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2001-157S \Our Documents\OrdmancesWIMague Nall Perkins Ordinance doe ORDINANCE NO OI ~d~"`J 7 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE, NALL AND PERKINS, INC, FOR THE DESIGN OF HICKORY CREEK ROAD AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFECTIVE DATE (PSA 2670-PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF HICKORY CREEK ROAD AWARDED TO TEAGUE, NALL AND PERKINS, INC, FOR A TOTAL AMOUNT OF $215,700 00) 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 development 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The City Manager is hereby authorized to enter into a professional service contract with the Provider, Teague, Nall and Perkins, Inc, to provide for the design of Hickory Creek Road, 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 /Oday of 12001 EULINE BROCK, MAYOR STATE OF TEXAS § COUNTY OF DENTON b PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO HICKORY CREEK ROAD IMPROVEMENTS THIS AGREEMENT is made and entered into as of the t= day of 2001, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its p ncipal offices at 215 East McKinney 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-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, 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 connection with the Project as stated in the Articles to, follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") Professional engineering and surveying services pertaining to the preparation of construction plans and specifications, geotechmcal services, 404 permitting, services during the bidding process, the performance of related construction phase services, surveying services, right-of-way acquisition services, and general representation during construction for the Hickory Creek Road Improvements ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Scope of Services", regarding Hickory Creek Road prepared by CONSULTANT for OWNER, which twelve (12) page document is attached hereto as Exhibit "A," and is incorporated herein by reference, which document is comprised of, and subdivided into the following two sections Basic Services Preliminary Design Phase Final Design Phase Construction Phase Special Services Design Surveys Preparation of Right-of-Way documents Right-of-Way Acquisition Services Geotechnical Investigations Traffic Control Plans Corps of Engineers 404 Permit B If there is any conflict, or if any conflict arises between the terns of tins Agreement and Exhibit "A" attached to this Agreement, the terns 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, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Tune is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, substantially in accordance with the Schedule set forth in Exhibit "A" attached hereto, acting through its Assistant City Manager for Development Services, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, of surveying, or for related services Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER by CONSULTANT at the actual cost plus ten (10%) percent "Direct 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 this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in 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 tlus Project in accordance with the provisions of those tasks included in the Scope of Services set forth in Exhibit "A" attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the project schedule set forth in Exhibit "A" CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in Exhibit "B", billed monthly CONSULTANT shall bill monthly based on CONSULTANT'S estimate of the percentage of the task 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 $215,700 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Development Services, or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the tune 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 tjus Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Development Services 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 additional payments by the OWNER for any charge, expense or reimbursement above the fixed fee amount as stated hereinabove, without first having obtained 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 obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, 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 heremabove, at the rates shown in Exhibit "C" Statements for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT; If the OWNER fails to make payments due the CONSULTANT for services and 3 expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or fiumished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in 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 specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services 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 indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liabilities, 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 received or sustained for bodily and personal injury, death, or property damage, resulting from, and proximately caused by the negligent acts or omissions of the CONSULTANT or its officers, agents, subcontractors, subconsultants, and/or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under tits Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Boards or any successor agency, that has a rating with A M Best Rate