2013-202 Ordinance ane Executed ContractORDINANCE NO. 2013-202
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND
ENGINEERING SERVICES WITH GRAHAM ASSOCIATES, INC. RELATING TO THE
WIDENING OF VINTAGE BOULEVARD FROM BONNIE BRAE ROAD WEST TO
INTERSTATE HIGHWAY 35 WEST IN AN AMOUNT NOT -TO- EXCEED $331,565;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 5331- AWARDED TO GRAHAM ASSOCIATES, INC.).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed Agreement are fair and reasonable, and are
consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession, and such fees do not exceed the
maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to enter into a
Professional Services Agreement with Graham Associates, Inc., Arlington, Texas to provide
professional design and engineering services in the amount of $331,565, relating to the widening of
Vintage Boulevard from Bonnie Brae Road West to Interstate Highway 35 West; a copy of which
Agreement is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or his designee is authorized to expend funds as required
by the attached Agreement.
SECTION 3. The City Council ofthe City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton, Texas under File 5331 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the -L- day of _ Aua 11 .12013.
MARK A. BU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR D AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
2 -ORD -File 5331
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
2013, by and between the City of Denton, Texas, a Texas municipal
corpMation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Graham Associates, Inc., with its
corporate office at 600 Six Flags Drive, Suite 500, Arlington, Texas 76011 hereinafter
called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to
perform the services as described herein and in the Proposal, the General Conditions, and
other attachments to this Agreement that are referenced in Section 3, in connection with
the Project. The Project shall include, without limitation, but shall not be limited to the
following major components (for a more precise or comprehensive description of the
Scope refer to Exhibit 2, Attachment E):
A. Conceptual Design Plans
Task 1: Vintage Blvd — Bonnie Brae to IH 35 - Conceptual plans (30% Plans)
for this section of the project shall be prepared to such detail as is necessary to
resolve all conceptual issues. Conceptual plans must be approved by Owner prior
to Design Professional commencing with the preparation of preliminary design
construction plans.
1. Horizontal alignment of proposed paving, medians, etc.
2. Vertical alignmentof proposed roadway.
3. Direction of traffic flow on all roadways.
4. An opinion of probable construction costs.
5. The approximate location of all existing and proposed driveways within
limits ofthe project.
6. The location of all trees with a diameter of six inches (6 ") or greater.
7. A preliminary drainage study, including drainage areas, location and size
of existing drainage facilities, the approximate size and alignment of
proposed drainage facilities, and approximate discharges.
8. Approximate dimensions of existing and proposed right -of -way and
easements.
B. Preliminary Design Construction Plans
Task 1: Vintage Blvd. - Bonnie Brae to IH 35W— Prepare 30% Plans,
Specifications, and Estimate (P.S. &E) documents for TxDOT.
1. Preliminary plans title sheet with index of sheets.
2. Project layout.
3. Existing /proposed typical sections.
4. Preliminary plans summary sheets.
5. Alignment sheets.
6. Plan/profile sheets for all alignments (horizontal and vertical alignments
final upon approval of 30% plans level).
7. Preliminary plans intersection layouts.
8. Drainage area maps.
9. Hydraulic computations.
10. Preliminary plans culvert layouts.
11. Preliminary plans storm sewer layouts.
12. Preliminary plans water and sanitary sewer layouts only.
13. Pavement design report.
C. PreliminM Right -of -Way Documents, 60% Plans for Vintage Blvd. Bonnie Brae
to IH 35
Task 1: - Right -of -Way Determination for the project streets - In conformance
with City and State standards, Design Professional shall survey, render field
notes, and prepare detailed plans (right -of -way strip maps) and individual parcel
exhibits for any additional right -of -way and/or easements, including temporary
construction easements, needed. Design Professional shall also set control points,
which shall be based on NAD -83, on both sides of the road. The required items
are necessary for the acquisition of right -of -way required to construct Project.
This information shall be required prior to acceptance of final construction plans.
Task 2: Vintage Blvd - Bonnie Brae to IH 35 (60% Plans) - At such time as
Design Professional is directed by Owner, Design Professional shall prepare the
following:
1. Title sheet with index of sheets.
2. Project layout.
3. Existing /proposed typical sections.
4. Plans summary sheets.
5. Plans traffic control plan.
6. Alignment sheets.
7. Plan/profile sheets for all alignments.
8. Intersection layouts.
9. Miscellaneous roadway details.
10. Drainage design.
2
11. Drainage area maps.
12. Hydraulic computations.
13. Water and sewer plan
14. Culvert layouts.
15. Storm sewer layouts.
16. Utility exhibits.
17. Illumination layouts.
18. Signing layouts.
19. Pavement marking layouts and delineation.
20. Erosion Control layouts.
21. Cross - sections.
The preliminary plans will include water, sewer, and drainage improvements
design, and preliminary work on utility relocations.
D. Final Construction Plans
Task 1: Final Design Construction Plans (90% Plans) — Vintage Blvd. - Bonnie
Brae to IH 3 5
1. Construction plans.
2. Bid proposal.
3. Special specifications as required.
Task 2: Right -of -Way
1. Prepare final right -of -way plans and documents for all streets on the
project.
E. 100 %Construction Plans, Right -of -Way, and Specifications
Task 1: 100% Vintage Blvd - Bonnie Brae to IH 35
1. Revise plans per Owner's review comments.
2. Revise specifications /bid documents per Owner's review comments.
3. Revise right -of -way documents per Owner's review comments.
F. Miscellaneous Requirements —
1. Design Professional shall furnish, upon request by Owner, one (1) set of
film reproducibles of the "Final" approved and dated plans. Design
Professional shall submit an electronic copy of the drawings in a format
acceptable to the Owner.
2. The Design Professional shall also prepare Record Drawings utilizing the
construction plans based upon redline markups reflecting any field
changes. The Contractor shall prepare and supply the redline markups to
the Design Professional after construction is complete. Design
I
Professional shall submit one (1) set of film reproducibles and an
electronic copy of the Record Drawings in a format acceptable to the
Owner.
11
SECTION 2
COMPENSATION
Total compensation for the Design Professional contemplated under the terms of this
agreement shall be $331,565.00 for all services including reimbursable expenses. The
Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $175,535.00.
2.1.2 Progress payments for Basic Services shall be paid monthly based on the
actual work satisfactorily completed per month in each phase as a percentage of the
overall compensation for that phase, with the following percentages of the total
compensation for the Basic Services for each phase of the Project:
Schematic Design Phase 20%
Design and Development Phase 30%
Construction Documents Phase 30%
Bidding Phase 8%
Construction Phase 12%
100%
2.2 ADDITIONAL SERVICES
2.2.1 For Additional Services the total compensation shall be $151,030.00.
Compensation for Additional Services shall be based on actual services authorized
and performed with lump sum or maximum not to exceed subtotals depending on
the service provided all as shown in Exhibit 2, Attachment A. The schedule for the
hourly rates is attached as Exhibit 4.
2.2.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services, geotechnical services,
right -of -way services, etc. shall be based on a multiple of 1.1 times the amounts
billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.05 times the expenses incurred by the Design Professional, the Design Professional's
employees and consultants in the interest of the Project as defined in the General
Conditions but not to exceed a total of $5,000.00 without the prior written approval of the
Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees,
FEMA review fees.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of
which are attached hereto and made a part hereof by reference as if fully set forth herein:
Exhibit 1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
Exhibit 2. The Design Professional's Proposal
Attachments A through E:
Attachment A Summary of Engineering Fees
Attachment B Projected Plan Sheets
Attachment C Organizational Chart
Attachment D Estimate of Construction Costs
Attachment E Scope of Services and Deliverables
Exhibit 3. Project Schedule
Exhibit 4. Schedule of Rates
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JE FER WALTERS C TY SECRETARY
BY h.l _ 7,4)A J.( 2J.[ .d
Jl
ago
MEE...i ...._
ATTEST
BY:
6
CITY OF DENTON, TEXAS
A Municipal Corporation
BY:
GEORGE C. CAMPBELL
CITY MANAGER
GRAHAM ASSOCIATES, INC.
A Corporation
BY:
W. JEF I AMS, P.E.
PRESIDENT
Exhibit x
CITY OFDENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERl31G SERVICES
ARTICLE 1. ARourizCr OREl1`GINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist ofthose services for the Project (as definedin the agreement (the "AgreemenfI and proposal (the'ProposaV) to which these
General Conditionsare attached) performed by the Architect orEngineer (hereinafter called the "DesignProfessional') or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 oftheseGeneral Condiiansas modified by the Agreementand Proposal (the "Services ").
1,2 TheDesign Professionalwill perform all Services as an independent contractor tothe prevailing professional standards consistentwith the levelofcaro and skill ordinarily
exercised by members ofthe sameprofession currently practicing in the same locality under similar conditions, including reasonable, informedjudgments and prompt timely
actions (the' Degree ofCare). The Services shall be performed as expeditiously as is consistent with the Degree ofCare necessary for the orderly progress ofthe Project
Uponrequest ofthe Owner, theDesign Professional shall submit for theOwners approval a schedule for the performanceofthe Services mWohmay, beadjusted astheProject
proceeds, and shall includeallowances forperiods oftimerequiredZrthe Owner's review and for approval o£ submissions byauthoritieshavingjurisdiction overthe Project
Time limits established by this schedule and approved by the Owner shall not, except for reasonable eausq. be exceeded by the Design Professional or Cmrter, and any
adjustments tothis schedule shallbe mutuallyacceptableto both parties.
