􀀢􀁾􀀠􀀢􀀢􀀢􀁾􀁾􀀧􀀧􀀧􀀧􀀧􀀧􀀭􀀧􀀧􀀧􀀧􀀭􀀢􀀭􀀭􀀭􀀭􀀬􀁾􀀬􀀬􀀠 • -EXHIBIT A FIELD NOTES Water Line Easement Being a 0.170 acre tract ofland (Part A) and a 0.053 acre tract of land (Part B), situated in the Noah Good Survey, Abstract No. 520, located in the City of Addison, Dallas County, Texas, and being a portion of a tract of land conveyed to Northland Southwest Five Limited Partnership, as described in deed recorded in Volume 98084, Page 682, Deed Records of Dallas County, Texas, same being the revised final plat of Millcreek Apartments, as shown on plat recorded in Volume 76235, Page 2248, Map Records of Dallas County, Texas. Said tracts of land being more particularly described by metes and bounds as follows: "PART A" Commencing at a 112 inch iron rod found on the east right ofway line of Brookhaven Club Drive (a 100 feet right of way), same being on the west line of a tract of land conveyed to The Lemmons Co., as described in deed recorded in Volume 2002212, Page 5261, Deed Records of Dallas County, Texas, from which a 112 inch iron rod found at the northeast corner of said Millcreek Apartments Tract, bears South 89·46'15" East, 351.97 feet; Thence South 26·18'00" West, along said east right ofway line, a distance of 512.89 feet to the Place of Beginning; Thence departing said east right of way line, over and across said Millcreek Apartments Tract, the following courses and distances: South 64·48'16" East, a distance of 68.06 feet to a point for corner; North 89°48'33" East, a distance of 227.82 feet to a point for corner; South 00·11 '27" East, a distance of 15.00 feet to a point for corner; South 89·48'33" West, a distance of 20.91 feet to a point for corner; South 00·11'27" East, a distance of 190.71 feet to a point for corner; South 44·48'33" West, a distance of 7.07 feet to a point for corner; South 89°48'33" West, a distance of 10.00 feet to a point for corner; North 00°11'27" West, a distance of 195.71 feet to a point for corner; South 89°48'33" West, a distance of 195.30 feet to a point for corner; corner; North 64·48'16" West, a distance of 71.72 feet to a point for corner; Thence North 26·18'00" East, along said east right ofway line, a distance of 15.00 feet to the Place of Beginning and containing 0.170 acre of land, more or less. L:\LDDiADD04305\docs\exh-esmt_Ol.doc 101612005 Sheell of 3 " -,..., .."""'""',...... "" ..... ,,,..... "PART B" Commencing at a 1/2 inch iron rod found on the east right ofway line of Brookhaven Club Drive (a 1 00 feet right of way), same being on the west line of a tract of land conveyed to The Lemmons Co., as described in deed recorded in Volume 2002212, Page 5261, Deed Records of Dallas County, Texas, from which a 1/2 inch iron rod found at the northeast corner of said Millcreek Apartments Tract, bears South 89°46'15" East, 351.97 feet; Thence South 26°18'00" West, along said east right of way line, a distance of 558.90 feet to the northeast corner of a called 21 .516 acre tract of land conveyed to S2S Greenhaven Associates, LP., as described in deed recorded in Volume 2001238, Page 7681, Deed Records of Dallas County, Texas; Thence South 00°00'12" West, departing said east right ofway line, along the common line of said S2S Greenhaven Associates Tract and said Millcreek Apartments Tract, a distance of 1072.13 feet to the Place of Beginning; Thence departing said common line, over and across said Millcreek Apartments Tract, the following courses and distances: South 89°54'32" East, a distance of 9.67 feet to a point for corner; South 00°44'28" West, a distance of 42.78 feet to a point for corner; South 89°14'59" East, a distance of 69.71 feet to a point for corner; North 00°14'08" West, a distance of 38.07 feet to a point for corner; North 44°45'52" East, a distance of 24.75 feet to a point for corner; North 00°14'08" West, a distance of 27.20 feet to a point for corner; South 89°29'53" East, a distance of 15.00 feet to a point for corner; South 00°14'08" East, a distance of 26.15 feet to a point for corner; South 44°45'52" West, a distance of 31 .82 feet to a point for corner; South 00°14'08" East, a distance of 43.41 feet to a point for corner; North 89°34'34" West, a distance of 75.87 feet to a point for corner; South 00°42'13" West, a distance of 2.63 feet to a point for corner; South 89°45'52" West, a distance of 12.96 feet to the said common line; Thence North 00°00'12" East, along said common line, a distance of 55.27 feet to the Place of Beginning and containing 0.053 acre of land, more or less. d in the month of February 2005. DATE: 10105/200 N H. ROBERSON, R.P.L.S. NO. 4090 Bearings are based on the north line ofthe revised final plat of Millcreek Apartments, racorded in Volume 76235, Page 2247,M.R.D.C. T. See Sheets 2 and 2 for sketch. L:ILDDIADD04305Idocslexh..esmt_01.doc 101612005 Sheel2 of 3 -------------N 􀁾􀁉􀀠􀁾􀀠I,. N 􀁾􀀠195.30' ESMT, Z PLAT) g• 􀁾􀀠S44"48'33"W '"' 􀀮􀁾􀀠'-'-EXHIBIT B I -I THE LEMMONS CO, VOL 2002212, PG. 5261 D.R.D.C.T.o 50 100 200 􀁾􀀠S89'46'15"E 351.97' 11/2"11"LJ I PLACE OF SCALE: 1" = 100' COMMENCING NOTES: 1. Bearings ore based on theI /north line of the revised ! fino I plot of Millcreek§ Aportments, recorded in Volume 76235, Poge 2247.􀁾􀀠M.R.D.C.T..<;;) , 􀁾􀀠R 2. Integrol ports of this survey:..::::. ! CITY or ADDISON INC. DALLAS COUNTY, TEXAS £:if; C1'􀁾\:: itJ° I VOL 98084, PG. 682 <1:1 /D.R.D.C.T. .,:\1.'\\ V SV ";)'PIJ PLACE OF GOO\) 􀁾􀁏􀂷􀀠BEGINNING B" N26"18'00"E 15.00'-I 􀁾°􀁜􀂻􀀮􀁾􀀺􀁜􀀱􀀮􀁜􀂻􀀮􀁃􀁾􀀠WATER LINE S64'48'16"E \».\) 0.170 ACRE EASEMENT-􀁾􀁒􀀹􀀧􀀴􀀸􀀧􀀳􀀳􀀢􀁗􀀠20.91 ' /LINE ABLE /LINE LENGTH BEARING L1 967 S89'S4'32"E L2 42,78 SOO'44'28"W L3 69.71 S89'14'59"E L4 38.07 NOO'14'08'W L5 24.75, N44'45'52"E L5 27.20 NOO'14'08'W 15.00 S89'29'53"Er-F'L8 26.15 500'14'08"EPLACE OF L9 31.82 S44'4S'52"WBEGINNING 43.41L10 500' 14'08"E L7"PART B" L11 75.87 N89'34'34"W·r'oa: 􀁾􀀮􀀠2.53 SOO'42'13"W...i UTIL ESMT. 􀁾􀀠12.95 S89'45'S2"W(PER PLAT) 􀁾􀀳􀀠r-!4-?wtti'ii) L14 55.27, _NOO'00'12"Eo::W", 􀁾􀀠v'􀀵􀀺􀁩􀁾􀁲􀀭􀀭􀀮􀀠􀁾􀁾􀀠u' 􀁾􀁳􀀺􀀺"'0'"..... Vla.....: :-' "PARTS A&B"If) til ' ,,;":o;i"'! 􀁎􀁺􀁾􀁱􀀠􀁌􀀱􀀱􀀳􀁾􀁌􀀱􀀱􀀠..J WATER LINEoW.,....Q!..,>oci "PART Bn .... ":0 ..J:I:N 0.053 ACRE..:Z EASEMENTu'" .",-' W..:",0 Situated in the",> III NOAH GOOD SURVEYl;! ABSTRACT NO. 520 City of Addison Dallas County, Texas TEAGUE NALL AND PERKINS CQHBI1£TZHO SHGIH.aRB 1100 Macon StreetOctober 05, 2005 Fort Worth, Texas 75102 (817) 336-577JDate: SHEET 3 OF 3 JOB NO. ADD 0430S 􀁾􀀧􀀭􀀭􀀢􀀢􀀢􀀢􀀢􀀧􀀧􀀧􀀧􀀧􀀮􀀧􀀧􀀧􀁾􀁾􀁊􀀠 , ................_"....... 􀁾􀁾􀁾􀀢􀀢...􀀧􀀭􀁾􀀬􀀠....􀁾􀁾􀀬􀀠EXHIBIT A FIELD NOTES Water Line Easement Being a 0.170 acre tract of land (Part A) and a 0.053 acre tract of land (Part B), situated in the Noah Good Survey, Abstract No. 520, located in the City of Addison, Dallas County, Texas, and being a portion of a tract of land conveyed to Northland Southwest Five Limited Partnership, as described in deed recorded in Volume 98084, Page 682, Deed Records of Dallas County, Texas, same being the revised final plat of Millcreek Apartments, as shown on plat recorded in Volume 76235, Page 2248, Map Records of Dallas County, Texas. Said tracts of land being more particularly described by metes and bounds as follows: "PART A" Commencing at a 1/2 inch iron rod found on the east right of way line of Brookhaven Club Drive (a 100 feet right of way), same being on the west line of a tract of land conveyed to The Lemmons Co., as described in deed recorded in Volume 2002212, 2002212, Page 5261, Deed Records of Dallas County, Texas, from which a 1/2 inch iron rod found at the northeast comer of said Millcreek Apartments Tract, bears South 89°46'15" East, 351.97 feet; Thence South 26°18'00" West, along said east right ofway line, a distance of 512.89 feet to the Place of Beginning; Thence departing said east right of way line, over and across said Millcreek Apartments Tract, the following courses and distances: South 64°48'16" East, a distance of 68.06 feet to a point for corner; North 89°48'33" East, a distance of 227.82 feet to a point for corner; South 00° 11 '27" East, a distance of 15.00 feet to a point for corner; South 89°48'33" West, a distance of 20.91 feet to a point for corner; South 00°11'27" East, a distance of 190.71 feet to a pointfor corner; South 44°48'33" West, a distance of 7.07 feeUo a point for corner; South 89°48'33" West, a distance of 10.00 feet to a point for comer; North 00°11'27" West, a distance of 195.71 feet to a point for comer; South 89°48'33" West, a distance of 195.30 feet to a point for comer; North 64°48'16" West, a distance of 71.72 feet to a point for comer; Thence North 26°18'00" East, along said east right of way line, a distance of 15.00 feet to the Place of Beginning and containing 0.170 acre of land, more or less. L:\LOOIAOD04305Idocs\exh..,smt_01.doc 101612005 Sheet 1of3 􀀢􀀧􀁾􀁾􀀭􀀭􀁾􀀭"PART B" Commencing at a 1/2 inch iron rod found on the east right ofway line of Brookhaven Club Drive (a 100 feet right of way), same being on the west line of a tract of land conveyed to The Lemmons Co., as described in deed recorded in Volume 2002212, Page 5261, Deed Records of Dallas County, Texas, from which a 1/2 inch iron rod found at the northeast corner of said Millcreek Apartments Tract, bears South S9°46'15" East, 351.97 feet; Thence South 26°18'00" West, along said east right of way line, a distance of 558.90 feet to the northeast corner of a called 21.516 acre tract of land conveyed to S2S Greenhaven Associates, L.P., as described in deed recorded in Volume 2001238, Page 7681, Deed Records of Dallas County, Texas; Thence South 00·00'12" West, departing said east right ofway line, along the common line of said S2S Greenhaven Associates Tract and said Millcreek Apartments Tract, a distance of 1072.13 feet to the Place of Beginning; Thence departing said common line, over and across said Millcreek Apartments Tract, the following courses and distances: South S9·54'32" East, a distance of 9.67 feet to a point for corner; South 00·44'2S" West, a distance of 42.78 feet to a point for corner; South S9°14'59" East, a distance of 69.71 feet to a point for corner; North 00·14'08" West, a distance of 38.07 feet to a point for corner; North 44·45'52" East, a distance of 24.75 feet to a point for corner; North 00°14'08" West, a distance of 27.20 feet to a point for corner; South 89°29'53" East, a distance of 15.00 feet to a point for corner; South 00·14'OS" East, a distance of26.15 feet to a point for corner; South 44·45'52" West, a distance of 31.S2 feet to a point for corner; South 00°14'08" East, a distance of 43.41 feet to a point for corner; North S9·34'34" West, a distance of 75.S7 feet to a point for corner; South 00°42'13" West, a distance of 2.63 feet to a point for corner; South S9°45'52" West, a distance of 12.96 feet to the said common line; Thence North 00·00'12" East, along said common line, a distance of 55.27 feet to the Place of Beginning and containing 0.053 acre of land, more or less. #';; 􀁾􀀠._ IN· 􀁾􀁜"" .......S:i1, ed in the month of February 2005. 􀀱􀁐􀁾􀀬􀀦􀀰􀀻􀀧􀀪􀁾􀀧� �􀀺􀀨􀀩􀁜􀀠􀀢􀀧􀀧􀀧􀀧􀁩􀁰􀁜􀁩􀁾􀁩􀁩􀂷􀁩􀁴􀁩􀁩􀁯􀁲􀀮􀁩􀁒􀁓􀁏􀁜􀀧􀁬DATE: 1􀀰􀀯􀀰􀀵􀀯􀀲􀀰􀀰􀁾􀀱􀀢􀀢􀁾􀀢􀀺􀀺􀁏􀀢􀀧􀀭􀀢􀀺􀀽􀀭􀀭􀀢􀀺􀀺􀀺􀀧􀀧􀀧􀀮􀀻•• ...0 􀁾􀀺􀁣􀁴􀀢􀀮􀀠"0 􀁾􀁾􀀠􀀨􀁩􀀺􀂷􀀮􀁉􀀧􀁅􀁓􀁓􀁜􀁾􀁯􀀨 􀀺􀁪􀀠Iva 􀀧􀁳􀁵􀁾􀁜􀁊􀀢􀀧􀀭􀀧􀀠Bearings are based on the north line of the revised final plat of Millcreek Apartments, recorded in Volume 76235, Page 2247,MRD.C, T. See Sheets 2 and 2 for sketch. L:ILDDlADD04305ldocslexh-esmL01.doc 101612005 Sheet 2 of3 l 􀀧􀁾􀀮􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀧􀁾􀀢􀀧􀁲􀀭􀁟􀀠 EXHIBIT B I I THE lEt.tt.tONS CO. Val. 2002212, PG. 5261 D.R.D.C.T. o 50 100 200 􀁾􀁾􀀠589'46'15"E 351.97' 11/2"IR'I! I PLACE OF SCALE: 1" = 100' COMMENCING NOTES: 1, Bearings are based on theI north line of the revised finol plat of Millcreek Apartments. recarded in I 􀁾􀀠Volume 76235. Page 2247.§? /M,R,D,C,T,'> ' 􀁾􀀠r!i? 2. Integral ports of this survey:.v q,' 0, legal Description (j£0 If:? I A CALLED 23.6738 ACRE TRACT b, Sketch B ':>..{? , MILLCREEK APARTMENTS INC. £,'5' 􀀬􀁾􀁉􀁩􀀡􀀡􀀠I CITY OF ADDISON DALLAS COUNTY, TEXAS 􀁾;:;:§,:,:: Of',<;5 ..... VOL. 76235, PG. 2248 􀁾􀀠,.'!' '0 !.l.R.D.C.T. o JfJ A CALLED 23.705 ACRE 􀁾􀀠 v, I NORTHLAND SOUTHWEST FIVE Llt.tITED PARTNERSHIP .Q;l I VOL. 98084, PG. 682 -a:'{ /D.R.D.C.T. 􀁓􀁜􀀩􀁾􀁾􀁾􀁃􀁜􀀠PLACE OF G\:/0\> "t\a . BEGINNING "PART A" I "t\a􀁾􀁾􀀧􀁜􀁾􀁾c:'􀁾􀁜􀀺􀀩I 564'48'16"E 589' 48'33"W 1 O' UTil N64' 48'16"W (PER 71.72'NI r-.01I Ir-: N-589'48'33"WPLACE OF BEGINNING 10.00' 544'. "PART 0: -=-;:?' .'r'o .J 10' 10' UTIL, ESMT. 􀁾􀀻(PER PLAT) ::U-l UJ vi Qj 􀁾-oF"'w'"o!;;(,... s;: r11<-...,Ul 􀁾􀀬􀀮􀀮􀀮"'0'"(I) U· 0... 􀁾..... • UHf) t-:"« "'0-"',􀁎􀁺􀁴􀀺􀀱􀁾􀀠 􀁣􀁗􀁾􀀽􀀠"PART B" 􀁷􀁾􀁯􀁣􀀺􀁩􀀠..JIO " til LINE TABLE LINE LENGTH Ll 9,67 L2 42,78 L3 69.71 L4 38,07 L5 24,75 L6 27,20 L7 15,00 L81 26.15 L9 31,82 L10 43.41 L11 75,87 L12 2,63 L13i 12,96 L14:J 55.27 , NVI) vv 1 "PARTS A&B" WATER LINE EASEMENT Situated in the NOAH GOOD SURVEY '"til October 2005 Date: ABSTRACT NO. 520 City of Addison Dallas County, Texas TEAGUE NALL AND PERKINS COllSfT£T1HG 􀁊􀁈􀁾􀁬􀁈􀀵􀀵􀁉􀁬􀁓􀀠1100 Macan Street Fort Worth, Texas 76102 (817) 335-5773 SHEET 3 OF 3 JOB NO, ADD 04305 􀁾􀁾􀀮􀁾􀀮􀀠..,. 􀀮􀀮􀀧􀀧􀀧􀀧􀀮􀀧􀀮􀀧􀀧􀀧􀀧􀀮􀀧􀀮􀁾􀀧􀀧. 􀁾.."-'''..."