2000-391 ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGlgR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE,
NALL AND PERKINS, INC FOR ENGINEERING AND SURVEYING SERVICES
PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage the firm of
Teague, Nail and Perkins, Inc, a Corporation, of Denton, Texas ("TN&P"), to provide
professional engmeenng and surveying services to the City pertaining to the Pecan Creek Master
Plan Update, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described professional serwces, 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 bids, 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 City Manager is hereby authorized to execute a Professional
Services Agreement w~th Teague, Nail and Perkins, Inc, of Denton, Texas, for professional
engmeenng and surveying services pertmnmg to the Pecan Creek Master Plan Update, m
substantially the form of the Professional Services Agreement attached hereto and mcorporated
herewith by reference
SECTION 2 That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and quahficatlons of TN&P and the ablhty of TN&P to
perform the professxonal services needed by the City for a fair and reasonable price
SECTION 3 That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized
SECTION 4 That tlus ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the ]7~/~ day of fJ0.b/~l~3~(~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmanees\OO\Teaguc Nail & Perkins PSA Pecan Creek Master Plan doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING AND SURVEYING SERVICES
PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE
(hereafter "OWNER"), and Teague, Nail, and Perl~ns, Inc, a Texas Corporatton, with its offices at
The Radio Center Bmldmg, 235 West Hickory, Suite 100, Denton, Texas 76201 (hereafter
"CONSULTANT"), the parties acting herem, by and through their duly-authorized representatives
and officers
WlTNESSETH, that m conslderataon of the covenants and agreements herein contmned, the
parties hereto do mutually AGREE as follows
ARTICI,E I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herem m connection w~th the Project as
stated in the Articles to follow, w~th d~hgence and m accordance with the professional standards
customarily obtained for such services m the State of Texas The professional services set forth
herein are m connection with the following desenbed project (the "Project")
Professional engineering services pertaining to the prehnunary design and final design of, the
preparation of construction plans and spemfieattons for, services dunng the bidding process, the
performance of related eonstmctmn phase servmes, surveying services, and general representation
during construction for the Pecan Creek Master Plan Update
A RTIC. I ,F,, Il
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner
A To perform those professional services as set forth m the "Itenuzed Scope of Services",
regarchng Pecan Creek Master Plan Update, prepared by CONSULTANT for OWNER,
winch one (1) page document ~s attached hereto as Exinblt "A," and is mcorporated herem by
reference, winch document m comprised of, and subdivided mto the following sectmns
1 Phase I -Data CollecUon and Problem Identification,
2 Phase II - Analysis, and
3 Phase III - Optional Preparation of Elevatton Certificates
s~o.,~o~.~.~c~.~.~0~*~t~p~^p~..~,~ Page 1 of 10
B If there is any conthct, or if any conflict arises between the terms of tins Agreement and the
three (3) Exinints, Exhfints "A," "B," and/or "C," attached to fins Agreement, then m such
event, the terms and cond~nons of fins Agreement shall control over the terms and condmons
of the Exinints
ARTIfqI,i~, 111
ADDITIONAL SERVICES
Any addanonal services to be performed by the CONSULTANT, ff 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, m writing, the scope of such addtt~onal services, the amount of compensanon
for such addlnonal servmes, and other essential terms perta~rang to the pmwslon of such additional
services by the CONSULTANT