ARTICLE 2 SCOPE OFBASIC SERVICES
3,1 BASIC SERVICES DEFINED The Design Professional's Basic Servicesconsist ofthose describedin Sections 21 tluough2.6 oftheseGeneralConditionsand include
mithoutlimitation normal structural, civil, mechanical and electrical engineering servicesandany other engineering services necessary toproduce acompleteanc accuratesetof
ConstructionDocuments, as described by andrequired inSection,24. TheBasic Services maybemodified by theAgreement
2.2 SCHEN1ATICDESIGNPHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements fortheProject
2.2.2 The DesignProfessional shall provide a preliminary evaluation ofthe Owner's program, construction schedule and constructionbudget requirements, each in
termsofthe other, subjcottothe limilations setforthinSubsection5.2,1,
213 ThoDesign Professional shallmviewwith the Owncr alternative approaches to design and construction oftheproject
2.2.4 Based on themutually agreed -uponprogram, schedule and construction budget requirements, theDesign Professional shall prepare, fbr approvalby theOwner,
Schematic Design Documents consisting ofdrmvings and other documents illustratingthe scale and relationshipofProjectcomponents. The Schematic Design shall
contemplateoompliance withallapplicable laws, statutes, ordinances, codes andregulations.
2.15 The DesignProfessional shall submit to the Owner a preliminary detailed estimate ofConstruction Cost based on current area, volume or otherunit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement tothecompletionofconstruction.
23 DESIGNDEVELOPIvIENTPHASE
2.3.1 Based on the approved SchematicDesign Documents and any adjustments authorized bythe Ownerinthoprogram, scheduleor constructionbudget the Design
Professional shallprepare for approval by theOwner, Design DevelopmentDocuments consisting of drawings and other documentsto furanddescribe the size and
character ofthe Project as to architectural, structural, mechanical and electrical systems, materials and suchotherelements as maybe appropriate, whichshall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will besufiioient and adequate to fulfill thepurposes oftheProject
2.3.2 TheDesigaProfessional shalladvise the Owner ofany adjustments tothe preliminary estimate ofConstruction Costin a further Detailed Statementas described
in Section2.2.5.
2.4 CONSTRUCTIONDOCUMENTS PRASE
2.4.1 Based on the approved Design Development Documents and any further sdju>,shnents in the scope or quality of the Project or in the construction budget
authorizedby dieOwner, theDesignProfessional shall prepare, forapproval bythe Owner, ConstructionDocumentsconsisting ofDrawwings and Specifications setting
forth indetail requirements forthe construction oftheProject, whichshall complywith all applicable laws, statutes, ordinences, codesandregulations.
2.41 The Design Professional shall assist the Owner in the preparation ofthe, necessary bidding or procurement information, bidding of procurement fours, the
Conditions oftheContract, andtheformofAgreement between the Owner and contractor.
24,3 The Design Professional shall advisethe Owner ofany adjustments topreviouspreliminary estimates ofConstruction Costindicated by changes inrequirements
or generalmarket conditions,
2AA The Design Professional shallassist the Owner iri connection withthe 0wner's responsibility for filing documents required for theapproval ofgovemmentat
authorities havingjurisdiction overthe Project
2.5 CONSTUCTIONCONTRACT PROCUREMENT
241 The Design Professional, following the Chmerrs approval ofthe Construction Documents and of thelatest preliminary detailedestimate ofConstruction Cost,
shall assisttheOwner inprocuring a construction contract for the Project througifany procurement method that is legally applicable to the Project including without
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limitation, the competitive sealed biddingprocess. Although the0mierwillconsidertheadviceoftheDesignProfessional, theawardoftheconstructioncontractisin
thesolediscretion ofthe Owner,
2.5.2 Ifthe construction contract amount forthe Project exceeds the total construction cost ofthe Project as set forth in the approved Detailed Statement ofProbableConstructionCostsoftheProjectsubmittedbytheDesignProfessional, then the Design Professional, at its sole cost and expense, will revise the ConstructionDocumentsasmayberequiredbySteOwnertoreduceormodifythequantityorqualityoftheworksothatthetotalconstructioncostoftheProjectwillnotexceedthetotalconstructioncostsetforthintheapprovedDetailedStatementofProbableConstructionCosts.
2.6 CONSTRUCTION PHASE -"AC ISTRATIONOFTALCONSTRUCTIONCONTRACT
2.6.1 TheDesign Professional's responsibility to provideBasicServices for the ConstructionPhase underthis Agreement commences with the award oftheContractforConstructionandterminatesattheissuancetotheOwnerofthefinalCertificateforPayment, uniess extended under theterms ofSubsection 8.3.2,
2.6.2 The Design Professional shall provide detailedadministration ofthe Contract for Construction as setforth below. For design professionalss the administrationshallalsobeinaccordancewithAIAdocumentA201, General Conditions of the Contract for Construction, current as ofthe date ofthe Agreement as may beamendedbytheCityofDentonspecialconditions, unless otherwiseprovided inthe Agreement For engineers theadministration shall also be in accordance with the- Standard Specifications forPubliolftiks Constructionbythallorth Central Texas Counoii ofGovemments, current as ofthe date ofthe Agreement, uniessotherwise
provided intheAgreement.
2,63 Construction Phase duties, responsibilities and limitations ofauthority ofthe DesignProfessional shallnot berestricted, modified orextended withoutwritten
agreement ofthe. Omer andDesign, professional.
2,6A The Design Professional shall be arepresentativeofand shall advise and consult withthe Owner (1) duringconstruction, and (2) at the Ow'ner's direction fromtimetotimeduringthecorrection, orwarranty period described lathe Contract for Construction. The Design Professional shallhaveauthority to act onbehalfoftheOwneronlytotheextentprovidedintheAgreementandtheseGeneralConditions, unlessotherwise modified by writteninstrument
2.6.5 The Design Professional shall observe the construction site at least one time it week, while eonshuotion is hn progress, and as reasonably necessary whileconstructionisnotinprogress, to become fimiliarwith the progress and quality of the work comp[oted andto determine Ifthe work is being performed in amannerindicatingthattheworkwhencompletedwillbeinaccordancewiththeContractDocuments, Design Profhssional shall, provide Ownerawrittenreportsubsequentto
each on -site visit On the basis of oil-situ observations theDesign Professior>ai shall keep the Owner informed ofthe progress and quality ofthe work, and shallexorcisetheDegreeofCareanddiligenceindiscoveringandpromptlyreportingtotheOwneranyobservabledefectsordeficienciestotheworkofContractororanysubcontractors. The DesignProfessionalrepresents that how:ill follow Degree ofCBre in performingall Services underthe Agreement TheDasignprofessionalswpromptlycorrectanydefbeHvodesignsorspecificationsfurnishedbytheDesignProfessionalatnocosttotheOwner, The Owner's approval, acceptance, use OforpaymentforalloranypartoftheDesignProfessional's Services hereunder or oftheProject itself shall inno way alter the DesignProfesslonal's obligations or the
Ownees rightshereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences Orprocedures, or for safety precautions and programs in connection with the work The DesigaProfessional shallnot be responsiblefbr the Contractor's schedules orfailuretocarryouttheworkinaccordancewiththeContractDocumentsexceptinsofarassuchfailuremayrestdtfromDesignProfessional's negligent actsor omis- sions. The DesignProfessional shall notbavo controlover or charge ofacts oromissions ofthe Contractor, Subcontractors, or their agents or employees, orof any
otherpersons performhngportions ofthawok
2,6,7 Ilt, DasignProtessional shall atalltimes have accessto thoworkwherever it is inpreparation orprogress
2.63 Except as may otherwisebe provided to the Contract Documents or when direct communications have been specialty authorized, the Owner and ContractorshallcommunicatethroughtheDesignproibssiwal. Communlue6onsbyandwith theDesignprofcssional' sconsultantsshallbethroughtheDesign Professional.
249 Based on theDesignPrOfessional's observations atthe site ofthowork and evaluations ofthe Contractor's Applications for Payment, tho Design Professional
shall review and certifythe amounts duo theContractor.
2.6.10 The Design Professional's certification, forpayment shall constitute arepresentationto the Owner, based ontheDesign Professional's observations aathe siteasprotidedinSubsection2.6.5 and on the data comprising doe Contractor's Application for Payment; that the work has progressed to the point indicated and that the
quality 0 Work is in accordance withiho Contract Documents. The foregoing representations are subject tominor deviations from the Contract Documents cor- reelable prior to completion and to specific. qualifications expressed by the Design Professional. The issuance ofa Certificate for Payment shall "erconstitute a
representation that theContractor is entitled to paymentIn the amountcertified. However, theissuance of aCertificate forPayment shall not be a representation thattheDesignProfessionalhas (1)reviewcdconstrw.:donmeans, methods, techniques, sequences orprocedmes, or (2) ascertained how or fonvhatpurpose theContractor
has used money previously paidonamount ofthe Contract Sum.
2.6.11 TheDesignProfessional shalthave the responsibility and authorityto rejectwork which doesnot conform toe Contract Documents. Whenever theDesignProfessionalconsidersitnecessaryoradvisableforimplementationoftheintentoftheContractDocuments, the Design Professional willhave authority to requireadditionalinspectionortestingoftheurkinaccordancewiththeprovisionsoftheContractDocuments, whether or not such Work is fabricated, installed
rise
or
completed. However, neither this authority oftheDesignProfessionalnora decision made in good:Wth eitherlo exercise ornot exercise such authority shall givetoadutyorresponsibilityoftheDesignProfessionaltotheContractor, Subcontractors, material and equipment suppliers, theiragents oremployees or other persons
perforating portions of $0work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractors submittals such as ShopDrawings, ProductData andSamplesforthepurposeof (1) determining compliance with applicable laws, statutes, ordinances and codes, and (2) determining whether or notthe wort , whencompleted, will bein compliance with the requirements oftheContract Documents. The Design Professional shall act with suchreasonable promptness to causenodelayintheworkorintheconstructionoftheOwnerorofseparatecontractors, while allowing sufficient time in the DesignProfessional's professional judgmenttopermitadequatereview. reviewofsuch submittalsisnotconducted forthe purpose ofdeternining theaccuracy and completenessofother details suchasdimensionsandquantitiesorforsubstantiatinghtstruotionsforinstallationorperformanceofequipmentorsystemsdesignedbytheContractor, an of which remain theresponsibilityofeeContractorto -heextent required bythe Contract Documents. The DesignProfessionals review shall notconstitute approval Ofsafetyprecautionsor, unless otherwise specificallystatedbytho DesignProfessional, ofconstruction means, methods, techniques, sequences or procedures. Tho DesignProfessional'sapprovalofaspeoificitemshallnotindicateapprovalofanassemblyofAvhichtheitem [sa component: Whenprofessional certificationofperformance characteristics
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ofmaterials, systems or equipment is requiredby theContractDocuments, the Design Professional shell be entitled to rely upon suchcertifieation to establishthat the
materials, systemsor equipmentwill meetthe perfomaneacriteriarequired bythe ConhactDocuments,
2,6,13 The Design professional shall prepare Change Orders andConstruction ChangwMectives, with supporting documentation anddata ifdeemed necessary bytheDesignProfessionalasprovidedinSubsections3.1.1 and 3.33, for the Owner's approval and execution in accordance with the Contract Documents, and mayauthorizeminorchangesintheworknotinvolvinganadjustmentintheContractSumoranextensionoftheContractTimewhicharenotinconsistentwiththeintent
ofthe Contract Documents,
2.6.14 On behalfofthe Cnvner, the Design Professional shall conduct inspections to determine the dales ofSubstantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates ofSubstantial andFinal Completion. The Design Professional will receive and reviewwritten guarantees and relateddocumentsrequiredbytheContractforConstructiontobeassembledbytheContractorandshallissueafinalcertificateforPaymentuponcompliancewiththe
requirements ofthe ContractDocuments.
