06-097 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 06-97
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE
TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS AND FREESE AND
NICHOLS, INC. REGARDING PROFESSIONAL ENGINEERING
SERVICES FOR THE DESIGN OF A PROJECT INCLUDING, BUT NOT
LIMITED TO,AN ELEVATED STORAGE TANK AND WATER LINE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS:
SECTION 1: The Mayor of the Town of Prosper,Texas, is hereby authorized to execute,
on behalf of the Town Council of the Town of Prosper, Texas, an agreement between the Town
of Prosper, Texas and Freese and Nichols, Inc. regarding professional services for the design of a
project including, but not limited to,an elevated storage tank and water line.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 12th day of September 2006.
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AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
FREESE AND NICHOLS, INC. (CONSULTANT)
FOR
DESIGN
SERVICES
AGREEMENT
Made as of the ZI day of6erfeillbkr in the Year Two Thousand and Six:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
113 W. Broadway
Prosper, Texas 75078
Telephone 972-346-2640
Facsimile 972-347-2111
and the Consultant: Freese and Nichols, Inc.
1701 North Market Street
Suite 500 LB 51
Dallas, Texas 75202
Telephone 214-920-2500
Facsimile 214-920-2565
for the following Projects: Professional Engineering Services in connection with the
design of a 20-inch waterline and 1.5 million gallon
elevated water storage tank, as further described in
Exhibit "A".
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, a Home-Rule Municipal Corporation, hereinafter referred to as "Town", and
Freese and Nichols, Inc., hereinafter referred to as "Consultant", to be effective
from and after the date as provided herein the "Agreement".
Design Services Agreement Page 1 of 30
WHEREAS, the Town desires to engage the services of the Consultant to provide
professional engineering services in connection with the design of a 20-inch
waterline extending from the intersection of Coit Road and First Street to the new
Town elevated storage tank site and design of a 1.5 million gallon elevated water
storage tank at the aforementioned site and as shown in "Exhibit C".
WHEREAS, the Consultant desires to render such engineering services for the
Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S SERVICES
1.1 Employment of the Consultant - The Town hereby agrees to retain the
Consultant to perform professional engineering services in connection with
the Project. Consultant agrees to perform such services in accordance with
the terms and conditions of this Agreement.
1.2 Scope of Services - The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit "A", which is attached hereto
and incorporated herein by reference for all purposes. The parties
understand and agree that deviations or modifications to the scope of
services described in Exhibit "A", in the form of written change orders, may be
authorized from time to time by the Town.
1.3 Schedule of Work - The Consultant agrees to commence work immediately
upon execution of this Agreement, and to proceed diligently with said work to
completion as described in the Completion Schedule/Project Billing/Project
Budget attached hereto as Exhibit "B" and incorporated herein by reference
for all purposes.
ARTICLE 2
THE TOWN'S RESPONSIBILITIES
2.1 Project Data - The Town shall furnish required information, that it currently
has in its possession, as expeditiously as necessary for the orderly progress
of the work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
2.2 Town Project Manager - The Town shall designate, when necessary, a
representative authorized to act on the Town's behalf with respect to the
Project (the "Project Manager"). The Town or such authorized representative
shall examine the documents submitted by the Consultant and shall render
Design Services Agreement Page 2 of 30
any required decisions pertaining thereto as soon as practical so as to avoid
unreasonable delay in the progress of the Consultant's services.
ARTICLE 3
CONSULTANT'S COMPENSATION
3.1 Compensation for Consultant's Services - As described in "Article 1,
Consultant's Services", compensation for this project shall be paid in
accordance with Article 3 and the Completion Schedule/Project Billing/Project
Budget as set forth in Exhibit B.
3.2 Direct Expenses - Direct Expenses are included in the Consultant's Fee as
described in Article 3.1 and include actual reasonable and necessary
expenditures made by the Consultant and the Consultant's employees and
sub-contractors in the interest of the Project for the expenses listed in the
following Subparagraphs:
3.2.1 Automobile mileage reimbursement, at the rate of 44.5¢ per mile.
3.2.2 Courier services, acceptable only in circumstances requiring deadline-
sensitive deliveries and not for the convenience of the Consultant.
3.2.3 Fees paid for securing approvals of authorities having jurisdiction over
the Project and Sales & Use Tax, if any.
3.2.4 Reproductions and photographic services provided by commercial
services.
3.2.5 Models requested in writing by the Town.
3.2.6 Expenses of data processing and Computer Aided Design and Drafting
(CADD).
3.3 Additional Services - The Consultant shall provide the services as described
in the Scope of Services as set forth in Exhibit A of this Agreement. If
authorized in writing by the Town, the Consultant shall provide Additional
Services, to be compensated on an hourly basis in accordance with this
paragraph ("Additional Services"). These services may include, but are not
limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope
of Services described in Exhibit "A".
3.3.2 Additional drafts and revisions to the Project which are not provided for
or contemplated in the Scope of Services as described in Exhibit "A".
3.3.3 Additional copies of final reports and maps which are not provided for
or contemplated in the Scope of Services as described in Exhibit "A".
Design Services Agreement Page 3 of 30
3.3.4 Photography, 3-D rendering, professional massing models which are
not provided for or contemplated in the Scope of Services as described
in Exhibit "A".
3.3.5 Compensation for Additional Services authorized by the Town shall be
in addition to the Consultant's Fee and shall be based on direct billable
labor rates and expenses.
3.3.6 Compensation for Additional Services authorized by the Town shall be
in addition to the Consultant's Fee and shall be based on an hourly
basis according to the following personnel rates. The rates set forth in
this chart are subject to reasonable change provided prior written
notice of said change is given to Town.