ARTICJ ~ IV
PERIOD OF SERVICE
Tins Agreement shall become effecnve upon execunon by the OWNER and the
CONSULTANT and upon the issuance of a nonce to proceed by the OWNER, and shall remmn m
force and effect for the period that may reasonably be reqmred for the complenon of the ProJect,
anclu&ng Additional Services, if any, and any reqmred extensions approved by the OWNER Tins
Agreement may be sooner tenmnated m accordance with the provisions hereof T~me ~s of the
essence ~n fins Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth hereto as expeditiously as possible and to meet the schedule reasonably
estabhshed by the OWNER, substannally in accordance w~th the Schedule set forth an Exlnint "B"
["ProJect Schedule"] attached hereto and incorporated hereto by reference, smd OWNER actmg by
and through as Assistant C~ty Manager for Ut~hnes, or Ins designee
ARTI/qI,E V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" ~s defined as those expenses, ~f any, recurred by
CONSULTANT m the employment of others In outside firms, for services m the area
of professional engmeenng, of surveying, or for related serxqces Any subcontractor or
subconsultant billing reasonably mcurred by the CONSULTANT m connecnon w~th
the ProJect shall be mvomed to OWNER by CONSULTANT at the actual cost plus ten
(10%) percent
2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably recurred by the CONSULTANT m the performance
of fins Agreement for long distance telephone charges, telecopy charges, messenger
sermces, printing and repmducnon expenses, out-of-pocket expenses for purchased
computer tune, prudently recurred travel expenses related to the work on the Project,
and samflar mmdental expenses recurred m connection wtth the ProJect Exhibit "C"
s~,~m.~=.~,...N~, · ~ a^ ~ ~ ~ Page 2 of 10
["Standard Rate Schedule For Re~mbursable/Multapher Contracts" respecting the
calendar year 2000] shall apply to the cost of the s~x (6) specific ~tems of threct cost to
be recurred m the performance of the ProJect, as expressly set forth ~n the "Dtrect Cost
ReLrnbursables" sectton of Exhibit "C," wbach exbab~t ~s attached hereto and
incorporated herewith by reference
B BILLING AND PAYMENT
For and m conmderat~on of the professmnal services to be performed by the CONSULTANT
hereto, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completlun
of thc Basra Services tasks set forth m the Scope of Services as shown ~n Artmle II above, as
follows
1 CONSULTANT shall perform ats work on tbas Project m accordance w~th the
provlmons of those three (3) tasks included ~n the Scope of Serwces set forth m Exhibit "A'
attached hereto and incorporated herewith by reference CONSULTANT shall perform the
smd professional serrates substantially m accordance with the project schedule set forth m
Exhibit "B" CONSULTANT shall be prod for services rendered pursuant to the Agreement
on the basis set forth m Exhihit "C" attached hereto, billed monthly CONSULTANT shall
bill from tune sheets, m rmmmum ¼ hour or smaller t~me ~nmements, at the hourly rates and
at the expense rates prowded for m the "Standard Rate Schedule" set forth m Exhibat "C"
OWNER agrees to pay to CONSULTANT for ~ts professional services performed, for ~ts
Subcontractor Expense, and for its D~rect Non-Labor, out-of pocket expenses ~ncurred m the
ProJect, a total lump-sm amount of fees and expenses not to exceed $108,000 00
2 Part~al payments to the CONSULTANT will be made monthly m accordance with the
statements reflecting the actual completion of the Basra Sennces, rendered to and approved
by the OWNER through ~ts Aas~stant C~ty Manager for Ut, htaes, or bas demgnee However,
under no c~rcumstances shall any monthly statement for services exceed the value of the
work performed at the t~me a statement ~s rendered The OWNER may withhold the final ten
(10%) percent of the above not-to-exceed amount until satisfactory completmn of the ProJect
by the CONSULTANT
3 Nothing contained m tbas Arttcle shall reqmre the OWNER to pay for any work which
