2000-390 ORI INANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE
AND NICHOLS, INC FOR ENGINEERING AND SURVEYING SERVICES PERTAINING
TO THE COOPER CREEK REGIONAL DETENTION POND NO 1 CONSTRUCTION
PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it m the public interest to engage the firm of Freese
and Nichols, Inc, a Texas Corporation, of Fort Worth, Texas ("F&N"), to provide professional
englneenng and surveying services to the City pertairung to the preliminary design and final
design of, the preparation of construction plans and specifications for, services dunng the
bidding process, the performance of related construction phase services, surveying services, and
general representation during construction for the Cooper Creek Regional Detention Pond No 1,
and
WHEREAS, the City staffhas reported to the City Council that there is a substantial need
for the above-described professional services, and that limited City staff cannot adequately
perform the services and tasks with ItS own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive b~ds, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager is hereby authorized to execute a Professional
Services Agreement with Freese and Nichols, Inc, a Texas Corporation, of Fort Worth, Texas,
for professional englneenng and surveying servmes pertmmng to Cooper Creek Regional
Detention Pond No 1 Construction Project, m 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 City is on the basis of the
demonstrated competence, knowledge, and qualifications of F&N and the abIhty of F&N to
perform the professional services needed by the C~ty for a fair and reasonable price
SECTION 3 That the expenditure of funds as prowded in the attached Professional
Services Agreement ~s hereby authorized
SECTION 4 That flus ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED flus the tT~]~ day of t~a%/otot" ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documonts\Ordmances\00~Fr~ese & Nichols, In¢ PSA Engr Svc Cooper Creek Der Pond #1 doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING AND SURVEYING SERVICES
PERTAINING TO TIlE COOPER CREEK REGIONAL DETENTION POND NO. 1
CONSTRUCTION PROJECT
TItI~S ,AGREEMENT is made and entered into as of the /'/l' day of
O~ ,2000, by and between the C~ty of Denton, Texas, a Texas Mumc~pal
Corporatmn, w~th ~ts pnnmpal offices at 215 East McKanney Street, Denton, Texas 76201
(hereafter "OWNER") and Freese and Nichols, Inc, a Texas Corporation, with ~ts offices at 4055
International Plaza, State 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"), the part,es
acUng hereto, by and through thear duly-authorized representatives and officers
WITNESSETH, that in cons~deratton of the covenants and agreements hereto contmned, the
partxes hereto do mutually AGREE as follows
ARTICI,E I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts w~th CONSULTANT, as an ~ndependent contractor, and the
CONSULTANT hereby agrees to perform the servmes here~n in cormectlon with the Project as
stated m the Amcles to follow, with dlhgence and an accordance wath the professional standards
customarily obtmned for such services m the State of Texas The professional services set forth
herein are~m connectton with the following described project (the "Project")
Professional engmeenng services pertaining to the prehmlnary design and final design of, the
preparation of constmctton plans and specfficatlons for, serwces dunng the b~dthng process, the
performance of related construction phase services, surveying services, and general representation
dunng construction for the Cooper Creek Regional Detention Pond No 1
ARTII'?T,E IT
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basle Servmes in a professmnal manner
A To perform those professmnal services as set forth m the "Scope of Services", regarchng
Cooper Creek Regmnal Detentxon Pond No 1, prepared by CONSULTANT for OWNER,
whmh five (5) page document is attached hereto as Exhthlt "A," and ~s incorporated hereto by
reference, wtuch document is comprised of, and subdivided ~nto the following sections
1 Data Collectmn,
2 Hydrologic and Hydranllc Analysis,
3 Prehmmary Regional Detention Design,
s,o~ocu~~o~,~,~~ Page 1 of 10
4 Pemuttmg,
5 Development of Final Plans, and
6 ConstmcUon Administration
B If there is any conflict, or If any conflact arises between the terms of tins Agreement and the
Exlublts attached to this Agreement, the terms and conditions of tins Agreement shall control