Schedule of Charges:
Position Min Max
PRINCIPAL 200.00 260.00
SENIOR ENGINEER 155.00 205.00
ENGINEER (PE) 115.00 165.00
ENGINEER (EIT) 85.00 120.00
ENGINEERING TECHNICIAN 45.00 100.00
GIS ANALYST 60.00 90.00
WORD PROCESSING/SECRETARIAL 45.00 85.00
CO-OP 45.00 60.00
EXPENSES & SUB-CONSULTANTS 1.15 MULTIPLIER
3.4 Invoices - No payment to the Consultant shall be made until Consultant
tenders an invoice to the Town. Payments are payable to the Consultant
within thirty (30) days from the date of invoice as long as the invoice is mailed
to Town within three (3) days of the date of the invoice. Invoices are to be
mailed to Town monthly. If any invoice remains outstanding and unpaid for
more than sixty (60) days from the date of invoice, and Consultant has fully
performed its obligations as set forth herein, the Consultant has the option
upon written notice to the Town, to suspend all work specified under this
Agreement until the account is brought current. Continued performance
and/or completion of work by the Consultant under this Agreement shall
resume upon the payment of the earned fees by the Town.
3.5 Failure to Pay - Failure of the Town to pay an invoice, for a reason other than
cause, to the Consultant within sixty (60) days from the date of the invoice
shall grant the Consultant the right, in addition to any and all other rights
provided, to, upon written notice to the Town, refuse to render further services
to the Town and such act or acts shall not be deemed a breach of this
Agreement. The Town shall not be required to pay any invoice submitted by
the Consultant if the Consultant breached any provision(s) herein.
3.6 Adjusted Compensation - If the Scope of the Project or if the Consultant's
services are materially changed, the amounts of the Consultant's
Design Services Agreement Page 4 of 30
compensation shall be equitably adjusted in the form of written change order
by the Town. Any additional amounts paid to the Consultant as a result of
any material change to the Scope of the Project shall be agreed upon in
writing by both parties before the services are performed.
3.7 Project Suspension - If the Project is suspended or abandoned in whole or
in part for more than three (3) months, Consultant shall be entitled to
compensation for any and all work completed to the satisfaction of the Town
in accordance with the provisions of this Agreement prior to suspension or
abandonment. In the event of such suspension or abandonment, Consultant
shall deliver to the Town all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, reports, photographs and/or any other
items prepared by Consultant in connection with this Agreement prior to
Consultant receiving final payment. If the Project is resumed after being
suspended for more than three (3) months, the Consultant's compensation
shall be equitably adjusted as approved by the Town. Any additional
amounts paid to the Consultant after the Project is resumed shall be agreed
upon in writing by both parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
The Project is the property of the Town, and Consultant may not use the documents,
data, plans, or any other materials for any purpose not relating to the Project without
the Town's prior written consent. The Town shall be furnished with such
reproductions of the Project, data and maps as defined in the Project Deliverables
section of Exhibit A. Upon completion of the work, or any earlier termination of this
Agreement under Article 3 and/or Article 7, Consultant will revise plans, data, and
maps to reflect changes made while working on the project and promptly furnish the
same to the Town in an acceptable electronic format. All such reproductions shall
be the property of the Town who may use them without the Consultant's permission
for any purpose relating to the Project, including, but not limited to, completion of the
Project, and/or additions, alterations, modifications, and/or revisions to the Project.
ARTICLE 5
CONSULTANT'S ACCOUNTING RECORDS
Records of direct expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted
accounting principles. Invoices will be sent to the Town as indicated in Article 3.4.
Copies of employee time sheets, receipts for direct expense items and other records
of project expenses will be included in the monthly invoices for the cost plus
multiplier portions of the contract.
Design Services Agreement Page 5 of 30
ARTICLE 6
AUDITS AND RECORDS
The Consultant agrees that at any time during normal business hours and as often
as the Town may deem necessary, Consultant shall make available to
representatives of the Town for examination all of its records with respect to all
matters covered by this Agreement, and will permit such representatives of the Town
to audit, examine, copy and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this
Agreement, all for a period of one (1) year from the date of final settlement of this
Agreement or for such other or longer period, if any, as may be required by
applicable statute or other lawful requirement.
ARTICLE 7
TERMINATION OF AGREEMENT/REMEDIES
Town may, on thirty (30) days written notice to Consultant, terminate this
Agreement, for any reason, before the termination date hereof, and without prejudice
to any other remedy it may have. If Town terminates this Agreement due to a
default of and/or breach by Consultant and the expense of finishing the Project
exceeds the Consultant's Fee at the time of termination, Consultant waives its right
to any portion of Consultant's Fee as set forth in Article 3 herein and agrees to pay
any costs over and above the fee which Town is required to pay in order to finish the
Project. On any default and/or breach by Consultant, Town may elect not to
terminate the Agreement, and in such event it may make good the deficiency in
which the default consists, and deduct the costs from the Consultant's Fee due
Consultant as set forth in Article 3 herein. If Town terminates this Agreement and
Consultant is not in default of the Agreement, Consultant shall be entitled to
compensation for any and all work completed to the satisfaction of Town in
accordance with the provisions of this Agreement prior to termination.
In the event of any termination, Consultant shall deliver to Town all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any other items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use of
any one right or remedy by either party shall not preclude or waive its rights to use
any or all other remedies. These rights and remedies are given in addition to any
other rights the parties may have by law, statute, ordinance or otherwise.
ARTICLE 8
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Design Services Agreement Page 6 of 30
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 9
INDEMNITY
Consultant shall release, defend, indemnify and hold harmless Town and its Town
Council members, officers, agents, representatives and employees from and against
all damages, injuries (including death), claims, property damages (including loss of
use), losses, demands, suits, judgments and costs, including reasonable attorney's
fees and expenses, in any way arising out of, related to, or resulting from the
performance of the work caused by the negligent act and/or intentional act and/or
omission of Consultant, its officers, agents, representatives, employees,
subcontractors, licensees, invitees or any other third parties for whom Consultant is
legally responsible (hereinafter "Claims"). Consultant is expressly required to defend
Town against all such Claims.
In its sole discretion, Town shall have the right to select or to approve defense
counsel to be retained by Consultant in fulfilling its obligation hereunder to defend
and indemnify Town, unless such right is expressly waived by Town in writing. Town
reserves the right to provide a portion or all of its own defense; however, Town is
under no obligation to do so. Any such action by Town is not to be construed as a
waiver of Consultant's obligation to defend Town or as a waiver of Consultant's
obligation to indemnify Town pursuant to this Agreement. Consultant shall retain
Town approved defense counsel within seven (7) business days of Town's written
notice that Town is invoking its right to indemnification under this Agreement. If
Consultant fails to retain counsel within such time period, Town shall have the right
to retain defense counsel on its own behalf, and Consultant shall be liable for all
costs incurred by Town.