is unsattsfactory as reasonably determined by the Assistant C~ty Manager for Uttht~es or his
designee, or which ~s not submitted by CONSULTANT to the OWNER m comphance with
the terms of tbs Agreement The OWNER shall not be required to make any payments to
the CONSULTANT at any tmae when the CONSULTANT is m default under flus
Agreement
4 It ~s specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would reqmre addlt~onal
payments by the OWNER for any charge, expense or remabursement above the not-to-exceed
amount as stated heremabove, w~thout 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 HI "Add~taonal Services" w~thout first obtaunng pnor written
authonzataon from the OWNER
C ADDITIONAL SERVICES For adchtnonal services authonzed in writing by the OWNER
in Arttcle nI heremabove, CONSULTANT shall be prod based on a m-be-agreed-upon
Schedule of Charges Payments for addlUonal semces shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Article V B
heremabove Statements for Basic Services and any additional services shall be subnutted to
OWNER no more frequently than once monthly
D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT'S
unchsputed statement thereof, the mounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the smd sixtieth (60th) day, and tn
addition, thereafter, the CONSULTANT may, after glwng ten (10) days written notme to the
OWNER, suspend services under flus Agreement until the CONSULTANT has been prod m
full for all amounts then due and owung, and not disputed by OWNER, for services, expenses
and charges Provided, however, notlung herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth hereto, if the OWNER reasonably
detenmnes that the CONSULTANT's work is unsatnsfactory, in accordance with Article V
B of flus Agreement, and OWNER has notified CONSULTANT of that fact m writing
ARTTCI,i~, 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
ARTICI ,l~, VII
OWNERSHIP OF DOCUMENTS
All documents prepared or funnshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to tins Agreement are instruments of service and shall
become the property of the OWNER upon the termination of flus 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 flus project and OWNER's
use of these documents m other projects shall be at OWNER's sole nsk and expense In the event
the OWNI~R uses the Agreement m another project or for other purposes than specified herem any
of the mformat~on or materials developed pursuant to flus Agreement, CONSULTANT is released
from any and all liability relating to their use m that project
INDEPENDENT CONTRACTOR
CONSULTANT shall provide sermces to OWNER as an tndependent contractor, not as an
employee of the OWNER CONSULTANT shall not have or clatm any right arising from
employee status
ARTT~T,F~, IX
INDEMNITY AGReEmENT
The CONS~T~ shall mde~ ~d save ~d hold h~less the O~R ~d ~ts
offim~s, office~, agents, a~omeys md mployees ~om ~d agmst ~y ~d all habd~t~es, clmms,
dem~ds, dmages, losses md expenses, mclu&ng but not hm~ted to co~ costs ~d m~onable
a~omey fees mc~ed by ~e O~ ~d ~ncludtng w~om h~tatlon, dmages received or
sustmned for bo~ly md pemon~ mjb, dea~, or prope~ dmage, resulting ~om, ~d
prox~ately camed by ~e neghgent acts or omissions of~e CONS~T~ or ~ts officers, ag~ts,
subcon~tors, subconsult~ts, ~or ~ployees m the execution, op~at~on, or perforate of
~s A~eement
No~g m ~s A~ement s~l be com~ed to create a habflx~ to ~y person who xs not a
p~ to ~s A~eement ~d no~g h~m shall wmve ~y of ~e p~'s defenses, bo~ at law or
eqm~, to ~y cl~, cause of action or h~gat~on filed by ~yone not a p~ to t~s A~eement,
including ~e defoe of govemental ~W, w~ch defenses ~e hereby expressly rese~ed
ARTICT,E ~
INS~CE
D~g the perfom~ce of ~e S~ces ~der tbs A~eem~t, CONS~T~ sh~l
mmntm ~e following ~ce m~ ~ ms~ce comply hc~sed to do business m ~e State of
Texas by ~e State ~s~ce Bo~d or ~y successor agency, ~at h~ a rating w~ A M Best Rate
C~ers of at le~t m "A-" or above