." EXHIBIT A FIELD NOTES Water Line Easement Being a 0.040 acre tract of land, situated in the Noah Good Survey, Abstract No. 520, located in the City ofAddison, Dallas County, Texas, and being a portion ofa called 21.516 acre tract of land conveyed to S2S Greenhaven Associates, L.P., as described in deed recorded in Volume 2001238, Page 7681, Deed Records of Dallas County, Texas. Said 0.040 acre tract of land being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch iron rod found on the east right of way line of Brookhaven Club Drive (a 100 feet right of way), same being on the west line of a tract of land conveyed to The Lemmons Co., as described in deed recorded in Volume 2002212, Page 5261, Deed Records of Dallas County, Texas, from which a 1/2 inch iron rod found at the northeast corner of said Millcreek Apartments Tract, bears South 89°46'15" East, 351.97 feet; Thence South 26°18'00" West, along said east right of way line, a distance of 558.90 feet to the northwest corner of a tract of land conveyed to Northland Southwest Five Limited Partnership, as described in deed recorded in Volume 98084, Page 682, Deed Records of Dallas County, Texas, same being the revised final plat of Millcreek Apartments, as shown on plat recorded in Volume 76235, Page 2248, Map Records of Dallas County, Texas, and the northeast corner of said S2S Greenhaven Associates Tract; Thence South 00°00'12" West, departing said east right of way line, along the common line of said Millcreek Apartments Tract and said S2S Greenhaven Associates Tract, a distance of 1072.13 feet to the Place of Beginning; Thence South 00°00'12" West, continuing along said common line, a distance of55.27 feet to a point for corner; Thence departing said common line, over and across said S2S Greenhaven Associates Tract, the following courses and distances: South 89°45'52" West, a distance of 9.00 feet to a point for corner; North 00°04'37" East, a distance distance of 40.32 feet to a point for corner; North 89"54'32" West, a distance of 126.83 feet to a point for corner; North 00"05'28" East, a distance of 10.00 feet to a point for corner; South 89°54'32" East, a distance of 126.82 feet to a point for corner; North 00"05'26" East, a distance of 5.00 feet to a point for corner; South 89"54'32" East, a distance of 8.92 feet to the Place of Beginning and containing 0.040 acre of land, more or less. Prepared from a survey performed in the month of February 2005. DATE: 10/05/2005 H. ROBERSON, R.P.L.S. NO. 4090 Bearings are based on the north line of the revised final plat of Millcreek Apartments, recorded in 76235, Page 2247,M.R.D.C.T. See Sheets 2 and 2 for sketch. L:ILDDIADD04305ldoCS\exh·••mL02.doc 101612005 She.t 1012 􀀭􀁾....􀁾􀀽􀀭􀀭􀀭􀀮II ;• ! THE LEMMONS CO,EXHIBIT B ! VOl. 2002212, PG, 5261 D.R.D.C.T. '\j2-IRF PLACE OF COMMENCING I I• o 50 100 200 ! !I ! I I NOTES: SCALE: 1" = 100' 1. Beorings ore bosed on the .c:>f ' /north line of the revised final plot of Millcreek􀁾􀀠􀁾􀀠,;;:) lb' Aportments, recorded in tl " ,'fj ; Volume 76235, Poge 2247, * 􀀢􀁾􀁉􀀠 M.R.D.C.T. 2. Integrol ports of this survey: 􀁾􀀠s k> a. Legol Description 􀁉􀀤􀁑􀀤􀁦􀀡􀁾􀀠N b. SketchS' '-.: i! 􀁾􀁏􀀮􀀠'0'2-\) INC. 􀁾􀁏􀁜􀀡􀀧􀀾􀁾't,,?-\!,>C't /; \!'>))'5 ; A CALLED 23.6738 ACRE TRACT MILLCREEK APARTMENTS CITY Of' ADDISON DALlAS COUNTY, TEXAS VOl. 76235, PG. 2248 I"') 􀁾􀀠M.R,D,C,T. N/t"A CALLED 23,705 ACRE01 􀁾/NORTHLAND SOUTHWEST FIVE LINE TABLE LINE ILENGTH I BEARING I Ll 5S.2i SOO'00'12"W L21 9.001 S89'4S'S2"W L31 40.321 NOO'04'37"E L41 126.831 N89'S4'32"W L5 10.00' NOO'OS'2a"E L6 126,82 S89'54'32"E L7 5.00 NOO'OS'2a"E L8 8.92 589'54'32"E LIMITED PARTNERSHIP VOl. 98084, PG. 682?' D.R.D.C.T. N /' b 􀁾 /I //' 8 o 0.040 ACRESV< WATER LINE EASEMENT PLACE OF S·t t d' th 10' UTIL. ESMT. Il} BEGINNING I ua e In e (PER PLAT) L6 􀁾􀁜􀁹􀀠. 􀁾􀀠NOAH GOOD SURVEY, ABSTRACT NO. 520 Wuh&M .4 I"') ..J L 0.040 ACRE WATER LINE EASEMENT A CALLED 21.516 A( :RE S2S GREENHAVEN ASSOCIATES, loP. VOL. 2001238, PG. 7681 ZL D.R,D,C,T. TEAGUE NALL AND PERKINS C01fSULTlIlG 􀀮􀁒􀁑􀀧􀀱􀁦􀁾􀀮􀁂􀁓􀀠1100 Macon StreetOctober 05, 2005 Fort Worth, Texas 75102 (817) JJ5-577JDote: SHEET 2 OF 2 JOB NO. ADD 04305 -'T< __, 􀀢􀀧􀁾􀀠􀁾􀀢􀀧􀀢􀀠􀁾􀀮􀀧􀀮􀀧􀀧􀀧􀀾􀀮.....􀀧􀀧􀁾􀀢􀀮􀀧􀀧........ ' .. EXHIBIT A FIELD NOTES Water Line Easement Being a 0.040 acre tract of land, situated in the Noah Good Survey, Abstract No. 520, located in the City of Addison, Dallas County, Texas, and being a portion ofa called 21.516 acre tract of land conveyed to S2S Greenhaven Associates, LP., as described in deed recorded in Volume 2001238, Page 7681, Deed Records of Dallas County, Texas. Said 0.040 acre tract of land being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch iron rod found on the east right ofway line of Brookhaven Club Drive (a 100 feet right of way), same being on the west line of a tract of land conveyed to The Lemmons Co., as described in deed recorded in Volume 2002212, Page 5261, Deed Records of Dallas County, Texas, from which a 1/2 inch iron rod found at the northeast comer of said Millcreek Apartments Tract, bears South 89°46'15" East, 351.97 feet; Thence South 26°18'00" West. along said east right of way line, a distance of 558.90 feet to the northwest comer of a tract of land conveyed to Northland Southwest Five Limited Partnership, as described in deed recorded in Volume 98084, Page 682, Deed Records of Dallas County, Texas, same being the revised final plat of Millcreek Apartments, as shown on plat recorded in Volume 76235, Page 2248, Map Records of Dallas County, Texas, and the northeast comer of said S2S Greenhaven Associates Tract; Thence South 00°00'12" West, departing said east right of way line, along the common line of said Millcreek Apartments Tract and said S2S Greenhaven Associates Tract, a distance of 1072.13 feet to the Place of Beginning; Thence South 00°00'12" West, continuing along said common line, a distance of 55.27 feet to a point for corner; Thence departing said common line, over and across said S2S Greenhaven Associates Tract, the following courses and distances: South 89°45'52" West, a distance of 9.00 feet to a pOint for corner; North 00°04'37" East, a distance of 40.32 feet to a point for corner; North 89°54'32" West, a distance of 126.83 feet to a point for corner; North 00·05'28" East, a distance of 10.00 feet to a point for corner; South 89°54'32" East, a distance of 126.82 feet to a point for corner; North 00°05'26" East, a distance of 5.00 feet to a point for corner; South 89°54'32" East, a distance of 8.92 feet to the Place of Beginning and containing 0.040 acre of land, more or less. Prepared from a survey performed in the month of February 2005. DATE: 10/05/2005 Bearings are based on the north line of the revised final plat of Millcreek Apartments, recorded in Voiume 76235, Page 2247,M.R.D.C. T. See Sheets 2 and 2 for sketch. L:\LDDIAD004305ldocsl.xh ..... mC02.doc 101612005 Sheet 1 012 '-........ 􀁾􀀬.., I 􀀧􀀧􀀧􀀭􀀧􀀧􀀢􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀽􀀧􀁾􀀢􀀠I ..􀀢􀁾􀀠 "'''.'''.......􀁾............. THE LEMMON. ''-'''_,EXHIBIT B //VOL. 2002212, PG. D.R.D.C.T. 􀁾􀀠 􀀱􀀯􀀲􀁾􀁉􀁒􀁦􀀠PLACE OF COMMENCING I I, o 50 100 200 I : I NOTES; SCALE: 1" = 100' 1. Bearings are based on the 􀁾􀀠, north line of the revised fino I plat of Millcreek f /fQ o '0 o 􀁾􀀯􀀠􀁾􀀠/S\j'?<􀁾􀀻􀁲􀁾􀀢􀁻􀀠INC. (F/)\) 􀁾􀀨􀀩􀀮􀀠'0'?-\)/􀁾􀀨􀀩􀁴􀀺􀂻􀁾't'? Address Zip Code AMOUNT EXPLANATION 􀁎􀁾􀁓􀀮􀁾􀀠􀁾􀁾􀀠Authorized Signature Finance TEAGUE NALL AND PERKINS,INC. CONSULTING ENGINEERS 12160 North Abrams Rd .• Suite 508 Dallas, Texas 75243 214461-9867 City of Addison PO Box 9010 Addison, 1)( 75001 AnN. Steve Chutchian, P.E. Statement for Professional Services Rendered ADD 04305 Greenhaven Apts Water Improvements Services rendered 10/1/05 -10131/05 10131105 Mailed 11-10.Q5 Invoice No. 04305-06 Services Provided: Boundary analysis; Easement exhibits; Draft contract specs. Basic Services: Contract Budget " % Complete to Date " Total Due to Date '" Amount Previously Billed " SUBTOTAL BASIC SERVICES '" Special Services: Contract Budget " % Complete to Date " Total Due to Date '" Amount Previously Billed '" SUBTOTAL SPECIAL SERVICES '" TOTAL AMOUNT DUE '" $ $ $ 24,000.00 84% -r,,, ..... , .,." 20,160,00 19,680.00 --,,.,. . . .""" . $ 480.00 $ 11,000.00 85.0% $ $ 9,350.00 7.590.00 $ 1,760.00 $ 2,240.00 (Pi...._,ADD OOOS projeet numb", on all payments ofthis 􀁟􀁭􀀮􀁮􀁾􀀠 TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO Claim # Check $ 4,57t? aJDATE: Vendor No. Vendor Name Address Address 7S24-3 Address Zip Code OBJ AMOUNT TOTAL 1!4-8tJ. tlt': EXPLANATION ····r 􀁾􀀬􀁌􀀭􀀭􀁁􀁥􀁾􀀠Authorized Sianature Finance Tl!AGUE NALL AND PERKINS,INC. CONSULTING ENGINEERS 12160 North Abrams Rd" Suite 508 Dallas, Texas 75243 􀀲􀀱􀁾􀀱􀀭􀀹􀀸􀀶􀀷􀀠City of Addison PO Box 9010 Addison, TX 75001 AnN, Steve Chutchian, P,E, Statement for Professional Services Rendered ADD 04305 Greenhaven Apts Water Improvements Services rendered 911/05 -9/30105 9130/05 Mailed 10-Hl5 Invoice No, 04305-05 Services Provided: Project quantities; Cos! opinion, Basic Services: Contract Budget = $ 24,000,00 % Complete to Date 82%'" , . "' , -. ",.. . ' J.,. ."".., -..'-..􀀧􀁾􀀮􀀬􀀮􀀠" .. ",,', .. '-􀀮􀀭􀁾􀀠" ... ' Total Due to Date = $ 19,680,00 Amount Previously Billed $ 19,200,00'" SUBTOTAL BASIC SERVICES = $ 4S0.00 Special Services: ' Contraot Budget = $ 11,000,00 % Complete to Date = 69,0% Total Due to Date = $ 7,590,00 ,.Amount Previously Billed $ 7,590,00 :SUBTOTAL SPECIAL SERVICES = $ TOTAL AMOUNT DUE $ 480.00'" (P1eflSG: so'ow ADD 04305 project number on all payments of this statement) TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO Claim # Cheek $ Cfl !lev, tVDATE: Vendor No. Vendor Name 12.160 §CJgPf A 􀀸􀁾􀁳􀀠12£),,1 SVIn: Sl'6' Address O.A-LLAS, TEXA-S 7S243 Address Address Zip Code IINVOICE # OR DESCRIPTION TOTAL 1/4-!?r:?o. EXPLANATION 􀁁􀁾􀁾􀀠Authorized Sianature Finance TEAGUE NALL AND PERKlNS,INC. CONSULTING ENGINEERS 12160 North Abrams Rd., Suite 508 Dallas, Texas 75243 214-461-9867 City of Addison PO Box 9010 Addison, IX 75001 ATTN. Steve Chutchlan, P.E. Statement for Professional Services Rendered ADD 04305 Greenhaven Apts Water Improvements Services rendered 5f1/05 -8131105 8131/05 Mailed 9-14.(15 Invoice No. 04305-04 Services Provided: Address City review comments; Submit final plans. Basic Services; Contract Budget % Complete to Date Tctal Due to Date Amount Previously Billed SUBTOTAL BASIC SERVICES Special Services; Contract Budget % Complete to Date T oIal Due to Date Amount Previously Billed SUBTOTAL SPECIAL SERVICES TOTAL AMOUNT DUE = $ 24,000.00 = 800/0 = $ 19,200.00 = $ 14,400.00 = $ 4,800.00 = $ 11,000.00 = 69.0% = $ 7,590.00 = $ 7,590.00 = $ = $ 4,800.00 (P..... show ADD 04305 project number on all payments ofthis _01) ------DATE: Vendor No, Vendor Name Address Address TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO Claim # Check $ f!J {,a7, t:V ',TliAr;vG. 􀀡􀁖􀁁􀀭􀀼􀀭􀁌􀀧􀁁􀀺􀁾􀀠P(£}i'!/::.rx /'IK " . /Z/Gt? /VC:>lerH 􀁁􀁂􀁆􀁚􀀮􀁁􀀢􀀢􀁾􀀠£2;'! SC4TE .5i7r!? . DA-c..L/I:{" TEX>4s 7.5'21=3 Address Zip Code TOTAL.J 8G aJ. tV EXPLANATION 􀂷􀁁􀁾􀀠Authorized Signature Finance TEAGUE NALL AND PERKINS,INC. CONSULTING ENGINEERS 12160 North Abrams Rd., Suite 508 Dallas, Texas 75243 214-461-9867 City of Addison PO Box9010 Addison, TX 7500 1 ATTN. Steve Chutchlan, P.E. Statement for Professional Servloes Rendered ADD 04305 Greenhaven Apts Water Improvements Servloes rendered 4/1105 -4/30/05 4130/05 Mailed 5-9-05 Invoice No. 04305-03 Services Provided: Preparation and submittal of preliminary plans; Site visits. Basic Services: Contract Budget = $ 24,000.00 % complete. t? 􀁾􀁾􀁥􀀠. , , = 60%·􀁾􀀮􀀠T etal Due to Date = $ 14,400.00 Amount Previously Billed = $ 6,240.00 SUBTOTAL BAsiC SERVICES $ 8,160.00" Special Services: Contract Budget $ 11,000.00'" % Complete to Date 69.0%" Total Due to Date = $ 7,590.00 Amount Previously Billed $ 7,150.00 " SUBTOTAL SPECIAL SERVICES $ 440.00" TOTAL AMOUNT DUE = $ 8,600.00 􀁃􀁾􀀧􀀨􀁾􀁜􀀠rM;1(, 􀀵􀁜􀀨􀀱􀁜􀁾􀀤(PI......show ADD 04305 project numbor 011 all _nts oIlhls -I) TOWN OF ADDISON PAYMENT AUTHORIZAT10N MEMO Claim #:....---.,;:...-.___DATE: Vendor No, Vendor Name Address f2-f€;O ;1ctJJe7H 􀁁􀀭􀀶􀁾􀀤􀀠Pr:>." 􀀤􀀢􀁬􀀯􀁲􀁔􀁾􀀠􀁾􀀸􀀧􀀠Address Dt+c..64'S I T€)UTfC..5fP8 Address i)A-c.L.AS I TCXt4:s' 752'1-3 Address Zip Code TOTAL/I 8)760, aJ EXPLANATION . fle-' aL.,. Authorized Signature Finance TEAGUE NALL AND PERKINS,INC. CONSULTING ENGINEERS 12160 North Abrams Rd., Suite 508 Dallas, Texas 75243 214-461-9867 City of Addison PO Box 9010 Addison, TX 75001 AffN. steve Chutchian, P,I:. Statement for Professional Services Rendered ADO 04305 Greenhaven Apts Water Improvements Services rendered 211/05 -2128105 2128/05 Mailed 3-8-05 Invoice No, 04305-01 Services Provided: Correspondence with City; Field survey; Begin preliminary plans, Basic Services: .,Contract Budget $ 24,000,00 % Complete to Date 9%'" Total Dueto Date $ 2,160.00'" .,Amount PrevIously Billed $ SUBTOTAL BASIC SERVl'CES $' Z,160.oo'" Special Services: .,Contract Budget $ 11,000,00 % Complete to Date = 60,0% .,Total Due to Date $ 6,600,00 Amount Previously Billed = $ .,SUBTOTAL SPECIAL SERVl'CES $' 6,600.00 .,TOTAL AMOUNT DUE $' 8,760.00 4 eli! &.Ie:', ). u:; ? IIS/o5 (P!eaSQ show AOD 04305 project: number on all payments ofthis statement) Steve Chutchian From: Carolyn Burgett Sent: Monday, March 21, 20054:48 PM To: Sieve Chutchian Subject: RE: Brookhaven Water Project The project number is 53602. --Original Message-fnIm: 􀁾Chutx:hlan Sent: MOnday, Marcil 21, 200s 9:01 AM To: carolyn Burgett Ce: Jenny Nitewander subject: BrookIlaven _ Project Carolyn: Ijust promoted the Brookhaven Water Project on CFAB. Can you forward a project number to me as soon as possible. Thanks. Steve C. 1 DATE SUBMITTED: December 29, 2004 FOR COUNCIL MEETING: January 11,2005 Council Agenda Item: SUMMARY: This item is for the approval ofan Engineering Services Contract for the design ofthe Addison on Brookhaven Apartments and the Greenhaven Village Apartments Water System Improvements. FINANCIAL IMPACT: Budgeted Amount $177,000 Cost: $35,000.00 (Engineering, Survey, Easement Prep Only) Source ofFunds: Funds are available from the FY 2004-05 Water and Sewer Fund, as indicated in the Five Year Capital Replacement Program. BACKGROUND: This project was established by the Public Works Department from a need to replace an existing undersized 6-inch diameter water line with an 8-inch diameter water line in the Addison on Brookhaven Apartments and the Greenhaven Village Apartment complexes. This project will also link the two dead-end distribution line systems with a counection line across the property limits. The connection across the apartment complexes will require the preparation oftemporary construction easements and permanent utility easements. This portion ofthe Town's water system is in a deteriorated condition primarily due to age. The attached proposal for engineering services was negotiated with the firm ofTeague Nail and Perkins, Inc., in the total amount not to exceed $35,000.00, for the design ofthe replacement of the existing 6-inch water