over the terms and condmons of the Exhlints
ARTICI.E III
ADDITIONAL SERVICES
Any additional senates to be performed by the CONSULTANT, if authorized by the
OWNER, winch are not included as Basic Services m 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 compensataon
for such additional services, and other essential terms pertmmng to the provision of such additional
serwces by the CONSULTANT
ARTIIql ,F,, IV
PERIOD OF SERVICE
Tins 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 remmn in
force and effect for the period that may reasonably be required for the completion of the ProJect,
including Addltuonal Services, if any, and any reqmred extensions approved by the OWNER Tins
Agreement may be sooner terminated m accordance w~th the prowsions hereof Time is of the
essence m tins Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditmusly as possible and to meet the schedule reasonably
established by the OWNER, substantially m accordance with the Schedule set forth m Exinint "A"
attached hereto, acting through its Assistant City Manager for Utuhtles, or ins designee
ARTICI J?, V
COMPENSATION
A COMPENSATION TERMS
1 "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 engmeenng, of surveying, or fur related services Any subcontractor or
sub¢onsultant bflhng reasonably incurred by the CONSULTANT m connection with
the ProJect shall be invoiced to OWNER by CONSULTANT at the actual cost plus ten
(10Vo) percent
2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost and
applying the multlpher set forth in Exhibit "B" attached hereto, for any out-of-pocket
expanse reasonably incurred by the CONSULTANT in the performance of tins
Agreement for long distance telephone charges, telecopy charges, messenger services,
prmtang and reproduction expenses, out-of-pocket expenses for purchased computer
~o.,~..~.~,¢~.~.,...~m,m^ ~.~,~-~o~.~#,~ Page 2 of 10
tame, prudently ~ncmred travel expenses related to the work on the ProJect, and s~nular
me,dental expenses recurred m connection w~th the Project
BILLING AND PAYMENT
For and m consideration of the professional servmes to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the Basle Services tasks set forth m the Scope of Services as shown ~n Article II above, as
follows
1 CONSULTANT shall perform ~ts work on this ProJect m accordance w~th the
prowsmns of those SlX (6) tasks wbaeh are set forth on page 4 of the Scope of Servmes set
forth in Exhlbat "A' attached hereto and incorporated herewith by reference
CONSULTANT shall perform the said professional services substantially m accordance w~th
the project schedule set forth m Exhlbat "A" CONSULTANT shall be paid for services
rendered pursuant to the Agreement on the bas~s set forth m the "Compensation" sectaon of
Exhibxt "A", billed monthly CONSULTANT shall bill from time sheets, ~n m~mmum IA
hour or smaller time increments, at the hourly rates and at the expense rates provtded for m
the "Schedule of Charges" set forth in Exbabat "B" OWNER agrees to pay to
CONSULTANT for ~ts professional services performed, for its Subcontractor Expense, and
for Its D~rect Non-Labor, out-of pocket expenses ancurred ~n the ProJect, a total lump-sum
mount of fees and expenses not to exceed $68,100
2 Partial payments to the CONSULTANT will be made monthly ~n accordance w~th the
statements reflecting the actual completion of the Basic Servmes, rendered to and approved
by the OWNER through ~ts Assmtant C~ty Manager for Utilities, or bas designee However,
under no mmumstances shall any monthly statement for services exceed the value of the
work performed at the time a statement ~s rendered The OWNER may w~thhold the final ten
(10%) percent of the above not-to-exceed amount until satisfactory completion of the ProJect
by the CONSULTANT
3 Notbang contained m this Article shall require the OWNER to pay for any work wi'ach
~s unsatisfactory as reasonably determined by the Assistant C~ty Manager for Utihties or bas
designee, or wbach ~s not submitted by CONSULTANT to the OWNER m comphance w~th
the terms of tbas Agreement The OWNER shall not be mqmred to make any payments to
the CONSULTANT at any time when the CONSULTANT ~s m default under this
Agreement
4 It ~s speeffically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to flus Agreement which would reqmre addmonal
payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed
amOunt as stated heremabove, w~thout first having obtained the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any servmes to be later