2.6.15 TheDesign Professional shall interpretandprovide recommendations on matters concemingperformaneeofthe. Owner and Contractor under therequirementsoftheContractDocumentsonwrittonrequestofeithertheOwnerorContractor. TheDesign Professional's response to such requests shall be made withreasonable
promptness ands +ithinany time limitsagreed upon.
2.6.16 interpretations and decisions ofdie Design Professional shall beeoissislentwith theintent ofandreasonably inferable from the Contract Documents and shallbeinvvritingOrintheformofdrawings. Whenmaking such interpretations and initial decisions, the-Design. Professional shall endeavor tosecurefallhful peribmtancebybothOwnerandContractor, and shallnoeboliablefor results or interpretations or decisions so rendared in good faith in aocordance withall theprovisions ofthis
Agreementand inthe absence ofnegligence.
2.6.17 TheDesign Professional shall render written decisions whhin a reasonable time on all claims, disputes or other matters inquestion between theOwner end
Contmctorrelatingto the executionorprogress ofthoworkas provided intheContractDocumenls.
2.6,18 The Design Professional (I) shall render services under the Agreement in accordance with the DegreeofCaro; (2) willreimbursethe Owner for all damagescausedbythedefectivedesignstheDesignProfessionalprepares; and (3) by acknouv4edging paymentby the Owner ofany fees due, shall not bereleased from any
rightstheOwnermay havetmdertheAgreement ordbnWsh any ofthe Designprofessional's obligationstheteunder.
2,09 The DesignProfessional shall provide the Owner-with four sets ofreproducible prints shouting all significantabongcs to the Construction Documents during
theConstruction Phase.
ARTICLE3 ADDITIONALSERVICES
3.l GENERAL
3.1.1 The services described in this Article 3 arenot included in Basic Services unless so identified inthe Agreement orProposal, and they shall be paid for bytheftncrasprovidedintheAgreement, inadditiontothe compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall onlybeprovided ifauthorizedorcoiTnmedinwritingbytheOwner. ifservicesdescribed under ContingentAdditional Services inS action3.3are required due to circumstances beyondtheDesignProfessional'scontrol, theDesign ProtBsstonal shall notify the Owner in writing and shallnot commence such additional services untilit receives writtenapproval-fromthe Cramer to proceed. Ifthe Ownerindicates inwritingthatall or partofsuchContingent Additional Servicesarenotrequired, the DeslgnProfessionatshallhavonoobligationtoprovidethoseservices. Owner will beresponsible for compensating theDesign Profissional for Contingent Additional Services only if
theyarenotrequired duetothenegligenceorfault ofDesignProfessionaL
3,2 pROJECfREPRESENTATION BEYOND BASIC SERVICES
3.11 If more extensive representation at the site than is described in Sabseotion 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives toassistin carryingout such additional on•siteresponsibilities.
312 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed bytheOwnerandDesignProfessional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 MakingmaterIal revisions irtDramingg, Spcolfications; or other documents vilion such irevisions are:
1. inconsistentuvith approvals or instructions previously given by the Owner, including revisions made necessary by adjustments inthe Owner`s
program orProjectbudget;
2. requiredbytheenaotmentorrevisionofcodes, laysorregulationssubsequenttothepreparaionofsuchdocuments ,or
3, dueto changes required as a resultof6aOwners failure toTender declsioninatimely mamer.
33.2 providing services requited because ofsignificant changes inthe Projectinoluding, butnotlimited to, size, quality, complexity, orthe Owner's schedule, except
forservices required underSubsection 2.5.2.
3,33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
ConstructionChangeDirectives.
3,14 Providing consultatton concemingreplacement ofvvorkdamaged by fire orothercause during construction, and furnishing services required in connection with
the replacementofsuch work.
3.3,5 Providingservices madenecessary bythedefault ofthe Contractor, by majordefects or deficiencies in the work of the Contractor, or by failureofperformancc
ofeithertho Oameror Contractorunder the-Contractfor Constructiom
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3.3.6 Providing services in evaluating an extensive number ofclaims submittedby the Contractor orothersIn connection with thework
3.3.9 Providing services in conneotionvrith a publichearing, arbitrationproceeding or legal proceeding exceptNvheretheDesign Professional is patty thereto.
3.3.8 Providing services in addition to thoserequired by Article2for preparing documents foralternate, separate or sequentialbids or providingservices in connection
with bidding orconstructionpriorto thecompletion ofthe Construction Documents Phase.
3.3.9 Notwithstanding anything containedin the Agreement, Proposal or those Goneral Conditions to the contrary, ail services described inthis Article 3 that are
caused or necessitated inwhole or in part duetothenegligent actoromissionofthe DesignProfessionalshallbeperformed by theDesignProfessional as apart ofthe
Basic Services under the Agreement withno additional compensation above and beyond the compensation due the Design Professional for the Basic Services. Tha
intervening or concurrent negligence oftheOwner shall not limit the Design Professional'sobligations underthis Subsection 3.3.9.
3.4 OPTIONALADDITIONAL SERVICES
3.41 Providing financial feasibilityor other specialstudies.
3.4.2 Providing planning surveys, site evaluations orcomparative studies ofprospootive sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals ofgovernmental authorities or others havingjurisdiction over the
Project
14.4 Providing servicesrelative tofiture facilities, systems andequipment
3.43 Providing services to investigate existingconditionsor facilitiesorto makeweasureddrawingsthereof
3.4.6 Providing servieesto verify theaccuracyofdrawings or other information famished by the Owner,
3.41 Providing coordination ofconshuction performed byseparateContractorsorby the Owner's ownforees and coordination ofservicesrequired in connectionwith
constructionperformed and equipmentsupplied bytho Owner.
3.4.8 Providingdetailed quantity surveys orinventoriesofmaterial, equiprawtand labor.
3.4.9 Providing analyses ofoperatingandmaintenance costs,
3,4.10 Malting investigations, inventoriesofmaterials or equipment orvafuations anddetailedappraisals ofexistingAefildes.
3.4.12 Providing assistance in the utilization ofequipment or systems such as testing adjusting and balancinr, preparation ofoperation and maintenance manuals,
training personaetfor operation and maintenance and consultation during operation.
3.4.13 Providing interior design andsimilarservices required fbr or inconnection voththe selection, procurement or installationoffurniture, furnishings and related
equipment
3.4.14 Providing services other than as provided In Section 2.6.4, after issuance to the Owmer of the final Certificate forPayment and expiration of the Warranty
period ofthe Contract fbrConstruclion.
3.4.15 Providing servicesofconsultants for otherthan architectural, civil, structural, mechaniealand electrical engineering portions oftheProjeetprovided as apartof
Basic Services,
3.4,16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architectural
practice.
3.4.17 Preparinga setofreproduofble, recorddrawings inadditionto those required bySubsection 2.6.19, showing significant changes in theworkmade duringeon-
struction based on marked -upprints, drawings and other data famishedbythe Contractorto the Design Professional.
3.4.18 Nomithstanding anything contained inthe Agreement, Proposal or these General Conditions to the, contrary, all services described inthis Article 3 that arecausedornecessitatedtowholeorInpartdueiothenegligentactoromissionoftheDesignProfessionalshallbeperformedbytheDesignProfessionalasapartofthe
Basic Services under theAgreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
Intervening orconcurrentnegligenceofthe Ownershall not limittheDesignProfessional's obligationsunder this Subsection 34.1 S.
ARTICLE 4 ONWER'S RESPONSIBILITIES
4.1 Tho Owner shall consult with thisDasign Professional regardingrequirements for the Project including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, ftexr'bifity, expendability, special equipment, systems and site requiremcnts, as more specl-
faeallydescribed in Subsection 211.
4.2 The Owner shall establish and update an overall budget for the Project; Including the Construction Cost, the Owner's other costs and reasonable contingencies
relatedto all ofthesecosts.
4.3 Ifrequested by the Des1pprofessional, the lit +ner shall 1 mtish evidencethat financialarrangements have been madeto fWfd[ theOwner's obligations underthis
Agreement
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H:Wiso\DIankl; ormAGENEItAL CONDIITONS-ARCHNECT- ENGINEER Revised 052209.doc Revised 5.30.02
4.4 the Owner shall designatearepresentative authorized to act ontheOvrnees behalfwith respect to the Project. The Ownerorsuchauthorized representative; shall
ronderdecisions inattmely manner pertaining to documents submitted by theDesign Professional inorder to avoid unreasonable delay in the orderlyand sequential
progress oftheDesigaProfesstonal's services.