ARTICLE 10
NOTICES
Consultant agrees that all notices or communications to Town permitted or required
under this Agreement shall be delivered to Town at the following address:
Douglas C. Mouse!
Town Administrator
Town of Prosper
P.O. Box 307
113 W. Broadway
Prosper, Texas 75078
Design Services Agreement Page 7 of 30
Town agrees that all notices or communication to Consultant permitted or required
under this Agreement shall be delivered to Consultant at the following address:
Brian C. Coltharp, P.E.
Freese and Nichols, Inc.
1701 North Market Street
Suite 500, LB 51
Dallas, Texas 75202
Any notice provided for under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice
or communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to
the other party in accordance with the provisions of this Agreement.
ARTICLE 11
MISCELLANEOUS
11.1 Complete Agreement - This Agreement, including the exhibits hereto labeled
"A" through "C", all of which are incorporated herein for all purposes,
constitute the entire agreement by and between the parties regarding the
subject matter hereof and supersedes all prior and/or contemporaneous
written and/or oral understandings. This Agreement may not be amended,
supplemented, and/or modified except by written agreement duly executed by
both parties.
11.2 Assignment and Subletting - The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the Town. The Consultant further agrees
that the assignment or subletting of any portion or feature of the work or
materials required in the performance of this Agreement shall not relieve the
Consultant of its full obligations to the Town as provided by this Agreement.
All such approved work performed by assignment or subletting shall be billed
through Consultant, and there shall be no third party billing.
11.3 Successors and Assigns - Town and Consultant, and their partners,
assigns, successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
11.4 Severability - In the event a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
Design Services Agreement Page 8 of 30
and the remainder of the Agreement shall remain in full force and effect as if
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
11.5 Venue - This entire Agreement is performable in Collin County, Texas and
the venue for any action related directly or indirectly, to this Agreement or in
any manner connected therewith shall be Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
11.6 Execution/Consideration - This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
11.7 Authority - The individuals executing this Agreement on behalf of the
respective parties below represent to each other that all appropriate and
necessary action has been taken to authorize the individual who is executing
this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to
execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and
that each individual affixing his or her signature hereto is authorized to do so,
and such authorization is valid and effective on the date thereof.
11.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure
of either party to enforce any of the provisions of this Agreement, at any time,
shall not in any way affect, limit or waive such party's right thereafter to
enforce and compel strict compliance.
11.9 Headings - The headings of the various sections of this Agreement are
included solely for convenience of reference and are not to be full or accurate
descriptions of the content thereof.
11.10 Multiple Counterparts - This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
11.11 Sovereign Immunity - The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
11.12 Representatives - Each signatory represents this Agreement has been read
by the party for which this Agreement is executed and that such party has had
the opportunity to confer with its counsel.
11.13 Miscellaneous Drafting Provisions - This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning, and
Design Services Agreement Page 9 of 30
any presumption or principle that the language herein is to be construed
against any party shall not apply.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest day as reflected by the signatures below.
Effective Date: 5 r t4rIb V ;2I r 2.0C1‘
TOWN CONSULTANT
The Town of Prosper, Texas Freese and Nichols, Inc.
By: r J rC- By: PA.c-Lni
Charles Niswangtr Brian C. Coltharp, P.E.
Title: Mayor Title: Principal
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
CHARLES NISWANGER, KNOWN TO ME TO BE THE PERSON WHOSE NAME
IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED
TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND
CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
EN U R MY HAND AND SEAL OF OFFICE THIS 41 DAY OFSe ril r
2006.
cvveC)
NOTARY P BLIC N ND FOR THE STATE OF TEXAS
Mousel
STATE OF TEXAS: iy
♦ty _/\ ;'4��NTlfiNl�ibfl Expires7-1, " n r ar 30,zoor
COUNTY OF DALLAS:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED BRIAN
C. COLTHARP, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND
CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
Design Services Agreement Page 10 of 30
',
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OFSF,orc.,af.e.,
2006.
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RY PUBLIC I D FOR THE STATE OF TEXAS
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.y I' 'F My Commission Expires
';;„„;;'r January 21,2007
Design Services Agreement Page 11 of 30
EXHIBIT "A"
SCOPE OF SERVICES
TOWN OF PROSPER
FIRST STREET 20-INCH WATERLINE AND 1.5 MILLION GALLON ELEVATED
WATER STORAGE TANK DESIGN
PROJECT DESCRIPTION
The Project is described as follows: Design of approximately 10,050 feet of 20-inch
waterline extending from the Intersection of Coit Road and First Street to the new
Town elevated storage tank site. The elevated storage tank site at the Southwest
corner of Church Street and First Street is hereafter referred to as the "alternate
site." The "approved site" is located at the Southeast corner of First Street and Craig
Road. These sites are graphically depicted in "Exhibit C". Should the Town Council
approve the alternate site as the final site for the new elevated storage tank, the 20-
inch waterline will terminate at the alternate site and compensation to the Consultant
will be adjusted as described in "Exhibit B".
The Project also includes design of a 1.5 million gallon composite (concrete pedestal
and steel bowl) elevated water storage tank at either the primary or alternate sites.
Depending on the site selected by the Town Council, compensation will be adjusted
as described in "Exhibit B".
The waterline and elevated storage tank will be constructed as two (2) separate
construction contracts, and the design will provide construction contract documents
for two (2) construction contracts.
SCOPE OF SERVICES
BASIC SERVICES
A. PROGRAM MANAGEMENT FOR WATERLINE AND ELEVATED STORAGE
TANK
Consultant shall provide Program Management services for the Project. The
following services shall be provided:
1. Coordination of the letters of permission for access to private properties
for surveying as needed. Consultant shall mail the letters and perform
follow-up phone calls as necessary to obtain the signed letters.
2. Coordinate easement documents with the Town Administrator and/or
Town Attorney as needed.
Design Services Agreement Page 12 of 30
3. Coordinate the preparation of a boundary survey with the Town
Administrator and/or Town Attorney as needed for the elevated storage
tank site.