Carvers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B 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 for not less than $100,000 for each accident C Worker's Compensation Insurance to accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to evidence such insurance coverage The insurance policies shall name the OWNER as an additional 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, furnishing at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration 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 this Agreement, either party may terminate this Agreement by providing thirty- (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 failing to fulfill its obligations under tins Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If this Agreement is terminated 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 within twenty (20) days after the date of termination 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, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant, If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or famished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain 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 principals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein To CONSULTANT Teague, Nall, and Perkins, Inc Gary L Vickery, P E The Radio Center Building 235 W Hickory, Suite 100 Denton, Texas 76201 Fax (940) 383-8026 To OWNER City of Denton, Texas Michael W Jez, City Manager 215 East McKinney Denton, Texas 76201 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 6 ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and three (3) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements winch may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED hi performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the tern of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services 7 ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in tlus Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER in writing of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXI MODIFICATION No waiver or modification of this Agreement, or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansing between the parties hereto ansing out of, or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to, incorporated herewith by reference, and is made a part of this Agreement for all purposes pertinent Exhibit "A" - "Itemized Scope of Services" [twelve (12) page document] Exhibit "B" - "Schedule of Fees" [three (3) page document] Exhibit "C" - "Standard Rate Schedule" [one (1) page document] B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the Project Manager shall be Gary L Vickery, P E This Agreement has been entered into with the understanding, expectation, and the OWNER's reliance, that the above-stated employee of CONSULTANT shall perform all or a significant portion 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 withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental 8 services required herein, under its 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 accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent 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, public and private property as required 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 informational 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-authonzed City Manager, and CONSULTANT has executed's A eeme t by and through its duly-authonzed undersigned officer on this the day of , 2001 "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By \ Howard Martin, Inte m City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By w APPROVED A$ TO LEGAL FORM HERBERT L PROUTY,fCITY ATTORNEY By "CONSULTANT" TEAGUE, NALL, AND PERKINS, INC A Texas Corporation By Gary L Vic , P E ATTEST 10 EXHIBIT 'A' ITEMIZED SCOPE OF SERVICES BASIC SERVICES PROJECT DESCRIPTION This project includes the improvement of Hickory Creek Road from Teasley Lane (F M 2181) west to Riverpass Drive The project is approximately 6,700 feet in length, and is currently a two-lane asphalt road with roadside ditches throughout nearly its entire length The proposed roadway section will eventually be a six-lane divided arterial street from Teasley to Country Club Road The project will consist of design of the inner two lanes in each direction, along with the median and appropriate turn lanes Our Conceptual Opinion of Probable Construction Cost for the entire project is $2,331,300 The scope of Basic Services generally consists of the preparation of detailed plans and specifications for paving and drainage improvements, including an additional bridge over Fletcher Branch Special Services such as field design surveys, right-of-way document preparation, right-of-way acquisition, regulatory permitting, and geotechnical investigations and preparation of a drainage study to identify the floodway of the "Zone K trib near the east end of the project 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 1 The CITY will coordinate plan review and approval with TxDOT The ENGINEER will prepare the plans and exhibits necessary for review by TxDOT 2 A traffic impact analysis will be (or has been) prepared by others and provided to the ENGINEER for use in determining the proposed pavement design section 3 No traffic signalization will be included as a part of the scope of this project 4 The creek crossing