2001-040 ORDINANCE NO dO01- t9dO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE,
NALL AND PERKINS, INC, FOR ENGINEERING AND SURVEYING SERVICES
PERTAINING TO THE CONSTRUCTION OF THE MCCORMICK CHANNEL
IMPROVEMENTS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Caty Council deems it in the pubhc ~nterest to engage the firm of
Teague, Nall and Perkins, Inc, a Texas Corporation, of Denton, Texas ("TN&P"), to provide
professional engineenng and surveying services to the City pertaining to the construction of the
McCormack Channel Improvements, and
WHEREAS, the Caty staff has reported to the C~ty Council that there as a substantml need
for the above-described professional services, and that hmated Caty staff cannot adequately
perform the services and tasks w~th ars own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professaonal
Servaces Procurement Act", generally provades that a C~ty may not select a provader of
professional servaces on the basis of competatlve bids, but must select the prowder on the bas~s of
demonstrated competence, knowledge, and qualifications, and for a faar and reasonable price,
and
WHEREAS, the City Council has provided ~n the C~ty Budget for the appropriation of
funds to be used for the purchase of the professaonal services, as set forth an the Professaonal
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager as hereby authorized to execute a Professaonal
Services Agreement with Teague, Nall and Perkins, Inc, of Denton, Texas, for professional
enganeenng and surveying services pertaming to the McCormick Channel Improvements, in
substantially the form of the Professional Services Agreement attached hereto and incorporated
herewith by reference
SECTION 2 That the award of th~s Agreement by the Caty is on the bas~s of the
demonstrated competence, knowledge, and qualifications of TN&P and the abahty of TN&P to
perform the professional services needed by the City for a fmr and reasonable price
SECTION 3 That the expenditure of funds as provided ~n the attached Professaonal
Services Agreement ~s hereby authorized
SECTION 4 That th~s ordinance shall become effective ~mmedlately upon ItS passage
and approval
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documonts\Ordmances\O 1 \TN&P PSA M¢Corrmck Channel Ord doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING AND SURVEYING SERVICES
PERTAINING TO MCCORMICK CHANNEL IMPROVEMENTS
THIS AGREEMENT Is made and entered into as of the ~L~ day of
x ~4~4~'~ , 2001, by and between the City of Denton, Texas, a Texas Municipal
Cor~oratlon, vnth~ts principal offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter
"OWNER") and Teague, Nall, and Perkins, Inc, a Texas Corporation, with its offices at The Radio Center
Building, 235 West Hickory, Suite 100, Denton, Texas 76201 (hereafter "CONSULTANT"), the parties
acting herein, by and through their duly-authorized represematlves and officers
WITNESSETH, that in consideration of the covenants and agreements herein contmned, the parties
hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connectmn with the Project as stated ~n the
Articles to follow, with dlhgence and in accordance with the professmnal standards customarily obtmned for
such services m the State of Texas The professional servmes set forth here~n are ~n connection with the
following described project (the "ProJect")
Professional englneenng services perttumng to the preliminary design and final design of, the preparation of
construction plans and specifications for, geotechmcal services, 404 Wetland permitting, servmes during the
bidding process, the performance of related construction phase services, surveying services, and general
representation during construction for the McCormick Channel Improvements
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Servmes in a professional manner
A To perform those professional services as set forth in the "Scope of Services", regarding McCormick
Channel prepared by CONSULTANT for OWNER, which six (6) page document is attached hereto as
Extublt "A," and Is incorporated here~n by reference, which documem is comprised of, and subdivided
into the following two sections
Study Phase (Special Services)
Task I -Data Acqmsltlon / Review,
Task II - Field Design Surveys,
Task III - Modeling and Analys~s, and,
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Task IV - 404 Permitting
Design Phase (Basle Serwces)
Task I -Prehmmary Design,
Task II - Utility Coordination and,
Task III - Final Construction Plans / Specfficat~ons,
B If there is any conflict, or if any conflict arises between the terms of this Agreement and Exhibit "A"
attached to this Agreement, the terms and conditions of this Agreement shall control over the terms