4. Coordinate the efforts of all involved in the Project, including Consultant,
the surveyor, the Town Staff, the Town Attorney, and the franchise
utilities. Provide oversight of the schedule during the survey and
engineering process, to attempt to maintain the Town's desired schedule.
5. Coordinate with the franchise utilities that are impacted by the proposed
improvements. Provide copies of the improvements plans to each utility.
Obtain schedules of proposed franchise utility clearing, and relate these
schedules to the Project schedule.
6. Prepare presentations and attend two (2) Council meetings to brief the
Council on the progress of the design, and to recommend award of the
construction contracts.
7. Follow up with TxDot on the status of permit applications for the Project.
Work with them to obtain these permits within the time allowed by the
Project schedule.
B. PRELIMINARY DESIGN MEMORANDUM
Upon written notice to proceed, Consultant shall prepare a preliminary design
memorandum that will provide recommendations to the Town for the design of
the Project. The following information shall be provided in the preliminary
design report.
1. Review of the existing water distribution system to recommend
connections between the proposed waterline and the existing distribution
system.
2. Perform a route analysis for the waterline. Consider such elements as
cost, impacts on businesses and residents, utility conflicts, proximity to
future thoroughfares, and coordination with other projects.
3. Design, architectural, and operational characteristics desired by the Town
for the elevated storage tank.
Provide five (5) copies of the draft preliminary design memorandum to the
Town. Attend one (1) review meeting with the Town to discuss Town's
comments on the memorandum. Incorporate the Town's comments into the
memorandum, and provide five (5) copies of the preliminary design
memorandum to the Town.
Design Services Agreement Page 13 of 30
C. DESIGN
Upon Town approval of the preliminary design memorandum, Consultant will
design the features associated with this Project. The design shall include the
following:
1. Design submittals shall be provided by Consultant to the Town at 50%,
90%, and 100% for the elevated storage tank construction contract and
30%, 60%, 90%, and Final for the waterline construction contract. The
submittals shall include construction drawings, specifications, contract
documents, bid proposal, updated schedule, and updated opinion of
probable construction costs. Three (3) copies of these items shall be
submitted to the Town at each of the submittal dates.
2. Provide final engineering layouts, cross-sections, details, and
specifications for the waterline, including plan and profile of the piping, in-
line valves, blow-off valves and vaults, air release valves and vaults, fire
hydrants, services (if required), bored casing, connections to existing and
proposed lines, trenching, embedment, backfill, and paving repairs.
3. Provide final layout, elevation, details, and specifications for the elevated
storage tank, showing tank and pedestal, inlet and outlet lines, drains,
overflow, interior and yard piping, access ladders, valves and vaults, re-
circulation arrangement, manways, logo, access roadway, fencing,
landscaping, irrigation, and site drainage. Provide adequate detail to
enable the tank manufacturer to prepare final design and shop drawings
for the tank foundation and complete tank.
4. Provide plans, specifications, contract documents, and bid proposals to
complete both construction contracts. Consultant's standard
specifications shall be used. Preparation of plans, specifications, contract
documents, and bid proposals for additional construction contracts will be
an Additional Service.
5. Provide plans, cross-sections, details, and specifications for the elevated
storage tank control valve vault.
6. Provide Electrical plans, details, and specifications for the elevated
storage tank electrical equipment, instrumentation, controls, lighting,
control valve, and security intrusion alarm features.
7. Provide final plans, profiles, details, and specifications for the elevated
storage tank 20" yard piping. Provide details for connection of the yard
piping to the proposed 20" waterline.
8. Provide plans and specifications to TCEQ for review of the proposed
improvements.
Design Services Agreement Page 14 of 30
9. Prepare applications for permit for work within TXDOT R.O.W.
D. BID OR NEGOTIATION PHASE. Upon completion of the design services and
approval of "Final" drawings and specifications by Town, Consultant will
proceed with the performance of services in this phase as follows:
1. Assist Town in securing bids for both construction contracts. Issue a
Notice to Bidders to prospective contractors and vendors listed in
Consultant's database of prospective bidders, and to selected plan rooms
for each construction contract. Provide a copy of the Notice to Bidders for
Town to use in notifying construction news publications and publishing
appropriate legal notice for each construction contract. The cost for
publications for both construction contracts shall be paid by the Town.
2. Print Bid Documents for both construction contracts and distribute to
selected plan rooms, and to prospective bidders that respond to the Notice
to Bidders.
3. Maintain information on entities that have been issued a set of bid
documents for both construction contracts. Distribute information on plan
holders to interested contractors and vendors on request on each
construction contract.
4. For both construction contracts, assist Town by responding to questions
and interpreting bid documents. Prepare and issue addenda to the bid
documents to plan holders if necessary.
5. Assist Town in the opening, tabulating, and analyzing the bids received for
each construction contract. Review the qualification information provided
by the apparent low bidder to determine if, based on the information
available, they appear to be qualified to construct the Project.
Recommend award of contracts or other actions as appropriate to be
taken by Town.
6. Assist Town in the preparation of Construction Contract Documents for
each construction contract. Provide ten (10) sets of Construction Contract
Documents, which include information from the apparent low bidders bid
documents, legal documents, and addenda bound in the documents for
execution by the Town and construction contractor for each construction
contract. Distribute five (5) copies of these documents to the Contractors
with a notice of award that includes directions for the execution of these
documents by the construction contractor. Provide Town with the
remaining five (5) copies of these documents for use during construction.
Additional sets of documents can be provided as an Additional Service.
7. Furnish both Contractors copies of the drawings and specifications for
construction pursuant to the General Conditions of the Construction
Contract.
Design Services Agreement Page 15 of 30
E. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase
services, Consultant will proceed with the performance of construction phase
services as described below. Consultant will endeavor to protect the Town in
providing these services. However, it is understood that Consultant does not
guarantee the Contractor's performance, nor is Consultant responsible for
supervision of the Contractor's operation and employees. Consultant shall
not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety
precautions and programs relating in any way to the condition of the
premises, the work of the Contractor or any Subcontractor. Consultant shall
not be responsible for the acts or omissions of any person (except its own
employees or agents) at the Project site or otherwise performing any of the
work of the Project.