main system. Their fee is broken down according to task as fo!lows: Construction Plan Preparation, Construction Administration .................. ... $24,000.00 Design Survey and Preparation of 2 Permanent and 2 temporary Construction Easements .............................. $11 ,000.00 Total Fee for Services .................................. ............................................... $35,000.00 RECOMMENDATION: It is recommended that Council authorize the City Manager to enter into a contract with Teague Nail and Perkins, Inc., in the amount of$35,000.00, for engineering services associated with the design ofthe Addison on Brookhaven Apartments and the Greenhaven Village Water System Improvements project. . Responsive Service. Reliable Results. I/,/;r.::t TEAGUE NALL AND PERKINS 􀀱􀀱􀁉􀀯􀁾􀁣􀀻􀀠ENGINEERS. SURVEYORS. CONSULTANTS , AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Greenhaven Village and Addison of Brookhaven Apartments Waterline Improvements TNP PROJECT NUMBER: ADD 04305 CLIENT: Town of Addison Attn: Steve Chutchian, P.E. ADDRESS: P.O. Box 9010 Addison, Texas 75001-9010 The Town of Addison (CLIENT or TOWN) hereby requests and authorizes Teague Nail and Perkins, Inc., (ENGINEER) to perform the following services: SCOPE: Provide professional engineering services for construction plan preparation for public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane within the Town of Addison, Texas. A detailed project description and scope of services is included as Attachment 'A' and is made a part hereto. COMPENSATION: Services rendered for Basic Services as summarized above and itemized in Attachment 'A', shall be billed monthly based on the ENGINEER's estimate of the percentage of work completed; and paid promptly upon receipt of invoice. Agreement to this contract acknowledges available funding for the proposed services. The Town of Addison agrees to pay the ENGINEER the following fixed fees: 1. BASIC SERVICES: The CLIENT agrees to pay the ENGINEER for: Construction Plan Preparation and Construction Administration $24,000 fixed fee 2. SPECIAL SERVICES: Compensation for Special Services not covered by the Basic Services provided for herein shall be as shown below. Special Services are itemized specifically in Attachment 'A'. The Town of Addison agrees to pay the ENGINEER the following: Design Survey and Preparation of Easements (2 Perm. Utility and 2 Temp. Construction) $11,000 fixed fee Delays by the CLIENT in excess of 12 months to the project completion, due to circumstances out of ENGINEER'S control, shall result in appropriate adjustments to compensation. 12160 North Abrams Road. Suite 508 • Dallas, Texas 75243 • 214.461.9867 phone • 214.461.9864 fax www.tnp-online.com SUPPLEMENTAL PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for TNP, Inc. to pro",ed with the work, unless otherwise provided for in the authorization. LABOR COSTS TNP. Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc:s employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover aU 􀁰􀁡􀁹􀁲􀁯􀁬􀁪􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤􀀠taxes, payments, premiums. and benefits. DIRECT EXPENSES TNP. !nc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee '5, automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual cOfTlmercral charges when furnished by TNP, Inc. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, When approved by CLIENT, an additional amount shall be added to the cost of these services for TNP, Inc.'s administrative costs, as provided herein. ENGINEER'S OPINION OF PROBABLE COST Any cost opinions provided by TNP, Inc. will be on a basis of experience and judgment. but since it has no control OVer market conditions or bidding procedures TNP. Inc, cannot warrant that bids or ultimate construction costs will not vary from these cost opinions, PROFESSIONAL STANDARDS TNP, Inc. shall be respons[bte. to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENT's community, for the professional and technical soundness, accuracy, and adequacy of all design. drawings, speCifications, and other work and materiars furnIshed under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given. relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, thIS Authorization 0( the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT Or TNP, Inc. may iniUate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration ariSing out of, or relating to this Authorization *?hall include, by consolidatron, joinder, or in any other manner, any additional party not a party to this Authorization. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created. the losing party shall pay the prevailing party such reasonable amounts (or fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1%% per month will be charged on aU 􀁰􀁡􀁳􀁴􀁾􀁤􀁵􀁥􀀠amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP, Inc. 's liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services in addition to those speclfied in Scope will be provided by TNP, Inc. if authorized In writing by CLIENT. Additional services will be paid for by CLIENT as indicated in attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax !§. nQ! included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements, 14. SURVEYING SERVICES I n accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional land Surveying. 7701 N. Lamar, Suite 400, Austin, Texas 78752, (512) 452· 9427. 15. INVALIDITY CLAUSE In case anyone or more of the prOVisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 16. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety_ 17. DRAINAGE CLAUSE TNP, Inc, In the performance of its services may be required to assess the impact of the Project on neighboring property owners. The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arIsing, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall oot be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENG1NEER was negligent ·In the performance of its duties and obligations, and that ENGINEER's negligence was the direct cause of damage to a property downstream of the Project. ATTACHMENT 'A' PROJECT DESCRIPTION AND SCOPE OF SERVICES I. PROJECT DESCRIPTION A. Location -The project shall be limited to replacement of public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, both located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane. B. Purpose -The purpose of the project is to replace existing undersized 6"-diameter water lines within the properties, and to link the two dead-end distribution line systems with a connection line across property limits. II. ASSUMPTIONS A. The approximate amount of line to be included in the design is limited to 1,700 linear feet. and the alignment corridor for which replacement lines will be designed shall be in the same general location as existing lines. The TOWN has provided proposed lines sizes to be 8" in diameter. B. The Addison of Brookhaven lines to be replaced inClude those from the Brookhaven Club drive entry to the bridge over Fanners Branch Creek, and the line adjacent adjacent to the northernmost swimming pool and gravel playground/Volleyball facility. C. The connecting line between the two systems shall be located in the southwestern most corner of the Addison of Brookhaven property and southeastern most corner of the Greenhaven property. Existing lines will be extended through the parking/driving areas, and cross the property line within one of two gaps between and behind existing building structures. Both gaps will be surveyed for evaluation of alignment geornetric constraints. III. ITEMIZED SCOPE OF BASIC SERVICES Engineer will provide the following services for the development of the project: A. ENGINEER shall cornpile a base plan from field survey data reflecting known existing TOWN utility lines, and known existing franchise' utility lines for which ENGINEER is notified of their location in the field or layout map provided by the TOWN or utility companies. The ENGINEER does not take responsibility for the accuracy of the infonnation provided, or the exact location location of the existing facilities. B. ENGINEER shall prepare preliminary design plans and opinion of probable costs. The preliminary plans shall be at 1 "=20' horizontal scale and consist of: a title sheet, a project layout, general notes, construction sequencing, and TOWN standard construction details. It is assumed that the design wUI include replacement of up to 1,700 linear feet of 6" water line with 8" water lines. Only line segments that are to be bored rather than open cut shall be profiled, at 1"=2' vertical scale. C. Submit preliminary plans to the Client for review, and meet with the TOWN staff to discuss the preliminary design plans. and incorporate TOWN comments and directives in the preparation of final construction plans, specifications and bid documents. D. Prior to submission of final construction plans, the ENGINEER will perform a QA review ofthe plans and specifications incorporating previous Town comments. E. Submit final construction plans and draft contract documents/specifications for review. and make appropriate revisions based on TOWN comments to prepare for contractor bidding. Along with final construction plans, the ENGINEER will submit on separate letterhead. a letter describing specifically what internal steps have been taken to perform the QA review of this project. The ENGINEER understands that the final plans and specifications will not be accepted by the TOWN without this letter. F. Final bidding plans and specifications will be provided by the ENGINEER in . pdf format on CD to the TOWN Purchasing office for distribution to the contractors. The ENGINEER shall address contractor's technical questions about the project during bidding. assist. the TOWN in obtaining bids. evaluating the bids for award recommendation and will prepare the contracts for execution. The Engineer will attend one pre-bid and one pre-construction meeting as requested. G. The ENGINEER will prepare change orders. if necessary. and participate in final inspection of the various units of work with the TOWN. H. ENGINEER shall provide record drawings to the TOWN developed from construction notes and revisions compiled by the contractor and the TOWN's resident project representative. Record drawings shall be provided in electronic form. including .PDFs and CAD files, and mylars. IV. ITEMIZED SCOPE OF SPECIAL SERVICES The ENGINEER shall render the following professional services necessary for the development of the Project: A. ENGINEER shall perform field surveys for design. including comprehensive topography along the complete routing corridor within the design limits of the Basic Services. Survey corridor shall be considered building-to-building either side of the existing line routes. Existing features to be located include: closest building corners. carports, curbs. trees, fencelines, sidewalks. firelanes, viSibly marked eXisting utility features such as valves, meters, hydrants, manholes, cleanouts, franchise utilities, AlC units, power poles, etc. The survey will be prepared based on the NAD 83 Coordinate system. B. ENGINEER shall prepare up to two (2) Permanent and Temporary Easement Documents/Exhibits. V. EXTRA SERVICES The following Professional Services are specifically excluded from the scope of work under this contract Such items shall include, but are not limited to the following: A. Preparation of additional real property transfer documents, exhibits, or acquisition. B. Subcontract charges, photocopies, plan reproduction; C. Preparation of special exhibits for public meetings; D. Construction staking or daily inspection and observation of construction, and review of contractor pay requests. E. Design, routing, or evaluation of lines outside the limits described in Attachment 'A', and utility relocations other than specified waterlines. F. Evaluation/design of drainage improvements. G. Detail water modeling, line sizing, and pressure calculations, design of pump stations or storage tanks, or evaluation of needs for such. H. Geotechnical investigations, environmental impact statements, evaluation or permitting related to the TNRCC and Corps of Engineers. I. Preparation of a Storm Water Pollution Prevention Plan and TCEQ Notice of Intent. The Engineer is not considered an "Operator" of the site. Contractor shall be responsible for plan and SWPPP implementation, maintenance, or modifications. J. Irrigation relocation/repair plans ATTACHMENT 'B' PROJECT SCHEDULE The proposed services shall begin within 10 working days of signed authorization to proceed. TNP shall endeavor to accomplish the work in accordance with the schedule shown below. Changes in the scope of work shall result in corresponding revisions to the work schedule. All schedules exclude December 24-27 and December 31-Jan 2, and are subject to the amount of time neoessary for the Client to complete necessary reviews. A. Perform field surveys and data collection in 21 working days. B. Perform a QA review and submit preliminary construction plans for review within 50 calendar days from completion of survey, C, Perform a QA review and submit final construction plans and draft bid documents within 21 calendar days from review meeting with Client. ATTACHMENT C TEAGUE NALL AND PERKINS, INC, Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2004 to December 31,2004* Engineering I Technical Principal Project Manager IT Manager Senior Engineer Engineer Graduate Engineer Landscape Architect I Planner Designer Senior Designer CAD Draftsman CAD Technician Senior CAD Technician IT TechniCian Clerical Resident Project Representative Surveying Survey Office Manager R.P.LS. Senior Survey Technician Junior Survey Technician 2-Person Field Crew w/Equipment 3-Person Field Crew w/Equipment 4-Person Field Crew w/Equipment 2-Person G.P,S. Crew w/Equipment 3-Person G.P ,S, Crew w/Equipment 1-Person Robotic Crew wlEquipment 2-Person Robotic Crew w/Equipment 3-Person Robotic Crew w/Equipment Direct Cost Reimbursables Photocopies $0.10/page $0.20/page $2.00/page Plots $1.00/page $2.00/page $2.00/page $4.00/page $4.00/page Mileage $0.36/mile From $110 $90 $80 $90 $70 $65 $80 $75 $85 $30 $50 $65 $55 $40 $40 $115 $90 $65 $50 $90 $105 $130 $130 $150 $90 $110 $125 To $200 $140 $100 $130 $100 $90 $95 $95 $115 $55 $75 $85 $75 $65 $65 $120 $110 $80 $65 Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour letter and legal size bond paper, B&W 11' x 17" size bond paper, B&W 22" x 34" and larger bond paper or vellum, B&W 11" x 17" size bond paper, B&W 11" x 17" size bond paper, color 22"x34" and larger bond paper or vellum, B&W 22"x34" and larger bond paper or vellum, color 22"x34" and larger mylar or acetate, B&W All Subcontracted and outsourced services billed at rates comparable to TNP's billing rateshown above. * Rates shown are for calendar year 2004 and are subject to change in subsequent years. 