4.5 Where applicable, the Ownershallflrmish surveysdescribing physical charactedstics, legal limitations and utility locations forthesite ofthe Project, and a Written
legal description ofthe site, no surveys and legal information shall include, as applicable, grades and lines ofstreets, alleys, pavements and adjottdngpropertyand
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and informationconcerning available utility services and lines, bothpublicandprivate, above midbelowgrade, hrcluding inverts and depths. All the information on the survey shall be referenced to aprojectbenchmadc
4.6 Where applicable, the Owner shaltfamishthe services ofgeotechnical engineers whon such services arerequested bytheDesign Professional. 5u61rserviM mayincludebutPronotlimitedtotestborings, test pits, determinations ofsoll bearing values, percolationtests, evaluations ofharardous materials, groundcorrosionand re-
ststivitytests, including necessaryoperations foranticipating subsoil condttions, with reportsand appropriate professional recommendations.
4.6.1 The Ownershall famishthe services of'otherearsultants when. such services arercasonably requiredby thescope ofths Project andare requestedbyiliaDesign
Professionalandarenotretained bythe DesignProfessional as part ofifsBosloServices orAdditional Services,
4.7 When not a partofthe Additional Services, the Omershalt furnish structural, mechanical, chemical, air and water pollutiontests, tests ofhazardous materials,
and otherlaboratoryand environmental tests, tnspections and reports required by law orthe ContraotDomments.
4.8 The Owner shall famish all legal, accounting and insurance counseling services as may be necessary at any time forthe Project, includingauditing servicestheOwnermayrequkotoverifytheContractor's Applications forPayment or to ascertain how or forwhat purposes the Contractor has used the money paid by or on
behalfoftheOwner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumisltedat the Owner's expense, and the DesignProfessionalshallbeentitledtorelyupontheaccuracyandcompletenessthereofintheabsenceofanynegligenceonthepartoftheDesignProfessional.
4.10 The Ownershall give promptwdttenuoticetotheDesignProfessionallftheOwnerbecomesawareofanyfaultordefectintheprojeetornonconformence with
the ContmetDocuments.
4,11 Design Professional shalt propose language for certPfieates orcertifications to be requested of the Design Professional or Design Professional's consultants and
shall submitsuohto the Ownerforreview andapproval at leastfourteen (14) dayspriorto execution. The Owneragrees notto requestcertifications thatwould requiro
knowledge or sorvleesbeyond the scopeoftheAgreement
ARTICLES CONSTRUCTIONCOST
5.1 CONSTRUCTION COST DXFINED
5.1.1 TheConstruction Cost shall bethetotal cost or estimatedcostto theOwner ofall elements oftheProject designedorspecifiedby ateDesignProfessional.
512 The ConstructionCostshall includethe costat currentmarketrates oflaborandmaterials Armished by the Ownerand equipment dosigried, specified, selected or
specially providedforby the Design Professional, plus areasonable allowance for the Contractor's overhead and profit. In addition, areasonable allowance forcon - tingenclesshall be irroluded for market conditions at the time ofbiddingand for changes inthev%ork during construction.
5.1.3 Construction Cost does not Include the compensation of the Design Professional and Design Professionars consultants, the costs ofthe land; rights -of -way,
financingorothercots Whicharetheresponsibility ofthe Ownerasprovidedin Article 4.
5.2 IMPONSIBILTTYFOR CONSTRUCTION COST
5.2.1 Evaluations ofthaOwnees Project budget, preliminary estimates of Construction Cost and detailed estimates ofConstruction Cost prepared by the DesignProfessionalrepresenttheDesignProfessional'sbest judgment as adesign professional familiarwith the construction industry. It is recognized, however, thatneither
the Design Professional nor the Owner has control over the cost oflabor, materials or equipment, over the Contractor's methods of determining bid prices, orovercompetitivebiddingormarketconditions, Accordingly, the Design Professional cannot and does not warrantor represent that bids or cost proposals will notvaryfromtheOwner's Project budgetorfromany estimate o €Construction Costorevaluation prepared or agreed to by the Design Professional.
5.2.2 Nofixedlimit ofConstruction Cost shall be established asacondition oftho Agreementby theflrmishing proposalor esiabiishmout ofs Projectbudget, unlesssuclrfixedlimithasbeenngrcMuponinwritingandsignedbythepartiesthereto. Usuchafixedlimitlrasbeenestablished, theDesigaProfessionalshallbepermitted
to include contingencies for design, biddingand price escalation, to determine what materials, equipment, component systems and typos of eonsftuetion are to beincludedtotheContraotDocuments, to make reasonable adjustments in thesmpo ofthe Project and to include in the Contract Documents alternate bidstoadjust theConstnsotionCosttothefixedlimitFixedlimits, ifany, shall be increased in the amount ofan increase in the ContractSum occurring after execution ofthe Contract
for Construction.
513 IftheProcurement Phase has not commenced vAtWn 90 days after the Design Professional submits the Construction Documents to the Owner, any ProjectbudgetorfixedlimitofConstructionCostsholtbeadjustedtoreflectchangesInthegenecallevelofpricesintheconstructionindustrybetweenthedateofsubmission
ofthe Construction Documentsto theOwner andthe dateon whichproposals aresought
ARTICLE 6 0'4VNERSWAND USE OF DOCUMNTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments oftho Design Professional's service and shallbecomethepropertyoftheOwneruponterminationorcompletionoftheAgreementTheDesignProfbssionalisentitledtoretaincopiesofallsuchdocuments. SuchdocumentsareintendedonlybeapplicabletothisProject, and Owner's use ofsuch documents in other projects shall be at Owner's sole riskand expense. In the event theOwnerusesanyofthe.information ormaterials developedpursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional isreleased from any and all liability relatingto theiruse inthatprojeet
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H:iMiseWankFormAGENERAL CONDITIONS- ARCHITECT- rNGINEERRevksed 052209.doe Revised 5.30 -02
6.2 Submission or distribution ofdocuments to meet officialregulatoryrequirements orfor similarpurposes in connection with theProjectis not tobeconstrued aspublication
inderogation oftheDesignProfessional's reserved rights.
ARTICLE7 TERiIWATION, SUSPENSION ORABANDONM[ENT
7.1 The Design Professional mayterminate the Agreement upon not less than thirty dayswritten notice should the Ownerfail substantially to perform in accordance with thetermsoftheAgreementthroughnofaultoftheDesignProfessional. Owner may terminate the Agreement or any phase thereoflvith or without cause upon thirty (30) days
prior writtennotice to the DesignProfessional, All workand labor being performed underthe Agreement shall cease immediatelyupon Design Professional's receipt ofsuch
notice. Before the end ofthe thirty (30) day period, Design Professional shall invoicethe Ownerfor all work it satisfactorily performed prior to the receipt ofsuchnotice, Noamountshallbedueforlostoranticipatedprofits. All plans, field surveys, and other data related to the Projectshall become property of the Owner upon torminadon of the
Agreementand shall bepromptlydelivered tothe Ownerinareasonably organized form. Should Owner subsequently contractwithanewDesignProfessional for continuation
ofservicesontheProject, DesignProfessional shallcooperate in providing information.
7.2 If thaProject is suspended by the Owner formore than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily perfbnned prior tonoticeofsuchsuspension. When the Project is resumed, the DesignProfessionors c6mpensatlon shallbe equitably adjusted toprovide. forexpenses incuired in the interruption
and resumption oftheDesignProfessional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days -mitten notice to theDesign Professional in the eventthattha Project is permanentlyabandonedIftheProjectisabandonedbytheOwnerformorethan90consecutivedays, the DesignProfessional orthe Owner mayterminate theAgreement bygivingvaltten
notice.
7.4 Failure oftheOwner tomakepayments totheDesign Professional forworksatisfactorily completed in accordance with theAgreement shall be considered substantial non-
performanceand cause fortermination.
7.5 Ifthe Owner fails to makepaymenttoDesignProfessIonatwithia thirty (30) days ofreceiptofa statementfor services property and satisfactorily performed, theDesign
Professional may, upon severtdays writtonnoticatothe Owner, suspend performance ofservicestmderthe Agreement
7.6 Inthe. event oftermination notthefaultofthe DesignProissioml, ft Design Professional shall be compensated for servicesproperty andsatisfactorily performed prior to
termination
ARTICLES PAYAMNTSTOTHEDESIGNPROMSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries ofthe Design Professional's personnel engaged on the Project and the portion ofthe cost oftheir
mandatory and customary contributions andbenefits related thereto, suchas employment taxes and other statutory employee benefilg insurance, sickleave, holidays, vacations, pensions andsimilar contributions and benefits.
81 I IAMURSABLEEXPENSES
8.2.1 Reimbursable 13xpenses are in addition to compensation for Basio and Additional Services and include expenses incurred by the Design Professional and
DesignProfessional'semploycos and consultants in the interostoftheProject, as identifiedinthefolloNving Clauses,
8.711 Evense oftransportation in connection withthe Project expenses hiconnection withauthorized out-of-town travel; long- distmec. communications;
and feespaidforsecuring approvalofauthoritieshavingjurisdiction over the Project
8.2.11 Expense ofreproductions (except the reproduction ofthe sets of documents referenced in Subsection 2.6.19), postage and handling ofDrawings,
Speelfications and otherdocuments.
8.213 Ifauthori2ed inadvance by the Owner, expenseofovertimewrorkrequiring higher thanregularrates.
8.2.1.4 Expense ofrenderings, models and mockupsrequestedbythe thtmer.
S.2,1,5 Expense, ofcomputer -aideddesign anddrafting equipment-timewhen used in connectionwith theProject
8.2.1.6 Otherexpensesthatare approved inaftice inwritingbythe Owner,
83 PAYMENTS ON ACCOUNT OFHASICSERVICES
8.3.1 Payments for 8asioServices shall be made monthly and, whcro applicable, shall be in proportion to services performed within each phase ofservice, on the
basis setforth in Section2 of the Agreementand the schedule ofwork
812 Ifand tothe extent that the time initially established intheAgreement is exceeded or extendedilrough no fault ofthe DesignProfessional, compensation for anyservicesrenderedduringtheadditionalperiodoftimeshallbecomputedinthemannersetforthinSection2oftheAgreement.