and conditions of the Exhibit
ARTICLE III
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which
are not included as Basic Services or Special Services in the above-described Scope of Services, set forth as
provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall
determine, ~n writing, the scope of such additional services, the amount of compensation for such additional
services, and other essentml terms pertarmng to the prows~on of such additional servmes by the
CONSULTANT
ARTICLE IV
PERIOD OF SERVICE
Th~s Agreement shall become effective upon execution by the OWNER and the CONSULTANT and
upon the ~ssuance of a notice to proceed by the OWNER, and shall remmn ~n force and effect for the period
that may reasonably be reqmred for the completion of the ProJect, including Ad&t~onal Serwces, ff any, and
any reqmred extensions approved by the OWNER This Agreement may be sooner terminated ~n
accordance with the provis~ons hereof T~me Is of the essence ~n thts Agreement CONSULTANT shall
make all reasonable efforts to complete the services set forth here~n as expeditiously as posstble and to meet
the schedule reasonably estabbshed by the OWNER, substantially in accordance w~th the Schedule set forth
~n Exhibit "A" attached hereto, acting through ~ts Assistant C~ty Manager for Utd~t~es, or h~s designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" ~s defined as those expenses, ff any, ~ncurred by CONSULTANT ~n the
employment of others ~n outside firms, for services ~n the area of professional engineering, of
surveying, or for related serwces Any subcontractor or subconsultant bflhng reasonably
incurred by the CONSULTANT ~n connection with the ProJect shall be ~nvomed to OWNER by
CONSULTANT at the actual cost plus ten (10%) percent
2 "D~rect Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-
pocket expense reasonably incurred by the CONSULTANT in the performance of th~s
Agreement for long d~stance telephone charges, telecopy charges, messenger servmes, pnnt~ng
and reproduction expenses, out-of-pocket expenses for purchased computer t~me, prudently
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incurred travel expenses related to the work on the ProJect, and s~mllar incidental expenses
incurred m connection with the ProJect
B BILLING AND PAYMENT
For and m consideration of the professional services to be performed by the CONSULTANT herein,
the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic
Services tasks set forth in the Scope of Services as shown in Article II above, as follows
1 CONSULTANT shall perform its work on this Project in accordance with the provisions
of those tasks included in the Scope of Services set forth ~n Exhibit "A" attached hereto and
incorporated herevath by reference CONSULTANT shall perform the smd professional services
substantially in accordance wath the project schedule set forth in Exhibit "A" CONSULTANT shall
be prod for services rendered pursuant to the Agreement on the basis set forth in the "Compensation"
section of Exhibit "A", billed monthly CONSULTANT shall bdl from time sheets, at the hourly rates
and at the expense rates provided for in the "Summary of Fees" set forth in Exhibit "B" OWNER
agrees to pay to CONSULTANT for its professional services performed, for its Subcontractor
Expense, and for its Direct Non-Labor, out-of pocket expenses incurred in the ProJect, an amount of
fees and expenses totaling $61,540
2 Partial payments to the CONSULTANT will be made monthly in accordance vath the
statements reflecting the actual completion of the Basic Services, rendered to and approved by the
OWNER through 1ts Assistant City Manager for Utahtles, or has designee However, under no
circumstances shall any monthly statement for services exceed the value of the work performed at the
time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not-
to-exceed amount until satisfactory completion of the ProJect by the CONSULTANT
3 Nothing contained in this Article shall reqmre the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or
which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this
Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any
time when the CONSULTANT is in default under this Agreement
4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require addmonal payments by the
OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated
herelnabove, without first having obtmned the prior written authorization from the OWNER
CONSULTANT shall not proceed to perform any services to be later provided for under Article III
"Additional Services" without first obtmmng prior written authorization fi.om the OWNER
C ADDITIONAL SERVICES For addltaonal services authorized in writing by the OWNER in
Article III herelnabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of