A Comprehensive G~eral L~ab~h~ hs~ce w~th bodily ~nj~ hm~ts of not less ~
$1,000,000 for each occ~ence ~d not less ~ $1,000,000 ~n ~e ag~egate, ~d w~
prop~ dmage lm~ts of not less ~ $100,000 for e~h occ~ence ~d not less ~
$100,000 m ~e ag~egate
B Automobde L~abflzW ~s~ce w~ bo~ly ~nj~ lints of not less th~ $500,000 for each
person ~d not less ~ $500,000 for e~h acmdent ~d w~ prope~ dmage lints for not
less ~ $100,000 for each ~md~t
C Worker's Compensauon Ins~ce m ~cord~ce w~ stamto~ req~ements md Employer's
L~abihW ~mce w~ lints of not less ~m $100,000 for each accident
D Professional Lmbfl~ ~s~ce ~ lm~ts of not less ~ $2,000,000 ~ual ag~egate
E CONS~T~ sh~l ~sh ~ns~ce ce~fficates or ~ns~ce pohmes to the O~R to
ev~d,nce such ~m~ce coverage ~e ~m~ce pohc~es shall nme ~e O~R ~ ~
addmonal m~ed on ~1 such pohc~es to ~e extent ~at ~s leg~ly possible, ~d sh~l con~ a
pro~s~on ~at such ms~ce sh~l not be c~celled or modified w~out at le~t ~ (30)
days prior ~en not,ce to O~R ~d CONS~T~T ~ such event, the
CONS~T~ sh~l, prior to ~e effective ~te of the chmge or cmcella~on of coverage,
dehver eop~es of my such substitute pohc~es, ~s~g at le~t ~e sine pohcy hints md
coverage, m O~R
ARTIST ,F~ KT
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any dasputes under thas Agreement by submlttang thc daspute
to arb~tratlon or other means of alternate daspute resolution such as med~ataon No arbltrataon or
alternate d~spute resolutaon ansmg out of or relating to, thts Agreement mvoMng one party's
disagreement may mclude the other party to the disagreement w~thout the other's approval
AI~TTCJ,F, KIT
TERMINATION OF AGREEMENT
A Notwithstanding any other prowslon of ttus Agreement, eather party may terminate thru
Agreement by provldmg tlurty- (30) days advance written notice to the other party
B Tlus Agreement may alternatively be terminated in whole or in part an the event of e~ther
party substantmlly fmhng to fulfill ats obhgatlons under this Agreement No such termanataon
wall be effected unless the other party ~s g~ven (1) written not~ce (dehvered by certffied marl,
return receipt requested) of intent to tenmnate and setting forth the reasons specff3qng the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
fmlure, and (2) an opportumty for consultation wath the terminating party prior to
terrmnatson
C If this Agreement is terminated prior to completmn of the services to be provided hereunder,
CONSULTANT shall munedmtely cease all servmes upon recmpt of the written notme of
termmatson from OWNER, and shall render a final bill for se~vmes to thc OWNER wathm
twenty (20) days after the date of termmataon The OWNER shall pay CONSULTANT for
all serwces properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notsce of termination being received by CONSULTANT, an accordance wath Article
V ofttus Agreement Should the OWNER subsequently contract wath a new consultant for
the eontmuatton of servmes on the Project, CONSULTANT shall cooperate in provlchng
mfonnatmn to the OWNER and to the new consultant If apphcable, OWNER shall allow
CONSULTANT a reasonable t~me to transition and to tuna over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or funushed by
CONSULTANT pursuant to flus Agreement to the OWNER on or before the date of
tcrrmnatmn, but may maintain cop~es of such documents for ats files
ARTTCJ ,i~, KIlT
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute, nor be deemed a release of the
responsablhty and habflaty of the CONSULTANT, ~ts officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to flus Agreement, nor shall such approval by the OWNER be deemed as an assumptmn
of such respons~b~hty by the OWNER for any defect m the desagn or other work prepared by the
CONSULTANT, its prmc~pals, officers, employees, agents, subcontractors, and subconsultants
A~T~T ~ ~
NOTICES
All not,ecs, commumcatlons, and reports required or permitted under flus Agreement shall be
personally idehvered to, or telecopled to, or mmled to the respective parties by depositing same in
