signs with their locations, pavement markings and buttons with
dimensioning, culverts and other structures which may present a hazard to traffic, and proposed
delineators and object markers.
E. Preliminary Quantities and Opinion of Probable Cost
1. Project quantities will be calculated and tabulated based upon the preliminary design for
inclusion in the bid proposal and the preliminary opinion of probable cost.
2. The ENGINEER's opinion of probable construction costs will be prepared for the entire project
using current unit cost data. These opinions of cost will be provided on the basis of
ENGINEER's experience and professional judgment, but will not imply any warranty that final
bids might not vary from the cost opinions provided, since neither the ENGINEER nor the
CITY have any control over market conditions or bidding procedures.
F. Submit Preliminary Plans for Review
1. Submit up to five (5) sets of preliminary plans for CITY review.
2. Submit plans to utility companies for review.
3. Meet with the CITY to review and discuss the results of the preliminary design phase, as
necessary.
G. Prepare Final Design Plans
1. Incorporate CITY review comments and directives from the preliminary design plans in the
preparation of final construction plans.
H. Calculate Final Quantities and Prepare Final Opinion of Probable Cost
1. Revise the preliminary quantities and opinion of probable costs per changes in the final design
and CITY review comments.
Prepare Contract Documents and Specifications
i. Compile special provisions necessary for the project.
Exhibit A-Page 6
Compile specifications necessary for the project. Any special specifications will also be
prepared. The CITY will provide a copy of their standard specifications in digital format, if
available.
3. Compile and develop a list of general notes necessary for the project.
4. Prepare complete contract documents and specifications for bidding purposes.
J. Submit Final Plans, Specifications, and Contract Documents for CITY review
Submit up to five (5) sets of final bid documents for CITY review and approval.
Submit detailed drawings and plans/specifications to appropriate regulatory agency(les) and
utility companies and obtain clearance.
3. Meet with the CITY to review and discuss the results of the final design phase, as necessary.
BIDDING & CONTRACT AWARD PHASE
A. Advertising
1.
ENGINEER will assist the CITY in the advertisemem of the projects for bid. The CITY shall
bear the cost of advertisement. The ENGINEER shall provide all necessary printing of
construction plans, specifications and contract documents (up to 30 sets) for use in obtaining
bids, awarding contracts, and constructing the project. The CITY shall be responsible for
dispersing all plans and specifications from its pumhasing department to prospective bidders.
ENGINEER will provide technical support to the CITY during the Bidding & Contract Award
phase by responding to bidder and CITY questions, reviewing the bids, and making a
recommendation of award to the CITY.
CONSTRUCTION PHASE
B. Construction Observation and Contract Administration
The ENGINEER will provide limited construction observation and contract administration for the
project within the scope of Basic Services as outlined below. Detailed daily construction inspection will
be performed by the CITY. Any construction phase services requested by the CITY beyond those
described below will be provided as Additional Services.
1. Attend pre-construction conference.
2. Visit the site on an irregular basis as directed by the CITY, up to three visits.
3. Consult and advise the CITY; and prepare routine change orders as required.
Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of
material and equipment and other data which the Contractor is required to submit, only for
conformance with the design concept of the project and compliance with the information given
by the Contract Documents; and assemble written guarantees which are required by the
Contract Documents.
Exhibit A-Page 7
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
Special Services to be provided by the ENGINEER for this Project include Design Surveys, preparation of
Right-of-Way Documents, Geotechnical Investigations, preparation of Traffic Control Plans, preparation of a
LOMR, and preparation and submittal of 404 permit documents to the Corps of Engineers. The scope of work
for these Special Services are more generally described as follows:
DESIGN SURVEYS
A. Topographic Survey
ENGINEER will obtain vertical and horizontal control data used by CITY for the aerial survey.
This control data will be used for project control.
ENGINEER will gather limited data for use in verification of the aerial topo, including a partial
profile of Mayhill Road and one or more cross sections. If it is determined that the aerial topo
varies sigrfificantly from the field data, ENGINEER will notify CITY immediately to determine
a course of action.
ENGINEER will perform field design surveys to supplement the aerial topo to be provided by
CITY, particularly in areas where proposed improvements will tie into existing hard features
such as pavement. ENGINEER will tie improvements and topographic features horizontally and
vertically within the limits of the project that will be required to design and perform the work.
The survey will depict existing features adjacent to the project limits, including pavement,
curbs and other tie-in features. Data necessary to prepare cross sections of the proposed project
will be taken from the aerial survey. Surveys will show all visible existing improvements and
features within the proposed right-of-way limits throughout the project.