8,3,3 Whencompensation is based ona percentage ofConstruction Cost and any portions ofthe Project are deleted or otherwise notconstructed, compensatioafor
those portions ofthe Project shall be payable to the extent services are performed onthose portions, to accordance with the schedule set forth in Section 2 oftheAgreementbasalon (1) the lowest bona fide bid or (2) ifno such bid orproposal is received, the most recentpreliminary estimateofConstruction Cost or detailed
estimateofConshuctionCost forsuchportions oftheProject.
8.4 PAYMENTS ONACCOUNT OF ADDITIONAL SERVICES
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H :NlsolBlm* FormAGBNERAL CONUITIONS - ARCHITECT- i'NOINE£Rkevised 052209.doo Revised 5.30.02
8.4.1 Payments on account ofthe Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentationtotheOwner of the Design Professional's statementofservices renderedor expenses incurred.
8.5 PAYMENTS O91'r11IMI) No deductions shall be made from the Design Professional's compensation on account ofpenalty, liquidated damages orothersumswithheld
frompayments tocontractors, oronaccountofthe costofethanges inthe work other than those for which theDesign Professional isresponsible.
ARTICLE 9 INDEMNITY
93 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employers from and against any and all liability, claims, demands, damages, losses, and expenses, including, but notlimited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the riegiigent acts or omissions oftheDesign Professional orits officers,
shareholders, agents, oremployees inthe performance of the Agreement.
9.2 No"&herein shall beconstrued to createa liability toany personwho Is not aparty to theAgreement, and nothing herein shallriveany ofthe parties' defenses,
both at law or equity, to any cldim, cause ofaction, or litigationfiled by anyonenot a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expresslyreserved.
ARTICLE 10 INSURANCE During the performance ofthe Services under the Agreement, Design Professional shall maintain the following insurance with aninsurancecompanylicensedorauthorizedtodobusinessintheStateofTexasbytheStateInsuranceCommissionoranysuccessoragencythathasaratingwithHest
Rate Carriers ofat least an A or above;
10.1 Comprehensive General LiabilityInsuranee withbodily injury limits ofnotlessthan $1,000,000 for each occurrenceand not less than S2,DD0,000 intho aggregate,
andwith property damagelimits ofnot less than $100,000 for each occurrence and not less than $250,000 inthe aggregate,
10.2 Automobile Liability Insurance with bodily injury limits ofnot less than $500,000 for each person and not less than $500,000 for each accident, and ivith property
damage limits ofnot lessthan $100,000 for each accident
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with Iimits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance withlimits ofnot less than $1,000,000 annual aggregate.
115 The DesignProfessional shall furnish insurance certificates or insurance policiesto the Owner evidencing insurance in compliance edth this Article 10 at thetimeoftheexecutionoftheAgrrement. The General. Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, tine Workers'
Compensation policy shall contain a %vaiver ofsubrogationinfavor ofthe Owner, and each policy shall contain aprovision thatsuch insurance shall not be canceled ormodifiedwithoutthirty (30) days' prior written notice to Ownerand Design Professional, in such event, the Design Professional shall, priorto the effective date ofthechangeorcancellation, furnish Owner with substitute certificates ofinsurance meeting the requirements ofthis Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11,1 The Agreement shall be governed by the laws ofthe State of Texas, Venue ofanysnit orcause ofaction trader the Agreement shall He exclusivelyinDenton County,
Texas.
11.2 TheOwner and DeslgaProfessional, respectively, bind themselves, thoupartners, successors, assigns and legal representatives to the oflier party to this Agreement and tothepartners, successors, assigns and legal representatives ofsuch other party with respect to all covenants ofthis Agreement no Design Professional shall not assign its
interestsintheAgreementwithoutthewritten consent oftheOwner,
11.3 The term Agreement as used herein Includesthe executed Agreement; the Proposal, these General Conditions and other attacluncnts referenced in Section 3 of tho
Agreement whichtogether representthe entire and integrated agreement behveenthe Owner and DesignProfessional and supersedes all prior negotiations, representations oragreements, either written or oral. The Agreement may be amended only by written Instrument signed by both Owner and Design Professional. When interpreting theAgreementtheexecutedAgreement, Proposal, these General Conditions and the other attachments referenced inISection 3 of the Agreement shall to the extent that isreasonablypossiblebereadsoastoharmonizetheprovisions. Howeve, should die provisions ofthese documentsbe. in conflictsothatthcy can notbereasonablyharmortized,
such doctunents shallbe given priority in thefollowing order.
1. The executed Agreement
2. Attachments referenced in Section 3 ofthe Agreementotherthanthe Proposal
3. These General Provisions
4. TheProposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause ofaction in favor of a third party against either tho Omer or Design
Professional.
11.5 Upon receiptofpriorwritten approvalofOwner, the Design Professional shall havethe righttoinclude representations ofthe deslgrr ofthe Project, including photographs
of die exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not Include the Owner'sconfidentialorproprietaryinformationiftheOwnerhaspreviouslyadvisedtheDesignProfessionalInwritingofthospecificinformationconsideredbytheOwnertobeconfl- dentialorproprietmy. TheOwner shall provide professional creditfortheDesign. Professional on dieconstnrctlon signand inthepromotionalmaterials for the Project
11.6 Approvalbythe Owner shallnotconstitute, norbe deemed arelease oftheresponsibilityand liability ofthe DesignProfessional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such
responsibility by the Owner forany defectinthe design or otherworkprepared by theDesign Professional, its employees, subcontractors, agents, and consultants.
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H.XMiseTlank FormsIGENE1tAL CONDITIONS- ARCHf1ECT•ENGINEERRevised 052209.doc - Revised 5.30.02
11,7 Allnotices, communications, and reports required or permitted under theAgreement shall be personally deliveredormailedto the respective parties by depositingsomeintheUnitedStatesmailtotheaddressshownbelowsignatureblockontheAgreement, certified mail, return receipt requested, unless otherwise specified herein
All notices shall be deemed effective upon receipt bytheparty to whom such notice is given, or within three (3) days after mailing.
11,8 Tfany provision ofthe Agreement is found or deemed by a court ofcompetentJurisdiction to be invalid or unenforceable, it shall be considered severablefrom the
remainder ofthe Agreement and shall not cause the remainder to be invalid or unenforceable. In such event; the parties shall reform the Agreement to replace such
stricken provision Nvith avalid and enforceable provisionwhich comes as close as possible to expressing the intentionofthe stricken provision.
11,9 The DesignProfessional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as theymaynowreadorheretnaflerbeamendedduringthetermo£thisAgreement.
11,10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on. the basis of race, color, religion, sex, national origin or ancoshy, age, or physical handicap,
11,11 The captions ofthe Agreement are for informational purposesonly, and shall not in any tvay affect the substantive terms or conditionsoftheAgreement
Page 8 of8
H:1MisMlank Forms\GW.RAL CO\rDMOPIS- ARCHMCTBWC7 ;ER Revised 052209,doc Revised 5.30.02
Graham Associates, Inc.
CONSULTING ENGINEERS & PLANNERS
Exhibit 2
The Design Professional's Proposal
July 12, 2013
Mr. Frank Payne, P.E.
City Engineer
City of Denton
901 -A Texas Street
Denton, Texas 76209
RE: Proposal for Professional Services
Engineering Design of Vintage Blvd. Widening and Improvements —
Bonnie Brae to IH 35
Dear Mr. Payne:
Graham Associates is pleased to present this proposal to provide professional services for the
survey, right -of -way acquisition, design, and construction administration to widen and improve
Vintage Blvd. from Bonnie Brae to IH 35. Our staff and sub - consultants proposed for the project
are shown in the attached organizational chart (Attachment C). The summary of fees is shown in
Attachment A, which includes both basic and additional services. The estimate of construction
costs for Vintage Blvd. - Bonnie Brae to IH 35 is shown in Attachment D. The proposed scope
of services and deliverables are shown in Attachment E. Proposed schedules are shown attached
as Exhibit 3. The schedule of rates is attached as Exhibit 4.
Graham Associates shall comply with the City of Denton's "General Conditions to Agreement
for Architectural or Engineering Services ". Our firm shall also meet or exceed the insurance
requirements of Denton including a $3 million professional liability insurance policy.
Payment for Basic Services listed in Exhibit 3 shall be made monthly based on proportion of
services performed within each phase of work. Payment for Additional Services and
reimbursable expenses listed in Attachment A shall be made monthly based on statement of
services rendered or expenses incurred.
Please contact me if you need further information.
Respectfully Submitted,
m M. Wagnon, P.E.