the United States mini at the addresses shown below, postage prepmd, 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 McK~nney
235 West I-hckory, State 100 Denton, Texas 76201
Denton, Texas 76201
Fax (940) 383-8026 Fax (940) 349-8596
All notices g~van under flus Agreement shall be effective upon their actual receipt by the
party to whom such not, ce is g~ven
ARTTCT ,17, ~
ENTIRE AGREEMENT
Th~s Agreement consisting of ten (10) pages and three (3) exinblts 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, commumcat~ons, understandings, and
agreements whmh may have been made in connection with the subject matter of flus Agreement
ARTICI,F,
SEVERABILITY
If any promsmn of flus Agreement is found or deemed by a court of competent junsdmt~on to
be invalid or unenforceable, it shall be considered severable from the remmnder of flus Agreement,
and shall not cause the remainder to be mvahd or unenforceable In such event, the parties shall
reform flus Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision wluch comes as close as possible to expressing the original
intentions of the part,es respecting any such stricken provision
AltTTCI,I~. xrvII
COMPLIANCE WITH LAWS
The CONSLTLTANT shall comply with all federal, state, local laws, roles, regulations, and
ordmances apphcable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
S ~Our Do~tlm~t~C~ll~T~l N~II l~ l~*f kl~ I~A Pe~la Cr~k ~'~ do~ Page 70 f 10
AR~T~T ~ ~VTTT
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, the CONSULTANT shall not chscnm~nate
agmnst any person on the basis of race, color, rehg~on, sex, national ongm or ancestry, age, or
physmal hanchcap
ARTICI,E ~I~
PERSONNEL
A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel required
to perform all the servmes reqmred under tins Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations w~th the OWNER
CONSULTANT shall ~mme~hat¢ly m_form the OWNER m writing of any conflict of interest
or potentml conflmt of interest that CONSULTANT may dmcover, or winch may arise during
the term oft}ns Agreement
B All sermces mqmred hereunder will be performed by CONSULTANT or under its d~rect
supervision All personnel engaged ~n performing the work prowded for ~n tins Agreement,
shall be quahfied, and shall be authorized and peruntted under state and local laws to perform
such services
ARTTC~I ,F, ~X
ASSIGNABILITY
The CONSULTANT shall not asmgn any interest m t}ns Agreement and shall not transfer
any ~nterest m t}ns Agreement (whether by assignment, novation or otherwtse) wathout the prior
written consent of the OWNER CONSULTANT shall promptly not~fy OWNER tn wntmg of any
change or,ts name as well as of any s~grnficant change ~n ~ts corporate structure or ~n its operations
ARTICI ~F, XXI
MODIFICATION
No wmver or modfficat~on of tins Agreement, or of any covenant, condition, lnn~tat~on hereto
contained shall be vahd unless m writing and duly executed by the party to be charged therewath
No evidence of any wmver or mochficat~on shall be offered or received m evidence m any
proceeding arising between the part, es hereto arising out of, or affecting tins Agreement, or the
ngins or obhgat~ons of the part,es hereunder, unless such wmver or mod~ficatmn ~s m writing, duly
executed The part~¢s furtho' agree that the provisions of t}ns Arttcle wall not be wmved unless as
hereto set forth
ARTICI,E XXlI
MISCELLANEOUS
A The following exinints are attached to, incorporated herewtth by reference, and ~s made a part
of tins Agreement for all purposes pertinent
Exinint "A" - "Itemized Scope of Services" [one (1) page document]
~'O,,r~*,.~,,,.~O,T,~,,~,....~.~...~.,.C~,~,~. Page 8 of 10
Ex.h2blt "B" - "ProJect Schedule" [one (1) page document]
Exhibit "C" -- "Standard Rate Schedule for Relmbursement/Multtpher Contracts" for
calendar year 2000 [one (I) page document]
B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the
final payment made by OWNER under ttus Agreement, have access to and the right to
exatmne any directly pertinent books, documents, papers and records of the CONSULTANT
revolving transactions relatang to ttus Agreement CONSULTANT agrees that OWNER
shall have access dunng normal working hours to all necessary CONSULTANT facthties and
shall be provided adequate and appropriate workang space in order to conduct examinations
or audits m compliance with tins Amcle OWNER shall give CONSULTANT reasonable
advance notice of all intended examinations or audits
C Venue of any suit or cause of action under tins Agreement shall he exclusively tn Denton
County, Texas Tbas Agreement shall be governed by and construed m accordance with the
laws of the State of Texas
D For purposes of tlus Agreement, the parties agree that the ProJect Manager shall be Gary
Vtckery, P E Ttus Agreement has been entered into w~th the understanding, expectation,
and the OWNER's reliance, that the above-stated employee of CONSULTANT shall perform
all or a slgmficant 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 ttus 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 inmdental services reqmred
hereto, under its supervision or control
E CONSULTANT shall commence, carry on, and complete its work on the ProJect with all
applicable thspatch, and tn a sound, economical, efficient manner, and m accordance wlth the
prommons hereof In accompbshmg the ProJect, CONSULTANT shall take such steps as are
appropriate to ensure that the work revolved is properly coordinated w~th any related work
being earned on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all avmlable mformation pertinent to the ProJect, including previous reports, any other data
relative to the Project and arranging for the access to, and make all promslons 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 funushed to
it by OWNER without the need for further inquiry or investigation into such reformation
G The captions of tins Agreement are for reformational purposes only and shall not in any way
affect the substantive terms or cond~taons ofttus Agreement
1N WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed tltts
Agreement m four (4) original counterparts, by and through as duly-authorized City Manager, and
s,o~oo,~,~,~,,~....,~,~,~,~^p~=o,.k,~ Page 9 of 10
CONSULTANT has _ex~t:uted tlus Agree!~ent I~Y_ apd through ~ts duly-authorized undermgned
officer on tins the ~'~'/~c..--- day of ~-.)~ ,2000
CITY OF DENTON, TEXAS
A Texas Mummpal Corporation
lcha~l ~,em, ~nag~r
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
"CONSULTANT"
TEAGUE, NALL, AND PERKINS, INC
A Texas Corporation
By ~t.,~ ///~
ATTEST / ~
By
EXHIBIT 'A'
ITEMIZED SCOPE OF SERVICES
Teague Nail and Perkins, Inc, (TNP) shall render the following professional services (BASIC SERVICES)
necessary for the development of the project
Phase I - Data Collection and Problem Idenhficatlon F~xed Fee $73,000
· Send wntten nobflcat~on to property owners, adws~ng them of the work to be done, and requesbng
permission to enter private property as necessary
· Shoot fimsh floor elevations for all habitable structures ~n or ~mmed~ately adjacent to the ultimate
100-year floodplain (approx 700-800 structures)
· Run hydrauhc models from the previous study w~th mulbple profiles for both FEMA and ulbmate
discharges and estabhsh hm~ts and depths of flooding for each frequency event The profiles to be
evaluated w~ll ~nclude the FEMA 100-year and the fully developed cond~bons 2-, 5-, 10-, 25-, 50-,
and 100-year events Buildings w~ll be evaluated w~th respect to the 10-, 25-, 50-, and 100-year
events, wh~le bndges and culverts w~ll be evaluated w~th respect to all of the storm events Models
from the previous study w~ll be used for th~s analys~s L~m~ted additional field surveying (up to two
days in the field) w~ll be conducted to address any changes or updates necessary to the models
· Determine the level of protecbon currently provided at crossings and buildings A color-coded
exhibit can be used to ~llustrate our findings, along w~th a table to be presented m a summary report