at the east end of the project is in an area designated by FEMA as Zone A and a LOMR will not be required for this crossing 5 Minimal impacts are expected to Fletcher Branch, as the proposed bridge will match the existing bridge No LOMR is anticipated for this crossing 6 Section 404 permitting for the creek crossings 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 Exhibit A - Page 1 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 7 The project will be designed and constructed in accordance with the City of Denton Standard Specifications and requirements 8 The project will be designed on the basis of construction of an asphalt street with concrete curb and gutter A bid alternate will be included in the plans for a concrete street Separate plan sheets will be provided to depict this bid alternate. 9 Right-of-way acquisition services will include good faith efforts to negotiate a purchase price, based on a Market Study of land prices to be prepared for this project 10 Appraisals will be prepared only as needed for condemnation Services rendered relative to appraisals and/or condemnation will be performed at hourly rates as Additional Services 11 The designated fee for Right-of-Way Acquisition is based on acquisition of 12 parcels A change in the number of parcels (either up or down) will make an adjustment in the fee necessary 12 It Is our understanding that title insurance will be purchased by the CITY and that closings will be conducted by the title company 13 It is assumed that no Federal funds will be used on the project The Involvement of Federal,funds has a significant impact on the process and requirements involved in the nght-of-way acquisition B Design Meetings 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 1 The ENGINEER will meet with other entities and/or groups, such as TxDOT or Denton County, on an as needed basis for the duration of the project design 2 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 Exhibit A - Page 2 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 2 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 3 The ENGINEER will make every effort to obtain as-built, record and/or future plans for the following facilities in the project area including a Culverts b Roadway c Water Lines d Sanitary Sewer Lines e Storm Drain Lines f Telephone and Cable TV Underground and/or Overhead Lines g Electric Underground and/or Overhead Lines h Gas Lines i Other Utilities Known to Serve the Project Area 4 The ENGINEER will compile the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations The locations of utilities tied from field surveys will be shown on the paving and drainage plans, as appropriate The ENGINEER will identify potential utility conflicts and provide this information to utility companies PRELIMINARY DESIGN 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 Roadway Design The ENGINEER will develop a preliminary design of proposed roadway improvements for the entire project The preliminary design will include the Exhibit A - Page 3 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, 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"=;2' 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 2 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 C Other Roadway Design Elements 1 A project title sheet will be prepared as required and included in the plans 2 Project Layout sheets will be prepared at a uniform scale which clearly indicate the limits of the entire project and the main construction elements of the project 3 Roadway typical sections will be prepared for paving sections along the vanous portions of the project 4 Roadway horizontal and vertical control and horizontal curve data will be shown on the plans 5 Supplementary intersection layout information will be prepared to properly show the relationship between the profiles of intersecting streets, where deemed necessary by the ENGINEER 6 Miscellaneous paving details will be developed as necessary to describe the various types of construction when the CITY has no pertinent standard details available 7 Stormwater Pollution Prevention Plans (SWPPP) will be prepared for the project, since more than five acres will be disturbed, as stipulated by NPDES requirements SWPPP plans will describe the implementation of practices to be used to reduce the pollutants to storm water discharges Exhibit A - Page 4 associated with the construction site Standard City of Denton and TxDOT details for erosion control will be used as appropriate D 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's drainage criteria E 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 Signing and Pavement Markings The ENGINEER will develop signing and pavement marking layout sheets for project roadways at a minimum 1"=200' 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 F G Signahzation The plans will include provisions intersection of Hickory Creek Road Drive for possible future signalization for installation of conduit at the and both Monticito and Riverpass 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 the ENGINEER nor the CITY have any no control over market conditions or bidding procedures Exhibit A - Page 5 H 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 FINAL DESIGN PHASE A Prepare Final Design Plans 1 Incorporate CITY review comments and directives from the preliminary design plans in the