CEO
Graham Associates, Inc. TBPE Firm #F -1191
Summit Office Park
1300 Summit Ave„ Suite 419
Ft. Worth, Texas 76102 -4418
817) 332 -5756
Fax (817) 336 -6909
Centerpoint Three
600 Six Flags Drive, Suite 500
Arlington, Texas 76011 -6356
817) 649 -1914 • Metro (817) 640 -8535
FAX (817) 633 -5240
Chase Bank
3200 Broadway Blvd. Suite 268
Garland, Texas 75043 -1571
972) 840 -6671
FAX (972) -840 -6671
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Exhibit 4
Graham Associates. Inc.:
Principal 150.00
Senior Engineer 125.00
Registered Public Land Surveyor 125.00
Senior Hydrologist 125.00
Registered Engineer 100.00
Graduate Engineer 90.00
Graduate Hydrologist 95.00
Technician IV 90.00
Technician III 75.00
Technician II 60.00
Technician I 40.00
GPS Survey Crew 130.00
3 Man Survey Crew 140.00
2 Man Survey Crew 120.00
Clerical 35.00
CADD Station 25.00
Schrickel. Rollins & Associates. Inc.:
Project Manager 150.00
Senior Engineer 120.00
Engineers 90.00
Senior Landscape Architect 95.00
Landscape Architect 11 80.00
Landscape Architect I 66.00
Lic. Irrigator 70.00
CAD Technician 70.00
Clerical 60.00
Landtcc Engineers, LLC
PERSONNEL
Project Geotechnical Engineer 125.00
Senior Geotechnical Engineer 135.00
Senior Project Manager 150.00
Principal Engineer 165.00
Senior Engineering Consultant 195.00
Registered Professional Land Surveyor 135.00
Expert Witness (Deposition and Trial) Reg. Rt. x 1.5
Engineering Technician I 40.00
Engineering Technician II 50.00
Engineering Technician III 60.00
Senior Engineering Technician 65.00
Engineering Assistant /Specialist 75.00
Word Processing /Clerical 50.00
Drafting/CADD 70.00
Field Survey 115.00
Field Survey over 8 hrs /day 125.00
GPS Equipment 10.00
GPS Communications 50.00
Robotic Equipment Charge 10.00
Transportation (portal to portal) 0.65 /mile
Transportation w /trailer (portal to portal) 0.75 /mile
Minimum Transportation Charge 50.00 /trip
Support Vehicle 50.00 /day
Per Diem 150.00 /day
Sample/Document Shipment.$ 50.00 each
Plots /Copies 50.00 /first plot;
5.00 after first plot
Copies 0.10 /page
DRILLING AND SAMPLING
100.00/hole
Drilling and Intermittent Sampling in Soil 16.00 /foot
Drilling and Continuous Sampling in Soil 24.00 /foot
Drilling in Rock (Auger - no sampling) 15.00 /foot
Core Drilling in Shale /Sandstone /Moderately
Hard Limestone 25.00 /foot
Core Drilling in Very Hard Rock 30.00 /foot
Field Penetration Tests, split spoon
or TxDOT cone 35.00 /each
DRILLING AND SAMPLING CONT'D
Drilling Through Concrete 100.00/hole
Mobilization of Rig (Local) 300.00 /each
Minimum Drilling fee 1250.00 /each
Plug Bore Hole with Bentonite 7.50 /foot
Hollow Stem Auger Drilling (3.25 I.D.)
w /continuous bbl sampler 27.00 /foot
Drill Rig Standby Time 185.00/hour
SOIL
Atterberg Limits (liquid and plastic limits),
ASTM D4318 $ 60.00 /test
Percent Passing No. 200 Sieve,
ASTM D 1140 $ 50.00 /test
Standard Proctor,
ASTM D 698 $ 140.00 /test
Modified Proctor,
ASTM D 1557 175.00 /test
TEX -113E 225.00 /test
Processing Materials greater than No. 4 65.00 /test
Sieve Analysis, ASTM D422 70.00 /test
Lime /Atterberg Limits Series, 4 points 250.00 /test
Soluble Sulfate, TxDOT 145E 100.00 /test
Moisture Content, ASTM D433 15.00 /test
Moisture Content and Unit Dry Weight 25.00 /test
Hydraulic Conductivity,
ASTM 5084 310.00 /test
Hydraulic Conductivity, COE 310.00 /test
Hydrometer Analysis. 115.00 /test
Specific Gravity 60.00 /test
Unconfined Compressive Strength 45.00 /test
Unconfined Compressive Strength (core) 60.00 /test
Absorption - Pressure Swell 100.00 /test
Free Swell 75.00 /test
Bar Linear Shrinkage 20.00 /test
California Bearing Ratio
ASTM 1883) 225.00 /point
Consolidation 450.00 /test
Triaxial Shear -1.4 -inch, 2.0 -inch diameter specimens
larger diameter specimens quoted upon request)
a. Unconsolidated Undrained:
multiple specimen,
3 specimens minimum 85.00 /spec
single specimen,
3 points minimum 85.00 /point
b. Consolidated Undrained
with pore pressure measurements:
multiple specimen,
3 specimens 425.00 /spec
single specimen,
3 points minimum 425.00 /point
c. Consolidated Drained:
multiple specimen,
3 specimens minimum 450.00 /spec
single specimen,
3 points minimum 450.00 /point
Direct Shear - 2.5 -inch diameter specimen
Q -Test,
3 points minimum 175.00 /point
S -Test,
3 points minimum 250.00 /point
Remolding samples 60.00 /each
Exhibit 2 - Attachment B
ESTIMATED SHEET TOTALS - CITY PORTION
Vintage - IH 35W to Bonnie
Subtotal Number of Sheets = 119
Cross - Section Plans
Cover 1
Cross - Sections 25
Subtotal Number of Sheets = 26
Total Number of Sheets = 145
Brae
Sheet Description Number of Sheets
Cover Sheet 1
Quantity Sheets 6
Survey Control Layout 2
Typical Sections 3
Erosion Control 5
Traffic Control 12
Paving Plan /Profiles 8
Driveways 1
Drainage Area Map 1
Runoff Computations 1
Inlet Computations 1
Storm Drainage Computations 2
Drainage Plan /Profiles 7
Drainage Laterals 2
Channel Grading 1
Street Lights 5
Pavement Markings & Signage 5
Traffic Signals 0
Details 56
Subtotal Number of Sheets = 119
Cross - Section Plans
Cover 1
Cross - Sections 25
Subtotal Number of Sheets = 26
Total Number of Sheets = 145
Exhibit 2 - Attachment B
Right -Of -Way Strip Maps
City Right -Of -Way Strip Maps
Vintage - IH 35W to Bonnie
Brae
Sheet Description Number of Sheets
Cover Sheet 1
Parcel Summary 1
Right -Of -Way Map Sheets 4
Total Number of Sheets =
Total Number of Sheets for All Plan Sets = 151
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ATTACHMENT D
Vintage Boulevard
From I.H. 35W to Bonnie Brae
Not including improvements to IH -35W Interchange
Summary of Construction Costs
May 15, 2013
Paving, Traffic Control, Erosion Control, Retaining Walls $ 1,388,776.85
Drainage $ 308,481.25
Street Lights $ 161,468.00
Pavement Markings $ 25,458.60
Total $ 1,884,184.70
ATTACHMENT D
PAVING
VINTAGE BOULEVARD
I.H. 35W TO BONNIE BRAE
May 1, 2013
TOTAL $ 1,388,776.85
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
f D_ "cry pion a u"ititjr =Jnit1 UinJti OrJ!. 01 Itern,Cost
1 Preparing Right of Way 32 STA 2,250.00 72 000.00
2 Excavation 10,000 C.Y. 4.00 40,000.00
3 Embankment 2,000 C.Y. 3.00 6,000.00
4 Backfill 32 STA 90.00 2,880.00
5 Topsoil 4,167 S.Y. 0.75 3,125.25
6 Block Sodding 4,167 S.Y. 1.80 7,500.60
7 Seeding 5,000 S.Y. 0.30 1,500.00
8 Watering 250 M.G. 7.50 1,875.00
9 Lime Slurry 338 TON 150.00 50,700.00
10 Lime Treatment 12" 16,884 S.Y. 3.00 50,652.00
11 Concrete Pavement 6" Drives 228 S.Y. 47.00 10,716.00
12 Concrete Pavement 12" Vintage 16,527 S.Y. 55.00 908,985.00
13 Barricades, Signs, & Traffic Handling 6 MO 4,500.00 27,000.00
14 Landscape Pavers 1,269 S.Y. 45.00 57,105.00
15 Mono Curb 8,329 L. F. 2.00 16,658.00
16 Sidewalks 100 S.Y. 45.00 4,500.00
17 Hike /Bike Trail 2,098 S.Y. 45.001 94,410.00
18 Curb Ramps 6 EA. 1,500.00 1 $ 9,000.00
19 Erosion Control SWPPP 1 L.S. 21,170.001 21,170.00
20 Capital Improvement Signs 4 EA. 750.00 1 $ 3,000.00
TOTAL $ 1,388,776.85
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
ATTACHMENT D
DRAINAGE
VINTAGE BOULEVARD
I.H. 35W TO BONNIE BRAE
May 1, 2013
ltem Deacri tion ...4uantiti10, „ ,..„ Uni Uri I ri Item Cosh iii
1 18” RCP (CL III) 60 L.F. 32.00 1,920.00
2 18" RCP (CL V) 50 L.F. 60.00 3,000.00
3 24" RCP (CL III) 415 L.F. 45.00 18,675.00
4 24" RCP (CL V) 40 L.F. 69.00 2,760.00
5 30" RCP (CL III) 175 L.F. 60.00 10,500.00
6 36" RCP (CL III) 550 L.F. 80.00 44,000.00
7 48" RCP (CL III ) 95 L.F. 106.50 10,117.50
8 10' Recessed Curb Inlet 4 EA. 3,500.00 14,000.00
9 15' Recessed Curb Inlet 4 EA. 5,000.00 20,000.00
10 20' Recessed Curb Inlet 2 EA. 5,500.00 11,000.00
11 Y" Inlet 2 EA. 2,475.00 4,950.00
12 Manhole Type 1 10 EA. 5,250.00 52,500.00
13 Junction Box Type 1 2 EA. 8,000.00 16,000.00
14 Trench Safety 1,295 L. F. 1.50 1,942.50
15 Bore RCP 90 L.F. 250.00 22,500.00
16 48" RCP Headwall 1 EA. 5,500.00 5,500.00
17 5" Class "A" Concrete Rip -Rap 524 S.Y. 90.00 47,160.00
18 12" Graded Rock Rip -Rap 310 S.Y. 45.00 13,950.00
19 Channel Excavation 250 C.Y. 15.00 3,750.00
20 Remove Headwall 1 EA. 750.00 750.00
21 Remove Inlet 2 EA. 600.00 1,200.00
22 Remove Storm Pie 65 L. F. 1 $ 18.75 1,218.75
23 Cement Stabilized Backfill 25 C.Y. 1 $ 43.50 1 $ 1,087.50
TOTAL $ 308,481.25
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
ATTACHMENT D
STREET LIGHTS
VINTAGE BOULEVARD
I.H. 35W TO BONNIE BRAE
May 1, 2013
altemt wcDescrptions' 1140* «..'..Givar titY Unit UitPrrc ., IteotWe
1 35' White Concrete Street Light Pole 20 EA. 3,000.00 60,000.00
2 Pull Box 6 EA. 525.00 3,150.00
3 2" PVC Conduit 2,760 L.F. 4.15 11,454.00
4 2" Rigid Metal Conduit 1,100 L.F. 6.75 7,425.00
5 Bore 2" Rigid Metal Conduit 500 L.F. 17.25 8,625.00
6 Street Light Pole Foundation 20 EA. 788.00 15,760.00
7 250 Watt Cobrahead Fixture 20 EA. 975.00 19,500.00
8 Electrical Service 2 EA. 825.00 1,650.00
9 4 Bare Street Light Conductor 4,160 L.F. 2.45 10,192.00
10 1#4 Insulated Street Light Conductor 8,320 L.F. 1 $ 2.85 23,712.00
TOTAL $ 161,468.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
ATTACHMENT D
PAVEMENT MARKINGS
VINTAGE BOULEVARD
I.H. 36W TO BONNIE BRAE
May 1, 2013
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2 Type IB Edge Line 600 L.F. 1.50 900.00
3 Type IIIA Barrier Line 450 L.F. 2.00 900.00
4 Type IA Broken Line 10,250 L.F. 1.50 15,375.00
5 Type VA Stop Bar 36 L. F. 6.10 219.60
6 Type IA Broken Line C/R RPM 133 EA. 4.00 532.00
7r Type IIIA Barrier Line C/R RPM 45 EA. 4.00 180.00
8 T e 113 Double Line A/A RPM 38 EA. 4.00 152.00
9 Small Sign Assembly 151 EA. 450.00 6,750.00
TOTAL $ 25,458.60
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
ATTACHMENT E
SCOPE OF SERVICES, DELIVERABLES AND RESPONSIBILITIES OF OWNER
VINTAGE BOULEVARD IMPROVEMENTS
FOR THE CITY OF DENTON
GENERAL: The City of Denton Vintage Blvd. IH 35 W to Bonnie Brae Street Improvements Project
the Project) will include preparation of construction plans and bid documents, opinions of probable
construction costs, identification of right -of -way requirements and necessary ROW acquisitions, Owner
utility relocation, franchise utility relocation coordination, permitting and construction phase services.
