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1999-182 O IN CE NO q AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WIER & ASSOCIATES, INC FOR BR1NKER ROAD EXTENSION ENGINEERING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Cotmcll deems it in the public interest to hire Wler & Associates, Inc to provide professional engmeenng services to provide surveys, geotechmcal bonngs and subgrade recommendations, and design services for extension of Bnnker Road, NOW, THEREFORE, . THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Professional Services Agreement with Wler & Associates, Inc for professional engmeenng services for Brmker Road Extension, in substantially the form of the Agreement attached hereto and incorporated herein by reference SECTION II That the expenthture of funds as provided in the attached Agreement is hereby authorized ~ That this ordinance shall become effective lmme&ately upon its passage and approval P,SSED AND APPROVED thls the /~day of (~'/~ ,1999 JA~M'~LLER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \shared\dept~LGL\Our Documents\Ordmances\99\w~er &Assoctates ordinance doc PROFESSIONAL SERVICES AGREEMENT FOR BRINKER ROAD EXTENSION STATE OF TEXAS § COUNTY OF DENTON § ./q.THIS AGREEMENT is made and entered into as of the ,/~'~'~ day of , 19~_.~by and between the City of Denton, Texas, a Texas mummpal oraUon, wxth its pnnclpal office at 215 East McKanney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Wter &Assoetates, Inc., w~th its corporate office at 4300 Beltway Place, Suite 130, Arhngton, TX 76018, hereinafter called "CONSULTANT," aetmg herem, by and through their duly authorized representat~vas WITNESSETH, that m consideration of the covenants and agreements hereto contained, the part,es hereto do mutually agree as follows EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein m connection with the ProJect as stated in the sections to follow, with thhgenee and m accordance w~th the lughest professional standards customanly obtained for such servmes in the State of Texas The professional services set out hereto are m connection with the following described project The ProJect shall include, vathout hmatatlon, engineering sen, lees for the extension of approxtmately 3,000 hnear feet of four-lane dtvided roadway (Two twenty-five feet back-to- back pavement slabs) in a typwal eighty-foot wtde Right-of-Way as well as the necessary gradtng and storm drainage tmprovements. Thts roadway wdl connect Southern Hills Boulevard at its Intersection wtth Colorado Boulevard to extsting Brlnker Road. SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform all those services as necessary and as described in the OWNER's (NON~ (describe any request for proposal wbach the OWNER has utilized to solicit the CONSULTANT's services), which is attached hereto and made a part hereof as Extublt "A" as if written word for word herexn B To perform all those serrates set forth in CONSULTANT's EXHIBIT 'B; Scope of Servwes wluch proposal ~s attached hereto and made a part hereof as Exbablt "B" as if written word for word hereto C CONSULTANT shall perform all those services set forth in individual task orders wtuch shall be attached to this Agreement and made a part hereof for all purposes as separate agreements (If CONSULTANT is a professional engineer and you wish to llst specific services of the CONSULTANT, please list all specific englneenng sennces to be provided, mcludmg the preparation of detailed plans and specifications ) D If there is any conflict between the terms of this Agreement and the extublts attached to this Agreement, the terms and conchtlons of flus Agreement will control over the terms and conditions of the attached exlubits or task orders ADDITIONAL SERVICES Additional sermces to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows A Dunng the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Connmsslon, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as- needed basis m prepanng compliance schedules, progress reports, and prowdmg general techmcal support for the OWNER's compliance efforts B Assisting OWNER or contractor m the defense or prosecution of htxgataon m connectmn with or in adchtion to those services contemplated by flus Agreement Such services, if any, shall be furmshed by CONSULTANT on a fee basis negotiated by the respective parties outside of and m addition to this Agreement C Sampling, testing, or analysis beyond that spemfieally mcluded in Basic Sennces D Prepanng copies of computer a~ded draihng (CAD) eleetromc data bases, drawings, or files for the OWNER's use m a future CAD system E Prepanng applications and supporting documents for government grants, loans, or planmng advances and providing data for detailed apphcatlons F Appeanng before regulatory agencies or courts as an expert w~tness in any htagat~on w~th tturd part,es