prowded for under Axticle IH "Addational Servmes" w~thout first obtalmng prior written
authorization from the OWNER
ADDITIONAL SERVICES For additional servmes authorized m writing by the OWNER
m Article HI heremabove, CONSULTANT shall be paid based on a to-be-agreed-upon
~.~00~. ~ ~0~. ~ ~ ~ ~o~ ~ ~ Page 3 o f 10
Schedule of Charges Payments for ad&tlonal services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Amcle V B
heretnabove Statements for Basic Servmes and any additional services shall be submitted to
OWNER no mom frequently than once monthly
D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for
servlces and expenses watlun sixty (60) days after receipt of the CONSULTANT'S
undisputed statement thereof, the mounts due the CONSULTANT wall be mcreased by the
rate of one percent (1%) per month from and after the smd sixtieth (60th) day, and m
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend senates under thts Agreement until the CONSULTANT has been paid m
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges Pmmded, however, notlung hereto shall reqmre 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 tins Agreement, and OWNER has notified CONSULTANT of that fact in writing
ARTICI ,E VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due dthgence m dlscovenng and
promptly reporting to the OWNER any defects or deficiencies m the work of the CONSULTANT
or any of~s subcontractors or subconsultants
ARTII~I ,E VII
OWNERSHIP OF DOCUMENTS
All docments prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to tlus Agreement are ~nstmments of service and shall
become the property of the OWNER upon the termination of thts Agreement The
CONSULTANT is entitled to retain copies of all such documents The documents prepared and
furmshed by the CONSULTANT are intended only to be applicable to ttus project and OWNER's
use of these documents m other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses thc Agreement in another project or for other purposes than specified herein any
of the reformation or materials developed pursuant to thts Agreement, CONSULTANT is released
from any and all hablhty relating to their use in that project
ARTICI,E VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall promde servmas to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or clmm any right arising from
employee status
ARTIC~T,F~ IX
INDEMNITY AGREEMENT
The CONSULTANT shall lndcmmfy and save and hold harmless the OWNER and its
s~o~..~.~..~.~o,,P~ ~.~..,0~ro~~~ Page 4 of 10
officials, officers, agents, attomeys and employees from and aganst any and all hablhtaes, clatms,
demands, damages, losses and expenses, including but not halted to court costs and reasonable
attorney fees incurred by the OWNER, and lncludmg without hmltatlon, damages received or
sustained for bochly and personal mjury, death, or property damage, resulting from, and
proximately caused by the negligent acts or oimsslons of the CONSULTANT or its officers, agents,
subcontractors, subconsultants, and/or employees in the executmn, operatton, or performance of
this Agreement
Nothmg ~n tins Agreement shall be construed to create a liability to any person who ~s not a
party to tins Agreement and nothmg herein shall waive any of the party's defenses, both at law or
equity, to any clam, cause of actmn or htlgatlon filed by anyone not a party to this Agreement,
~ncludlng the defense of governmental lmmumty, wtuch defenses are hereby expressly reserved
AliTIC1,17, X
INSURANCE
During the performance of the Services under ttus Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in 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 Liability Insurance with bodily ~njury hm~ts of not less than
$1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 ~n the aggregate
B Automobile Llabd~ty Insurance with bodily injury hmits of not less than $500,000 for each
per~on and not less than $500,000 for each acmdent and with property damage limits for not
less,than $100,000 for each accident
C Worker's Compensation Insurance in accordance with statutory reqmrements and Employer's
Lmblhty Insurance with limits of not less than $100,000 for each accident
D Profesmonal Llabxhty Insurance with hm~ts of not less than $2,000,000 annual aggregate
E CONSULTANT shall furmsh insurance certificates or msurance policies to the OWNER to
evtdence such msurance coverage The insurance policies shall name the OWNER as an