Charges Payments for additional services shall be due and payable upon submission by the
CONSULTANT, and shall be in accordance with Article V B herelnabove Statements for Basic
Services and any additional services shall be submitted to OWNER no more frequently than once
monthly
D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for services and
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expenses wtthtn s~xty (60) days after receipt of the CONSULTANT'S undtsputed statement thereof,
the amounts due the CONSULTANT wall be tncmased by the rate of one percent (1%) per month from
and after the smd SlXtaeth (60th) day, and ~n addition, thereafter, the CONSULTANT may, after g~wng
ten (10) days written notice to the OWNER, suspend servtces under th~s Agreement tmtd the
CONSULTANT has been prod ~n full for all amounts then due and owtng, and not d~sputed by
OWNER, for services, expenses and charges Provxded, however, nothing here~n shall reqmre the
OWNER to pay the late charge of one percent (1%) per month as set forth herem, ~f the OWNER
reasonably determines that the CONSULTANT's work ~s unsatisfactory, ~n accordance w~th Arttcle V
B ofth~s Agreement, and OWNER has nottfted CONSULTANT of that fact ~n wnttng
ARTICLE VI
OBSERVATION AND REVIEW OF TIlE WORK
The CONSULTANT will exermse reasonable care and due diligence ~n d~scovenng and promptly
reporting to the OWNER any defects or defictenc~es in the work of the CONSULTANT or any of tts
subcontractors or subconsultants
ARTICLE VII
OWNERSI-IIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or
subconsultants) pursuant to tlus Agreement are ~nstruments of service and shall become the property of the
OWNER upon the tenmnatlon of tlus Agreement The CONSULTANT ~s entitled to retmn cop~es of all
such documents The documents prepared and furmshed by the CONSULTANT are intended only to be
apphcable to th~s project and OWNER's use of these documents tn other projects shall be at OWNER's sole
risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than
specffied hereto any of the lnfonnatton or materials developed pursuant to th~s Agreement, CONSULTANT
~s released front any and all habfl~ty relating to their use in that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall prowde serwces to OWNER as an independent contractor, not as an employee
of the OWNER CONSULTANT shall not have or claim any right arising from employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall ~ndenmtfy and save and hold harmless the OWNER and its officials,
officers, agents, attorneys and employees from and against any and all habthttes, claims, demands, damages,
losses and expenses, including but not hmtted to court costs and reasonable attorney fees ~ncurred by the
OWNER, and including w~thout hm~tat~on, damages received or sustmned for bodily and personal injury,
death, or property damage, resulttng from, and proxtmately caused by the neghgent acts or omissions of the
CONSULTANT or tts officers, agents, subcontractors, subconsultants, and/or employees tn the execuuon,
operatton, or performance of thts Agreement
Nothmg tn th~s Agreement shall be construed to create a hab~llty to any person who ~s not a party to
thts Agreement and notlung herein shall wmve any of the party's defenses, both at law or equity, to any
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cltum, cause of action or htlgatlon filed by anyone not a party to this Agreement, including the defense of
governmental lmmumty, which defenses are hereby expressly reserved
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall mmntmn the
following insurance with an insurance company licensed to do business m the State of Texas by the State
Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-"
or above
A Comprehensive General Lminhty Insurance with boddy ~njury 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 hmlts of not
less than $100,000 for each occurrence and not less than $100,000 In the aggregate
B Automobile Liability Insurance with bochly injury hm~ts of not less than $500,000 for each person and
not less than $500,000 for each accident and with property damage limits for not less than $100,000
for each accident
C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liainhty
Insurance with limits of not less than $100,000 for each accident
D Professional Llabthty Insurance w~th limits of not less than $2,000,000 annual aggregate
E CONSULTANT shall furnish insurance certificates or ~nsurance policies to the OWNER to evidence
such insurance coverage The insurance pohc~es shall name the OWNER as an add~tmnal insured on
all such policies to the extent that is legally possible, and shall contain a provision that such insurance
shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and
CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or
cancellation of coverage, deliver copies of any such substitute policies, fumlsinng at least the same
policy hmlts and coverage, to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part,es may agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other means of alternate dispute resolutaon such as mediation No arintratlon or alternate
dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may
include the other party to the disagreement without the other's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other provision of tins Agreement, either party may terminate this Agreement by
providing tinrty- (30) days advance written notice to the other party
B This Agreement may alternatively be terminated in whole or in part in the event of either party
substantially fathng to fulfill its obhgat~ons under this Agreement No such termination will be
5
effected unless the other party is given (1) written notice (delivered by cemfied mml, return receipt
requested) of intent to terminate and setting forth the reasons spemfylng the nonperformance or other
reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportanlty for
consultation with the terminating party prior to termination
C If this Agreement is tenmnated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of termination
from OWNER, and shall render a final bill for services to the OWNER vathln twenty (20) days after
the date of tenmnatlon The OWNER shall pay CONSULTANT for all services properly rendered
and satisfactorily performed, and for reimbursable expenses prior to notice of termination being
received by CONSULTANT, m accordance with Article V of this Agreement Should the OWNER
subsequently contract vath a new consultant for the continuation of servmes on the Project,
CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant
If apphcable, OWNER shall allow CONSULTANT a reasonable ume to transition and to mm over the
ProJect to a new consultant CONSULTANT shall mm over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but
may mmntam copies of such documents for its files
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other work performed pursuant to this
Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by
the OWNER for any defect in the design or other work prepared by the CONSULTANT, its pnnc~pals,
officers, employees, agents, subcontractors, and subconsultants
ARTICLE XIV
NOTICES
All notices, eommumcatlons, and repons required or penmtted under this Agreement shall be
personally dehvered to, or telecopled to, or marled to the respective parties by depositing same in the United
States mall at the addresses shown below, postage prepaid, certified mml, return receipt requested, unless
otherwise specified herein
To CONSULTANT To OWNER
Teague, Nall, and Perkins, Inc City of Denton, Texas
Gary Vlckery, P E Michael W Jez, City Manager
The Radio Center Bmldmg 215 East McKlnney
235 W Hickory, Suite 100 Denton, Texas 76201
Denton, Texas 76201
Fax (940) 383-8026 Fax (940) 349-8596
All notices given under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given
ARTICLE XV
ENTIRE AGREEMENT
Th~s Agreement consisting often (10) pages and three (3) exhibits constitutes the complete and final
expression of the Agreement of the parties and ~s ~ntended as a complete and exclusive statement of the
terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discuss~ons, commumcat~ons, understandings, and agreements which may have been made ~n
connection w~th the subject matter ofth~s Agreement
ARTICLE XVI
SEVERABILITY
If any provision of th~s Agreement ~s found or deemed by a court of competent jurisdiction to be
~nvahd or unenforceable, ~t shall be considered severable fi'om the remmnder of th~s Agreement, and shall
not cause the remmnder to be ~nvahd or unenforceable In such event, the part~es shall reform th~s
Agreement, to the extent reasonably possible, to replace such stricken provision w~th a valid and enforceable
prowsmn whmh comes as close as possible to expressing the original ~ntent~ons of the part~es respecting any
such stricken prows~on
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply w~th all federal, state, local laws, rules, regulations, and ordinances
apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may
hereafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the servmes reqmred hereunder, the CONSULTANT shall not d~scnnnnate agatnst any
person on the bas~s of race, color, rehglon, sex, national ong~n or ancestry, age, or physical handmap
ARTICLE XIX
PERSONNEL
A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred to
perform all the servmes requrred under th~s Agreement Such personnel shall not be employees or