preparation of final construction plans B 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 C Prepare Contract Documents and Specifications 1 Compile special provisions necessary for the project 2 Compile specifications necessary for the project Any special specifica- tions 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 D Submit Final Plans, Specifications, and Contract Documents for CITY review 1 Submit up to five (5) sets of final bid documents for CITY review and approval 2 Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance 3 Meet with the CITY to review and discuss the results of the final design phase, as necessary Exhibit A - Page 6 CONSTRUCTION PHASE A 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 Assist the CITY in the advertisement 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 office to prospective bidders 2 Attend pre-construction conference 3 Visit the site on an irregular basis as directed by the CITY, up to one visit per month 4 Consult and advise the CITY, issue such instructions to the Contractor as in the judgment of the CITY are necessary, and prepare routine change orders as required 5 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 6 Conduct, in company with the CITY and the Contractor, a final inspection of the project for conformance with the design concept of the project and compliance with the Contract Documents, and approve in writing final payment to the Contractors 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, Right-of-Way Acquisition services, Geotechn cal Investigations, preparation of a Storm Water Pollution Prevention Plan, preparatio of Traffic Control Plans, and preparation and submittal of 404 permit document to the Corps of Engineers The scope of work for these Special Services are more oen6rally described as follows. DESIGN SURVEYS A Topographic Survey Perform field design surveys to tie improvements and topographic features horizontally and vertically within the project limits which will be required to design and perform the work Easement and/or right-of-way preparation and field surveying for easements on private property are not included in this scope The survey will depict existing features within the project limits, including pavement, fences, utilities, trees, buildings, property corners and other features that will affect design and construction Sufficient data will be obtained to prepare cross sections of the proposed project Surveys will show all visible existing improvements and features within the proposed right-of-way limits throughout the project 2 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 companies and any information they or the CITY make available 2 Horizontal control monumentation and vertical benchmarks will be established, as necessary 3 Trees will be tied as required by the City of Denton Tree Preservation Ordinance, and a Tree Survey will be prepared As required by the City, all trees greater than 6" diameter, within the project limits, will be shown on the tree survey B Temporary 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 ExhlbR A - Page 8 PREPARATION OF RIGHT-OF-WAY ACQUISITION DOCUMENTS A Right-of-Way Documents for twelve (12) tracts 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 outlined elsewhere in this proposal 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 guidelines of the Texas Surveyors Association RIGHT-OF-WAY ACQUISITION SERVICES (Note. Right-of-Way Acquisition will be performed by another consultant under contract with the ENGINEER. The ENGINEER shall coordinate with the Right- of-Way Agent and will review and direct all interactions with property owners A copy of the agreement between ENGINEER and James Daniels & Associates, Inc. Is attached and made part of this agreement between CITY and ENGINEER) A Right-of-Way Acquisition will be performed as outlined below for twelve (12) tracts A Market Study of land prices in the area will be prepared, which will show a range of prices for properties for negotiating purposes This Market Study will be presented to the City for review and approval prior to the commencement of negotiations 2 Upon approval by the CITY of the Market Study, property owners will be contacted and an offer made for the necessary right-of-way Consultant will make a good faith effort to negotiate purchase of the necessary right- of-way, within the parameters outlined in the Market Study 3 Executed documents will be delivered to the CITY 4 Appraisals will be prepared on an as-needed basis, and only for those properties where condemnation is required Exhibit A - Page 9 GEOTECHNICAL INVESTIGATIONS (Note: Geotechnical investigations will be performed by another consultant under contract with the ENGINEER. The ENGINEER shall coordinate with the geotedhnical consultant and review test reports and recommendations. A copy of the agreement attached and made part of this between agreeme intEbetw en CITY and ENGINEER)) c is A Field Investigation Thirteen (13) borings will be taken at regular intervals along the length of the project, generally to a depth of 8' One boring will be taken at the approximate location of the proposed east culvert crossing, to a depth of approximately 15' Two borings will be taken at the Fletcher Branch bridge, to a depth of 40' B Laboratory Analysis and Report Laboratory analysis will include moisture analysis, soil identification, Atterberg