1 , 1 1 1 1 1 1 1 1 3. EXTRA SERVICES: Engineering services provided by the ENGINEER not included in Attachment A, and approved in writing by the TOWN, shall be considered additional work and shall be reimbursed at standard TNP hourly rates as listed in Attachment 'C', or TNP rates for items provided in-house, or direct expenses time a multiplier of 1.10 for non-labor, subcontract or mileage items. ENGINEER shall not be entitled to compensation, payment or reimbursement of any kind for any Extra Services provided by ENGINEER without the prior written approval of the TOWN. SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A design schedule is included as Attachment 'B', and made a part hereto. Please execute and retum a signed copy for our files. Approved by CLIENT: Accepted by ENGINEER: Town of Addison Teague Nail and Perkins, Inc. -􀁾􀀠 ,By: _WI:;.e.£:J Ron hilehead ntle: Title: Principal City Manager ....Date: ,-I..., -e " Date: '. 􀁾􀀠 Responsive Service. Reliable Results. 􀀻􀀬􀀺􀁾􀀠TEAGUE NALL AND PERKINS IlIlNe ENGINEERS. SURVEYORS. CONSULTANTS AUTHORIZATION FOR PROFESSIONAL SERVICES ©(Q)[J2JV PROJECT NAME: Greenhaven Village and Addison of Brookhaven Apartments Waterline Improvements TNP PROJECT NUMBER: ADD 04305 CLIENT: Town of Addison Attn: Steve Chutchian, P.E. ADDRESS: P.O. Box 9010 Addison, Texas 75001·9010 The Town of Addison (CLIENT or TOWN) hereby requests and authorizes Teague Nail and Perkins, Inc., (ENGINEER) to perform the following services: SCOPE: Provide professional engineering services for construction plan preparation for public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes. located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane within the Town of Addison. Texas. A detailed project description and scope of services is included as Attachment 'A' and is made a part hereto. COMPENSATION: Services rendered for Basic Services as summarized above and itemized in Attachment 'A', shall be billed monthly based on the ENGINEER's estimate of the percentage of work completed, and paid promptly upon receipt of invoice. Agreement to this contract acknowledges available funding for the proposed services. The Town of Addison agrees to pay the ENGINEER the following fixed fees: 1. BASIC SERVICES: The CLIENT agrees to pay the ENGINEER for: Construction Plan Preparation and Construction Administration $24,000 fixed fee 2. . SPECIAL SERVICES: Compensation for Special Services not covered by the Basic Services provided for herein shall be as shown below. Special Services are itemized specifically in Attachment 'A'. The Town of Addison agrees to pay the ENGINEER the following: Design Survey and Preparation of Easements (2 Perm. Utility and 2 Temp. Construction) $11,000 fixed fee Delays by the CLIENT in excess of 12 months to the project completion, due to circumstances out of ENGINEER'S control, shall result in appropriate adjustments to compensation. 12160 North Abrams Road, Suite 508 • Dallas, Texas 75243 • 214.461.9867 phone. 214.461.9864 fax www.tnp-online.com 3. EXTRA SERVICES: Engineering services provided by the ENGINEER not included in Attachment A, and approved in writing by the TOWN, shall be considered additional work and shall be reimbursed at standard TNP hourly rates as listed in Attachment 'C', or TNP rates for items provided in-house, or direct expenses time a multiplier of 1.10 for non-labor, subcontract or mileage items. ENGINEER shall not be entitled to compensation, payment or reimbursement of any kind for any Extra Services provided by ENGINEER without the prior written approval of the TOWN. SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A design schedule is included as Attachment 'B', and made a part hereto. Please execute and return a signed copy for our files. Approved by CLIENT: Accepted by ENGINEER: Town of Addison Teague Nail and Perkins, Inc. By: Ron Whitehead By: 􀁾􀁾􀂣􀁲􀀴􀀺􀁲Mark J. R'OW'day. P.E. Title: Title: City Manager Date: Date: SUPPLEMENTAL PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for TNP, Inc. to proceed with Ihe work, unless otherWIse provided for in the authorization. LABOR COSTS TN?, Inc.'s labor Costs shall be the amount of salaries paid TN?, !nc;s employees for work performed on CLIENTS Project plus a stipulated percentage of such salar!es to cover all 􀁰􀁡􀁹􀁲􀁯􀁊􀁬􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤􀀠taxes, payments, premiums, and benefits. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs fncurred on or directly for the CLIENT's Project, including but not Ilmited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee '5, automobiles are used, meals and lodging. laboratory tests and analyses, computer services. word processing services, telephone. printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the the basis of usual commercial charges when furnished by TNP, Inc. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount .hall be added to the cost of these services for TNP. lnc.'s administrative costs, as provided herein. ENGINEER'S OPINION OF PROBAS LE COST Any cost opinions provided by TNP, Inc, will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures TNP, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost opinions. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing profeSSional engineers in the same type of work in CLIENT's commun1ty, for the professional and technIcal soundness, accuracy, and adequacy of all desfgn, drawings, specifications, and other work and materials furnished under this Authorization, TNP, Inc, makes no other warranty. expressed or implied, TERMINATION Either CLIENT or TNP, Inc. may tennninate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. ARBI1RA TION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance 􀁷􀁾􀁨􀀠the rul •• of the American Arbitration Association then obtaining. Either CLIENT or TNP. Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of. or relating to this Authorization shall Include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligatlons hereunder or arising out of any dispute concerning the terms and conditlons hereby created, the lOSing party shall pay the prevafling party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1)1,% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. tt. LIMITATION OF LIABILITY TN?, Inc. 's Ilability to the CllENT for any cause or combination of causes IS in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provide.d by TNP, inc. if authorized in writing by CLIENT. Additional services will be paid for by CLIENT as indicated in attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax 􀁾􀀠not included in the above proposed fee. Sales tax at an applicable rate win be indicated on invoice statements. 14. SURVEYING SERVICES I n accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT i. informed that any complaints about surveying services may be forwarded to the Texas Board of ProfesSional Land Surveying, 7701 N. Lamar, Suite 400, Austin, Te."s 78752, (512) 452· 9427. 15. INVALIDITY CLAUSE In case anyone or more of the provIsions contained in this Agreement Shall be held Illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 16. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. 17. DRAINAGE CLAUSE TNP, Inc. In the performance of its services may be required to assess the Impact of the Project on neighboring property owners. The parties to this Agreement recognize that the development of rear property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resu!ting from the deve!opment and construction of the Project. CLIENT shall not be required to relmbu",e ENGINEER for any claims or expenses arising out of the Project if it is determined by • court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER's negligence was the direct cause of damage to a property downstream of the Project. ATTACHMENT 'A' PROJECT DESCRIPTION AND SCOPE OF SERVICES I. PROJECT DESCRIPTION A. Location -The project shall be limited to replacement of public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, both located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane. B. Purpose -The purpose of the project is to replace existing undersized 6"-diameter water lines wllhin the properties, and to link the two dead-end distribution line systems with a connection line across property limits. II. ASSUMPTIONS A. The approximate amount of line to be included in the design is limited to 1,700 linear feet, and the alignment corridor for which replacement lines will be designed shall be in the same general location as existing lines. The TOWN has provided proposed lines sizes to be 8" in diameter. B. The Addison of Brookhaven lines to be replaced include those from the Brookhaven Club drive entry to the bridge over Farmers Branch Creek, and the line adjacent adjacent to the northernmost swimming pool and gravel playground/volleyball facility. C. The connecting line between the two systems shall be located in the southwestern most comer of the Addison of Brookhaven property and southeastem most corner of the Greenhaven property. Existing lines will be extended through the parking/driving areas, and cross the property line within one of two gaps between and behind existing building structures. Both gaps will be surveyed for evaluation of alignment geometric constraints. III. ITEMIZED SCOPE OF BASIC SERVICES Engineer will provide the following services for the development of the project: A. ENGINEER shall compile a base plan from field survey data reflecting known existing TOWN utility lines, and known existing franchiseutilily lines for which ENGINEER is notified of their location in the field or layout map provided by the TOWN or utility companies. The ENGINEER does not take responsibility for the accuracy of the information provided, or the exact location of the existing facilities. B. ENGINEER shall prepare preliminary design plans and opinion of probable costs. The preliminary plans shall be at 1"=20' horizontal scale and consist of: a title sheet, a project layout, general notes, construction sequencing, and TOWN standard construction details. It is assumed that the design will include replacement of up to 1,700 linear feet of 6" water line with 8" water lines. Only line segments that are to be bored rather than open cut shall be profiled, at 1"=2' vertical scale. C. Submit preliminary plans to the Client for review, and meet with the TOWN staff to discuss the preliminary design plans, and incorporate TOWN comments and directives in the preparation of final construction plans, specifications and bid documents. D. Prior to submission of final construction plans, the ENGINEER will perform a QA review of the plans and specifications incorporating previous Town comments. E. Submit final construction plans and draft contract documents/specifications for review, and make appropriate revisions based on TOWN comments to prepare for contractor bidding. Along with final construction plans, the ENGINEER will submit on separate letterhead, a letter describing specifically what internal steps have been taken to perform the QA review of this project. The ENGINEER understands that the final plans and specifications will not be accepted by the TOWN without this letter. F. Final bidding plans and specifications will be provided by the ENGINEER in .pdf format on CD to the TOWN Purchasing office for distribution to the contractors. The ENGINEER shall address contractor's technical questions about the project during bidding, assist the TOWN in obtaining bids, evaluating the bids for award recommendation and will prepare the contracts for execution. The Engineer will attend one pre-bid and one pre-construction meeting as requested. G. The ENGINEER will prepare change orders, if necessary, and participate in final inspection of the various units of work with the TOWN. H. ENGINEER shall provide record drawings to the TOWN developed from construction notes and revisions compiled by the contractor and the TOWN's resident project representative. Record drawings shall be provided in electronic form, including .PDFs and CAD files, and mylars. IV. ITEMIZED SCOPE OF SPECIAL SERVICES The ENGINEER shall render the following professional services necessary for the development of the Project: A. ENGINEER shall perform field surveys for design, including comprehensive topography along the complete routing corridor within the design limits of the Basic Services. Survey corridor shall be considered building-to-building either side of the eXisting line routes. Existing features to be located include: closest building corners, carports, curbs, trees, fencelines, sidewalks, firelanes, visibly marked existing utility features such as valves, meters, hydrants, manholes, cleanouts, franchise utilities, AlC units, ·power poles, etc. The survey will be prepared based on the NAD 83 Coordinate system. B. ENGINEER shall prepare up to two (2) Permanent and Temporary Easement Documents/Exhibits. V. EXTRA