adchttonal insured on all such pohmas to the extent that is legally possible, and shall contan a
provision that such insurance shall not be cancelled or modified without at least tlurty (30)
days pnor wntten notice to OWNER and CONSULTANT In such event, the
CONSULTANT shall, pnor to the effective date of the change or cancellation of coverage,
deliver copies of any such substitute policies, furmstnng at least the same policy limits and
coverage, to OWNER
ARTICI,i~, 3(1
ARBITRATION AND ALTERNATE DISPUTE, RESOLUTION
The parties may agree to settle any disputes under ttus Agreement by submitting the d~spute
S~OurD~umealgCanu~l~O~l~w~t~&lqleholap~AI~.ln,S~-C~o~retk~l~ Page 5 of 10
to arbitration or other means of alternate dispute resolution such as mediation No arbitration or
altemate dispute resolution arising out of or relating to, this Agreement lnvolwng one party's
disagreement may include the other party to the disagreement without the other's approval
ARTI~I .F, SXll
TERMINATION OF AGREEMENT
A Notwithstanding any other prowsien of this Agreement, either party may terminate this
Agreement by providing thtrty- (30) days advance written notice to the other party
B This Agreement may altemaUvely be terminated in whole or in part in the event of either
party substantmlly faihng to fulfill its obligations under this Agreement No such termination
will be effected unless the other party is given (1) written notme (delivered by eerUfied mail,
return receipt requested) of intent to terminate and setting forth the reasons speclf3nng the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure, and (2) an opportumty for consultation w~th the terminating party prior to
termmataon
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
tenmnatlon 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 termmataon 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 prowdlng
information to the OWNER and to the new consultant If applicable, OWNER shall allow
CONSULTANT a reasonable t~me to transition and to turn over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or furmshed by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
tenmnataon, but may mmntam copies of such documents for its files
ARTIf~I ,Ii'. XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute, nor be deemed a release of the
responsthihty and hablhty of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of thor designs or other work performed
pursuant to th~s 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, Rs principals, officers, employees, agents, subcontractors, and subconsultants
ARTIf?I ,i~. XIV
NOTICES
All notices, commumcatlons, and reports required or permitted under this Agreement shall be
personally dehvered to, or telecopled to, or mmled to the respective parties by depositing same in
the Umted States marl at the addresses shown below, postage prepaid, certified mml, return receipt
~,o,,~.m~,~.~.a.l~,,~^~.~c~,~.,,~ Page 6 of 10
requested, unless otherwise specified herem
To CONSULTANT To OWNER
Freese and Nichols, Inc City of Denton, Texas
John Rutledge, P E Michael W Jez, City Manager
4055 International Plaza, State 200 215 East Mclrdnney
Fort Worth, Texas 76109 Denton, Texas 76201
Fax (817) 735-7491 Fax (940) 349-8596
All notices given under this Agreement shall be effective upon their actual receipt by the
party to whom such not]ce is g~ven
ARTICI.F, XV
ENTIRE AGREEMENT
Tins Agreement consisting of ten (10) pages and two (2) cxtuints constitutes the complete
and final exprcssmn of the Agreement of the part]es and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
prommes, representattons, negotmt~ons, discussions, commumcations, understandings, and
agreements winch may have been made m connection with the subJeCt matter of tins Agreement
ARTII~1,1~,
SEVERABILITY
If any pmvls~on of tins Agreement is found or deemed by a court of competent jurisdiction to
be tnval~d or unenforceable, it shall be considered severable from the remainder of tins Agreement,
and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision w~th a
vahd and eafforceable prowslon winch comes as close as possible to expressmg the original
~ntent]ons of the paraes respecting any such stricken provision
ARTICI,i~, XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
orrhnances apphcable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be mended
/XRTICI,F, XVIII
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, the CONSULTANT shall not discriminate