officers of, nor have any contractual relations w~th the OWNER CONSULTANT shall ~mmed~ately
~nform the OWNER in writing of any conflict of ~nterest or potentml conflict of ~nterest that
CONSULTANT may discover, or which may arise dunng the term ofth~s Agreement
B All services reqmred hereunder w~ll be performed by CONSULTANT or under ~ts d~rect supervts~on
All personnel engaged in performing the work prowded for ~n th~s Agreement, shall be quahfied, and
shall be authorized and permitted under state and local laws to perform such services
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ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in th~s Agreement and shall not transfer any ~nterest
~n thts Agreement (whether by ass~gmnent, novation or otherwise) wthout the prior written consent of the
OWNER CONSULTANT shall promptly notify OWNER m wrtt~ng of any change of ~ts name as well as
of any slgmficant change m ~ts corporate slmcture or m its operations
ARTICLE XXI
MODIFICATION
No wmver or modlficat~on of tlus Agreement, or of any covenant, condition, limitation herein
contained shall be valid unless m writing and duly executed by the party to be charged therewith No
ewdence of any wmver or modification shall be offered or received in evidence in any proceeding arising
between the parties hereto arising out of, or affecting this Agreement, or the rights or obhgatlons of the
partxes hereunder, unless such wmver or modification ~s m writing, duly executed The part,es further agree
that the provis~ons of th~s Artacle unll not be wmved unless as herein set forth
ARTICLE XXII
MISCELLANEOUS
A The followang exlublts are attached to, incorporated herewith by reference, and ~s made a part of th~s
Agreement for all purposes pertinent
Extublt "A" - "Itemized Scope of Services" [sm (6) page document]
Exhibit "B"- "Summary of Fees" [two (2) page document]
Exhth~t "C" - "Standard Rate Schedule" [one (1) page document]
B CONSULTANT agrees that OWNER shall, untd the expiration of four (4) years after the final
payment made by OWNER under th~s Agreement, have access to and the right to examine any d~rectly
pertinent books, documents, papers and records of the CONSULTANT lnvolmng transactions relating
to this Agreement CONSULTANT agrees that OWNER shall have access during normal working
hours to all necessary CONSULTANT faclllt~es and shall be prowded adequate and appropriate
working space In order to conduct examinations or audits in comphance w~th th~s Article OWNER
shall give CONSULTANT reasonable advance notice of all intended examlnatmns or audits
C Venue of any suit or cause of action under th~s Agreement shall he exclusively ~n Denton County,
Texas Th~s Agreement shall be governed by and construed ~n accordance w~th the laws of the State of
Texas
D For purposes of this Agreement, the part~es agree that the Project Manager shall be Gary Vmkery, P E
This Agreement has been entered into w~th the understanding, expectation, and the OWNER's
rehance, that the above-stated employee of CONSULTANT shall perform all or a s~gmficant port~on
of the work on the ProJect Any proposed changes regarding the change of the ProJect Manager or
other key personnel serving the OWNER on this ProJect, requested by CONSULTANT, respecting
one or more of the above-stated employees, shall be subject to the approval of the OWNER, which
approval the OWNER shall not unreasonably wathhold Nothing here~n shall hmlt CONSULTANT
from using other quahfied and competent members of its firm to perform the other incidental services
8
required here~n, under ~ts supervision or control
E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable
dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof
In accomphshing the Project, CONSULTANT shall take such steps as are appropriate to ensure that
the work involved is properly coordinated with any related work being canned on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all
available information pemnent to the Project, including previous reports, any other data relative to the
Project and arranging for the access to, and make all provisions for the CONSULTANT to enter In or
upon, pubhc and private property as reqmred for the CONSULTANT to perform professional services
under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely
upon information furnished to it by OWNER without the need for further inquiry or investigation into
such information
G The captions of this Agreement are for mformat~onal purposes only and shall not in any way affect the
substantive terms or conditions of this Agreement
IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this Agreement in
four (4) original counterparts, by and through its duly-authorized City Manager, and CONSULTBNT has