ARTICLE I
BASIC SERVICES: GAI shall render the following professional services in connection with
the development of the Project:
A. Conceptual Design
1. Attend a kick -off meeting with the Owner to discuss the various aspects of the project
including planning and design criteria, work program and schedule, procedures of
communication, and assignments of personnel.
2. Obtain from the Owner, franchise utility providers, and the Texas Department of
Transportation (TxDOT) all available record drawings, planning reports, traffic
counts, zoning ordinances, and other data that may be pertinent in considering the
development of the preliminary alignments and the final design of the proposed
improvements.
3. Determine from a field reconnaissance of the project area the general layout of the
land for the improvements including location of existing above ground utilities and
drainage structures.
4. Develop a schematic layout with two (2) roadway route alternatives at critical
locations along the alignment. Submit four (4) copies of the schematic layout to the
Owner for review.
5. Attend meeting with Owner to discuss potential utility conflicts and the proposed
relocation plan. GAI will meet with the Owner's Project Manager and Engineering
staff first and utility staff later if necessary.
6. Attend a meeting with the Owner to discuss the alignment alternatives and
recommendations.
7. Upon Owner approval of alignment and the schematic design GAI will develop a
30% construction plan set with paving plan/profile sheets, intersection layouts, right -
of -way sheets, drainage area maps, culvert layouts, layouts and hydraulic
computation sheets for Vintage Blvd. - IH 35 W to Bonnie Brae.
B. Preliminary Design (60 %) - Upon review of the 30% plans by the Owner, GAI will
prepare preliminary construction plans as follows:
Prepare preliminary paving plan and profile sheets showing curb lines, driveways,
elevations at all points of vertical intersection and point of intersections in the paving
plan; typical sections; cross sections; high and low points, vertical curve information,
and pertinent AASHTO calculations.
2. Prepare a Pavement Design Report documenting the existing soil conditions and
providing pavement design recommendations based on (at a minimum) a 40 -year
design life, 10% truck loading and traffic volumes as agreed upon with the Owner.
3. Prepare preliminary drainage sheets including drainage area maps, plan and profiles,
and hydraulic computations.
4. Initiate coordination of utility relocations with utility owners, and prepare preliminary
design of relocations of affected City water and sewer lines. GAI shall provide the
design for the relocation of conflicting water and wastewater utilities.
5. Hydraulic Design ofthe Culverts
a) 60% Design Submittal: Update hydraulic design of culverts as necessary to
reflect roadway design and to address Owner comments.
i) Update hydraulic models of culverts as necessary to reflect 60%
roadway design.
ii) Preparation of Scour Analyses for each ofthe creek crossings.
iii) Update the following sheets as necessary for 60% submittal:
1) Drainage Area Maps
2) Hydraulic Computations
3) Culvert Layouts
6. Prepare plan/profile and construction details for retaining walls and necessary shoring
design.
Prepare Construction Phasing Plan including pavement phasing, transition segments,
and construction detour plans. Develop construction phasing typical cross sections at
key locations.
Prepare traffic control plans based on the construction phasing in accordance with
AASHTO and the City of Denton.
9. Prepare a preliminary estimate of probable construction cost and submit with four (4)
sets of plans for review.
10. Meet with the Owner to discuss the preliminary design. GAI assumes that we will
meet with the Owner three (3) times during the preliminary design phase.
11. Submit preliminary plans to utility companies for review and comment. Attend a
preliminary coordination meeting with the franchise utility companies.
12. GAI will attend a coordination meeting with DCTA and TxDOT to coordinate plan
approval and permits for the project.
C. Final Design - Following Owner approval of preliminary plans, GAI shall prepare final
plans with the following additional tasks:
Prepare final construction drawings for paving, MSE retaining walls, drainage, traffic
signal, at grade railroad crossings and City utility improvements.
2. This includes the final hydraulic design of culverts including scour analyses for the
proposed culverts as necessary, and preparation of plans, specifications, and
estimates.
a) Final Design Submittal
i) Provide final hydraulic models to reflect 90% roadway design.
ii) Update the following sheets as necessary for 90% submittal:
1) Drainage Area Maps
2) Final Hydraulic Computations
3) Final Culvert Layouts
4) Detail Sheets (special and standard details)
5) Notes
6) Final grading layouts
7) Quantities for bid proposal
8) Technical specifications for culvert construction
Prepare final technical specifications and bid documents for the project, including bid
proposal forms (project quantities) of the improvements to be constructed. This
Scope of Services assumes that the project will be prepared using standard bid
documents provided by GAI.
4. Provide quality control by independent review of plans and specifications by Senior
Engineer, not on the design team.
5. Prepare a final opinion of probable construction cost based on recent project unit bid
prices.
Furnish four (4) sets of drawings for review by the Owner at the 60% and 90% design
stages, and meet with the Owner to review and discuss the plans. The review
meetings will be conducted to address review comments and to take action on items
to produce the final construction documents. GAI assumes that we will meet with the
Owner three (3) times during each part of the final design phase (60% and 90 %).
D. Bidding and Construction Administration Phase — Assist Owner in securing bids. Issue a
Notice to Bidders to prospective contractors in GAI's database of prospective bidders,
and to selected plan rooms. Provide a copy of the Notice to Bidders for Owner to use in
notifying construction news publications and publishing appropriate legal notice. The
cost for publications shall be paid by the Owner. GAI will prepare two (2) separate bid
packages for the project, with the following to be provided for each bid package.
Print thirty (3 0) sets of 11" x 17" Plans and Bid Documents and distribute to selected
plan rooms, and to prospective bidders that respond to the Notice to Bidders.
2. Assist Owner by responding to questions and interpreting bid documents. Prepare
and issue addenda to the bid documents to plan holders if necessary.
3. Attend one pre -bid meeting to answer questions related to the bid documents.
4. Assist Owner in the opening, tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder. Recommend award of
contract or other actions as appropriate to be taken by the Owner.
Assist Owner in the preparation of Construction Contract Documents. Provide ten
10) sets of Construction Contract Documents which include information from the
apparent low bidder's bid documents, legal documents, and addenda bound in the
documents for execution by the Owner and construction contractor. Distribute five
5) copies of these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction contractor.
Provide Owner with the remaining five (5) copies of these documents for use during
construction. Additional sets of documents can be provided as an additional service.
Furnish contractor copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
7. Attend one (1) pre - construction meeting per bid project to discuss the project
schedule for construction.
S. GAI design team staff will make (24) visits to the site to observe the progress and the
quality of work and to attempt to determine in general if the work is proceeding in
accordance with the construction contract documents. In this effort GAI will
endeavor to protect the Owner against defects and deficiencies in the work of
Contractor and will report any observed deficiencies to the Owner.
9. Review Contractor shop drawings and other project related submittals. Notify the
Contractor of non - conforming work observed during site visits. Review quality
related documents provided by the Contractor such as test reports, equipment
installation reports or other documentation required by the construction contract
documents.
10. Interpret the drawings and specifications for the Owner and Contractor.
Investigations, analyses, and studies requested by the Contractor and approved by the
Owner, for substitutions of equipment and /or materials or deviations from the
drawings and specifications are an additional service.
11. Prepare documentation for contract modifications required to implement
modifications in the design ofthe project. Receive and evaluate notices of Contractor
claims and make recommendations to the Owner on the merit and value of the claim
on the basis of information submitted by the Contractor or available in project
documentation.
12. Revise the construction drawings in accordance with the information furnished by
Contractor reflecting changes in the project made during construction. One (1) set of
mylar reproducible prints of "Record Drawings" and electronic files shall be provided
by GAI to the Owner for each set of construction drawings.