The Town agrees to include provisions in the construction contract documents
that will require the construction Contractors to include Consultant and their
subconsultants on this Project to be listed as an additional insured on
Contractors' insurance policies.
1. Assist Town in conducting pre-construction conference with the
Contractor, review construction schedules prepared by the Contractor
pursuant to the requirements of the construction contract, and prepare a
proposed estimate of monthly cash requirements of the Project from
information provided by the Construction Contractor for each construction
contract.
2. Establish communication procedures with the Town and Contractor on
each construction contract.
3. Establish and maintain a Project documentation system for each
construction contract consistent with the requirements of the construction
contract documents. Monitor the processing of Contractors' submittals
and provide for filing and retrieval of Project documentation. Review
Contractor's submittals, including, requests for information, modification
requests, shop drawings, schedules, and other submittals in accordance
with the requirements of the construction contract documents for the
Project.
4. Based on Consultant's observations as an experienced and qualified
design professional and review of the Payment Requests and supporting
documentation submitted by both Contractors, determine the amount that
Consultant recommends Contractors be paid on monthly and final
estimates, pursuant to the General Conditions of the Construction
Contracts.
5. Make one (1) visit per month for the 6-month construction duration on the
waterline construction and one (1) site visit per month for the 12-month
Design Services Agreement Page 16 of 30
construction duration for the elevated storage tank to the sites to observe
the progress and the quality of work and to attempt to determine in
general if the work is proceeding in accordance with the Construction
Contract Documents. In this effort Consultant will endeavor to protect the
Town against defects and deficiencies in the work of Contractors and will
report any observed deficiencies to the Town. Visits to the site in excess
of the specified number are an Additional Service.
6. Notify the Contractors of non-conforming work observed on site visits.
Review quality related documents provided by the contractor such as test
reports, equipment installation reports or other documentation required by
the Construction contract documents.
7. Interpret the drawings and specifications for the Town and Contractors.
Investigations, analyses, and studies requested by the Contractors and
approved by the Town, for substitutions of equipment and/or materials or
deviations from the drawings and specifications is an Additional Service.
8. Establish procedures for administering constructive changes to the
construction contracts. Process contract modifications and negotiate with
the Contractors on behalf of the Town to determine the cost and time
impacts of these changes. Prepare change order documentation for
approved changes for execution by the Town. Documentation of field
orders, where cost to Town is not impacted, will also be prepared.
Investigations, analyses, studies or design for substitutions of equipment
or materials, corrections of defective or deficient work of the Contractors
or other deviations from the construction contract documents requested by
the Contractors and approved by the Town are Additional Services.
Substitutions of materials or equipment or design modifications requested
by the Town are Additional Services.
9. Prepare documentation for contract modifications required to implement
modifications in the design of the Project. Receive and evaluate notices of
Contractor claims and make recommendations to the Town on the merit
and value of the claim on the basis of information submitted by the
Contractor or available in Project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the Town if appropriate.
Providing these services to review or evaluate construction Contractors'
claim(s), supported by causes not within the control of Consultant are an
Additional Service.
10.Conduct, in company with Town's representative, a final review of the
Project for conformance with the design concept of the Project and
general compliance with the Construction Contract Documents. Prepare a
list of deficiencies to be corrected by the Contractor before
recommendation of final payment. Assist the Town in obtaining legal
releases, permits, warranties, and spare parts from the Contractor.
Review and comment on the certificate of completion and the
Design Services Agreement Page 17 of 30
recommendation for final payment to the Contractor. Visiting the site to
review completed work in excess of two (2) trips is an Additional Service.
11.Revise the construction drawings in accordance with the information
furnished by construction Contractors reflecting changes in the Project
made during construction. Two (2) sets of prints of "Record Drawings" for
each construction contract shall be provided by Consultant to the Town.
Consultant shall also provide a DWG electronic copy of the Record
Drawings to the Town.
F. RESIDENT REPRESENTATION: Not Included.
SPECIAL SERVICES
A. DESIGN SURVEY AND EASEMENT DOCUMENTS
Consultant will subcontract with a surveying firm to provide surveying services for
the design of the 20-inch waterline. The services listed below are based upon
10,050 feet of pipeline and will involve topographic survey and the preparation of
five (5) easement documents. Also included is a full boundary survey and
topographic design survey of the two acre elevated storage tank site. A detailed
scope of work is described below.
1. Ownership Data - Research property ownership of the affected parcels and
obtain copies of deeds, subdivision plats, right-of-way maps and ownership
addresses along the route and affected by the elevated storage tank site.
Prepare a landowners Excel spreadsheet to include parcel number and
landowner's name and address. Prepare a deed plot of all ownerships,
subdivisions, and rights-of-way within one hundred feet either side of the
proposed pipeline alignment and adjoining the elevated storage tank site. All
properties shall be numbered to match the corresponding list of landowners in
the Excel spreadsheet.
2. Ownership Map - Locate property corners of parcels that are affected by the
proposed pipeline alignment. Calculate property lines, easement lines, and
right-of-way lines of existing streets and utilities.
3. Prepare a boundary survey and legal description and exhibit of the elevated
storage tank site for use by the Town to purchase this property. Platting and
land acquisition documents will be the responsibility of the Town
4. Easements - Prepare an exhibit and boundary easement description for each
tract that the proposed pipeline will cross. The legal descriptions and plats
shall meet the criteria stated below. Easements shall be signed and sealed
by a Registered Professional Land Surveyor, currently registered in the State
of Texas. Each easement shall have attached to it a copy of the
corresponding deed for that property and a closure computation sheet for the
easement tract. A draft copy of each easement shall be submitted. After
Design Services Agreement Page 18 of 30
review by the Town, Consultant shall incorporate comments as appropriate
and submit one (1) final copy of the easements and deeds to the Town. This
proposal is based upon preparation of five (5) easement documents.