or condemnation proceechngs arising fi.om the development or eonsh'uctlon of the ProJect, including the preparation of engmeenng data and reports for assistance to the OWNER G Providing geotechmcal lnvesUgatlons for the site, including soil bonngs, related analyses, and recommendations H See EXHIBIT 'D'for hst of other addttional servtces not tncluded tn Basic Servwes Page 2 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in fome for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any reqmred extensions approved by the OWNER Thts Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in tbas Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as exped~tlonsly as possible and to meet the schedule estabhshed by the OWNER, acting through its City Manager or his designee COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT m employment of others in outside firms for services in the nature of Structural Engineering, Geotechnlcal or other SpectalO~ Services. 2 "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, eommumcatlons, subsistence, and lodging away fi.om home, and sumlar me,dental expenses in eounectlon with that assignment B BILLING AND PAYMENT For and in eonmderatlon of the professional sermces to be performed by the CONSULTANT hereto, the OWNER agrees to pay, based on the cost estimate detml at an hourly rate shown m Exhlba "C" whtch is attached hereto and made a part of flus Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $123,800.00 Partial payments to the CONSULTANT will be made on the basis of detaded monthly statements rendered to and approved by the OWNER through its City Manager or bas designee, however, under no circumstances shall any monthly statement for sennces exceed the value of the work performed at the tune a statement is rendered The OWNER may w~thhold the final five percent (5%) of the contract amount until completion of the Project Nottung contmned in this Article shall reqmre the OWNER to pay for any work wbach as unsatisfactory, as reasonably determined by the City Manager or bas designee, or wbach is not submitted in compliance w~th the terms of this Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT when the CONSULTANT is in default under tbas Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tbas Agreement wbach would reqmre adchtlonal payments by the OWNER for any charge, expense, or reimbursement above the Page 3 maximum not to exceed fee as stated, wathout first having obtmned written authonzaUon from the OWNER The CONSULTANT shall not proceed to perform the services listed m Article III "Addmonal Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized m writing by the OWNER m Article III, the CONSULTANT shall be pa~d based on the Schedule of Charges at an hourly rate shown m Exhtblt "C" Payments for additional servmes shall be due and payable upon subrmssron by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be subnutted more frequently than monthly D PAYMENT If the OWNER falls to make payments due the CONSULTANT for servmes and expenses within mxty (60) days after receipt of the CONSULTANT's undmputed statement thereof, the mounts due the CONSULTANT will be increased by the rate of one percent (1%) per month fi:om the said s~xtaeth (60th) day, and, in addition, the CONSULTANT may, after giving seven (7) days written notice to the OWNER, suspend services under this Agreement untd the CONSULTANT has been prod in full all amounts due for servmes, expenses, and charges, provided, however, nothing hereto shall reqmre the OWNER to pay the late charge of one percent (1%) set forth hereto ~f the OWNER reasonably determines that the work is unsaUsfactory, in accordance with this Article V, "Compensation" OBSERVATION AND REVIEW OF TIlE WORK The CONSULTANT will exercise reasonable care and due diligence in dascovenng and promptly repomng to the OWNER any defects or deficlenmes m the work of the CONSULTANT or any subcontractors or subeonsultants OWNER.SI;tIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and 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 any of the mformaUon or materials developed pursuant to ttns Agreement m another project or for other purposes than spemfied herein, CONSULTANT is released fi:om any and all hablhty relating to thetr use m that project Page 4 INDEPENDENT CONTRACTOR CONSULTANT shall provide sermces to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising fi.om employee status INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its officers, agents, and employees fi'om and against any and all liability, clmms, demands, damages, losses, and expenses, including, but not hnuted to court costs and reasonable attorney fees recurred by the OWNER, and including, w~thout hm~tatton, 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, or employees in the executmn, operation, or performance of flus Agreement