agmnst any person on the basis of race, color, rehglon, sex, national ong~n or ancestry, age, or
physmal handmap
PERSONNEL
A CONS~T~ ropros~ ~ ~ h~ or ~11 soc~o at its o~ ~xponso all porso~ol roqmrod
~o p~ro~ all ~o s~cos roqmr~ ~dor ~s A~o~mont Such p~so~ol sh~l not bo
~ployoos or o~cors of, nor havo ~y con,at.al rola~ons w~ tho O~R
CONS~T~ shall ~edmtely ~o~ ~e O~R m ~tlng of ~y conflict of interest
or potent~ CO~lCt of~nterest ~t CONS~T~ may ~scover, or which may rose dmng
~e t~ of~s A~eem~t
B All seduces mqmred h~e~der will be perfo~ by CONS~T~T or ~d~ ~ts ~rect
sup~slon All p~o~el engaged m perfo~lng ~e work pmmd~ for ~n ~s A~eement,
sh~l be quahfied, md sh~l be au~onzed ~d p~ltt~ ~d~ state ~d local laws m perfo~
such semites
ASSIGN~ILI~
The CONS~T~ sh~l not ~s~ ~y ~nterest ~n ~s A~eement ~d sh~l not ~sfer
~y ~nterest ~n ~s A~ement (whe~er by ~s~ent, novation or o~e~se) Wl~OUt the prior
written consent of ~e O~R CONS~T~ sh~l promptly not~ O~R ~n ~t~ng of ~y
ch~ge of ~ nme ~ well as of ~y s~fic~t ch~ge ~n ats co.orate s~c~e or ~n ~ts operaaons
ARTICI ,E ~l
MODI~CATION
No wmv~ or mo~ficat~on of ~s A~eem~t, or of ~y coven~t, condmon, hmtat~on here~n
contmned sh~l be vahd ~less m ~ng ~d duly executed by ~e p~ to be ch~ged ~ewl~
No ewdence of ~y wmver or mo~ficat~on shall be off~ or received m evidence in ~y
procee~ng msmg be~een ~e pines hereto msmg out o[ or affecting ~s A~e~t, or the
n~ts or obhga~om of the pmles here~d~, ~less such wmver or modfficat~on ~s m wn~ng, duly
executed ~e p~es ~er a~ee ~t ~e proms~ons of ~s ~mle w~ll not be wmved ~less ~
h~e~n set fo~
MISCELL~EOUS
A Th~ following ~xh~b~ts ~ a~a~h~ to, ~nco~orated h~rcw~ by r~f~rcnc~, ~d ~s m~ a p~
of~s A~t for all p~os~s p~mn~nt
E~b~t "A" - "Scop~ of S~c~s" [fiw (~) pag~ doc~cnt]
Ex~blt "B" - "Sch~dul~ of Ch~ges" [one (1) page doc~nt]
B CONS~T~T a~s ~at O~R shall, ~t~l ~ exp~ratmn of go~ (4) yc~s a~er ~c
~ pa~t m~ by O~R ~d~r ~s A~m~nt, hav~ access to ~d th~ n~t to
ex~n~ ~y ~r~tly p~m~nt books, doc~ents, pape~ ~d records ofth~ CONS~T~T
~nvolwng ff~t~o~ r~lat~ng to ~s A~e~m~nt CONS~T~T a~es that O~R
s ,o~, ~,~.~ · ~,, ~ ~ ~ ~ ~ ~, ~ P ag e 8 o f 10
shall have access dunng 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 comphance with this Article OWNER shall give CONSULTANT reasonable
advance not, ce of all intended examinations or andats
C Venue of any suit or eanse 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 Curtis
BIetel, P E This Agreement has been entered into with the understan&ng, expectation, and
the OWNER's reliance, that the above-stated employee of CONSULTANT shall perform all
or a slgraficant pomon of the work on the Project Any proposed changes regarding the
change of the Project Manager or other key personnel serving the OWNER on thts ProJect,
requested by CONSULTANT, respecting one or more of the above-stated employees, shall
be subject to the approval of the OWNER, wluch 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 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 accomphshmg the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with any related work
being camed on by the OWNER
F The OWNER shall assist the CONSULTANT by placmg at the CONSULTANT's chsposal
all available Information pertinent to the ProJect, including previous reports, any other data
relattve 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 furmshed to
it by OWNER without the need for further inquiry or invesUgaUon into such information
G Tho captions of ttus 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 tlus
Agreement m four (4) ongmal counterparts, by and through its duly-authorized City Manager, and
CONSULTANT has _qx, e~utgd this Agreeliaent.by,and through its duly-anthonzed undersigned
officer on flus the /'~/~ day of ~~ - ,2000
CITY OF DENTON, TEXAS
A Texas Mummpal Corporation
f ~llchael~/Jez, C~ll{nager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
FREESE AND NICHOLS, INC
A Texas Corporation
By
ATTEST'
EXHIBIT "A"
SCOPE OF SERVICES
COOPER CREEK REGIONAL DETENTION POND No 1
FINAL DESIGN
Freese and Nmhols, Inc ("CONSULTANT") proposes to pmwde the following professmnal serwces
to the City of Denton, Texas ("OWNER"), as described m detml below
TASK 1 DATA COLLECTION
a Coorthnate wxth the survey subconsultant to perform a topographic survey of the
detention pond s~te to estabhsh the exast~ng topography of the 20-acre North Point
site and the 3-acre SKJ Realty s~te m order to ~mprove the accuracy of earthwork