Easements prepared in excess of this number will be billed at the unit price
per each as stated in the compensation section of this proposal.
a) Exhibit Plats and legal descriptions must meet all the rules of the Texas
Board of Professional Land Surveying and the Professional Land
Surveying Practices Act. Also the North Texas Municipal Water District has
adopted The Manual of Practice for Land Surveying in the State of Texas,
as published by the Texas Society of Professional Surveyors, as the
standard to which all Consultant's survey work shall be performed. The
latest revision will be used.
b) Legal descriptions shall include sufficient information to identify the
location, boundaries, monumentation, and area of the described tract, as
well as its relationship to the parent tract out of which it is surveyed. Each
legal description shall be accompanied by an exhibit plat which depicts the
worded description. Legal descriptions and Exhibit Plats shall be
reproduced on 8 1/2 x 11 size paper. All must be legible. The Exhibit Plat
or Legal Description should be able to stand alone.
c) The Exhibit Plat should contain the following:
1. North Arrow
2. Graphic Scale
3. Legend
4. Mathematical Closure
5. Abstract name and number
6. Basis of bearing
7. Controlling Monuments
8. Check bearings and distances against legal description (They
should be the same)
9. Show adjoiners
10. Show existing easements (with instrument recording information)
11. Exhibit plat should acknowledge existence of the Legal description
12. Line and curve tables are discouraged
13. Curve data must contain the following: delta, radius, length, long
chord bearing and long chord distance. State if curve is tangent or
non-tangent.
14. The survey plat shall bear the firm name, surveyors name, address,
and phone number of the land surveyor responsible for the land
survey, his/her official seal, his/her original signature, and date
surveyed (663.19.5)
15. Acreage to the appropriate number of decimal places. (no square
feet)
d) The Legal Description shall contain the following (metes and bounds
descriptions only):
Design Services Agreement Page 19 of 30
General Description
1. Name of current owner of record
2. Type of conveyance record (warranty deed, quit claim deed, etc.)
3. The conveyance instrument recording information (Deed record
Volume and Page)
4. Survey Name and Abstract Number
5. County, City, and State
Specific Description
1. POINT OF BEGINNING tied to a monumented corner of the parent
tract
2. Check bearings and distances against Exhibit plat (They should be
the same)
3. Curve data must contain the following: delta, radius, length, long
chord bearing and long chord distance. State if curve is tangent or
non-tangent.
4. References to adjoining properties
5. Basis of Bearing
6. Legal description should acknowledge existence of the Exhibit plat
7. Acreage to the appropriate number of decimal places. (no square
feet)
5. Topographic/Design Survey - Locate all improvements within 50 feet either
side of the proposed final pipeline centerline and on the elevated storage tank
site. Surveyor shall contact DigTess, or other statewide utility locate
company, as well as coordinate with the Town to mark existing utilities and
incorporate all marked utilities into the design survey. Provide elevations of
all tops and toes of slope and at all vertical changes within 50 feet either side
of the proposed final pipeline centerline and on the entire elevated storage
tank site. This information shall be sufficient to generate a contour model
(DTM) of the proposed pipeline route and elevated storage tank site. Record
a general description of the existing terrain. This shall include the top
elevation of all manholes as well as the invert elevations of all conduits
entering and exiting the manholes. Prepare a final digital topographic/design
survey drawing in AutoCad 2000 (or later version) format at a scale of 1"=30'
including contour lines. The drawing shall show all features located,
horizontal and vertical control points, property lines, existing easement lines,
and existing visible utilities. Other deliverables shall include a copy of all field
notes and field sketches, a hard copy coordinate list of points located in the
field and a digital ASCII point list.
6. Locate Property and Railroad Crossings - Locate and reference the nearest
mile marker at all railroad crossings, all property lines and property corners to
pipeline centerline by station, and offset.
7. Control Points - Establish permanent vertical control benchmarks and
horizontal control points at the beginning and the end of the proposed pipeline
Design Services Agreement Page 20 of 30
and along the pipeline centerline at a minimum of 2,500-foot intervals and a
minimum of three vertical and horizontal control points on the elevated
storage tank site from Texas State Plane Coordinate System NAD 83 and
NAVD 88 control. Provide all work in surface coordinates. All work shall meet
the requirements of the TSPS Manual of Practice for Land Surveying in the
State of Texas, categories 7 and 8, second order.
B. ELEVATED STORAGE TANK GEOTECHNICAL ENGINEERING SERVICES
1. Review Sherman Sheet of Geologic Atlas of Texas and the Soil Survey of
Collin County, Texas to determine general subsurface conditions to be
expected at the site.
2. Select approximate locations for exploratory borings. Consultant will select
and stake the specific locations after checking underground utilities, other
existing construction, and accessibility. Ground surface elevations for the
borings are to be determined by surveyor.
3. Subcontract with a drilling contractor to drill a total of three (3) borings at the
site: two (2) 45-foot borings and one (1) 60-foot boring for the elevated
(composite) storage tank. The borings will be drilled with a continuous flight
auger. Obtain soil samples for testing, perform THD cone penetrometer tests
in the field, and backfill borings with cuttings and plug the upper foot of each
boring with concrete sack mix to prevent a tripping hazard.
5. Provide an engineer or geologist experienced in logging borings to direct the
drilling, log the borings, record the blow counts from the THD cone
penetrometer tests and handle the samples.
6. Select samples for laboratory testing, assign tests, deliver samples to a
subcontract laboratory selected by Consultant, and review test results. Tests
expected include classification tests (liquid and plastic limits and percent
passing the #200 Sieve), unconfined compression tests, pressure swell tests,
and unit dry weight/moisture contents.
7. Review subsurface conditions and soil properties found by the field and
laboratory work and discuss the implications for design with Consultant.
8. Prepare a report of the geotechnical investigation presenting the boring
locations, boring logs, lab test results and a discussion of general subsurface
conditions at the site and their impact on design. The report will include
recommendations for foundation design for the elevated storage tank. The
report will also include a discussion of construction issues.
9. Consult with Consultant and the Town during design to help apply the findings
of the investigation to specific design issues. We will review appropriate
construction plans and specifications for conformance to the design
recommendations.
Design Services Agreement Page 21 of 30
C. TANK CONSTRUCTION INSPECTION
Consultant will furnish the services of a field representative from Dunham
Engineering to perform inspections of the tank construction at the intervals
detailed below. In addition, a professional engineer (Jimmy Dunham, P.E.) will
attend the Pre-con meeting held for each area of work.