limits determinations, unit weight determinations, unconfined compression tests and lime series tests Boring logs will be provided on all bonngs, and a report summarizing the findings of the analysis will be prepared 3 Recommendations will be pavement sections based by others made for placement of fill material and for on the boring data and on traffic data provided TRAFFIC CONTROL PLANS 1 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 2 All temporary signs and pavement markings will be identified, along with necessary project sequencing 3 Traffic control plans will be in accordance with the Texas Manual of Uniform Traffic Control Devices Traffic control plans necessary for submittal to TxDOT will be prepared as well Exhibit A - Page 10 CORPS OF ENGINEERS 404 PERMIT 1 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 east culvert crossing 2 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 less than 200', which will eliminate the need for a Preconstructlon Notification to the Corps of Engineers In the event that stream impacts can not be limited as indicated, preparation of a PCN will be performed at hourly rates as Additional Services Exhibit A - Page 11 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 Copies of construction plans and plats for developed property adjacent to the project 3 Assistance in obtaining data from third party sources which is available to the CITY at no cost to the ENGINEER 4 Current City of Denton Subdivision Rules and Regulation/Design Standards as applicable 5 Current City of Denton Standard Details, Specifications and/or Contract Documents 6 A copy of the LOMB recently prepared for the Hickory Creek Road bridge over Fletcher Branch PROJECT SCHEDULE The ENGINEER shall complete the "Preliminary Design Phase" scope of work identified above, including the Design Survey and Geotechnical Investigation, within 25 weeks from the Date of Notice-to-Proceed in writing by the CITY The ENGINEER shall complete the „Final Design Phase scope of work identified above within 8 weeks from the Date of Approval of Preliminary Design in writing by the CITY or CITY's designee The "Construction Phase" scope of work will proceed with construction of the project 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 Then ENGINEER will submit in writing to the CITY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period If CITY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of ENGINEER's services shall be adjusted equitably Exhibit A -Page 12 EXHIBIT B SCHEDULE OF FEES A. BASIC SERVICES: For work performed by the ENGINEER within the scope identified in EXHIBIT A, itemized $cove 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 DESIGN PHASE $ 89,200 FINAL DESIGN PHASE $ 27,420 CONSTRUCTION PHASE $ 20,580 Subtotal (Labor) $ 137,200 2 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 with a not-to-exceed amount of $ 3,000 Total Fee for Basic Services TOTAL (BASIC SERVICES) B SPECIAL SERVICES: $140,200 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 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 Exhibit B- Page I Design Topographic Surveys Boundary Survey & Preparation of RM Documents COE 404 Permit Coordination Right-of-Way Acquisition Geotechmcal Investigations Traffic Control Plans Subtotal (Labor) 2 3 Direct Expenses $ 18,500 $ 14,400 $ 1,900 $ 25,200 $ 9,500 $ 4,000 $ 73,500 Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc will be reimbursed to the ENGINEER at his direct invoice expense with a not-to-exceed amount of $ 2,000 Total Fee for Special Services TOTAL (SPECIAL SERVICES) $ 75,500 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 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 reimbursed 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 D SUMMARY OF FEES. 1 Basic Services Labor $ 137,200 Direct Expenses $ 3,000 TOTAL (BASIC SERVICES) $ 140,200 2 Special Services Labor $ 73,500 Direct Expenses $ 2.000 TOTAL (SPECIAL SERVICES) $ 75,500 3 Additional Services Labor $ To Be Determined Direct Expenses $ To Be Determined TOTAL (ADDITIONAL SERVICES) $ To Be Determined 4 Total Fees for Project TOTAL FEES $ 215,700 Exhibit B- Page 3 EXHIBIT C TEAGUE NALL AND PERKINS, INC Standard Rate Schedule for Reimbursable Services Effective January 1, 2001 to December 31, 2001 Engineering / Technical From To Principal $125 - $150 Per Hour Office Manager $100 - $125 Per Hour Senior Engineer $75 - $110 Per Hour Engineer $65 - $95 Per Hour Graduate Engineer $55 - $80 Per Hour Senior Designer $65 - $95 Per Hour Designer $50 - $70 Per Hour Landscape Architect / Planner $65 - $80 Per Hour CAD Operator $40 - $65 Per Hour Draftsman $40 - $65 Per Hour Clerical $35 - $55 Per Hour Resident Project Representative $3750 - $50 Per Hour Surve i From To R L S $75 - $95 Per Hour Senior Survey Technician $55 - $65 Per Hour Junior Survey Technician $45 - $55 Per Hour 2-Person Field Crew w/Equipment $80 - $90 Per Hour 3-Person Field 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 1-Person Robotic Crew w/Equipment $75 - $85 Per Hour 2-Person Robotic Crew w/Equipment $95 - $105 Per Hour Direct Cost Reimbursables Xerox Copies $0 10/page Plots (Full Size) $10 00/each Plots (11" x 17") $2 50/each Bluelme Prints $1 00/each Mylar Sepias $4 00/each Mileage $0 31 /mile ATTEST JENNIFER WALTERS, CITY SECRETARY B- APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY