1999-051 O ANCE NO q -057
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HUITT-
ZOLLARS, INC FOR ARCHITECTURAL AND ENGINEERING SERVICES PERTAINING
TO THE~ DESIGN AND CONSTRUCTION OF THE CITY OF DENTON VEHICLE
MAINTENANCE FACILITY, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems xt in the pubhc ~nterest to engage Hultt-Zollars, Inc
to prowde professional areh~tactural and eng~neenng services to the C~ty pertmmng to the design
and construction of the Cxty of Denton vehicle mmntenance fac~hty, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", prowdes that a C~ty may not select a provider of professional
services on the bas~s of competmve b~ds, but must select the prowder on the bas~s of
demonstrated competence and quahfieat~ons, and for a fair and reasonable price, and
WHEREAS, the professional fees as prowded m the Professional Services Agreement are
fair and r~asonable, cons~denng all relevant factors, and smd professional fees do not exceed any
maximum provxded by law for such professional services, and
W/HEREAS, the C~ty Cotmefl has provxded m the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth m the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SI~CTION I. That the C~ty Manager ~s hereby authorized to execute a Professional
Services IAgreement w~th Hum-Zollars, Inc for profesmonal architectural and engmeermg
services l~ertmmng to the design and construction of the C~ty of Denton vehicle maintenance
facility, m substantmlly the form of the Professional Servtces Agreement attached hereto and
incorporated herewith by reference
SECTION II That the award of thru Agreement ~s on the bas~s of the demonstrated
competence and quahfieat~ons of Huxtt-Zollars, Inc and the abthty of Hum-Zollars, Inc to
perform t~e serwces needed by the C~ty for a fulr and reasonable price
SECTION III That the expenditure of funds as prowded m the attached Professxonal
Services Agreement ~s hereby authorized
SECTION IV That this ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED th~s the//Pf'x- day of . ,1999
JAC~t~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docun~ents\Ordmanees\99\Hmtl-ZollarsPSA (veh mnt faCll) doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECTURAL AND ENGINEERING SERVICES PERTAINING TO
THE DESIGN AND CONSTRUCTION OF THE
CITY OF DENTON VEHICLE MAINTENANCE FACILITY
~jTHIS AGREEMENT ~s made and entered into as of the day
of
,_~.dJJ~ ~4 ~-- ,1999, by and between the C~ty of Denton, Texas, a Texas Mumc~pal
Corl~ora~xon, w~th i~nnc~pal offices at 215 E McK~nney Street, Denton, Texas .76201 (hereinafter
"OWNER") and Hflf~t-Zollars, Inc, a Corporatxon, w~th xts offices at 500 West 7~ Street, State 300,
Fort Worth, Texas 76102 (hereinafter "CONSULTANT"), the partxes acting here~n, by and through
thexr respectave duly-authorized officmls and representatives
WITNESSETH, that m consideration of the covenants and agreements herein contmned, the
part,es hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts w~th CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the serwces herein ~n connection w~th the ProJect as
stated in the Articles to follow, with diligence and xn accordance with the hlgbest professional
standards customarily obtmned for such services xn the State of Texas The professxonal services
set forth here~n are m connectaon w~th the following described project Professional Archttectural
and Engmeenng Servxces Pertmmng to the Design and Construction of the C tty of Denton Vel~cle
Mmntenance Faclhty (the "Project")
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following servtces m a professtonal manner
A To perform all those servmas and tasks as set forth ~n CONSULTANT'S proposed "Fee
Proposal for Destgn of Vehtcle Maintenance Facthty" which xs contained m that certmn four
(4) page letter dated January 6, 1999 from Charles T Aldredge, P E, Vice Prasxdent of
CONSULTANT to Earl Crews, Dxrector of Utflltxes Fmanmal and Admmxstrat~ve Services,
winch letter ~s attached hereto and incorporated herewith by reference as Attachment"A"
B CONSULTANT shall perform all those services set forth m any xndlv~dual task orders which
shall be attached to this Agreement and made a part hereof for all purposes as separate
agreements
C If there ~s any conflict between the terms of thxs Agreement and the Attachments attached to
th~s Agreement, the terms and cond~tmns of th~s Agreement shall control over the terms and
condmons of the Attachments or task orders
ARTICLE III
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 remmn in
force for the period which may reasonably be required for the completion of the Project, and any
required extensions approved by the OWNER This Agreement may be sooner terminated in
accordance vath the provisions hereof Time is of the essence in this Agreement The
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule(s) established by the OWNER, acting through
its Assistant Clty Manager for Utflmes or his designee
ARTICLE IV
COMPENSATION
A COMPENSATION TERMS
"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
expense reasonably incurred by the CONSULTANT ~n the performance of this Agreement
for mt'fare, taxi fare, lodging, meals while traveling, parking fees, tolls, automobile rental
(when reasonably necessary), ground transportation, long-distance telephone charges,
telecopy charges, pnntmg and reproduction costs, and other incidental expenses incurred in
connection w~th the ProJect
B BILLING AND PAYMENT
For and in conslderationof the professional services to be performed by the CONSULTANT
hereto, the OWNER agrees to pay CONSULTANT based upon a "time and materials" basis,
at the applicable rates as are set forth in the "Basis for Professional Fees and Charges" dated
October 1, 1998, attached hereto as Attachment "B", which Attachment "B" is incorporated
by reference herewith, a total fee, including reimbursement for direct non-labor expense, not
to exceed $147,000
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its Assistant City Manager for
Utilities or las designee, however, under no clmumstances shall any monthly statement for
services exceed the value of the work performed at the time a statement is rendered The
OWNER may w~thhold the final ten (10%) percent of the contract mount until satisfactory
completion of the Project
Nothing contmned in tlas Amcle shall require the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his
designee, or wlach is not submitted to the OWNER in compliance with the terms of this
Agreement The OWNER shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under the terms of this Agreement
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 maximum not to exceed
fee as stated heremabove, without first having obtmned written authorization from the
OWNER
C PAYMENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within forty-five (45) 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 the smd forty-fifth (45th) day, and m addition, the CONSULTANT
may, after giving ten (10) days' written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been prod 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 work is
unsatisfactory, in accordance with Article IV of this Agreement
ARTICLE V
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 subcontractorsor subconsultants
ARTICLE V.I.
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to thts 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 a~.dS
furnished by the CONSULTANT are intended only to be applicable to this pro3ect and oWNER
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 mformat~on or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relatang to their use in that project
ARTICLE VII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services 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
ARTICLE VIII
INDEMNITY AGREEMENT
The CONSULTANT shall mdemmfy and save and hold harmless the oWNER and ~ts
officials, officers, agents, attorneys and employees from and against any and all liability, clmms,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including w~thout limitation damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attomeys and 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 clmm, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmentallmmunlty, which defenses are hereby expressly reserved
ARTICLE IX
INSURANCE
Dunng the performance of the Services under th~s Agreement, CONSULTANT shall
mmntaln the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Commission or any successor agency, that has a rating with A M
Best Rate Carriers of at least an "A-" or above
A Comprehensive General Liability Insurance w~th bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 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 w~th property damage limits for not
less than $100,000 for each accident
C Worker's Compensation Insurance in accordance w~th statutory requirements and Employer' s
Llablhty Insurance with limits of not less than $100,000 for each accident
D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certfficates or insurance pohcles to OWNER to
evidence such insurance coverage The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent legally possible, and shall contmn a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effecUve date of the change or cancellation of coverage, deliver copies of any
such substitute policies furnishing at least the same pohcy limits and coverage to OWNER
ARTICLE X
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
&sagreement may include the other party to the disagreement w~thout the other's approval
ARTICLE XI
TERMINATION OF AGREEMENT
A Notwathstandmg any other provas~on of thas Agreemem, eather party may terminate flus
Agreement by provadmg flurty (30) days advance wntten nouce to the other party
B Th~s Agreement may be terminated an whole or an part m the event of e~ther party
substanually fmhng to fulfill ~ts obhgataons under thas Agreement No such term~nataon will
be effected unless the other party ~s gaven (1) written notaee (dehvered by cemfied marl,
return receapt requested) of antent to termanate and settang forth the reasons specffyang the
nonperformance or other reason(s), and not less than (30) calendar days to cure the fmlure,
and (2) an opportumty for consultataon wath the termxnat~ng party prior to termtnatxon
C If the Agreement ~s ternunated prior to completaon of the servmes to be provaded hereunder,
CONSULTANT shall ammedmtely cease all servmes and shall render a final bill for serrates
to the OWNER waflun tharty (30) days at, er the date oftermxnataon The OWNER shall pay
CONSULTANT for all servaces properly rendered and satasfactonly performed, and for
mxmbursable expenses prior to notace of termanataon being recexved by CONSULTANT, m
accordance wath Artxcle IV of thas Agreement Should the OWNER subsequently contract
w~th a new consultant for the contanuataon of services on the Project, CONSULTANT shall
cooperate an provadmg mformataon to the OWNER and the new consultant The
CONSULTANT shall mm over all documents prepared or fumashed by CONSULTANT
pursuant to thas Agreement to the OWNER on or before the date of termmataon but may
mamtmn copaes of such documents for ~ts files CONSULTANT agrees that at shall also fully
comply wtth any and all written requests received from the OWNER, through ats Director of
Electric Utnht~es, to mmntaln confidentmhty respecting certain designated records,
documents, and other written materials related to the Project, which the OWNER reasonably
determines as compet~tavely senmt~ve, and would hkely cause damage to the OWNER ~f
&sclosedto the pubhc or to any other person, party, or entaty
ARTICLE XII
RESPONSIBILITYFOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constatute nor be deemed a release of the
responsabflaty and habahty of the CONSULTANT, ~ts officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their desagns or other work performed
pursuant to thas Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsabfiaty by the OWNER for any defect an the desagn or other work prepared by the
CONSULTANT, ars officers, employees, agents, subcontractors,and subconsultants
NOTICES
All not,ecs, commun~catlons, and reports reqmred or permitted under thas Agreement shall be
personally delavered or marled to the respeetave pames by deposmng same ~n the Umted States mml
at the addresses shown below, by means of U S Marl, postage prepmd, certffied mml, return
receipt requested, unless otherwtse specffied hereto
To CONSULTANT To OWNER
Hmtt-Zollars, Inc City of Denton, Texas
Attn Charles T Aldredge, P E Attn Howard Martin
Vice President Assistant City Manager for Utilities
500 West 7~ Street, Suite 300 215 East McKlnney
Fort Worth, Texas 76102 Denton, Texas 76201
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or within three (3) days after mailing, whichever event shall first occur
ARTICLE XIV
ENTIRE AGREEMENT
Thas Agreement consisting of nine (9) pages and two (2) Attachments 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, representattons, negotiations, discussions, communications, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement
ARTICLE XV
SEVERABILITY
If any prowslon ofttus Agreement is found or deemed by a court of competentjurlsdmtion to
be invalid or unenfomeable, it shall be consadered severable from the remmnder of th, s Agreement,
and shall not cause the remmnder to be invalid or unenfomeable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision wath a
valid and enforceable provis,on which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XVI
COMPLIANCE WITH LAWS
CONSULTANT shall comply w~th all federal, state, local laws, rules, regulations, and
ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, the CONSULTANT shall not discriminate
agmnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap
ARTICLE XVIII
PERSONNEL
A CONSULTANT represents that it has or wall secure at its own expense all personnel required
to perform all the services reqmred under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relattons with the OWNER
CONSULTANT shall inform the OWNER of any conflict of tnterest or potential conflict of
mterest that may arise dunng the term ofthts Agreement
B All services reqmred hereunder will be performed by the CONSULTANT or under Its direct
supervtslon All personnel engaged an perforrmng the work provided for tn thts Agreement,
shall be quahfied, and shall be anthonzed and permttted under state and local laws to perform
such services
ARTICLE XIX
ASSIGNABILITY
CONSULTANT shall not assign any interest tn this Agreement and shall not transfer any
mterest tn this Agreement, tn any manner whatsoever (whether by assignment, novation or
otherwise) wtthout the prior written consent of the OWNER
ARTICLE XX
MODIFICATION
No waiver or modffiCatlon of this Agreement or of any covenant, condition, limitation herein
contatned~shall be valid unless an writing and duly executed by the party to be charged therewith
No ewdence of any waiver or modification shall be offered or received an evidence tn any
proceedmg arising between the parties hereto out of or affectmg this Agreement, or the rights or
obhgattons of the part,es hereunder, unless such waiver or modffication is tn writing, duly
executed The parties further agree that the provisions of this Artmle wall not be waived unless as
herein set forth
ARTICLE XXI
MISCELLANEOUS
A The following Attachments are attached to and made a part of this Agreement
1 Attachment"A" --- Fee Proposal for Design of Vehicle Maintenance Facility
(Letter dated January 6, 1999)
2 Attachment "B" -~- Basts for Professional Fees and Charges (October 1, 1998)
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years a~er the
final payment ts made by OWNER under this Agreement, have access to and the right to
examine any directly pertment books, documents, papers and records of the CONSULTANT
mvolwng transactions relating to this Agreement CONSULTANT agrees that OWNER
shall have access dunng normal working hours to all necessary CONSULTANT facilities
and, shall be provided adequate and appropriate working space tn order to conduct
examinations or audits in comphance with this Article OWNER shall give CONSULTANT
reasonable advance notme of all intended examinations or audits
C Venue of any stat or cause of action under this Agreement shall he exclusively in Denton
County, Texas This Agreement shall be governed by and construed tn accordance with the
laws of the State of Texas
D For the purpose of thts Agreement, the key person who will serve as ProJect Manager
respecting tins engagement shall be Charles T Aldredge, P E, Vine President of
CONSULTANT
E CONSULTANT shall commence, carry on, and complete tts work on the ProJect wtth all
apphcable dmpatch, and m a sound, econommal, efficmnt manner, and tn accordance with the
prowstonshereof In accomphslungthe Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work tnvolved ts properly coordtnated with related work betng
carried on by the OWNER
F OWNER shall assist the CONSULTANT by placing at the CONSULTANT's dtsposal all
available mformatton pertxnent to the ProJect, tnclud~ng prevtous reports, any other data
relative to the Project and arranging for the access to, and make all prowstons for the
CONSULTANT to enter ~n or upon, pubhc and private property as reqmred for the
CONSULTANT to perform professtonal servmes under thts Agreement
G The captions of thas Agreement are for informational purposes only and shall not ~n any way
affect the substanttveterms or condmons of thts Agreement
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement tn four
(4) original counterparts, by and through ~ts duly-authorized C~ty Manager, and CONSULTANT
has//executed this Agre~]a.en] by and through its duly-authorized understgned officer, on th~s the
"CITY"
CITY OF DENTON, TEXAS /
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
HUITT-ZOLLARS INC, a Corporation
Charles T Aldredge, P E ·
Vice President
ATTEST
By
HUI-I'T~7OLIAES
Hu~ttZollars Inc /500W 7thSttee! Su~te300tFodWort~ Texas761Q2399Ojphone(817) 335 30001Metro (817) 42912911Fax (817) 335 1025
January6 1999
Mr Earl Crews
Cny of Denton
215 East McKlnney Street
Denton Texas 76201
RE FEE PROPOSAL FOR DESIGN OF VEHICLE MAINTENANCE FACILITY
Dear Earl
We appreciate the opportumty to submit a proposal the above-mentioned facility This proposal is based on
the Preliminary Space Program Report dated November 30 1998 The fees are to design and provide
professional serv~cas in suppor~ of construction of the fac l[~ty requirements ~dentlfied ~n ~he Space Program
The stipulated fee for these activities is $147,000 00 (one hundred forty-seven thousand dollars and
no/100) The fee is based on the following assumptmns and condltmns
DESIGN
Provide all technical spectfications and drawings necessary to bid and construct the budding
Design Issues
No services are provided for the selact~on, coordmatwn and specification of fi~e standing maintenance shop
eqmpment to be purchased d~rectly by the owner Hmtt-Zollan will work with the owner to provided utdmes
to support existing or future equipment where the owner can identify ~he cqmpment during the design
Equipment to be built into the structure will be bought under the scope of the general con.actor Informatmn
for freestanding equipment will be provided to allow coordination of utdmes, but wilt be ~dentlfied as 'not m
cone'act" for the generel con~ractor
Fire Protection
The desl~l assumes the budding will have a sprinkler system We need flow test (pressure and flow
information) for the existing water supply to perform thc design for the spnnkler system Please be aware
that dependm$ on flow teat mformatton, an auxdmry fire pump may be required to meet the water supply
needs of the system
The destgn will include all requtrements for power m thc facdlty It m ant~cipated that telephone and data
systems will be Integrated with the city s ex~stmg systems Our design will include coordination with thc
city and the local utd~ty to provide termination locations and conduit, but wiring, devices and terminations
will be provided by the cIty This assumes the city has equipment and operational agreements with a local
vendor to install and keep these systems operational
Page 2
Mr Earl Crews
January6 1999
$~te DesIgq
As discussed, the site design will be hmlted We wdl provide all utihty ~nformanon out to the five foot
building line The city will brmg utilities to these locations The s~te utdmes will be provided prior to the
general contractor's need The connections wdl then be included m the general contractor s scope The
s~te design will ~nclude grading design immediately adjacent to the budding (approximately 100 feet on all
sides) This tnfurmatlon will be provided to the city for c~ty forces to prepare the site grades for the
contractor to finish the pad for the building The contractor will be responsible for final grades at the
building pad end sub-grade preparation The design will mclude thu, ty-foot wide aprons adjacent to the
building Pavement beyond this limit wdl be addressed in the future as part ora master plen for the overall
site end is not m the scope of this project in addition, no effort ts included to address envu'onmental issues
wtthm this proJect
BIDDING AND NEGOTIATIONS
This is the process of obtaining bids for qualified contractors agreeing upon a contract amount and
schedule to build the building
Bidding end negotiations activities by Hultt-Zollars will be determined as we get closer to *.he tune of bid The
design will include all technical requirements for the contractor There wdl also be contractual requirements
end procedures for bidding the project Dunng the bidding phase all issues relating to contracts issuing
drawings to contractors, receipt of bids end evaluation of the bids will occur This phase would also include
eny ne$otlatlons requured with the apparent Iow bidder prior to signing a cuntract Fmahzation of the contract
would requu'e effort by the owner's legal representation However, the design professionals as a precursor to
a contract can prepare portions of the cone'act We cen generate all of the bidding documents end partic~pate
in the process As noted, we have provided fee values assuming we will be responsible for this activity
No fees ate shown for printing end d~stnbutlon of bid documents These costs cen be offset by the contractor
paying for documents If thrs is not allowed by the city, then the cost would need to be addressed As pan of
our set'vlcos we will provide a reproduet~on reedy set of technical spectficatlous end design drawings to bc
used to generate the b~d documents Addttmnal copies or expenses will be provided at cost plus ten percent
CONSTRUCTION PHASE SUPPORT
During the construction the conl~actor will have submittals for technical review, payment requests and w~l~
issue Request for Information (RFIs) to clarify his understanding, of the design drawings Professional
services can include review of eny or all of these and cen also include full or part tune representation of the
owner m the field to monitor the consl~uctton acttvmes Typically as a mmunum, the design team wdl
perform review of submlrtals
These mclu~e total acceptance punch lists, reviewing and coordmattou of the contractor's training to the
owner of various Opetattonal end Mamtenence issues, and cuntirmmg the enmpletton of the construction as
the contractor obtains Cemficat~on of Occupancy from the ctty In addmon, Record Documents wdl be
generated to reflec~ any changes made by the con~u:tor during the conslructton that are different then shown
on the design drawings
The fee for the design is proposed on a fixed fee basis The fees for the other components are proposed for
budgetary purposes and will be performed on en hourly basis We understand that the actual fees for the
hourly components wtll be determined at a later date, depending on the parttclpatlon of ctty persounel The
proposed fees assume that all effort is as scopod m this proposal
Page ~
Mr £arl Crews
Janua~ 6 1999
SERVICES NOT INCLUDED
These fees do not include geotechmcal ~nvest~gat~on or boundary/topographic survey The geotechmcal
mvesttgat~ou Is required to determine the type of foundattou system to be used and the preparation of the
subsurface sods As you are aware, there is a concern about ~ssues related to environmental condmons at
the site As mvastlgatlon and master planning move forward to address the envtroumental concerns
geotechmcal and subsoil mvastlgatlous wdl be performed During that process, sufficient mformattou to
address, the preparation and foundations for the maintenance budding can be obtained This needs to be
coordinated if the geotechnmal for the budding is performad separately, these services can be obtamad bY
the c~ty or by HZI We will write the scope of the mvesttgat~on in either case to identify the mfurmatton
needed for design Survey mformatlou is needed to ~dentlfy locations of all existing features on the gr°und
locate existing utilities and determine existing grades You have tndtcatad that a survey ts avadable
Please provide this to us at your earliest convenience If aflar review of the survey addmouai ~nformatton
ts required we will identify the needs and if requested, can perform the necessary survey tasks to obtain the
information
These fee do not include full t~me field representation during construction Site visits wdl be made by
Hmtt-Zollars as we deem necessary, but only to the extent required to stay aware of the slams of
consUuctlon and to monitor progress The city of Denton will provide staff to act as the Owner s
representative for daily coordination and supervision of the construction effort
SCHEDULE
We reahze there :s a requirement to have this proJect under construction contract by the end of fiscal year
1999 We can complete the design m approxunateLy eight weeks and anticipate the bidding and contracting
effort to take approxu~a~ely 60 days Therefore we recommend assuming a total 5 mouth durauon fi'om
Notice to proceed of design to releasing the cou~racmr Our estanate ts that coustructmn should last no louger
than 6 mouths, after thc contractor ts gtven the s~te wtth grades and utdmes, provided by the c~ty
^sam, I appreciate the opportunity to coutmue our relattoushtp with you and your s~aff We can begin
m~medtately and of comse, tfyou should have any questions, please feel flee to call
HUITT.ZOLLARS, INC
Charles T Aldredge, PE
Vice Pres~dant
.O-,OC; 0-,9' .0- OC~ I
BASIS FOR PROFESSIONAL FEES AND CHA. RGE~
OCTOBER 1,1~98
ProJeCts m~ to be pm/Knmed o~ a "Tune and Maim'mis" basra will b~ mvo3ceci monthly using actual direct sala,'T'
cos~ for the persens working on the pmjec~ tunes a mu~phm' wluch is an overhead factor including profit The cu~em
year multiplier is ~ ~t 'l~c Seneral ran8es of ~..,~. sala~ cost for various employe~ a~e ~ ~llows
SURVEY CREWS WILL BE INVOICRD ON AN HOURLY RATE I~SIS
2 Pmon Total Stmoa C~v $ 85~
4 P~ ~ $125 ~
2P~G~ $15000
3~O~C~ $175~
HOURLY BILl,lNG RATES
EXPERT WITNES~
Temmo~y $260 00
SUmdby $130 00
Preparation $13000
REIMBURSABLE EXPENSES WILL BE INVOICED AS FOLLOWS
CADD/Compu~r CPU $17 O0/hour
111 Home B~o Pr~llts $ 0
In House iVao~es $ 0 06/l~lge
Omside Sm. vices Cost + 10%
~iJeag~ $ 0 ~2/mile