Nottung in thts Agreement shall be construed to create a habfl~ty to any person who is not a party to flus Agreement, and nothing here~n shall waive any of the part,es' defenses, both at law or eqmty, to any clann, cause of action, or litigation filed by anyone not a party to flus Agreement, including the defense of governmental lmmumty, wtuch defenses are hereby expressly reserved INSURANCE Dunng the performance of the services under flus Agreement, CONSULTANT shall mmntaln the following insurance with an insurance company hcensed to do business m the State of Texas by the State Insurance Commission or any successor agency that has a rating w~th Best Rate Careers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th property damage lb-rots of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Liability Insurance with bodily injury hmlts of not less than $500,000 for each person and not less than $500,000 for each accident, and w~th property damage hrmts of not less than $100,000 for each accident C Worker's Compensation Insurance m accordance w~th statutory requirements, and Employers' Liability 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 Page 5 E The CONSULTANT shall furmsh Insurance certificates or ~nsurance pohctes at the OWNER's request to evidence such coverages The Insurance pohcles shall name the OWNER as an additional ~nsured on all such pohc~es, and shall contain a prowslon that such ~nsurance shall not be canceled or modafied w~thout thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellauon, serve substitute pohc~es furmstung the same coverage ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The paxt~as may agree to settle any chsputes under flus Agreement by submitting the dispute to arbatratxon or other means of alternate daspute resoluUon, such as mechataon No arbitration or alternate chspute resolution arising out of or relating to flus Agreement, revolving one party's chsagreement, may include the other party to the disagreement w~thout the other's approval TERMINATION OF AGREEMENT A Notwlthstanchng any other provaslon of flus Agreement, e~ther party may terminate by g~vmg flurty (30) days' advance written noUee to the other party B Ttus Agreement may be temunated m whole or m part m the event of either party substantially fmhng to fulfill xts obhgat~ons under thas Agreement No such terrmnataon w~ll be affected unless the other party ~s gaven (1) written notice (dehvered by eerUfied marl, return receipt requested) of intent to termmate and setting forth the reasons speeff3qng the non-performance, and not less than thxrty (30) calendar days to cure the failure, and (2) an opportumty for consultataon with the terminating party prior to termmatxon C If the Agreement xs temunated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER w~thln tlurty (30) days after the date oftermmatxon The OWNER shall pay CONSULTANT for all servxees properly rendered and satxsfactonly performed and for remabursable expenses to termmatxon recurred prior to the date of temunatlon, m accordance wxth Article V "Compensation" Should the OWNER subsequently conta'act with a new consultant for the contmuaUon of services on the Project, CONSULTANT shall cooperate m prowdmg reformation The CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to ttus Agreement to the OWNER on or before the date of termination, but may maintain copxes of such documents for xts use Page 6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and hablhty of the CONSULTANT, its employees, associates, agents, subcontractors, and subeonsultants for the accuracy and competency of their desagns or other work, nor shall such approval be deemed to be an assumption of such responsfluhty by the OWNER for any defect m the design or other work prepared by the CONSULTANT, ~ts employees, subcontractors, agents, and consultants NOTICES All notxees, eommumcataons, and reports requared or penmtted under flus Agreement shall be personally dehvered or marled to the respecuve part, es by depositing same m the Umted States moal to the address shown below, certified marl, return receipt requested, unless otherwise specified hereto Moalad not,ecs shall be deemed communicated as of three (3) days' marling To CONSULTANT To OWNER W~er & Associates, ln~ C~ty of Denton 4300 Beltway Place, Suite 130 Michael W Jez, City Manager Arhngton, TX 76018-1097 215 East McKinney Denton, Texas 76201 All not~ces shall be deemed effectave upon receipt by the party to whom such notuce ~s g~ven, or w~thm three (3) days' mailing ENTIRE AGREEMENT Tlus Agreement, consisting of ten (10) pages and four (4) extub~ts, constitutes the complete and final expression of the agreement of the part, es, and ~s intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, chscuss~ons, commumcat~ons, and agreements wluch may have been made m connection w~th the subject matter hereof