· Prepare a summary report, ~nclud~ng the exhibits and tables menboned above, that supplements the
1997 study
· Present summary report to the City Council and/or Pubhc Utlhtles Board
Phase II- Analysis Fixed Fee $26,000
· TNP will develop models of proposed )mprovements necessary to contain the 25-year storm w)thm
the channel banks Butldlng finish floor elevations obtained in Phase I w~ll be evaluated with respect
to the 50-year and 100-year storms with the proposed improvements in place The goal will be to
determine how much 100-year protection )s provided by channehzlng the 25-year storm event It is
hkely that several iterations and/or alternatives will need to be considered
· TNP will review our findings with City staff to determine ~f project objectives are being met In the
event that ~mprovements based on the 25-year storm do not produce the desired results with regard
to lO0-year protection, we will work w~th staff to rewse the scope of the remaining effort with new
objecbves
· Based on th~s staff rewew, cost estimates will be developed for the altemabves that most completely
address project objectives
· Cost-benefit analysts will be performed to select among alternatives and to pnont~ze ~mprovements
· Prepare a report to summanze findings
· Present summary report to the C~ty Council and/or Public Ubl~t~es Board
Phase III - Optional Preparation of Elevation Certificates F~xed Fee $9,000
· After the analys~s is complete, we w~ll nobly owners of structures that m~ght benefit from preparation
of Elevabon Certificates for use in submittal of a LOMA or LOMR
· Based on the response of property owners and the d~recbons from the C~ty staff, we w~tl obtain
add~bonal ~nformat~on (primarily adjacent ground elevabon) regarding specified structures (up to 75
structures), whether residential or commercial, for the purpose of prepanng Elevation Certificates
Th~s task w~ll be done on an as-requested basis for buildings that could be removed from the
floodplain by a LOMR or LOMA process Actual preparation of a LOMA or LOMR ~s not included ~n
th~s scope of services
· Phase III wdl not beg~n w~thout authonzabon from the CLIENT The actual fee associated w~th
Phase III may vary from the fixed fee shown, depending on the number of elevation certificates to be
prepared The fee shown ~s for a maximum of 75 certificates
EXHIBIT 'B'
PROJECT SCHEDULE
TNP shall endeavor to accomplish the work m accordance w~th the following schedule
Phase I - Data Collection and Problem Identification
Phase I, including field surveying, hydrauhc modeling, and report preparation, w~ll be completed w~th~n 90
working days of receipt of written Authorization to Proceed
Phase II - Analysis
Phase II, ~nclud~ng hydrauhc modehng, analysis of potential ~mprovements, cost estimates, and report
preparation w~ll be completed w~thm 75 working days of approval of the Phase I report and wntten
Authonzat~on to Proceed w~th Phase II
Phase III - Optional Preparation of Elevation Certificates
Phase III w~ll proceed after completion of Phase II The schedule w~ll be set after ~t ~s determined how many
Elevabon Cerbficates w~ll be prepared
EXHIBIT 'C'
TEAGUE NALL AND PERKINS, INC
Standard Rate Schedule for Relmbursable/Multlpher Contracts
Effeotive January 1, 2000 to December 31, 2000
(updated 3/7/00)
Eng,neer,n~l ! Techn,cal From To
Principal $125 $150 Per Hour
Senior Engineer $75 $106 Per Hour
Engineer $65 $95 Per Hour
Graduate Engineer $55 $80 Per Hour
Sen~or Designer $65 $95 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 $37 50 $50 Per Hour
Surveym~l From To
R P L S $75 $95 Per Hour
Sen~or SurveyTechn~c~an $55 $65 Per Hour
Junior SurveyTechnic~an $45 $55 Per Hour
2-Person F~eld Creww/Equ~pment $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 Robotic Creww/Equ~pment $75 $85 Per Hour
2-Person Robotic Crew w/Equipment $95 $105 Per Hour
DIrect Cost Reimbursables
Xerox Cop~es $0 10/page
Plots (Full Size) $10 00/each
Plots (11" x 17") $2 50/each
Bluehne Prints $1 00/each
Mylar Sepias $4 00/each
Mdeage $0 31/mde