quantities and produce a base map for the detention pond design The survey shall
mclude
1 Estabhsh a survey baseline for the project s~te based on ex~st~ng FEMA
vertmal control monumentat~on, and stake ~t w~th aron pans to serve as
temporary benchmarks during construction
2 T~e right-of-way lines and comers, property hnes and comers, existing
drainage easements, tops of bank, all trees 6 ~nches ~n dmmeter or larger,
excluthng honey locust and mesqmte trees, samtary sewer manholes (nm and
flowhne elevations), avmlable fimshed floor elevations of houses adjacent to
the project s~te, fence hnes, and all other ws~ble surface features wltlun the
project hm~ts to the survey baseline Count the number ofhoney locust trees
6 roches m dmmeter or larger and lndmate their general location on the
project s~te
3 Produce a chg~tal 3D topographic map of the project s~te w~th elevated
contours at a 1- foot interval and the ws~ble surface features on separate
layers, for use as the base map and developing earthwork and profiles
b Perform one sate v~sat to the location of the Cooper Creek Regional Pond No 1 to
verify the results of the topographm survey
c Obtain the exastmg subdaws~on plat ~n the area, as well as the plans of any samtary
sewer or other ut~hty lines across the sate
TASK 2. HYDROLOGIC AND HYDRAULIC ANALYSIS
a Based on the best avatlable topograpluc ~nformat~on, extend the HEC-RAS hydrauhc
model of Cooper Creek from Locust Street to the upstream end of the project s~te
b Verify the exastang conditions and ultamate development hydrology at the sate
c Include the existing d~scharges into the HEC-RAS model to estabhsh Exastmg
Condltaon 100-year water surface elevations across the sate
d Include the ultimate d~scharges into the HEC-RAS model to establish the Ultimate
Development 100-year water surface elevations across the s~te
TASK 3 PRELIMINARY REGIONAL DETENTION DESIGN
a Locate the proposed regional detention area on the survey drawmg, as well as the
exlstmg drainage easements and the alignment of any utlhty bnes across the site
b Review the prewous design calculations for the regional detention pond
c Based on the site constraints, develop the area-capacity relatlonslup and outlet
charactenmcs of the regional detentton pond that will satisfy the original detention
requirements
d Utlhzmg the City of Denton drainage design cntena, prepare a prehmanary grading
plan from the survey base map that will provide the necessary area-capacity
relatmnshtp
e Based on the prehmmary grading plan, ldentafy the necessary modlficataons to
reloeate or protect the emstmg 10"samtarysewerhnecrossmgtheprojeetsate The
sewer will be designed to match the capamty of the existing sewer across the project
sate It is assumed that no demand studies will be performed, but demands may be
eonstdered ~fthese are ~mmed~ately avmlable from the OWNER It IS also assumed
that no sewer line outside the hm~ts of the project sae will be modified
f Prepare a letter report descnbmg the updated HEC-RAS model, the area-capacity
relatmnshap and outlet charactenstacs of the regional detention pond, the prelmunary
gradmg plan, and recommendations for relocatang or protecting the 10" samtary
sewer to OWNER for review
TASK 4. 404 PERMITTING
a Based on the prellm~nary gradmg plan, update the Pre-Construction Notification
to reflect the prehmmary layout of the detention pond
b After submitting the updated Pre-Constmctlon Notfficatlon to the Corps of
Engineers, arrange an on-s~te meeting with the Corps to discuss whether constmctaon
of the proposed detentmn pond can be covered under a combination of Nationwide
Pernuts, as well as ff the notfficataon process will be required
2
c Based upon tlus meeting, recommend modfficat~ons to the proposed detention pond
that in our opinion will best meet the conditions and reqmrements ~dentffied by the
Corps of Engineers If the Corps determines that an lnd~wdual 404 Permit ~s
necessary, ENGINEER can provide asmstance w~th prepanng the Section 404
apphcat~on (ENG FORM 4345) as an additional service
d Provide up to 20 hours of addltmnal consultatmn w~th the Corps dunng their permit
rewew process, and assist OWNER ~n tdentlfy~ng project design enhancement
features
TASK 5 DEVELOPMENT OF FINAL PLANS
a Attend one coordmatmn meeting w~th OWNER to obtmn comments on the
detentaon pond hydrauhc analys~s and prehmmary grading plan
b Prepare a final design for completing Pond No 1, consisting of a final grading plan