SEVERABILITY If any prows~on of flus Agreement ~s found or deemed by a court of competent jurisdiction to be invalid or unenforceable, ~t shall be considered severable from the remoander of tbas Agrec~aent and shall not cause the remainder to be mvahd or unenforceable In such event, the part,es shall reform flus Agreement to replace such s~cken provision wth a valid and enforceable provision wbach comes as close as possible to expressing the mtent~on of the stricken provision Page 7 COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, and local laws, roles, regulataons, and ordinances apphcable to the work covered hereunder as they may now mad or here~nai~er be amended DISCRIMINATION PROHIBITED In performing the servaces reqmred hereunder, the CONSULTANT shall not dascnm~nate against any person on the basas of race, color, rehgjon, sex, nataonal ongm or ancestry, age, or physical hanchcap PERSONNEL A The CONSULTANT represents that at has or wall secure, at ats own expense, all personnel required to perform all the sermces reqmred under tins Agreement Such personnel shall not be employees or officers of, or have any contractual relatmns w~th the OWNER CONSULTANT shall ~nform the OWNER of any confhct of interest or potential conflict of interest that may arise dunng the term of tins Agreement B Ail servaces reqmred hereunder wall be performed by the CONSULTANT or under ~ts supervasmn All personnel engaged ~n work shall be qualffied, and shall be authonzed and permitted under state and local laws to perform such services ASSIGNABILITY The CONSULTANT shall not assign any interest m tins Agreement, and shall not transfer any ~nterest m tins Agreement (whether by asmgnment, novatmn, or othervase) vothout the prior written consent of the OWNER MODIFICATION No wmver or mochficatton of tins Agreement or of any covenant, concht~on, or hm~tataon here~n contained shall be valid unless in writing and duly executed by the party to be charged therevnth, and no ewdence of any wonver or modfficatmn shall be offered or received m evidence m any proceeding ansang between the parUes hereto out of or affecting tins Agreement, or the rights or oblagatmns of the part, es hereunder, and unless such waiver or mochficataon ~s m wntang and duly executed, and the pames further agree that the prowsaons ofth~s sectaon wall not be waaved unless as set forth here~n Page 8 MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit "A " - (NONE) Exhibit "B" - Scope of Servwes Exhibit "C'- Compensation/Fee Schedule Exhibit "D'- Other Addrtional Services Exhibit "E'- Project Location Map B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the nght to examme any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facflttaes and shall be provided adequate and appropriate working space m order to conduct audits m comphance w~th this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Texas This Agreement shall be construed m accordance w~th the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be anticipated to be pnmanly John P Wier, P.E., R.P L S., Uiys Lane, P.E., R.P.L.S., Philip Graham, and Ron Coombs, R P.L.S However, nothing herein shall lmut CONSULTANT fxom using other qualified and competent members of its finn to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all apphcable dispatch, m a sound, econonucal, and efficient manner and m accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved is properly coordinated w~th related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal all avlulable mformatmn pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for lnformatlonal purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement Page 9 IN WITNESS HEREOF, the City of Denton, Texas has caused flus Agreement to be executed by its duly authonzed C~ty Manager, and CONSULT _,~fr has execute, d-~ns Agreement through ~ts duly authorized undermgned officer on thru the / -- day of (_//~ , 1999 f/ CITY OF DENTON, TEXAS ~I-CItAEL g ,IE~II~ MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / CONSULTANT WIER & ASSOCIATES, INC WITNESS BY Page 10 ]EXHIBIT "B" - SCOPE OF SERVICES ENGINEER/SURVEYOR wdl prowde the following BASIC SERVICES for the Bnnker Road Extension project (An approximate allocation of the port,on of the total Basic Services Fee associated with each ~tem ~s shown m parentheses after each subtitle ) Additionally, these Basic Servmes shall be performed ~n accordance w~th the schedule shown at the end of th~s Exhibit (B-l) REght-of Way Surveys ($6,000) Prowde field and office services to perform field traverse, boundary ties, estabhsh verbcal control benchmarks along the general alignment (B-2) Alignment Determination & Design Surveys ($17,000) Evaluate honzontal constraints and determine geometry for the recommended horizontal alignment for the roadway C~ty shall rewew and approve ahgnment prior to ENGINEER/SURVEYOR