executed this ~greement by and through as duly-authorized undersigned officer on this the t~(;~ day
of x. ~L/.t/dM~-- ,2001
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By~~ -Michael 7Jez, C~/M~nager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
TEAGUE, NALL, AND PERKINS, INC
A Texas Corporatton
ATTEST
S \Our Documents\Contracts\01 \Tcague Nail & Perkins PSA doc
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EXHIBIT 'A'
ITEMIZED SCOPE OF SERVICES
GENERAL
The PROJECT w~ll ~nvolve ~mprovements to an ex~sbng channel, extending south
approximately 2,000 feet from the intersection of Wfllowwood and McCorm~ck Street
The ~mprovements w~ll be designed pnmanly to reduce erosion and fac~htate
maintenance, and secondanly to ~mpreve flood control
A The following assumptions were used by the ENGINEER (Teague Nail and Perkins,
Inc ) for the preparation of the scope of serwces for th~s project
1 We understand that the pnmary purpose of the project ~s to control erosion and
make conditions more conducive to regular maintenance by C~ty forces
Secondary ~mportance ~s placed on flood control In the course of the project, we
w~ll determine the ~mpacts of flooding on adjacent property and consider
~mprovements that w~ll enhance flood protection ~n addition to m~n~m~z~ng erosion
2 No Letter of Map Rews~on Is expected to be necessary, and accordingly ~s not
~ncluded ~n the scope of services
3 Water and wastewater ubhty relocabons are not anhc~pated, and accordingly are
not ~ncluded ~n the scope of design services as prowded ~n th~s contract The
ENGINEER shall obtain as-built plans from the C~ty to verify grades and Iocabons
for the design and construcbon of storm dra~n features Should the above-
mentioned ubl~t~es require relocabons the ENGINEER w~ll be available to perform
such design under separate contract
4 It is assumed that no additional easements or right-of-way will be necessary for
this project Accordingly, no boundary surveying, deed research or t~tle research
~s ~ncluded ~n this proposal The Agreement also does not include preparabon of
easements Readily idenbflable property monuments w~ll be tied dunng the
design survey
5 It ~s expected that a Corps of Engineers 404 permit will be required for th~s
project The ENGINEER will undertake Imt~al contact with the Corps, and will
prepare and submit a Pre-Construcbon Notlflcabon to the Corps, which w~ll
~nclude a Mlbgatlon Plan The M~bgat~on Plan w~ll be based on on-s~te m~bgat~on
only The fee indicated ~n this Agreement ~s based on the use of a Nationwide
Permit Should addlbonal or off-site mitigation be required, or ~f it is determined
by the Corps that an Ind~wdual Permit Is required, those additional services w~ll be
outside the scope of this agreement, and w~ll be rendered on an hourly basis We
expect that the permit will require as much as rune months for processing
Obwously, ~f a permit ~s not required, or ~f processing t~me vanes s~gmficantly from
that anticipated t~me, the construcbon schedule w~ll be ~mpacted accordingly
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6 L~m~ted geotechn~cal work ~s included as part of th~s Agreement Such
~nvestlgatlons w~ll be performed by a subconsultant under contract w~th the
ENGINEER The ENGINEER shall coordinate w~th the geotechn~cal consultant
and rewew test reports and recommendations
7 Construction plans, specifications and b~d documents will be prepared to enable
the City to sohc~t and receive b~ds from independent contractors to perform the
construction work Reproducbon costs shown are for reproduction of up to 25
sets of plans and b~d documents for bid sohc~tabon purposes Reproduction for
interim rewew ~s included ~n the fixed fee
8 No construction administration services are ~ncluded ~n th~s proposal
B The project has been d~wded ~nto two (2) phases of work Phase I - Study Phase,
Phase II - Design Phase
STUDY PHASE
The Study Phase will consist of field design surveys, I~m~ted geotechmcal
invesbgat~ons, hydraulic modeling of the existing channel under both ex~st~ng
and fully developed flows, cons~derabon of suitable alternabve design
solutions, preparabon of prehm~nary cost estimates, and recommendations for
the Design Phase Corps of Engineers 404 permit processing is also a part of
th~s phase, although ~t will be conducted at least ~n part during the Design
Phase
DESIGN PHASE
The Design Phase will ~nvolve preparabon of construction plans, specifications
and bid documents that will implement the selected alternative from those
~denbfled in the Study Phase
PROJECT TASK BREAKDOWN
The scope of services to be performed by the ENGINEER ~n each phase ~s as
follows
A STUDY PHASE (SPECIAL SERVICES)
1 DATA ACQUISiTION/REVIEW