ARTICLE II
ADDITIONAL SERVICES (DESIGN PHASE):
A. Design Surveying
1. Establish horizontal and vertical control for the project from existing TxDOT control
monuments. Establish adequate control points and benchmarks for construction of
the project. Cross -tie all survey control to City of Denton benchmarks.
2. Provide a topographic survey of the project. The topographic survey shall extend the
entire length of Vintage Boulevard from IH -35W to Bonnie Brae. The survey
corridor shall be 200' wide, extending 100' on each side of the proposed roadway
centerline, and shall extend a minimum of 200' along all intersecting streets. The
survey shall consist of roadway cross sections taken at 50' intervals, locating all
existing features such as water valves (including top of nut elevation), curb & gutter,
asphalt, driveways, culverts, headwalls, mailboxes, geotechnical boring locations,
sanitary and storm sewer manholes (including invert elevations with flowlines, sizes
and material types), trees with 6" or greater diameter at 4' height, tops and toes of
slopes, visible utilities, utilities marked by others, power poles, telephone risers, and
all other visible features.
3. Provide additional topographic surveying at two creek crossings for hydraulic
modeling. The limits of the survey will extend 500' upstream and downstream from
the existing crossings. Trees will not be surveyed in these areas.
B. USACE 404 Permitting
1. Perform Section 404 Jurisdictional Determination based on USACE guidelines.
2. Prepare Non - Jurisdictional Determination Letter.
D. Additional Service Construction Administration
The Scope of Services for Full Time Resident Representation services includes (1) one
full time inspector (based on 40 hours per week) for construction duration up to 7.5
months.
A. GAI shall have a Resident Project Representative on the Site. The duties,
responsibilities and the limitations of authority of the Resident Project Representative,
and designated assistants, are as follows:
1. Resident Project Representative is GAI's agent at the site, will act as directed
by and under the supervision of GAI, and will confer with GAI regarding
Resident Project Representative's actions. Resident Project Representative's
dealings in matters pertaining to the on -site Work shall in general be with GAI
and contractor, keeping Owner advised as necessary. Resident Project
Representative's dealings with subcontractors shall only be through or with
full knowledge and approval of contractor. Resident Project Representative
shall generally communicate with Owner with the knowledge of and under the
direction of GAI.
B. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule, schedule of shop drawing
submittals and schedules of values prepared by contractor and consult with
GAI concerning acceptability.
2. Conferences and Meetings: Attend meetings with contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project - related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as GAI's liaison with contractor, working principally through
contractor's superintendent and assist in understanding the intent of
Contract Documents; and assist GAI in serving as Owner's liaison with
contractor when contractor's operations affect Owner's on -site
operations.
b. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of shop drawings and samples.
b. Receive samples which are furnished at the site by contractor, and notify
GAI of availability of samples for examination.
c. Advise GAI and contractor of the commencement of any Work requiring
a shop drawing or sample ifthe submittal has not been approved by GAI.
Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to determine if the
Work is in general proceeding in accordance with the Contract
Documents.
b. Report to GAI whenever Resident Project Representative believes that
any Work will not produce a completed Project that conforms generally
to the Contract Documents or will prejudice the integrity of the design
concept of the completed Project as a functioning whole as indicated in
the Contract Documents, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be made; and
advise GAI of Work the Resident Project Representative believes should
be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections and report to GAI.
6. Interpretation of Contract Documents: Report to GAI when clarifications and
interpretations of the Contract Documents are needed and transmit to
contractor clarifications and interpretations as issued by GAI.
7. Request for Revisions: Consider and evaluate contractor's suggestions for
revisions to Drawings or Specifications and report with Resident Project
Representative's recommendations to GAI. Transmit to contractor in writing
decisions as issued by GAI.
8. Records:
a. Maintain at the job site orderly files for correspondence,
reports of job conferences, Shop Drawings and Samples,
reproductions of original Contract Documents, including all
Work Change Directives, Addenda, Change Orders, Field
Orders, Written Amendments, additional Drawings issued
subsequent to the execution of the Contract, GAI's
clarifications and interpretations of the Contract Documents,
progress reports, submittals and correspondence received
from and delivered to contractor and other Project related
documents.
9. Reports:
a. Furnish to GAI periodic reports as required of progress of the work and
of contractor's compliance with the progress schedule and schedule of
Shop Drawings and Sample submittals.
b. Consult with GAI in advance of scheduled major tests, inspections or
start of important phases of the Work.
c. Draft proposed Written Amendments, Change Orders and Work Change
Directives, obtaining backup material from contractor and recommend to
GAI Written Amendments, Change Orders, Work Change Directives, and
Field Orders.
d. Report immediately to GAI and Owner the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with contractor for
compliance with the established procedure for their submission and forward
with recommendations to Owner, noting particularly the relationship of the
payment requested to the schedule of values, Work completed and materials
and equipment at the Site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other
data required to be assembled and furnished by contractor are applicable to the
items actually installed and in accordance with the Contract Documents, and
have this material delivered to GAI for review and forwarding to Owner prior
to final payment for the Work.
12. Completion:
a. Before GAI issues a Certificate of Substantial Completion, submit to
contractor a list of observed items requiring completion or correction.
b. Observe whether contractor has performed inspections required by laws
or regulations, ordinances, codes or order applicable to the Work,
including but not limited to those to be performed by public agencies
having jurisdiction over the Work.
c. Conduct a final inspection in the company of GAI, Owner and contractor
and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected
and make recommendations to GAI concerning acceptance.
13. Limitations ofAuthority of Resident Project Representative:
a. Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment (including "or- equal" items),
unless authorized by GAI.
b. Shall not exceed limitations of GAI's authority as set forth in Agreement
or the Contract Documents.
C. Shall not undertake any of the responsibilities of contractor,
subcontractor, suppliers, or contractor's superintendent.
d. Shall not advise on, issue directions relative to or assume control over
any aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by
the Contract Documents.
e. Shall not advise on, issue directions regarding or assume control over
safety precautions and programs in connection with the Work or any
activities or operations of Owner or contractor.
f. Shall not accept shop drawing or sample submittals from anyone other
than the contractor.
g. Shall not participate in specialized field or laboratory tests or inspections
conducted by others, except as specifically authorized by GAI.
14. GAI shall provide the following Public Involvement services:
a. GAI will prepare a project web site that may be accessed through the City
of Denton website. The site will include information about the project,
project schedule, and comment area. Content will be discussed with the
City PM prior to posting.
b. GAI will attend up to three (3) public meetings at the concept, design and
construction phases of the project. GAI will provide project exhibits and
prepare presentations for each meeting. This scope assumes that the
Owner will pay for advertising and mailings associated with each public
meeting.
ARTICLE III
EXTRA SERVICES: Extra Services to be performed by GAI, if specifically authorized in
writing by Owner, which are not included in the above - described Basic and Additional Services,
are described as follows:
A. Phase II Environmental Site Assessment services in accordance with ASTM standards to
identify and investigate the nature and extent of potential environmental contamination.
B. Tree survey to comply with City ofDenton tree protection ordinance.
C. Field layouts or the furnishing of construction line and grade surveys.
D. Legal services for eminent domain hearings.
E. Historical structure survey for any structure that is within the proposal right -of -way that
is 50+ years old will be considered an additional service.
F. If buried features or structures are located, it may be necessary to conduct formal
National Register of Historic Places testing to satisfy the THC. The costs of in -depth
NRHP testing or mitigation excavation will be considered an additional service.
G. Documenting and Recording Historic Structures.
H. GIS mapping services or assistance with these services.
I. Providing additional 3D renderings or revisions to existing 3D renderings of the project
design.
Making revisions to drawings, specifications or other documents when such revisions are
1) not consistent with approvals or instructions previously given by Owner or 2) due to
other causes not solely within the control of GAI.
K. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
L. Preparing data and reports for assistance to Owner in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute
review boards, or other legal and /or administrative proceedings or hearings are caused by
actions or negligence of GAI or one of its subconsultants.
M. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with contractor(s) unless such litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative proceedings in the
defense or prosecution of claims disputes with contractor(s) are caused by actions or
negligence of GAI or one of its subconsultants.
N. Assisting Owner in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT unless such litigation,
mediation, arbitration, dispute review boards, or other legal and /or administrative
proceedings in the defense or prosecution of claims disputes with contractor(s) are caused
by actions or negligence of GAI or one of its subconsultants. Such services, if any, shall
be furnished by GAI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
O. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective construction work.
P. Design, contract modifications, studies or analyses required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
Q. Services required to resolve bid protests or to rebid the project for any reason, unless such
rebid is directly caused by actions or negligence of the engineering professional.
R. Visits to the site in excess of the number of trips included in Article I for periodic site
visits, coordination meetings, or contract completion activities.
S. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
T. Providing services after the completion of the construction phase not specifically listed in
Article I.
U. Providing basic or additional services on an accelerated time schedule. The scope of this
service includes the cost for overtime wages of employees and consultants, inefficiencies
in work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the Owner.
V. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
W. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of GAI.
X. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Y. Provide follow -up professional services during contractor's warranty period.
ARTICLE IV
TIME OF COMPLETION: GAI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
schedule shown as Exhibit 3 of this document.
If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not
limited to delays in Owner or regulatory reviews, delays on the flow of information to be
provided to GAI, governmental approvals, etc. If the project is placed on hold by the Owner for
more than six months, GAI reserves the right to negotiate additional compensation for additional
services related to the delay.
ARTICLE V
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so
as not to delay the services of GAI:
A. Designate in writing a person to act as Owner's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define Owner's policies and
decisions with respect to GAI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project,
including project objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which Owner will require to be included
in the plan.
C. Assist GAI by placing at GAI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to
completion of the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by GAI, obtain advice of other consultants as Owner deems
appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of GAI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
F. Attend and take leadership role in project progress meetings and other project related
meetings and attend and moderate the public meetings.
G. Give notice to GAI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of GAI's services, or any defect or
nonconformance of the work of any contractor.
H. Contact other departments within the City of Denton and coordinate with them to obtain
record drawings of other utilities, buildings, or infrastructure as needed.
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