proceeding w~th the Prehmmary Design Phase Establish centerhne of proposed roadway alignment In the field Perform topographic, cross-secbons and other design surveys along the authonzed roadway ahgnment to collect data for design of the grading, pawng, s~dewalk and drainage ~mprovements (B-3) Sample Tree Survey ($3,000) Provide field services to field locate ex,sting trees (hawng d~ameters equal to or greater than the d~ameter codified ~n the C~ty's tree ordinance) w~th~n a certain 300-foot length of the 80-foot wide right-of-way Th~s selected sample s~te shall be at a location which ENGINEER/SURVEYOR deems to be representabve and typical of average tree condibons along the route of the roadway right-of way alignment Prepare a map of the sample s~te showing the tree locations, s~zes and types ~n the sample area Addibonally ENGINEER/SURVEYOR wdl locate and bnng to Engineenng & Transportation Department's attenbon on another exhibit any "specimen" trees encountered w~th~n any other areas where cross-sections are made dunng the design survey phase Englneenng & Transportabon Department wdl utdlze the sample map and exhibit coordinate with other City Departments as may be appropriate to obtain the permission for removal of any and all trees as may be required for construction of the project w~thln areas both inside and outside the proposed right-of-way Exhibit 'B' Page 2 of 5 (B-4) Geotechn,cal Bor, ngs& Subgrade Recommendat,ons ($3,300) ENGINEER/SURVEYOR w~ll subcontract to Rone Engineers for their perform;ng ~n- field bonngs at s~x selected locations ENGINEER/SURVEYOR w~ll field locate borings to be made Two of these bonngs w~ll be approximately 18-feet ~n depth and w~ll be located (one each) in the two areas where maximum cuts are expected Other bonngs w~ll be 5-feet deep Geotechmcal Eng;neer w~ll classify so~l samples encountered and provide Atterberg hm~s data Geotechmcal Engineer will ~ssue a report summanz~ng findings and recommended appropnate subgrade stab~hzat~on techmques (hkely hme or cement) and spec~ficat;ons If tree density prevents accass to s~te, bonngs may be delayed until a contractor ~s selected and cleanng of the nght-of-way ~s completed In th~s case, construction b;ds w~ll be based on assumed conditions and alternate b~ds, afterwh~ch a change w~ll be ~ssued clanfy the final dec;s~ons on which alternative ~s to be used (B-5) Preliminary Design ($41,000) Prepare prehmmary design and prehmmary construction plans for the authonzed grading, pawng, and drainage ;mprovements ~ncludmg locations for s[dewalk ~mprovements (along one s~de of the roadway only) A grading plan specifying the location for placement and compacbon of excess excavabon on adjacent Columb;a/HCA controlled pnvate property w~ll be prepared Prepare an Engineer's Prehm~nary Op~mon of Probable Construction Cost for the Project based on prehm~nary plans submitted to c~ty Submit prehmmary plans for review by the C~ty of Denton Transportabon and Engmeenng Department ENGINEER/SURVEYOR w;ll prowde adequate number cf sets of plans to allow the Transportation and Engmeenng Department to submit cop~es of preliminary plans to any other affected departments for which s~multaneous rewew and/or approval by others w~th~n or outside the C~ty may be required or desired After rewew of the preliminary plans, representatives of the Transportabon and Eng~neenng Department shall schedule a date and t~me for one meeting to be held ~n ENGINEER/SURVEYOR'S office for the purpose of d~scusslng the rewew comments Department of Transportation and Englneenng shall approve preliminary plans (including the city desired design speed for the roadway) pnor to ENGINEER/SURVEYOR refining those prehm~nary plans ~nto final construcbon plans Exhibit 'B' Page 3 of 5 (B-6) Nationwide 404 Permit Coordination ($5,000) ENGINEER/SURVEYOR will coordinate the project w~th the Army Corps of Engineers and provide documentabon and apphcat~ons to obtain an nationwide Section 404 permit ENGINEER/SURVEYOR may engage a subconsultant b~oiog~st or other spec~ahst to make wetland determinations ~f conditions along the project are encountered where such determinations by spec~ahsts are necessary (If an ~nd~wdual permit ~s required, add~bonal services w~ll be necessary and those additional services w~ll be provided for addlbonal compensation ) (B-7) Right of Way andlor Easement Documents ($14,000) Prepare documents for required nght-of-way parcels, drainage easements, and slope easements ~ncludmg metes and bounds descriptions and accompanying sketches Stake the nght-of-way comers once ~n the field pnor to construcbon ENGINEER/SURVEYOR anticipates approximately 3 R O W parcels, 9 slope easements, and 3 drainage easements (B-8) Street Lighting Conduits and Irrigation Conduits ($1,000) Design and preparet~on of plans for Street Lighting, Irngat~on and Landscaping improvements (~f any) are not a part of the Basic Services to be provided by ENGINEER/SURVEYOR However, ENGINEER/SURVEYOR w~ll receive ~nput from appropnate Engmeenng and Transportabon staff as to the desired s~zes and locations of condu~ts which ENGINEER/SURVEYOR w~ll show on plan sheets to be installed under proposed pavements by the contractor on th~s project Condu~ts w~ll be provided for future use by others ~n ~nstalhng future street hghtmg electrical hnes and for landscaping ~rngat]on fac~ht~es (B-9) Final Design and Construction Plans ($20,500) Design and prepare construction plans, specifications, and b~d documents for the authorized pubhc ~mprovements, includ~ng grading, paving, drainage, and s~dewalks F~nal plans, specifications and b~d documents w~ll ~nclude pavement markings and traffic s~gnage based on ~nput and iocabons prowded by Engmeenng & Transportation Department or their consultants Submit final plans, specifications and b~d documents to the Eng~neenng & Transportation Department for rewew and approval Pnor b~dd~ng and select~on of contractor by C~ty, ENGINEER/SURVEYOR shall prowde one set of approved mylars to C~ty for C~ty's use ~n reproducing plans for use ~n b~dd~ng and construction of the project Exhibit 'B' Page 4 of 5 (B-10) Erosion Control Plane(S3,000) Prepare erosion control plans and detail sheets ~nd~cat~ng erosion control measures to be ~mplemented at the stte dunng construction Specifications w~ll be added requlnng a Storm Water Management Plan and apphcat~on be submitted by the General Contractor for an EPA NPDES permit ~f appropriate A permit application, an accompanying narrative, area location map, Not~ce of Intent and Notice of Termination forms will be prepared for ~nclus~on ~n the contract documents for Contractor's use ~n submitting to EPA for the NPDES permit (B-11) Engineer's Opimon of Probable Construction Cost ($1,500) Prior to advertising for construcbon b~ds, prepare an Engineer's Op~n~on of Probable Construction Cost based on the final construction plans (B-12) Estabhsh Major Survey Control Point for Construction Use ($2,000) Provide in the field, one t~me prior to construction, major honzontal survey "control points", right-of-way corners and benchmarks at reasonably accessible Iocabons along the alignment from which City w~ll perform construction staking for Contractor (B-13) Periodic Observations of Civil Construction ($5,000) C~ty w~il prowde construction ~nspecbon ENGINEER/SURVEYOR shall prowde periodic construction rewew and observation services dunng construction of the c~wl improvements designed by ENGINEER/ SURVEYOR These services would typically consist of not more than five (5) ws~ts to the s~te during construction to review the general status of construction m-progress related to the clwl improvements designed by ENGINEER/SURVEYOR (B-14) As-built/Record Plans ($1,500) Prowde a set of as-built or record plans of the completed construction (both mylars and on an electromc CADD d~sk formatted ~n a metafile format) Record plans will be based on changes, additions and rewslons from the set ~ssued for construction based on ~nformat~on provided to ENGINEER/SURVEYOR by C~ty Inspector, Contractor, or from in-field surveys by others Exhibit 'B' Page 5 of 5 Schedulelfor Brlnker Road SurveylnglDeslu_nlPlanslEasements ENGINEER/SURVEYOR shall complete the above Basic Services w~th;n the following timeframes 06-01-99 - Assumed date that Professional Services Agreement ~s finahzed and Engineer authonzed to Proceed 08-15-99 - Complete field boundary and topo surveys, sample tree survey and estabhshment of horizontal and vertical ahgnment Meet w~th C~ty to rewew and confirm honzontal& verbcal ahgnment 10-01-99 - Complete Prehm~nary Plans for rewew by City (assume subsequent 3 week rewew pedod by C~ty) 12.01-99 - Complete F~nal Plans, spec~ficabons, right-of-way and easement documents for review by C~ty (Assume subsequent 2 week rewew penod by City ) 01.04-2000 Provide final mylars for b~d set reproduction by C~ty EXHIBIT "C" - SCHEDULE OF HOURLY BILLING RATES FOR BASIC AND ADDITIONAL SERVICES Hourly reimbursable services w~ll be based on each staff-hour expended, and b~lled at b~lhng rates for the spec~ic md~wdual engaged on the project Billing rates to be based on mult~pher not to exceed 2 5 times "salary cost" "Salary cost" ~s defined as the cost of salanes of engineers, techmc~ans, draftspersons, stenographers, clerks, field survey crew members, laborers, couners, etc for t~me d~ractly chargeable to the project, plus social security and ret~rament contnbut~ons, unemployment compensation ~nsurance, medical and ~nsurance benefits, s~ck leave, vacation and hohday pay apphcable thereto Billing rates for specific individuals engaged on the project shall be w~thln the categones ~llustrated below Office staff Pnnc~pal Reg Eng~neer/Reg Surveyor $120 00 to $135 00/hr Reg~sterad Project Eng or Surveyor $ 74 50 to $108 00/hr Semor Technician/Graduate Engineer $ 46 00 to $ 74 50/hr Draftsperson/Junior Techmc~an $ 31 00 to $ 52 50/hr Secretarial/Word Processing $ 30 00 to $ 50 00/hr Field Survey Crew staff (Based on billing rates for ~nd~wdual crew members ranging from $26 00/hr to $46 00/hr each) The b~lhng rates for survey crews w~ll be as follows Two-man F~eld Survey Crew $ 80 00 Thrae-man F~eld Survey Crew $104 00 Four-man F;eld Survey Crew $128 00 Direct Non-Labor Expenses In addition to Basic and/or Additional Services fees, the following "d~rect Non-Labor expenses" w~ll be b~lled at cost (a) Reproduction costs for supphes, maps, plats, and plans, or other ~nformat~onal matenals purchased or ut~hzed for the project ~nclud~ng computer plotting of surveys and plan sheets (b) Couner/dehvery expenses (c) Travel and subs;stence expenses away from home ~ubcontract Expenses Subcontract Expenses shall be b~lled at cost plus 10% EXHIBIT "D" - OTHER ADDITIONAL SERVICES At th~s brae certain Additional Services described below are not enws~oned to be necessary for th~s project However, such Additional Services, ~f later authorized, can be performed on an hourly reimbursable bas,s or through an amendment to the contract and fee, when and if such were to become authorized (H-l) Traffic Studies Prepare traffic studies to establish the existing traffic volumes/level of service on adjacent roadways to the project, and/or to predict future traffic volumes or level of service conditions after completion of the project (H-2) Individual 404 Permit Coordination/Studies Coordinate the project w~th the Army Corps of Engineers and prowde documentation and apphcat~ons to obtain an ~nd,wdual Section 404 permit (H-3) Detailed or Continuous Tree Surveys or Coordination Locate trees outside the "sample area" noted under Basic Services Prepare apphcat~on for and/or submittal of a tree survey m accordance w~th C~ty of Denton Landscape Ordinance to determine ~f any trees are protected Prepare a tree preservation plan for any trees that fall within the protected tree I~m,tat~ons or provide any tree m~t~gat~on serwces (H-4) Relocation of Major Water/Sewer Utilities Design or coordinate for relocation or mod~flcabon of ex~sbng major water mains, sewer mains and/or other ut~hbes ~f required for the construction of proposed Paving and Drainage Improvements (H-5) Design of Water/Sewer Facilities along Roadway Improvements Design and prepare plans and construction documents for any required water and/or sewer faclht~es along the alignment of the pawng and drainage ~mprovements (H-6) Street Lighting & Landscaping Design of street lighting improvements or landscaping improvements Exhibit 'D' Page 2 of 3 (H-7) Storm Drainage Detention Des;gn and prepare plans, specifications, b~d documents, and nght-of-way or easement documents for storm drainage detention ~mprovements (H-8) Underpass orOverpass Improvements Study, evaluate alternatives, design and/or prepare plans, spec~ficabons, and b~d documents for underpass or overpass ~mprovements at the "Ra~ls-for-Tra~ls" ~ntersectlon (H-9) Other Geotechnical Services Design of pavement secbon type or thickness, bonngs or design for reta~mng walls, prowdmg construcbon phase testing, or prowd~ng any other geotechn~cal or structural engineering services not show to be a part of Basic Services (H-10) Advertising, Bidding, and Construction Admlmstration Provide services normally assocIated w~th notifying prospective b~dders, adverbs~ng for construcbon b~ds, conduct;ng b~d opening, analyz;ng, tabulating or summarizing b~ds received Assist C~ty of Denton m selecting and awarding the construction contract to successful bIdder Perform construct;on administration, rewew of contractor mtenm monthly and final pay estimates Coordinate wtth C~ty for final ;nspect~on and acceptance of construction (H-11) Revisions after B~ddlng to Reduce Cost Revising plans, specifications and b~d documents, or prepanng change orders to reduce the cost of ~mprovements ~n the event b~ds received are h~gher than desired (H-12) Construction Staking Prowde field and office services to stake slope easement hm~ts, stake ~mprovements for construction by contractor, restake major control points destroyed by Contractor or others, or to prowde construction staking ~f so requested by C~ty Exhibit 'D' Page 3 of 3 (H-13) Other Construction Phase Services Pro~/~de more periodic observabons during construction than the number descnbed under Basic Services or prowde any other services during construction not,listed under Bamc Services (H-14) Other Services Any other services requested and authonzed but not specifically hsted under Basic Services · I I - 0 ~' 5~X) I OOC 3,O00 LF BRM(ER ROAD COLIJHI~A TRACT COLUMBIA COLUN~A TRACT COLUMBIA TRACT PACE '$ CRO$~ING ADDISON COLUMSIA TRACT EXI. IIBIT E - LOCATION MAI:' 04/27/99 WSA