SERVICES The following Professional Services are specifically excluded from the scope of work under this contract. Such items shall include, but are not limited to the following: A. Preparation of additional real property transfer documents, exhibits, or acquisition. B. Subcontract charges, photocopies, plan reproduction; C. Preparation of special exhibits for public meetings; D. Construction staking or daily inspection and observation of construction, and review of contractor pay requests. E. Design, routing, or evaluation of lines outside the limits described in Attachment 'A', and utility relocations other than specified waterlines. F. Evaluation/design of drainage improvements. G. Detail water modeling, line sizing, and pressure calculations, design of pump stations or storage tanks, or evaluation of needs for such. H. Geotechnical investigations, environmental impact statements, evaluation or permitting related to the TNRCC and Corps of Engineers. I. Preparation of a Storm Water Pollution Prevention Plan and TCEQ Notice of Intent. The Engineer is not considered an ·Operator" of the site. Contractor shall be responsible for plan and SWPPP implementation, maintenance, or modifications. J. Irrigation relocation/repair plans ATTACHMENT '8' PROJECT SCHEDULE The proposed services shall begin within 10 working days of signed authorization to proceed. TNP shall endeavor to accomplish the work in accordance with the schedule shown below. Changes in the scope of work shall result in corresponding revisions to the work schedule. All schedules exclude December 24-27 and December 31-Jan 2, and are subject to the amount of time necessary for the Client to complete necessary reviews. A. Perform field surveys and data collection in 21 working days. B. Perform a QA review and submit preliminary construction plans for review within 50 calendar days from completion of survey. C. Perform a QA review and submit final construction plans and draft bid documents within 21 calendar days from review meeting with Client. ATTACHMENT C TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2004 to December 31, 2004* Engineering /Technical Principal Project Manager IT Manager Senior Engineer Engineer Graduate Engineer Landscape Architect I Planner Designer Senior Designer CAD Draftsman CAD Technician Senior CAD Technician IT Technician Clerical Resident Project Representative Surveying Survey Office Manager R.P.L.S. Senior Survey Technician Junior Survey Technician 2-Person Field Crew w/Equipment 3-Person Field Crew w/Equipment 4-Person Field Crew w/Equipment 2-Person G.P.S. Crew w/Equipment 3-Person G.P.S. Crew w/Equipment 1-Person Robotic Crew w/Equipment 2-Person Robotic Crew w/Equipment 3-Person Robotic Crew w/Equipment Direct Cost Reimbursables From To $110 $200 Per Hour $90 $140 Per Hour $80 $100 Per Hour $90 $130 Per Hour $70 $100 Per Hour $65 $90 Per Hour $80 $95 Per Hour $75 $95 Per Hour $85 $115 Per Hour $30 $55 Per Hour $50 $75 Per Hour $65 $85 Per Hour $55 $75 Per Hour $40 $65 Per Hour $40 $65 Per Hour $115 $120 $90 $110 $65 $80 $50 $65 $90 $105 $130 $130 $150 $90 $110 $125 Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22" x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $2.00/page 22"x34" and larger bond paper or vellum, B&W $4.00/page 22"x34" and larger bond paper or vellum, color $4.00/page 22"x34" and larger mylar or acetate, B&W Mileage $0.36/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rateshown above. * Rates shown are for calendar year 2004 and are subject to change in subsequent years. DATE SUBMITTED: December 29, 2004 FOR COUNCIL MEETING: January 11,2005 Council Agenda Item: SUMMARY: This item is for the approval ofan Engineering Services CQntract fQr the design .of the AddisQn .on BrQQkhaven Apartments and the Greenhaven Village Apartments Water System ImprQvements. FINANCIAL IMPACT: Budgeted AmQunt: $177,000 CQst: $35,000.00 (Engineering, Survey, Easement Prep Only) SQurce .of Funds: Funds are available from the FY 2004-05 Water and Sewer Fund, as indicated in the Five Year Capital Replacement Program. BACKGROUND: This prQject was established by the Public WQrks Department frQm a need tQ replace an existing undersized 6-inch diameter water line with an 8-inch diameter water line in the Addison .on BrQQkhaven Apartments and the Greenhaven Village Apartment cQmplexes. This prQject will alsQ link the twQ dead-end distribution line systems with a cQnnectiQn line across the prQperty limits. The connectiQn across the apartment cQmplexes will require the preparation .of temporary construction construction easements and permanent utility easements. This portiQn .ofthe TQwn's water system is in a deteriQrated condition primarily due tQ age. The attached prQPQsal fQr engineering services was negQtiated with the firm .ofTeague Nall and Perkins, Inc., in the total amQunt nQt tQ exceed $35,000.00, fQr the design .of the replacement .of the existing 6-inch water main system. Their fee is broken dQwn accQrding tQ task as fQIIQws: ConstructiQn Plan PreparatiQn, ConstructiQn AdministratiQn ..................... $24,000.00 Design Survey and PreparatiQn .of 2 Permanent and 2 tempQraryCQnstructiQn Easements .............................. $ll,OOO.OO TQtal Fee fQr Services ................................................................................. $35,000.00 RECOMMENDATION: It is recQmmended that Council authQrize the City Manager tQ enter intQ a contract with Teague Nail and Perkins, Inc., in the amQunt .of $35,000.00, fQr engineering services associated with the design .of the AddisQn .on BrQQkhaven Apartments and the Greenhaven Village Water System Improvements prQject. , Responsive 􀁓􀁥􀁬􀀧􀁶􀀻􀁣􀁥􀁾􀀠Reliable Results. #1:;:' TEAGUE NALL AND PERKINS 􀀱􀀱􀁉􀀯􀁾􀁣􀀠ENGINEERS. SURVEYORS • CONSULTANTS AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Greenhaven Village and Addison of Brookhaven Apartments Waterline Improvements TNP PROJECT NUMBER: ADD 04305 CLIENT: Town of Addison Attn: Steve Chutchian, P.E. ADDRESS: P.O. Box 9010 Addison, Texas 75001-9010 The Town of Addison (CLIENT or TOWN) hereby requests and authorizes Teague Nail and Perkins, Inc., (ENGINEER) to perform the following services: SCOPE: Provide professional engineering services for construction plan preparation for public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane within the Town of Addison, Texas. A detailed project description and scope of services is included as Attachment 'A' and is made a part hereto. COMPENSATION: Services rendered for Basic Services as summarized above and itemized in Attachment 'A', shall be billed monthly based on the ENGINEER's estimate of the percentage of work completed, and paid promptly upon receipt of invoice. Agreement to this contract acknowledges available funding for the proposed services. The Town of Addison agrees to pay the ENGINEER the following fixed fees: 1. BASIC SERVICES: The CLIENT agrees to pay the ENGINEER for: Construction Plan Preparation and Construction Administration $24,000 fixed fee 2. SPECIAL SERVICES: Compensation for Special Services not covered by the Basic Services provided for herein shall be as shown below. Special Services are itemized specifically in Attachment 'A'. The Town of Addison agrees to pay the ENGINEER the following: Design Survey and Preparation of Easements (2 Perm. Utility and 2 Temp. Construction) $11,000 fixed fee Delays by the CLIENT in excess of 12 months to the project completion, due to circumstances out of ENGINEER'S control, shall result in appropriate adjustments to compensation. 12160 North Abrams Road, Suite 508 • Dalias, Texas 75243 • 214A61.9867 phone' 214A61.9864fax www.tnp-online.com 3. EXTRA SERVICES: Engineering services provided by the ENGINEER not included in Attachment A, and approved in writing by the TOWN, shall be considered additional work and shall be reimbursed at standard TNP hourly rates as listed in Attachment 'C', or TNP rates for items provided in-house, or direct expenses time a multiplier of 1,10 for non-labor, subcontract or mileage items, ENGINEER shall not be entitled to compensation, payment or reimbursement of any kind for any Extra Services provided by ENGINEER without the prior written approval of the TOWN. SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed, A design schedule is included as Attachment 'B', and made a part hereto, Please execute and retum a signed copy for our files. Approved by CLIENT: Accepted by ENGINEER: Town of Addison Teague Nail and Perkins, Inc. By: Ron Whitehead By: 􀁾􀁊􀁫􀀨􀁩􀀯􀀦􀁴􀁊􀁾Mark J. ROl1(day, 􀁐􀀮􀁅􀁾􀀠Title: Title: Principal City Manager Date: Date: 12..-b-o'1 SUPPLEMENTAL PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for TN?, Inc. to proceed with the work, unless otherwise provided for in the authorization. LABOR COSTS TNPI Inc.'s Labor Costs shall be the amount of salaries paid TN?, Inc.'s employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll-related taxes, payments, premiums, and benefits. DIRECT EXPENSES TNP, Inc. 's Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee's, automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual usual commercial charges when fUrnished by TNP, Inc. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for TNP, Inc.'s administrative costs, as provided herein. ENGINEER'S OPINION OF PROBABLE COST Any cost opinions provided by TNP, Inc. will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures TNP, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost opinions. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENT's community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. implied. TERMINATION Either CLIENT or TNP, Inc. may tenninate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or TNP, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization shall include, by consolidation, jOinder, or in any other manner, any additional party not a party to this Authorization. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TN?, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created I the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1%% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by TNP, Inc. if authorized in writing by CLIENT. Additional services will be paid for by CLIENT as indicated in attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax i.§ not included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES I n accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 N. Lamar, Suite 400, Austin, Texas 78752, (512) 4529427. 15. INVALIDITY CLAUSE In case anyone or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 16. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. 17. DRAINAGE CLAUSE TNP, Inc. In the performance of its services may be required to assess the impact of the Project on neighboring property owners. The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER's negligence was the direct cause of damage to a property downstream of the Project. ATTACHMENT 'A' PROJECT DESCRIPTION AND SCOPE OF SERVICES I. PROJECT DESCRIPTION A. Location -The project shall be limited to replacement of public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, both located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane. B. Purpose -The purpose of the project is to replace eXisting undersized 6"-diameter water lines within the properties, and to link the two dead-end distribution line systems with a connection line across property limits. II. ASSUMPTIONS A. The approximate amount of line to be induded in the design is limited to 1,700 linear feet, and the alignment corridor for which replacement lines will be designed shall be in the same general location as existing lines. The TOWN has provided proposed lines sizes to be 8" in diameter. B. The Addison of Brookhaven lines to be replaced include those from the Brookhaven Club drive entry to the bridge over Farmers Branch Creek, and the line adjacent to the northernmost swimming pool and gravel playground/volleyball facility. C. The connecting line between the two systems shall be located in the southwestem most corner of the Addison of Brookhaven property and southeastem most comer of the Greenhaven property. Existing lines will be extended through the parking/driving areas. and cross the property line within one of two gaps between and behind existing building structures. Both gaps will be surveyed for evaluation of alignment geometric constraints. III. ITEMIZED SCOPE OF BASIC SERVICES Engineer will provide the following services for the development of the project: A. ENGINEER shall compile a base plan from field survey data reflecting known existing TOWN utility lines. and known existing franchise' utility lines for which ENGINEER is notified of their location in the field or layout map provided by the TOWN or utility companies. The ENGINEER does not take responsibility for the accuracy of the information provided. or the exact location of the existing facilities. B. ENGINEER shall prepare preliminary design plans and opinion of probable costs. The preliminary plans shall be at 1"=20' horizontal scale and consist of: a title sheet. a project layout, general notes, construction sequencing, and TOWN standard construction details. It is assumed that the design will include replacement of up to 1,700 linear feet of 6" water line with 8" water lines. Only line segments that are to be bored rather than open cut shall be profiled. at 1"=2' vertical scale. C. Submit preliminary plans to the Client for review. and meet with the TOWN staff to discuss the preliminary design plans, and incorporate TOWN comments and directives in the preparation of final construction plans. specifications and bid documents. D. Prior to submission of final construction plans, the ENGINEER will perform a QA review of the plans and specifications incorporating previous Town comments. E. Submit final construction plans and draft contract documents/specifications