including control mformat~on based on the temporary benchmarks and detatls of the
inlet and outlet structures S~nce ~t ~s antm~pated that OWNER's forces wall be used
to construct the project, no spemficatmns are included ~n th~s scope of work
c Develop a final cost estimate for the construction of Pond No 1 The cost estimate
will be based on umt prices provided by the OWNER, since the OWNER's
employees, or agents w~ll be used to construct the project
d Update the prehmmary design letter report to describe the hydrologtc and hydranhc
calculations, the detention pond calculations, the final design, and the final cost
estmaate
e Attend one meeting w~th the adjacent homeowners to assist the OWNER ~n
presentmg and describing the final detention design to the homeowners Prepare a
color d~splay showing the final detention pond desagn
TASK 6 CONSTRUCTION ADMINISTRATION
a Make up to four (4) ws~ts to the s~te to observe the progress and the quahty of work
and attempt to determme m general ffthe work is proceeding ~n accordance with the
Final Plans If CONSLILTANT is requested to v~s~t the site more than four t~mes, the
requested ws~ts shall be considered an additional service and CONSULTANT shall
be entitled to additional compensation
OWNER RESPONSIBILITIES'
OWNER ~s responsible for all fees and expenses related to obtatnlng ex~stmg data, if needed, and
subm~ttlng regulatory permtt appllcat~ons, including the CLOMR and LOMR subrmttal rewew fees
OWNER shall assist CONSULTANT by placing at the CONSULTANT'S d~sposal all available
3
information pertinent to the Project, previous reports, and any other such data relative to the project,
including
1 If the OWNER does not own the property at the time of survey, OWNER shall obtain
penmsslon from the property owner to allow the survey subconsultant to enter the
property, perform the survey, and perform the mlmmum amount of clearmg
necessary to establish lines of sight necessary to perform the survey
2 The location of City-owned utlhtles (water and sewer) and privately owned utilities
(gas, telephone, etc ), if available
3 Copies of studies/reports of previous analyses associated with the proposed ProJect
that were not prepared by Freese and Nichols, if any
CONSULTANT shall have no habthty for defects m work atmbutable to CONSULTANT'S reliance
upon, or use of data, design criteria, drawings, specifications, or other information furnished by
OWNER which was not previously prepared by Freese and Nichols, and OWNER agrees to
lndemmfy and hold CONSULTANT harmless from any and all clmms and judgments, to the extent
provided by applicable law, from all losses, costs, and expenses arising therefrom CONSULTANT
shall disclose to OWNER, prior to use thereof, defects or omissions ~n the data, design criteria,
drawings, specifications, or other information furmshed by OWNER to CONSULTANT that
CONSULTANT may reasonably discover in its review and inspection thereof OWNER shall
rewew material submitted for comment m a timely manner so as not to delay the servmes of
CONSULTANT
COMPENSATION:
CONSULTANT proposes to perform the services described m Tasks 1 through Tasks 6 of the above
Scope of Services for a lump sum fee, plus expenses, of an amount not to exceed $68,100 00
(SIXTY EIGHT THOUSAND ONE HUNDRED DOLLARS) Of this mount, Task 1 is $1,300,
Task 2 is $3,800, Task 3 is $10,200' Task 4 is $8,400, Task 5 is $13,800, Task 6 is $4,600, and the
survey subconsultant is $26,000 respecting services pertaining to the site survey If work outside or
beyond the above Scope of Services is required and approved by OWNER, those addltaonal services
shall be compensated on the basis of Exbablt "B", Schedule of Charges, dated March 31, 2000
Payment for the services shall be due and payable upon submission of statements for services
rendered and amounts expended Statements for servmes rendered and expenses shall not be
submitted more frequently than monthly
SCHEDULE:
CONSULTANT proposes to complete the work described in Task 1 within 60 days from the date of
issuance of the written notice to proceed, Tasks 2 and 3 wltlun 100 days, Task 4 within 120 days,
and Task 5 within 160 days of the date of the written notice to proceed Task 6 will be performed as
needed dunng the construction of the project
S \Our Documcnts\Contracts\00~Freese & N~¢hols PSA Scope of Servmes Cooper Crk Bet Pond #1 doc
4
EXHIBIT B
COMPENSATION
Compensetlon to Freeze and Nichols shall be based on the following Schedule of Charges
A Schedule of Chares8 for Additional Work.