Tie the horizontal and vertical location of known underground utilities based upon available
information and "field locates" or markings provided by the utility companies. ENGINEER
will rely solely on the cooperation of the various utility compan/es and any information they or
the CITY make available.
Detailed horizontal and vertical information necessary to depict the existing culvert in hydraulic
models will be obtained.
Five cross sections of Pecan Creek (three downstream of Mayhill Road and two upstream) will
be taken in the field to supplement aerial data. These sections will extend 25 feet outside the
top of bank of the creek.
Horizontal control monumentation and vertical benchmarks for construction will be established,
as necessary.
B. Temporary
1.
Signs, Traffic Control, Flags, Safety Equipment, Etc.
The ENGINEER will exercise care in completing this surveying assignment by using traffic
control devices, flags and safety equipment when necessary.
Exhibit A-Page 8
BOUNDARY SURVEY AND PREPARATION OF RIGHT-OF-WAY ACQUISITION DOCUMENTS
A. Right-of-Way Documents for two (2) tracts
1. ENGINEER will locate and tie existing property corners where possible.
2. Deed research will be conducted, and the boundary analyzed to determine actual property lines.
3. A Right-of-Way map will be prepared for inclusion in the plans.
4. Individual documents for acquisition of right-of-way from the necessary tracts will be prepared,
but actual acquisition work is not a part of the scope of this agreement.
5. All boundary survey work and preparation of the ROW map and property documents will be
performed by or under the supervision of a Registered Professional Land Surveyor, and will be
performed in accordance with the minimum standards set forth by the Texas Board of
Professional Land Surveyors.
GEOTECHNICAL INVESTIGATIONS
(Note: Geotechnical Investigations will be performed by a sub-consultant under contract with the
ENGINEER. The ENGINEER shall coordinate with the geotechnical consultant and review test reports
and recommendations. A copy of the agreement between ENGINEER and CMJ Engineering, Inc. is
attached and made part of this agreement between CITY and ENGINEER))
A. Field Investigation
1. Five (5) borings will be taken at regular intervals along the length of the project, generally to a
depth of i0' to 20'. Two borings will be taken near the proposed Pecan Creek bridge, to a
depth of approximately 50'.
B. Laboratory Analysis and Report
1. Laboratory analysis will include moisture analysis, soil identification, Atterberg limits
determinations, unit weight determinations, unconfined compression tests and lime series tests.
2. Boring logs will be provided on ail borings, and a report summarizing the findings of the
analysis will be prepared.
3. Recommendations will be made for placement of fill material, for design of the bridge
foundations, and for slope stability on the embankment section, along with guidelines for
pavement design.
Exhibit A-Page 9
TRAFFIC CONTROL PLAN
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.
All temporary signs and pavement markings will be identified, along with necessary project
sequencing.
Traffic control plans will be in accordance with the Texas Manual of Uniform Traffic Control
Devices.
CORPS OF ENGINEERS 404 PERMIT
Data will be compiled both before and after design and construction for submittal to the Corps
of Engineers for a Nationwide 14 permit for the Pecan Creek crossing.
A brief report will be prepared during the preliminary design phase, outlining the nature of the
jurisdictional waters and the impacts of the project on these waters.
Upon completion of construction, notification will be submitted to the Corps outlining the
impacts of the project. For purposes of this proposal, it is assumed that the impacts to the
streams can be limited to tess than 200', which will eliminate the need for a Preconstruction
Notification to the Corps of Engineers. In the event that stream impacts can not be limited as
indicated, preparation of a PCN wilt be performed at hourly rates as Additional Services.
LETTER OF MAP REVISION (LOMR)
Models developed in the Preliminary Preparation Phase will be compiled and prepared for
submittal.
2. A work map and annotated FIRM map will be prepared based on the models.
3. All necessary FEMA forms will be completed.
Limited field verification will be conducted to ensure the construction was according to the
plans and models. In the event that significant variances are discovered during this verification,
a more extensive verification may be required, along with additional modeling to assess the
affect of the variances. This additional modeling and field verification will be performed by
ENGINEER at hourly rates as Additional Services.
Materials for submittal to FEMA will be submitted to CITY for review and processing through
FEMA. CITY will pay all necessary FEMA review fees.
Exhibit A-Page 10
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. Vertical and horizontal control used for the aerial survey.
Copies of construction plans and plats for developed property adjacent to the project.
5. Assistance in obtaining data from third party sources which is available to the CITY at no cost to the
ENGINEER.
6. Current City of Denton Standard Details, Specifications and/or Contract Document data, such as required
prevailing wage rates.
PROJECT SCHEDULE
Preliminary Preparation Phase
Complete within 3 weeks of Notice to Proceed
Preliminary Design Phase (including field surveys)
Complete within 8 weeks of CITY approval of results of Preliminary Preparation Phase
Final Design Phase - Preliminary Plans
Complete within 8 weeks of CITY approval of schematic plans
Final Design Phase - Final Plans
Complete within 14 weeks of CITY approval of Preliminary Plans (includes 2 weeks of CITY review
prior to completion of final Bid Documents)
Construction Phase
Will proceed with construction
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 1 t
ATTACHMENT '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:
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:
PRELIMINARY PREPARATION PHASE $ 2,000
PRELIMINARY DESIGN PHASE $ 7,400
FINAL DESIGN PHASE $67,400
CONSTRUCTION PHASE $ 3,000
Subtotal (Labor) $ 79,800
Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc. will be
reimbursed to the ENGINEER at his direct invoice expense plus 10% with a not-to-exceed amount of:
3. Total Fee for Basic Services
$ 37000
TOTAL (BASIC SERVICES)
$ 82,800
Exhibit B-- Page
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in EXHIBIT A, Itemized
Scope of Services, shall be considered Special Services, as identified in EXHIBIT A, Special Services to be
Provided by Engineer. The ENGINEER will be reimbursed for Special Services 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 Special Services identified in EXHIBIT A:
Design Surveys
Boundary Survey & Preparation
of R/W Documents
Geotectmical Investigations
Traffic Control Plans
COE 404 Permit Coordination
Letter of Map Revision
TOTAL (SPECIAL SERVICES)
$ 6,200
$ 7,200
$ 14,700
$ 3,800
$ 1,500
$ 9,500
$ 42,900
C. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope of Basic Services,
shall be considered Additional Services. No Additional Services are anticipated for this project. The
ENGINEER will be reimbursed for Additional Services, should they be requested, as described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of service provided, as
mutually agreed to by the ENGINEER and CITY; or labor of personnel employed by the ENGINEER
will be reimbursed on an hourly basis in accordance with EXHIBIT C, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc.
will be reknbursed to the ENGINEER at his direct invoice expense. Where appropriate, a not-to-
exceed amount will be established and agreed to for each item of service provided.
Exhibit B-- Page 2
SUMMARY OF FEES:
1. Basic Services
Labor
Direct Expenses
TOTAL (BASIC SERVICES)
$ 79,800
$ 3,000
$ 82,800
2. Special Services
Labor
$ 42,900
TOTAL (SPECIAL SERVICES) $ 42,900
3. Additional Services
Labor
Direct Expenses
$ To Be Determined
$ To Be Determined
TOTAL (ADDITIONAL SERVICES)
$ To Be Determined
Total Fees fbr Project
TOTAL FEES
$125,700
Exhibit B-- Page 3
ATTACHMENT 'C'
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2002 to December 31, 2002*
Enqineerinq/Technical From To
Principal $125
Office Manager $100
IT Manager $75
Senior Engineer $80
Engineer $65
Graduate Engineer $60
Senior Designer $65
Designer $50
Landscape Architect / Planner $75
CAD Technician $45
Intern Technician $35
Clerical $40
Resident Project Representative $40
$175 Per Hour
$120 Per Hour
$90 Per Hour
$120 Per Hour
$95 Per Hour
$90 Per Hour
$115 Per Hour
$70 Per Hour
$85 Per Hour
$75 Per Hour
$50 Per Hour
$60 Per Hour
$55 Per Hour
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
2-Person G.RS. 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
$100
$85
$65
$55
$85
$100
$12o
$12o
$14o
$85
$95
$115
Direct Cost Reimbursables
Photocopies $0.10/page
$0.20/page
$2.00/page
Plots $1 .00/page
$2.00/page
$2.00/page
$4.00/page
$4.00/page
Blueline Prints $2.00/page
Sepias $4.00/page
Mileage $0.36/mile
letter 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
all sizes
all sizes mylar or acetate film
All Subcontracted and outsourced services billed at actual cost plus 10%
* Rates shown are for calendar year 2002 and are subject to change in All subsequent years.
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Exhibit B-- Page 4