for review, and make appropriate revisions based on TOWN comments to prepare for contractor bidding. Along with final construction plans, the ENGINEER will submit on separate letterhead, a letter describing specifically what internal steps have been taken to perform the QA review of this project. The ENGINEER understands that the final plans and specifications will not be accepted by the TOWN without this letter. F. Final bidding plans and specifications will be provided by the ENGINEER in .pdf format on CD to the TOWN Purchasing office for distribution to the contractors. The ENGINEER shall address contractor's technical questions about the project during bidding, assist the TOWN in obtaining bids, evaluating the bids for award recommendation and will prepare the contracts for execution. The Engineer will attend one pre-bid and one pre-construction meeting as requested. G. The ENGINEER will prepare change orders, if necessary, and participate in final inspection of the various units of work with the TOWN. H. ENGINEER shall provide record drawings to the TOWN developed from construction notes and revisions compiled by the contractor and the TOWN's resident project representative. Record drawings shall be provided in electronic form, including .PDFs and CAD files, and mylars. IV. ITEMIZED SCOPE OF SPECIAL SERVICES The ENGINEER shall render the following professional services necessary for the development of the Project: A. ENGINEER shall perform field surveys for design, including comprehensive topography along the complete routing corridor within the design limits of the Basic Services. Survey corridor shall be considered building-to-building either side of the existing line routes. EXisting features to be located include: closest building corners, carports, curbs, trees, fencelines, sidewalks, firelanes, visibly marked existing utility features such as valves, meters, hydrants, manholes, cleanouts, franchise utilities, AlC units, power poles, etc. The survey will be prepared based on the NAD 83 Coordinate system. B. ENGINEER shall prepare up to two (2) Permanent and Temporary Easement Documents/Exhibits. V. EXTRA SERVICES The following Professional Services are specifically excluded from the scope of work under this contract. Such items shall include, but are not limited to the following: A. Preparation of additional real property transfer documents, exhibits, or acquisition. B. Subcontract charges, photocopies, plan reproduction; C. Preparation of special exhibits for public meetings; D. Construction staking or daily inspection and observation of construction, and review of contractor pay requests. E. Design, routing, or evaluation of lines outside the limits described in Attachment 'A', and utility relocations other than specified waterlines. F. Evaluation/design of drainage improvements. G. Detail water modeling, line sizing, and pressure calculations, design of pump stations or storage tanks, or evaluation of needs for such. H. Geotechnical investigations, environmental impact statements, evaluation or permitting related to the TNRCC and Corps of Engineers. I. Preparation of a Storm Water Pollution Prevention Plan and TCEQ Notice of Intent. The Engineer is not considered an "Operator" of the site. Contractor shall be responsible for plan and SWPPP implementation, maintenance, or modifications. J. Irrigation relocationlrepair plans ATTACHMENT'S' PROJECT SCHEDULE The proposed services shall begin within 10 working days of signed authorization to proceed. TNP shall endeavor to accomplish the work in accordance with the schedule shown below. Changes in the scope of work shall result in corresponding revisions to the work schedule. All schedules exclude December 24-27 and December 31-Jan 2, and are subject to the amount of time necessary for the Client to complete necessary reviews. A. Perform field surveys and data collection in 21 working days. B. Perfonm a QA review and submit preliminary construction plans for review within 50 calendar days from completion of survey. C. Perform a QA review and submit final construction plans and draft bid documents within 21 calendar days from review meeting with Client. ATTACHMENT C TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2004 to December 31, 2004* Engineering I Technical Principal Project Manager IT Manager Senior Engineer Engineer Graduate Engineer Landscape Architect I Planner Designer Senior Designer CAD Draftsman CAD Technician Senior CAD Technician IT Technician Clerical Resident Project Representative Surveying Survey Office Manager R.P.L.S. Senior Survey Technician Junior Survey Technician 2-Person Field Crew w/Equipment 3-Person Field Crew w/Equipment 4-Person Field Crew w/Equipment 2-Person G.P.S. Crew w/Equipment 3-Person G.P.S. Crew w/Equipment 1-Person Robotic Crew w/Equipment 2-Person Robotic Crew w/Equipment 3-Person Robotic Crew w/Equipment Direct Cost Reimbursables From To $110 $200 Per Hour $90 $140 Per Hour $80 $100 Per Hour $90 $130 Per Hour $70 $100 Per Hour $65 $90 Per Hour $80 $95 Per Hour $75 $95 Per Hour $85 $115 Per Hour $30 $55 Per Hour $50 $75 Per Hour $65 $85 Per Hour $55 $75 Per Hour $40 $65 Per Hour $40 $65 Per Hour $115 $120 $90 $110 $65 $80 $50 $65 $90 $105 $130 $130 $150 $90 $110 $125 Photocopies $0. 1 O/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22" x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $2.00/page 22"x34" and larger bond paper or vellum, B&W $4.00/page 22"x34" and larger bond paper or vellum, color $4.00/page 22"x34" and larger mylar or acetate, B&W Mileage $0.36/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rateshown above . • Rates shown are for calendar year 2004 and are subject to change in subsequent years. 􀁾􀁾TEAGUE NAUAND PERKINS UIU:..c ENGINEERS. SURVEYORS. CONSULTANTS 12160 North Abrams Road, Suite 508 n 􀁾􀁴􀀺􀀻􀁲􀁉􀀻􀀿􀁾􀁦􀁄􀀩􀀠@R 􀁃􀁪􀀷􀁦􀁄􀀩􀁲􀀻􀀻􀀬􀁦􀀧􀁊􀁬􀁾􀁬􀁍􀁬􀁮􀁴􀀺􀀻􀁲􀁉􀀻􀀿􀁲􀀻􀀻􀀬􀁮􀀠D allas, Texas 75243 i.!:-Jl5 U U IN, lJ' IJ 􀁾􀁃􀀧􀁖􀁉􀁋􀁊􀀡􀀮􀁉􀁕􀀠U IJwi.!:-J Phone (214) 461·9867 Fax (214) 461·9864 TO: Jenny Nicewander, P.E. Town of Addison P.O. Box 9010 Addison, Texas 75001·9010 DATE 12/06/04 I JOB NO. ADD 04305 RE: Greenhaven Village and Addison of Brookhaven Apartments Waterline Improvements WE ARE SENDING YOU !ill Attached o Under separate cover via the following items: o Shop drawings o Prints o Plans o Samples o SpecificaUons o Copy of letter o Change Order !ill Documents COPIES DATE NO. DESCRIPTION 2 12/06/04 Authorization for Professional Services , , THESE ARE TRANSMITTED as checked below: !ill For approval o Approved as submitted o Resubmit __ copies for approval o For yeur use o Approved as noted o Submit __ copies for distribution o As requested o Retumed for corrections o Return __ corrected prints o For review and comment o o FOR BIDS DUE o PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: TNP file .. SIGNED: Mark Holliday Ifenclosures are not as noted, kindly notify us at once. ATTACHMENT '8' PROJECT SCHEDULE The proposed services shall begin within 10 working days of signed authorization to proceed. TNP shall endeavor to accomplish the work in accordance with the schedule shown below. Changes in the scope of work shall result in corresponding revisions to the work schedule. All schedules exclude December 24-27 and December 31-Jan 2, and are subject to the amount of time necessary for the Client to complete necessary reviews. A. Perform field surveys and data collection in 21 working days. B. Submit preliminary construction plans for review within 50 calendar days from completion of survey. C. Submit final construction plans and draft bid documents within 21 calendar days from review meeting with Client. ATTACHMENT 'A' PROJECT DESCRIPTION AND SCOPE OF SERVICES I. PROJECT DESCRIPTION A. Location -The project shall be limited to replacement of public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, both located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane. B. Purpose -The purpose of the project is to replace existing undersized 6"-diameter water lines within the properties, and to link the two dead-end distribution line systems with a connection line across property limits. II. ASSUMPTIONS A. The approximate amount of line to be included in the design is limited to 1,700 linear feet, and the alignment corridor for which replacement lines will be designed shall be in the same general location as existing lines. The TOWN has provided proposed lines sizes to be 8" in diameter. B. The Addison of Brookhaven lines to be replaced include those from the Brookhaven Club drive entry to the bridge over Farmers Branch Creek, and the line adjacent adjacent to the northernmost swimming pool and gravel playground/volleyball facility. C. The connecting line between the two systems shall be located in the southwestern most comer of the Addison of Brookhaven property and southeastern most corner of the Greenhaven property. Existing lines will be extended through the parking/driving areas, and cross the property line within one of two gaps between and behind existing building structures. Both gaps will be surveyed for evaluation of alignment geometric constraints. III. ITEMIZED SCOPE OF BASIC SERVICES Engineer will provide the following services for the development of the project A. ENGINEER shall compile a base plan from field survey data reflecting known existing TOWN utility lines, and known existing franchise utility lines for which ENGINEER is notified of their location in the field or layout map provided by the TOWN or utility companies. The ENGINEER does not take responsibility for the accuracy of the information provided, or the exact location of the existing facilities. B. ENGINEER shall prepare preliminary design plans and opinion of probable costs. The preliminary plans shall be at 1 "=20' horizontal scale and consist of: a title sheet. a project layout, general notes. construction sequencing, and TOWN standard construction details. It is assumed that the design will include replacement of up to 1.700 linear feet of 6" water line with 8" water lines. Only line segments that are to be bored rather than open cut shall be profiled. at 1 "=2' vertical scale. C. Submit preliminary plans to the Client for review. and meet with the TOWN staff to discuss the preliminary design plans, and incorporate TOWN comments and directives in the preparation of final construction plans. specifications and bid documents. D. Submit final construction plans and draft contract documents/specifications for review, and make appropriate revisions based on TOWN comments to prepare for contractor bidding. E. Final bidding plans and specifications will be provided by the ENGINEER in .pdf format on CD to the TOWN Purchasing office for distribution to the contractors. The ENGINEER shall address contractor's technical questions about the project during bidding, assist the TOWN in obtaining bids, evaluating the bids for award recommendation and will prepare the contracts for execution. The Engineer will attend one pre-bid and one pre-construction meeting as requested. F. The ENGINEER will prepare change orders, if necessary, and participate in final inspection of the various units of work with the TOWN. G. ENGINEER shall provide record drawings to the TOWN developed from construction notes and revisions compiled by the contractor and the TOWN's resident project representative. Record drawings shall be provided in electronic form and mylars. IV. ITEMIZED SCOPE OF SPECIAL SERVICES The ENGINEER shall render the following professional services necessary for the development of the Project: A. ENGINEER shall perform field surveys for design, including comprehensive topography along the complete routing corridor within the design limits of the Basic Services. Survey corridor shall be considered building-to-building either side of the existing line routes. Existing features to be located include: closest building comers, carports, curbs, trees, fencelines, sidewalks, firelanes, visibly marked existing utility features such as valves, meters, hydrants, manholes, cleanouts, franchise utilities, AlC units, power poles, etc. 􀁓􀁵􀁑􀀮􀁾􀀠WILA.. 􀁾􀁥􀀠􀁾􀁰􀀨􀁜􀁲􀀮􀁴􀁥􀁩􀁏􀀠􀁾a-.' e.1N:> 'S"S. B. ENGINEER shall prepare 􀁵􀁾􀁾􀁯􀁾􀁔􀁾􀁮􀁥􀁮􀁴􀀠and Temporary Easement Documents/Exhibits. V. EXTRA SERVICES The following Professional Services are specifically excluded from the scope of work under this contract. Such items shall include, but are not limited to to the following: A. Preparation of additional real property transfer documents, exhibits, or acquisition. B. Subcontract charges, photocopies, plan reproduction; C. Preparation of special exhibits for public meetings; D. Construction staking or daily inspection and observation of construction, and review of contractor pay requests. E. Design, routing, or evaluation of lines outside the limits described in Attachment 'A', and utility relocations other than specified waterlines. F. Evaluation/design of drainage improvements. G. Detail water modeling, line sizing, and pressure calculations, design of pump stations or storage tanks, or evaluation of needs for such. H. Geotechnical investigations, environmental impact statements, evaluation or permitting related to the TNRCC and Corps of Engineers. I. Preparation of a Storm Water Pollution Prevention Plan and TCEQ Notice of Intent. The Engineer is not considered an 'Operator" of the site. Contractor shall be responsible for plan and SWPPP implementation, maintenance, or modifications. J. Irrigation relocation/repair plans ATTACHMENT C TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2004 to December 31, 2004* Engineering I Technical Principal Project Manager IT Manager Senior Engineer Engineer Graduate Engineer Landscape Architect I Planner Designer Senior Designer CAD Draftsman CAD Technician Senior CAD Technician IT Technician Clerical Resident Project Representative Surveying Survey Office Manager R.P.L.S. Senior Survey Technician Junior Survey Technician 2-Person Field Crew w/Equipment 3-Person Field Crew w/Equipment 4-Person Field Crew w/Equipment 2-Person G.P.S. Crew w/Equipment 3-Person G.P.S. Crew w/Equipment 1-Person Robotic Crew w/Equipment 2-Person Robotic Crew w/Equipment 3-Person Robotic Crew w/Equipment Direct Cost Reimbursables From To $110 $200 Per Hour $90 $140 Per Hour .