a Meet w~th C~ty staff to verify and further define project requirements
and object~ves
b Perform field reconnaissance by walking the project area and
making field notes and, If needed, a photographic record of ex,sting
cond~bons
c Obtain readily available plans and maps for ex,sting ubllt~es which
may be affected by the work
d Obtain from the CITY any available plats, s~te plans, construction
plans for ex~st~ng or proposed development and/or ~mprovements
w~th~n and adjacent to the project site
e Obtain from the CITY any available hydrauhc models for the subject
stream
f Contact DIG-TESS (Texas Excavation Safety System) to request
field location of existing ut~ht~es In addition, investigate the
posslb~hty of the existence of other ut~hty owners that may be ~n the
project area as well, and contact them directly Such investigation
will include field observation, rewew of ex~st~ng as built plans, and
contact w~th CITY staff
g Engage a geotechnmal consultant to perform a hm~ted geotechnlcal
~nvest~gat~on for design purposes
h Review and evaluate the results of the geotechnlcal invest~gat~on
2 FIELD DESIGN SURVEYS
a Perform field design surveys to tie improvements and topographic
features horizontally and vertically within the project hmlts which will be
required to design and perform the work Easement preparation and
field surveying for easements on private property are not included The
survey w~ll depict ex,sting features within the project limits, including
pavement, fences, ut~hbes, trees, buildings and other features that w~ll
affect design and construcbon Suffm~ent data will be obtained to
prepare cross sections of the proposed project Surveys w~ll show all
v~s~ble ex,sting improvements and features w~th~n the r~ght-of-way hm~ts
throughout the project
b T~e the horizontal and vertical location of known underground ut~hbes
based upon available ~nformat~on and "f~eld locates" or markings
provided by the ut~hty companies ENGINEER will rely solely on the
cooperation of the various utlhty compames and any ~nformat~on they or
the CITY make available
c Finish floor elevations on approximately 8 to 10 houses adjacent to the
channel w~ll be obtained for comparison with Base Flood Elevations
determined in the study
d Obtain f~eld cross sections downstream of the project hm~ts to Rose
Lawn Road, and detail the ex,sting culvert at Rose Lawn These
secbons w~ll be taken at approximately 600' to 800' ~ntervals
e Locate existing plats for reference, and t~e ex~st~ng property corners,
13
where pracbcal, to estabhsh approximate property hnes adjacent to the
project Complete boundary surveying for conveyance of property is
not ~ncluded in the scope of services
f Compile base plan from field survey data at an appropriate horizontal
and vertical scale
3 MODELING & ANALYSIS
a Review available hydrologic data, venfy as needed, and develop
flow values for both existing conditions and fully developed
conditions
b Extend ex~st~ng hydrauhc models upstream as needed, using field
survey data for sections and wsual observabon to estabhsh
appropriate roughness coefficients
c Develop and rewew models reflecting ex~st~ng channel conditions,
consldenng flow velocities and companng water surface elevations
w~th fimsh floor elevations
d Investigate alternatwe designs, secbons and profdes for channel
~mprovements
e Develop prehm~nary cost estimates for alternabve designs
f Prepare a report outhn~ng the results of the analys~s and
recommend specific ~mprovements
4 404 PERMITTING
Meet w~th CITY staff dunng the Study Phase and again early ~n the Design Phase to coordinate
rm~tt~ng efforts As soon as practical after select~on of a design alternate, ENGINEER wdl prepare a
Pre-Construction Notification, including a M~t~gat~on Plan, for submittal to the U S Army Corps of
Engineers for rewew and approval
Coordinate w~th USACE to modify permit apphcabon, as necessary
B DESIGN PHASE (BASIC SERVICES)
1 PRELIMINARY DESIGN
a Based on the approved recommendations from the Study Phase,
prepare prehmmary design plans in accordance with the CITY
requirements The plans will include the following
1) Ex~st~ng ~mprevements and physical features,
2) Existing street/ground profiles,
3) Ex,sting and proposed drainage areas, patterns and calculations,
4) Ex,sting storm drainage and ut~ht~es crossings ~n close proximity
to the proposed improvements, based on pubhc records and field
surveys,
5) Proposed ut~hty hnes, ~nclud~ng the proposed Iocabon of valves,
services, manholes and other proposed features of the project,
both ~n plan and profile,
6) Proposed location and features of connections to ex~st~ng
utihbes,
7) Details of proposed improvements and appurtenances as
necessary to define the specific ~ntent/requ~rements of the