1. Concrete Foundation - Approximately 10 site visits
a. Attend Pre-con meeting with foreman
b. Periodically check soil compaction efforts of Contractor to verify that
specified fill and lift requirements are being followed
c. Verify concrete form dimensions, check anchor bolts, and verify steel
placement prior to concrete placement
d. Observe concrete pours to verify independent testing laboratory
retained by the Town is performing checks for slump, air entrainment,
and concrete strength
2. Concrete Walls - Approximately 15 site visits
a. Attend Pre-con meeting with foreman
b. Check steel reinforcement in wall section prior to concrete placement
for correct size, location, and separation distance between steel mats
to allow for proper placement of concrete
c. Observe concrete pours/verify that the independent testing laboratory
retained by the Town is performing checks for slump, air entrainment,
and concrete strength
d. Observe removal of forms and check for voids, and monitor repair of
air void holes
3. Steel Erection and Welding - Approximately 35 site visits
a. Attend Pre-con meeting with foreman and check welder's certification
papers
b. Check dimensions of steel plates for correct thickness
c. Check edge preparation and bevels of plates
d. Check all surfaces for irregularities such as laminations and cracks
e. Check joint geometry and fit-up during erection
f. Observe proper welding procedures during erection
g. Check to insure back gouging or back grinding is performed
h. Check all accessories for correct size and location
i. Coordinate with testing laboratory with regard to selection of X-ray
locations and observe film placement
j. Check all film for discontinuities and incomplete joint penetration
k. Check structure for removal of all erection lugs and grinding of burs
I. Confirm steel properly prepared for painting
Design Services Agreement Page 22 of 30
4. Protective Coating Application - Approximately 35 site visits
a. Attend Pre-con meeting with foreman
b. Check shop blasting for profile and priming for thickness
c. Check all coating products to ensure they meet specifications
d. Determine thickness and condition of shop-applied prime coats
e. Check blast material and anchor profiles of steel
f. Check mixing and application of each of the coating products
g. Check dry film thickness after each coat is cured and before next coat
is applied
h. Monitor testing of all immersed areas for pin-holes or holidays
5. Electrical Inspection -Approximately 5 site visits
a. Attend Pre-con meeting with foreman
b. Check to insure correct placement of electrical accessories and
conduit
Note: This proposal does not include the services of an independent
testing laboratory. Town is to furnish the services of an independent
testing laboratory to verify concrete and soil material compliance with
specified requirements.
ADDITIONAL SERVICES: Additional Services to be performed by Consultant, if
authorized by the Town, which are not included in the above described Scope of
Services, are described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. Environmental Services
C. Mitigation planning required by the USACOE 404 permit.
D. GIS mapping services or assistance with these services.
E. Providing services to investigate existing conditions or facilities, or to make
measured drawings thereof, or to verify the accuracy of drawings or other
information furnished by the Town.
F. Providing renderings, model, and mock-ups requested by the Town.
G. Making revisions to drawings, specifications or other documents when such
revisions are 1) not consistent with approvals or instructions previously given
by the Town or 2) due to other causes not solely within the control of
Consultant.
Design Services Agreement Page 23 of 30
H. Providing consultation concerning the replacement of any work damaged by
fire or other cause during the construction, and providing services as may be
required in connection with the replacement of such work.
Investigations involving consideration of operation, maintenance and
overhead expenses, and the preparation of rate schedules, earnings and
expense statements, feasibility studies, appraisals, evaluations, assessment
schedules, and material audits or inventories required for certification of force
account construction performed by the Town.
J. Preparing applications and supporting documents for government grants,
loans, or planning advances and providing data for detailed applications.
K. Providing shop, mill, field or laboratory inspection of materials and equipment.
Observe factory tests of equipment at any site remote to the Project or
observing tests required as a result of equipment failing the initial test.
L. Conducting pilot plant studies or tests.
M. Preparing Operation and Maintenance Manuals or conducting operator
training.
N. Preparing data and reports for assistance to the Town in preparation for
hearings before regulatory agencies, courts, arbitration panels or any
mediator, giving testimony, personally or by deposition, and preparations
therefore before any regulatory agency, court, arbitration panel or mediator.
O. Assisting the Town in preparing for, or appearing at litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative
proceedings in the defense or prosecution of claims disputes with
Contractor(s).
P. Performing investigations, studies and analyses of substitutions of equipment
and/or materials or deviations from the drawings and specifications.
Q. Assisting the Town in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such
services, if any, shall be furnished by Consultant on a fee basis negotiated by
the respective parties outside of and in addition to this Agreement.
R. Providing environmental support services including the design and
implementation of ecological baseline studies, environmental monitoring,
impact assessment and analyses, permitting assistance, and other assistance
required to address environmental issues.
S. Performing investigations, studies, and analysis of work proposed by
construction Contractors to correct defective work.
Design Services Agreement Page 24 of 30
T. Design, contract modifications, studies or analysis required to comply with
local, State, Federal or other regulatory agencies that become effective after
the date of this Agreement.
U. Services required to resolve bid protests or to rebid the Projects for any
reason.
V. Visits to the site in excess of the number of trips included in the Basic
Services for periodic site visits, coordination meetings, or contract completion
activities.
W. Any services required as a result of default of the Contractor(s) or the failure,
for any reason, of the contractor(s) to complete the work within the contract
time.
X. Providing services after the completion of the construction phase not
specifically listed in the Basic Services.
Y. Providing services made necessary because of unforeseen, concealed, or
differing site conditions or due to the presence of hazardous substances in
any form.
Z. Providing services to review or evaluate construction Contractor(s) claim(s),
provided said claims are supported by causes not within the control of
Consultant.
AA. Providing value engineering studies or reviews of cost savings proposed by
construction Contractors after bids have been submitted.
BB. Preparing statements for invoicing or other documentation for billing other
than for the standard invoice for services attached to this Professional
Services Agreement.
CC. Provide follow-up professional services during Contractor's warranty period.
DD. Furnishing the services of a Resident Project Representative to act as the
Town's on-site representative during the Construction Phase. The Resident
Project Representative will act as directed by Consultant in order to provide
more extensive representation at the Project site during the Construction
Phase. Through more extensive on-site observations of the work in progress
and field checks of materials and equipment by the Resident Project
Representative and assistants, Consultant shall endeavor to provide further
protection for the Town against defects and deficiencies in the work.