$80 $100 Per Hour $90 $130 Per Hour $70 $100 Per Hour $65 $90 Per Hour $80 $95 Per Hour $75 $95 Per Hour $85 $115 Per Hour $30 $55 Per Hour $50 $75 Per Hour $65 $85 Per Hour $55 $$75 Per Hour $40 $65 Per Hour $40 $65 Per Hour $115 $120 $90 $110 $65 $80 $50 $65 $90 $105 $130 $130 $150 $90 $110 $125 Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22" x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $2.00/page 22"x34" and larger bond paper or vellum, B&W $4.00/page 22"x34" and larger bond paper or vellum, color $4.00/page 22"x34" and larger mylar or acetate, B&W Mileage $0.36/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rateshown above. * Rates shown are for calendar year 2004 and are subject to change in subsequent years. From: Jenny Nicewander Sent: Monday, November 29, 2004 4:37 PM To: Jim Pierce; Steve Chutchian Subject: FW: Greenhaven Water Improvements I was thinking we could add the following language to the contract wrt the QA review we were talking about... the stuff in red is what I would add to the scope as part of the the contract. D. Prior to submission of final construction plans the consultant will perform a QA review of the plans and specifications incorporating previous Town comments. E. Submit final construction plans and draft contract documents/specifications for review, and make appropriate revisions based on TOWN comments to prepare for contractor bidding. Along with final construction plans the consultant will submit on separate letterhead, a letter . .. QA review of-.was 􀁤􀁧􀁾􀀠er;t this project. The consultant understands Final plans and spec' ations will not be accepted by the Town with out this letter. ---Original Message---From: Mark Holliday [mailto:mholliday-®!np-online.com] Sent: Monday, November 29, 2004 3:46 PM To: Jenny Nicewander Subject: Greenhaven Water Improvements Good afternoon Jenny. I hope you had a good Thanksgiving. Attached is the contract proposal for the apartment waterline improvements. Ifeverything looks ok, I will send signed originals for execution. Let me know if you have questions. Made J. Holliday, P.E. Teague Nail and Perkins, Inc. Ph 214-461-9867 Fax 214-461-9864 ----Original Message---From: Jenny Nicewander [mailto:inicewander@ci.addison.tx.us ] Sent: Tnesday, November 09, 2004 1:27 PM To: Mark Holliday Subject: PDF's 2 of2 The Information contained in this message is intended to be legally privileged and confidential for the use of the named recipient. If the reader is not the named recipient, you are hereby notified that any dissemination or copying ofthis message is strictly prohibited. If you are not the narned recipient, please immediately notilY the sender and destroy the message and all copies. 1lI30/2004 :I:::JI TEAGUE NALL AND PERKINS IlIlNe ENGINEERS. SURVEYORS • CONSULTANTS AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Greenhaven Village and Addison of Brookhaven Apartments Waterline Improvements TNP PROJECT NUMBER: ADD 04305 CLIENT: Town of Addison Attn: Steve Chutchian, P.E. ",􀀮􀁾􀀮􀀠ADDRESS: P.O. Box 9010 Addison, Texas 75001·9010 The Town of Addison (CLIENT or TOWN) hereby requests and authorizes Teague Nail and Perkins, Inc., (ENGINEER) to perform the following services: SCOPE: Provide professional engineering services for construction plan preparation for public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, located adjacent to Brookhaven Club Drive between Spring Valley and Marsl) Lane within the Town of Addison, Texas. A detailed project description and scope of services is included as Attachment 'A' and is made a part hereto. COMPENSATION: Services rendered for Basic Services as summarized above and itemized in Attachment 'A', shall be be billed monthly based on the ENGINEER's estimate of the percentage of work completed, and paid promptly upon receipt of inVOice. Agreement to this contract acknowledges available funding for the proposed services. The Town of Addison agrees to pay the ENGINEER the following fixed fees: 1. BASIC SERVICES: The CLIENT agrees to pay the ENGINEER for: Construction Plan Preparation and Construction Administration $25,500 fixed fee "C5.ro 2. SPECIAL SERVICES: Compensation for Special Services not covered by the Basic Services provided for herein shall be as shown below. Special Services are itemized specifically in Attachment 'A'. The Town of Addison agrees to pay the ENGINEER the following: Design Survey and Preparation of Easements (2 Pemn. Utility and 2 Temp. Construction) $12,500 fixed fee \0, lqo:.::> Delays by the CLIENT in excess of 12 months to the project completion, due to circumstances out of ENGINEER'S control, shall result in appropriate adjustments to compensation. 3. EXTRA SERVICES: Engineering services provided by the ENGINEER not included in Attachment A, and approved in writing by the TOWN, shall be considered additional work and shall be reimbursed at standard TNP hourly rates as listed in Attachment 'C', or TNP rates for items provided in-house, or direct expenses time a multiplier of 1.10 for non-labor, subcontract or mileage items. ENGINEER shall not be entitled to compensation, payment or reimbursement of any kind for any Extra Services provided by ENGINEER without the prior written approval of the TOWN. SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A design schedule is included as Attachment 'B', and made a part hereto. Please execute and return a signed copy for our files. Approved by CLIENT: Accepted by ENGINEER: Town of Addison Teague Nail and Perkins, Inc. By: Ron Whitehead By: Mark J. Holliday, P.E. Title: City Manager Title: Principal Date: Date: SUPPLEMENTAL PROVISIONS • 1. 2. 3. 4. 5. 6. 7. 8. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for TN?, Inc. to proceed with the work, unless otherwise provided for in the authorization. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc's employees for work perfollTlOd on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll-relaled taxes, peyments, premiums, and benefits. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENTs Project, Including but not Ilmaed to necessary lransportation costs Including mileage at TNP, Inc.'s current rate when its, or its employee's, automobiles are used, meals and lodging, laboratory tests and analyses, computer services. word processing services, telephone, printing and binding charges, Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usuar usuar commercial charges when furnished by TNP, Inc. OUTSIDE SERVICES When technicaf or professional services are furnished by an outslda source, when approved by CLIENT, an addttional amount shall be added 10 the cost of these se!Vices for TNP. Inc"'s administrative costs, as provided herein. ENGINEER'S OPINION OF PROBABLE COST Aoy cost opinions provided by TNP, Inc. will be on a basis of experience and judgment, but since it has no control over market condmons or bidding procedures TNP. Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost opinions. PROFESSIONAL STANDARDS TNP, Inc. shail be responsible, to the level of competency presently maintained by other practicing prolessional engineers in the same type of work In CLIENTs community, for the prcfesslonal and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other walk and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and perfonned prior to effective date of termination. If no notice of termination is given. relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. ARBtTRA TION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or TNP, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of. or relating to this Authorization shall Include, by 􀁣􀁯􀁮􀁳􀁯􀁬􀁩􀁤􀁡􀁴􀁩􀁯􀁮􀁾􀀠joinder, or in any other manner, any additional perty not not a party to this Authorization. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the lOSing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly Invoices will be Issued by TNP, Inc. for all work perfonned under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 111,% per month wlll be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP. Inc.'s liability to the CLIENT for any cause or combination of causes is tn the aggregate, llmited to an amount no greater than the fee earned under this agreement 12. ADDITIONAL SERVICES Services in addition to those specified in Scope will be be provided by TNP, Inc. If authorized In writing by CLIENT. Additional services will be paid for by CLIENT as Indicated In attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Safes Tax Codes, certain surveying services are taxable. Applicabfe sales tax 􀁾nm induded in the above proposed fee, Safes tax at an applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES I n accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 N. Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. 15. INVALIDITY CLAUSE In case anyone or more of the provisions contained in this Agreement shall be held Illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 16. PROJECT SITE SAFETY TNP. Inc. has no duty or responsibility for project site safety. 17. DRAINAGE CLAUSE TNP, Inc. In the perfonnance of its services may be required to assess the Impact of the Project on neighboring property owners, The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees 10 indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resuiting from the development and consfruclion of the Project. CLIENT .hall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER's negligence was the direct cause of damage to a property downstream of the Project. #I':::::t TEAGUE NALL AND PERKINS IIIINC. ENGINEERS. SURVEYORS • CONSULTANTS AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Greenhaven Village and Addison of Brookhaven Apartments Waterline Improvements TNP PROJECT NUMBER: ADD 04305 CLIENT: Town of Addison Attn: Steve Chutchian, P.E. ADDRESS: P.O. Box 9010 Addison, Texas 75001-9010 The Town of Addison (CLIENT or TOWN) hereby requests and authorizes Teague Nail and Perkins, Inc., (ENGINEER) to perform the following services: SCOPE: Provide professional engineering services for construction plan preparation for public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane within the Town of Addison, Texas. A detailed project description and scope of services is included as Attachment 'A' and is made a part hereto. COMPENSATION: Services rendered for Basic Services as summarized above and itemized in Attachment 'A', shall be billed monthly based on the ENGINEER's estimate of the percentage of work completed, and paid promptly upon receipt of invoice. Agreement to this contract acknowledges available funding for the proposed services. The Town of Addison agrees to pay the ENGINEER the following fixed fees: 1. BASIC SERVICES: The CLIENT agrees to pay the ENGINEER for: Construction Plan Preparation and Construction Administration $25,500 fixed fee 2. SPECIAL SERVICES: Compensation for Special Services not covered by the Basic Services provided for herein shall be as shown below. Special Services are itemized specifically in Attachment 'A'. The Town of Addison agrees to pay the ENGINEER the following: Design Survey and Preparation of Easements (2 Perm. Utility and 2 Temp. Construction) $12,500 fixed fee Delays by the CLIENT in excess of 12 months to the project completion, due to circumstances out of ENGINEER'S control, shall result in appropriate adjustments to compensation. 3. EXTRA SERVICES: Engineering services provided by the ENGINEER not included in Attachment A, and approved in writing by the TOWN, shall be considered additional work and shall be reimbursed at standard TNP hourly rates as listed in Attachment 'C', or TNP rates for items provided in-house, or direct expenses time a multiplier of 1.10 for non-labor, subcontract or mileage items. ENGINEER shall not be entitled to compensation, payment or reimbursement of any kind for any Extra Services provided by ENGINEER without the prior written approval of the TOWN. SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A design schedule is included as Attachment 'B', and made a part hereto. Please execute and return a signed copy for our files. Approved by CLIENT: Accepted by ENGINEER: Town of Addison Teague Nail and Perkins, Inc. By: Ron Whitehead By: Mark J. Holliday, P.E. Title: City Manager Title: Principal . Date: Date: SUPPLEMENTAL PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the wor!<, unless otherwise provided for in the authorization. LABOR COSTS TNP, Inc:s Labor Costs shall be the amount of salaries paid TNP, Inc.'$ employees for work performed on CLIENTS Project plus a stipulated percentage of such safaries to cover all 􀁰􀁡􀁹􀁲􀁯􀁬􀁬􀁾􀁲􀁥􀁴􀁡􀁴􀁥􀁤􀀠taxes. payments, premiums, and benefits. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the ClIENl's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee's, automobiles are used, meals and lodging, laboratory tests and anaJyses, computer services, word proCE:ssing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of aclual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc. OUTSIDE SERVICES When technical or professional services are furnished by an outside source. when approved by CLIENT. an additional amount shall be added to the cost of these services for TNP, Inc:s administrative costs, as provided herein. ENGINEER'S OPINION OF PROBABLE COST Any cost opinions provided byTNP, Inc. will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures TN?, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost opinions. PROFESSIONAL STANDARDS TNP, Inc. shall be responSible, to Ihe level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENT's community, for the professional and technical soundness, accuracy, and adequacy of all design. drawings, specifications. and other work and materials furnished under this Authorizatfon. TNP, Inc. makes no other warranty, expressed or implied. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all wor!< previously authorized and performed prior to effective date of terminatfon. If no notice oftennination is given, relationships and obligations created by this Authorization shall be teomlnated upon completion of ail applicable requirements of this Authorization. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to. this Authorization or the breach thereof may be decided by arbitration In accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or TNP, Inc, may inftiate a request for such arbitration, but consent of the olher party to such procedure shall be mandatory. No arbitration arising out of, or relating 10 this Authorization shall Include. by consolidation, joinder, or in any other manner. any addilional party not a party to this Authorization. 9. lEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dIspute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees. costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monlhly invoices will be issued by TNP, Inc, for all wor!< performed under the terms of this agreement Invoices are due and payable on receipt. Interest at the rate of 1%% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount peonitted by law. 11. LIMITATION OF LIABILITY TNP, Inc.'s liabilil:y to the CLIENT for any cau.. or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement 12. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by TNP, Inc. If authorized in wrlling by CLIENT. Addftion.1 services will be paid for by CLIENT as indicated in attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax §. um included in the above proposed fee. Sales tax at an applicable rate win be indicated on invoice statements. 14. SURVEYING SERVICES I n accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT Is infooned that any complaints aqout surveying services may be forwarded to the Texas Board of Profe.sional Land Surveying, 7701 N. Lamar, Suile 400, Austin, Texas 78752, (512) 452·9427. 15. INVALIDITY CLAUSE In case anyone or more of the prOVisions contained in this Agreement shall be held illegal, the enforceabilily of Ihe remaining prOVfstOnS contained herein shall not be Impaired thereby. 16. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibilil:y for project sile safely. 17. DRAINAGE CLAUSE TNP, Inc. In the performance of its services may be required to assess the impact of the Project on neighbOring property owners. The parties to this Agreement recognize that the development of real proparty has the potenllal to increase water runoff on downstream propertfes, and that such increase in runoff increases the possibility of water damage to downslream properties. The CLIENT agree. to indemnify and hold the ENGtNEER haonless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is detennined by a court of competent jurisdiction that ENGINEER was negligent in the perfoonance of its duties and obligations, and that ENGINEER's negligence was the direct cause of damage to a property downstream of the Project. ATTACHMENT 'A' PROJECT DESCRIPTION AND SCOPE OF SERVICES I. PROJECT DESCRIPTION A. Location -The project shall be limited to replacement of public water lines partially within the Greenhaven Village and Addison of Brookhaven apartment complexes, both located adjacent to Brookhaven Club Drive between Spring Valley and Marsh Lane. B. Purpose -The purpose of the project is to replace existing undersized 6"-diameter water lines within the properties, and to link the two dead-end distribution line systems with a connection line across property limits. II. ASSUMPTIONS A. The approximate amount of line to be included in the design is limited to 1,700 linear feet, and the alignment corridor for which replacement lines will be designed shall be in the same general location as existing lines. The TOWN has provided proposed lines sizes to be 8" in diameter. B. The Addison of Brookhaven lines to be replaced include those from the Brookhaven Club drive entry to the bridge over Farmers Branch Creek, and the line adjacent adjacent to the northernrnost swimming pool and gravel playground/volleyball facility. C. The connecting line between the two systems shall be located in the southwestern most corner of the Addison of Brookhaven property and southeastern most corner of the Greenhaven property. Existing lines will be extended through the parking/driving areas, and cross the property line within one of two gaps between and behind existing building structures. Both gaps will be surveyed for evaluation of alignment geometric constraints. III. ITEMIZED SCOPE OF BASIC SERVICES Engineer will provide the following services for the development of the project: A. ENGINEER shall compile a base plan from field survey data reflecting known existing TOWN utility lines, and known existing franchise utility lines for which ENGINEER is notified of their location in the field or layout map provided by the TOWN or utility companies. The ENGINEER does not take responsibility for the accuracy of the information provided, or the exact location of the existing facilities. B. ENGINEER shall prepare preliminary design plans and opinion of probable costs. The preliminary plans shall be at 1"=20' horizontal scale and consist of: a title sheet. a project layout. general notes, construction sequencing, and TOWN standard construction details. It is assumed that the design will include replacement of up to 1.700 linear feet of 6" water line with 8" water lines. Only line segments that are to be bored rather than open cut shall be profiled, at 1 "=2' vertical scale. C. Submit preliminary plans to the Client for review, and meet with the TOWN staff to discuss the preliminary design plans, and incorporate TOWN comments and directives in the preparation of final construction plans, specifications and bid documents. '"3D\ "'0, qo I QA. I 't,>IC 􀁾􀁾􀀠 􀁦􀀾􀀧􀀱􀁥􀀮􀁩􀀱􀀧􀀮􀀢􀀱􀁾􀀠0: TN.i.r> \,o:)\U-􀁾􀁯􀀻􀀻􀀢􀀧􀀭􀁲􀀮􀀮􀀮􀁵􀀮􀀠?Q..ldl. 1'0 􀁾􀀧􀁍􀁾􀁴􀀮􀀮􀀠CetO'01/i.u:..-Clo.J 􀁾􀁾􀀠tF 􀁾􀁾􀁬􀁾􀁾􀀠p4J.....􀁾􀀮􀀠Glftoo. 􀁾􀁉􀀠􀁾􀁉􀁾,4"'> ..OM. D. Submit final construction plans and draft contract documents/specifications for review, and make appropriate revisions based on TOWN comments to prepare for contractor bidding, fIo.LOo.llt ""' F.,J."'t-COt.11)-ttMc..Oio,J 􀁰􀁾􀀬􀀠TIJ.-f.P WIU-.5c.l6/fl(.rl ON 􀁾􀁾􀁾􀀬A. t..eTTC:::l. I IIJ.'MJ\-r""", 1\ 􀁑􀁾􀀠tlSV/CW W £b.j;; OJ.I E. Final bidding plans and specifications will be provided by the ENGINEER in .pdf format THiS on CD to the TOWN Purchasing office for distribution to the contractors. The ENGINEER shall address contractor's technical questions about the project 􀁤􀁵􀁲􀁩􀁮􀁧􀁬􀁬􀁬􀁄􀁾􀀠bidding, assist the TOWN in obtaining bids, evaluating the bids for award recommendation and will prepare the contracts for execution. The Engineer will attend OJ i one pre-bid and one pre-construction meeting as requested. 􀁾􀁾􀀠"" 􀁧􀁾F. The ENGINEER will prepare change orders, if necessary, and participate in final \\\ inspection of the various units of work with the TOWN. 'i) f G, ENGINEER shall provide record drawings to the TOWN developed from construction i.notes and revisions compiled by the contractor and the TOWN's resident project 􀁾􀀠representative. Record drawings shall be provided in electronic form and mylars. r. \Jo 􀁾􀀠"1\ IV. ITEMIZED SCOPE OF SPECIAL SERVICES 􀁾􀁾􀀠The ENGINEER shall render the following professional services necessary for the development of the Project: §!A. ENGINEER shall perform field surveys for deSign, including comprehensive topography along the complete routing corridor within the design limits of the Basic AI tServices. Survey corridor shall be considered bUilding-to-building either side of the existing line routes. Existing features to be located include: closest building comers, 􀁾􀀠carports, curbs, trees, fencelines, sidewalks, firelanes, visibly marked existing utility features such as valves, meters, hydrants, manholes, clean outs, franchise utilities, AlC units, power poles, etc. 􀁾􀀠OJB. ENGINEER shall prepare up to two (2) Permanent and Temporary Easement {1\ Documents/Exhibits. V. EXTRA SERVICES The following Professional Services are specifically excluded from the scope of work under this contract. Such items shall include, but are not limited to the following: A. Preparation of additional real property transfer documents, exhibits, or acquisition, B. Subcontract charges, photocopies, plan reproduction; C, Preparation of special exhibits for public meetings; D, Construction staking or daily inspection and observation of construction, and review of contractor pay requests. E. Design, routing, or evaluation of lines outside the limits described in Attachment 'A', and utility relocations other than specified waterlines. F. Evaluation/design of drainage improvements. G. Detail water modeling. line sizing. and pressure calculations. design of pump stations or storage tanks. or evaluation of needs for such. H. Geotechnical investigations. environmental impact statements, evaluation or permitting related to the TNRCC and Corps of Engineers. I. Preparation of a Storm Water Pollution Prevention Plan and TCEQ Notice of Intent. The Engineer is not considered an "Operator" of the site. Contractor shall be responsible for plan and SWPPP implementation. maintenance, or modifications. J. Irrigation relocation/repair plans ATTACHMENT'S' PROJECT SCHEDULE The proposed services shall begin within 10 working days of signed authorization to proceed. TNP shall endeavor to accomplish the work in accordance with the schedule shown below. Changes in the scope of work shall result in corresponding revisions to the work schedule. All schedules exclude December 24-27 and December 31-Jan 2, and are subject to the amount of time necessary for the Client to complete necessary reviews. A. Perform field surveys and data collection in 21 working days. B. Submit preliminary construction plans for review within 50 calendar days from completion of survey. C. Submit final construction plans and draft bid documents within 21 calendar days from review meeting with Client. ATTACHMENT C TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2004 to December 31,2004" Engineering I Technical Principal Project Manager IT Manager Senior Engineer Engineer Graduate Engineer Landscape Architect I Planner Designer Senior Designer CAD Draftsman CAD Technician Senior CAD Technician IT Technician Clerical Resident Project Representative Surveying Survey Office Manager R.P.L.S. Senior Survey Technician Junior Survey Technician 2·Person Field Crew w/Equipment 3-Person Field Crew w/Equipment 4-Person Field Crew w/Equipment 2-Person G.P.S. Crew w/Equipment 3-Person G.P.S. Crew w/Equipment 1·Person Robotic Crew w/Equipment 2·Person Robotic Crew w/Equipment 3-Person Robotic Crew w/Equipment Direct Cost Reimbursables From To $110 $200 Per Hour $90 $140 Per Hour $80 $100 Per Hour $90 $130 Per Hour $70 $100 Per Hour , $65 $90 Per Hour $80 $95 Per Hour $75 $95 Per Hour $85 $115 Per Hour $30 $55 Per Hour $50 $75 Per Hour $65 $85 Per Hour $55 $$75 Per Hour $40 $65 Per Hour $40 $65 Per Hour $115 $120 $90 $110 $65 $80 $50 $65 $90 $105 $130 $130 $150 $90 $110 $125 Photocopies $0.10/page leiter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22" x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $2.00/page 22"x34" and larger bond paper or vellum, B&W $4.00/page 22"x34" and larger bond paper or vellum, color $4.00/page 22"x34n and larger mylar or acetate, B&W Mileage $0.36/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rateshown above. " Rates shown are for calendar year 2004 and are subject to change in subsequent years. DATE SUBMITTED: December 29, 2004 FOR COUNCIL MEETING: January 11, 2005 Council Agenda Item: SUMMARY: This item is fur the approval ofan Engineering Services Contract for the design ofthe Addison on Brookhaven Apartments and the Greenhaven Village Apartments Water System Improvements. FINANCIAL IMPACT: Budgeted Amount: $177,000 Cost: $35,000.00 (Engineering, Swvey, Easement Prep Only) Source ofFunds: Funds are available from the FY 2004-05 Water and Sewer Fund, as indicated in the Five Year Capital Replll.ceroent Program. BACKGROUND: This prqiect was established by the Public Works Department from a need to replace an existing undersized 6-inch diameter water line with an 8-inch diameter water line in the Addison on Brookhaven Apartments and the Greenhaven Village Apar1rneil.t complexes. This project will also link the two dead-end distribution line systems with a connection line across the property limits. The connection across the apartment complexes will require the preparation oftemporary construction easements and permanent utility easements. This portion ofthe Town's water system is in a deteriorated condition primarily due to age. The attached proposal for engineering services was negotiated with the firm ofTeague Nall and Perkins, Inc., in the total amount not to exceed $35,000.00, fur the design ofthe replacement of the existing 6-inch water main system. Their fue is broken down accoIding to task as follows: Construction Plan Preparation, Construction Administratinn .................... $24,000.00 Design Survey and Preparation of 2 Permanent and 2 temporary Construction Easements ............................ $11,000.00 Total Fee for Services .............................................................................. $35,000.00 RECOMMENDATION: It is recommended that Council authorize the City Manager to enter into a contract with Teague Nall and Perkins, Inc., in the amount of$35,Ooo.00, for engineering services assoeiated with the design ofthe Addison on Brookhaven Apartments and the Greenhaven Village Water System Improvements project. HIVTE Corpo1