proposed design Standard C~ty details w~ll be used and/or
revised as appropriate
b Prepare prehm~nary op~mon of probable construction cost upon
complebon of the prehm~nary design
c Submit up to five (5) sets of plans, dated and stamped "prehm~nary" to
the CITY for rewew, d~scuss~on and comment
d Meet w~th CITY staff to review and d~scuss the results of the prehm~nary
design phase, as necessary
15
2 UTILITY COORDINATION
a After review by the CITY, provide ut~hty companies, ~nclud~ng franchised
utlht~es and p~pehnes w~th prehm~nary construction plans for the
purposes of coordinating possible ut~hty relocations
b Request from the ut~hty companies their best estimate of the t~me and
schedule required for any necessary adJustments or relocations
3 FINAL CONSTRUCTION PLANS/SPECIFICATIONS
a Incorporate CITY comments and d~rect~ves from the prehm~nary design
plans, ~n the preparation of f~nal construction plans, special provisions,
b~d proposal quantities, and techmcal specifications F~nal plans and
specifications w~ll be submitted to the CITY for rewew The ENGINEER
w~ll prowde plans, as needed, to ubhty companies for relocation
purposes
b The final plans w~ll conform to CITY standards and w~ll ~nclude, ~n
add~bon to the ~tems shown on the prehm~nary plans, the following
~nformat~on
1 C~ty t~tle page w~th wc~nlty map and ~ndex,
2 Project layout sheets,
3 Plan and profile sheets at an appropriate horizontal and
vertical scale
4 Special and standard details,
5 Erosion Control Plans,
c Prepare a f~nal oplmon of probable construction cost upon completion
of the final design which follows the ~tems hsted ~n the Proposal
d Submit up to five (5) sets of plans, b~d proposal quantities, special
prows~ons, and techmcal specifications to the CITY for final
review, discussion and comment
e Meet w~th the CITY staff to review and discuss the final design, plans
and specifications
f Address review comments and provide the CITY with a letter of
notification stating completion of the plans and related b~d
documents
g Prowde to the CITY one (1) set of mylar reproduclbles of the final
approved plans
EXHIBIT 'B'
SUMMARY OF FEES
BASIC SERVICES
Des~,qn Phase
Prel~minary Design $ 15,440
F~nal Design $ 13,100
Reproducbon of B~d documents $ 1,300
Subtotal Design Phase $ 29,840
SPECIAL SERVICES
Study Phase
F~eld Design Survey $ 15,600
Geotechmcal Invesbgat~on $ 2,400
Study & Recommendations $ 5,700
USACE 404 Permitting $ 8,000
Subtotal Study Phase $ 31,700
Total Basic Services Fee = $ 29,840
Total Special Services Fee = $ 31,700
Total Basic & Special Services for PROJECT $ 61,540
The fee shown for Basic Services is based on sOeClfiC ass~,mptlons regardlnR the nature and extent
of the necessary improvements These assumptions reoresent a reasonable maximum expected
scope of improvements. Uoon completion of the Study Phase, if the recommended improvements
differ si~mficanfl¥ from these ass.mptlons~ an adlustment in the fixed fee for the Basic Services
will be made B~cause the assumptions represent an exoected maximum scope of improvements,
it is expected that this adlustment, if any, will be to decrease the fixed fee for Basic Services Such
adiustment, if any. will be aereed uoon in wrltlmt by both the CITY and the ENGINEER prior to
commencing th~ work in the Design Phase of services Reproduction costs shown are for
reproduction of un to 25 sets of I~lans and bid documents for bid sobcltatlon purposes
This prolect will be performed on a Fixed Fee basis for the fees set forth above Additional services
not specifically included in the scope delineated in ~h~blt 'A' wdl be performed at the standard
hourly rates shown on Exhibit 'C'
Exhibit "C"
TEAGUE NALL AND PERKINS, INC
Standard Rate Schedule for Relmbursable/Multlpher Contracts
Effective after January 1, 2000
(Updated 317/00)
Engineering / Techmcal From To
Pnnc~pal $125 $150 Per Hour
Sen~or Engineer $75 $106 Per Hour
Engineer $65 $95 Per Hour
Graduate Engineer $55 $80 Per Hour
Semor Designer $65 $95 Per Hour
LandscapeArch~tect/Planner $65 $80 Per Hour
CAD Operator $40 $65 Per Hour
Draftsman $40 $65 Per Hour
Clerical $35 $55 Per Hour
Resident Project Representative $37 50 $50 Per Hour
Surveying From To
RPLS $75 $95 Per Hour
Semor SurveyTechmc~an $55 $65 Per Hour
Jumor SurveyTechmc~an $45 $55 Per Hour
2-Person F~eld Creww/Eqmpment $80 $90 Per Hour
3-Person F~eld Crew w/Equipment $100 $110 Per Hour
2-Person G P S Crew w/Equipment $120 $130 Per Hour
3-Person G P S Crew w/Equipment $140 $150 Per Hour
l-Person Robobc Crew w/Equipment $75 $85 Per Hour
2-Person Robotic Crew w/Equipment $95 $105 Per Hour
D,rect Cost Reimbursables
Xerox Cop~es $0 10/page
Plots (Full S~ze) $10 00/each
Plots (11" x 17") $2 50/each
Blue-hne Prints $1 00/each
Mylar Sepias $4 00/each
Mileage $0 31/mde