POEITION MIN MAX
PRI~ICIPAL 18544 214 18
SENIOR CONSULTANT 83 48 243 48
MANAGER LOCAL OFFICE 132 21 188 34
GROUP MANAGER 134 24 176 81
SR DISCIPLINE LEADER 186 56 188 93
DISCIPLINE LEADER 103 77 162 65
PROGRAM MANAGER 84 25 117 81
ENGINEER VI 98 40 164 88
ENGINEER V 101 49 126 86
ENGINEER IV 88 40 105 18
ENGINEER INTERN III 73 07 104 90
ENGINEER INTERN II 67 18 77 46
ENGINEER INTERN I 61 52 77 40
ELECTRICAL ENGINEER V 87 83 115 28
ELECTRICAL ENGINEER IV 83 39 109 88
ELECTRICAL ENGINEER I 73 71 77 85
MECHANICAL ENGINEER VI 101 50 133 21
MECHANICAL ENGINEER INTERN III 66 38 87 10
RESIDENT ENGINEER 103 64 136 03
SENIOR RESIDENT REPRESENTATIVE 89 88 t42 8D
CONSTRUCTION PHASE PROJECT MANAGER 73 63 103 58
SPECIALTY OBSERVER 71 81 94 26
DESIGNER II 85 14 109 30
DES{GNER I 70 96 94 71
SENIOR ENGINEERING TECHNICIAN 73 45 96 41
ENGINEERING TECHNICIAN 85 98 88 34
TECHNICIAN II 54 40 72 98
TECHNICIAN I 82 46 67 83
DRAFTER 42 50 58 1 g
SR ESTIMATOR/SCHEDULER 71 39 93 70
ESTIMATOR/SCHEDULER 57 12 71 40
DOCUMENT CONTROL CLERK 42 63 53 29
ENVIRONMENTAL SCIENTIST V 71 40 89 25
ENVIRONMENTAL SCIENTIST IV 76 33 95 42
ENVIRONMENTAL SCIENTIST III 63 13 79 28
ENVIRONMENTAL SCIENTIST II 51 99 63 11
ENVIRONMENTAL SCIENTIST I 48 40 51 86
SENIORARCHITECT 113 43 141 79
ARCHITECT V 101 49 11838
ARCHITECT IV 71 54 89 43
ARCHITECT III 80 37 100 46
ARCHITECT II 53 77 87 21
ARCHITECT I 60 35 e4 88
HYDROLOGIST IV 84 44 92 21
GEOTECH NICAL ENGINEER VI 10310 12888
SENIOR GEOLOGIST 88 88 107 10
HYDROGEOLOGIST V 82 84 103 88
WORD PROCESSING/SECRETARIAL 42 44 50 34
OPERATIONS ANALYST 84 55 92 27
CONTRACT ADMINISTRATOR 60 84 75 87
INFQRMATION SERVICES CLERK 31 14 47 20
CO OP 20 40 49 87
Computer and CAD Calaomp Plotter
PC CAD Stations $10 00 per hour Bond $2 00 per plot
PC Stations $8 00 per hour Color $3 80 per plot
VAX Computer $20 00 per hour Vellum $4 00 per plot
Mylar $10 00 per plot
Print Eho
~ $0 08 per square foot
Offset and Xerox Copies $0 07 per single side copy
GBCiBIndlng(Reg Cover) $2 00 per book
GBClBIndlng(EmboH Cover) $4 00 per book
Tape Binding(Rag Cover) $1 78 per book
Tape Blndlng(Emtiose Cover) $3 75 per book
Density Meter $350 00 per month
Gas Detection $'[0 00 per test
OTHER DIRECT EXPENSE8
FN
cpm ~4 03-31 00 CO 1 OWNER