EE. If the Town provides personnel to support the activities of the Resident
Project Representative who is Consultant or Consultant's agent or employee,
the duties, responsibilities and limitations of authority of such personnel will
be set forth in an Attachment attached to and made a part of this Agreement
Design Services Agreement Page 25 of 30
before the services of such personnel are begun. It is understood and agreed
that such personnel will work under the direction of and be responsible to the
Resident Project Representative. The Town agrees that whenever
Consultant informs him in writing that any such personnel provided by the
Town are, in his opinion, incompetent, unfaithful or disorderly, such personnel
shall be replaced.
Design Services Agreement Page 26 of 30
EXHIBIT B
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Agreement between the Town of Prosper, Texas (Town)
and Freese and Nichols, Inc. (Consultant)
For First Street 20-Inch Waterline and 1.5 Million Gallon Elevated Water
Storage Tank Design Services
TABLE B-1
ITEM TASK COMPLETED COMPENSATION
1. 30% design submittal
within 21 days after
topographic survey
completion.
2. 60% design submittal
Basic Services - within 28 days after Town
Waterline Design approval of 30% submittal. Lump Sum of$83,250
3. 90% design submittal
within 21 days after Town
approval of 60% submittal.
4. Final design submittal
within 14 days after Town
approval of 90% submittal.
Special Services - Within 28 days after Town Cost plus multiplier of 1.15 with
Waterline Easement approval of 30% design maximum fee not to exceed
Preparation (five (5) submittal. $2,875 ($575/easement)
Easements)
Special Services -
Waterline Topographic Cost plus multiplier of 1.15 with
Design Survey (If Within 50 days after written maximum fee not to exceed
alternate elevated notice to proceed. $24,700
storage tank site is
chosen)
Special Services -
Waterline Topographic Cost plus multiplier of 1.15 with
Design Survey (If Within 50 days after written maximum fee not to exceed
approved elevated notice to proceed. $18,745
storage tank site is
chosen)
1. 50% design submittal
within 60 days after
topographic survey
Basic Services - completion.
Elevated Storage Tank 2. 90% design submittal Lump Sum of$156,000
Design within 60 days after Town
approval of 50% submittal.
3. 100% design submittal
within 60 days after Town
Design Services Agreement Page 27 of 30
ITEM TASK COMPLETED COMPENSATION
approval of 90% submittal.
Special Services - Cost plus multiplier of 1.15 with
Elevated Storage Tank 30 days after receipt of maximum fee not to exceed
Boundary Survey (If Notice to Proceed $2,465
alternate site is chosen)
Special Services -
Elevated Storage Tank Cost plus multiplier of 1.15 with
Boundary Survey (If 30 days after receipt of maximum fee not to exceed
approved site is Notice to Proceed $1,725
chosen)
Special Services - Cost plus multiplier of 1.15 with
Elevated Storage Tank 45 days after receipt of maximum fee not to exceed
Topographic Survey (If Notice to Proceed $5,500
alternate site is chosen)
Special Services -
Elevated Storage Tank 45 days after receipt of Cost plus multiplier of 1.15 with
Topographic Survey (If Notice to Proceed maximum fee not to exceed
approved site is $2,875
chosen)
Special Services - In accordance with schedule of
Geotechnical 60 days after receipt of charges in Paragraph B.1 below
Engineering notice to proceed with maximum fee not to exceed
$15,640
Special Services - Throughout the construction Cost plus multiplier of 1.15 with
Elevated Storage Tank phase maximum fee not to exceed
Inspection Services $40,250
For and in consideration of the Basic Services to be rendered by Consultant, the
Town shall pay the fees hereinafter set forth.
A. BASIC SERVICES:
1. For providing Basic Services as described in Exhibit A for the Project,
Consultant shall be paid a Basic Fee as a lump sum for the Project in
accordance with Table B-1.
2. If a portion(s) of the Project is deleted by the Town following submittal of the
Preliminary Design Report, the payment to Consultant for the deleted portion
of the Project shall be 25% of the Basic Fee rate. If a portion(s) of the Project
is deleted by the Town following submittal of final drawings and
specifications, the payment to Consultant shall be 85% of the Basic Fee rate.
3. Consultant may submit requests for partial payment based on the amount of
services complete; however, the sum total of those payments for the Basic
Services shall not exceed 85% of the total fee at time of submission of the
final drawings and specifications to the Town. The final 15% shall be due and
Design Services Agreement Page 28 of 30
B. SPECIAL SERVICES:
1. For providing Special Services as described in Exhibit A for the Project,
Consultant shall be paid a Cost Plus Multiplier fee not to exceed the amounts
listed above and in accordance with the following rate schedule.
Position Min Max
PRINCIPAL 200.00 260.00
SENIOR ENGINEER 155.00 205.00
ENGINEER (PE) 115.00 165.00
ENGINEER (EIT) 85.00 120.00
ENGINEERING TECHNICIAN 45.00 100.00
GIS ANALYST 60.00 90.00
WORD PROCESSING/SECRETARIAL 45.00 85.00
CO-OP 45.00 60.00
EXPENSES AND SUB-CONSULTANTS 1.15 MULTIPLIER
Design Services Agreement Page 29 of 30
EXHIBIT C
APPROVED AND ALTERNATE ELEVATED STORAGE TANK SITES
s . s -. IMP.-*mr..... * ._ , . ,
( k i iii. f, Y'. SIR # -7 (( - Y
_
- - .- : • —, - ,%=, "=- - z- -;,--k. :, , .
. - . .„- ,.:-'1,.., : !-I„ -4 :44
11
. j
,, Y
a ; • t{i.. : .�.jj .f
. J. __ . ,.,,-, .., Af, ,I.A.,. .,,,. -'-. ;-- ' * ' '..-'-'. ••i
grim„. i.,,Z...
S. ,ems, , ,*
ۥ .x'
t
axr
2{f / •
_
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r - - ,k !.
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t •
1
LEGEND
■ ALTERNATE ELEVATED
STORAGE TANK SITE
APPROVED ELEVATED
STORAGE TANK SITE
1111
I
rill 0 500'— — I
1000'
Freese and Nichols SCALE IN FEET
Design Services Agreement Page 30 of 30