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Ord 2010-268 and Signed Contract Laserfiche_RedactedORDINANCE NO. 2010-268 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER WITH GRAHAM ASSOCIATES, INC. PERTAINING TO THE CITY OF DENTON BONNIE BRAE WIDENING AND IMPROVEMENTS PROJECT, RELATING TO DESIGN, ENGINEERING AND RELATED SERVICES FOR SAID PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FOR A TOTAL FEE OF NOT-TO-EXCEED 5,444,253). WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the design and engineering firm of Graham Associates, Inc., a corporation hereafter "GAI") with its corporate office at 600 Six Flags Drive, Suite 500, Arlington, Texas 76011, to provide the City with professional design and engineering services pertaining to the City of Denton Bonnie Brae Widening and Improvements Project, hereafter referred to as the Project;" and WHEREAS, the City staff has reported to the City Council that this project is a major project and there is a substantial need for the hereinabove described professional services by the City of Denton, and that limited City staff cannot adequately perform the specialized engineering and other services and tasks, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council hereby is of the opinion, and finds and concludes that GAI is appropriately qualified under the provisions of the law, to be retained as a design and engineering firm for the City respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the Professional Services Agreement for Architect or Engineer" pertaining to the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement") with the engineering firm of Graham Associates, Inc., a Corporation, for professional design and engineering services pertaining to the 1 Project, as hereinabove described, in substantially the form of the Agreement which is attached hereto as Exhibit "A," which is incorporated herewith by reference. SECTION 3: The award of this Agreement is on the basis of the demonstrated competence and qualifications of the firm of GAI, and the ability of GAI, to perform the professional design and engineering and related services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided for in the attached Agreement is hereby authorized. SECTION 5: This ordinance shall become effective upon its passage and approval. day of , 2010.1 9'PASSED AND APPROVED this the MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2 Signature on file Signature on file Signature on file PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER ! L TH EMENT is made and entered into as of the I L day ofAG 2010, by and between the City of Denton, Texas, a Texas municipal corporation, 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 Desiig~ Plans Task 1: Bonnie Brae Street (City Portion) - 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 constriction plans. Task 2: US Hwy 377 and FM 1515 - Prepare Geometric Design Plans - Plans for this project shall be prepared in accordance with Texas Department of Transportation (TxDOT) design criteria on such a scale (not smaller than 1" = 100') and to such detail as is necessary to resolve major design issues. Design Professional shall prepare geometric plans which will include the following: 1. Horizontal alignment of proposed paving, medians, etc. 2. Vertical alignment of proposed roadway. 3. The project traffic volumes (A.D.T.). 4. Direction of traffic flow on all roadways. 5. An opinion ofprobable construction costs. 6. The approximate location of all existing and proposed driveways within limits of the project. 7. The location of all trees with a diameter of six inches (6") or greater. 8. 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. 9. Approximate dimensions of existing and proposed right-of-way and easements. B. Task 3: Union Pacific Railroad (U.P.R.R.) and Kansas City Southern Railroad K.C.S.R.R.) Permit 1. Horizontal alignment of proposed roadway and track work. 2. Vertical profiles of proposed roadway and track work. 3. Typical sections. 4. Sequence ofwork. 5. Summary of work to be completed by Contractor. 6. Summary of work to be completed by the Railroad. 7. Submitting plans to U.P.R.R. and K.C.S.R.R. for approvals. 8. Pedestrian crossing for the U.P.R.R. and K.C.S.R.R. Preliminary Design Construction Plans Task 1: Bonnie Brae Street and U.S. Hwy 377 and FM 1515 (TxDOT Portion) - 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. Plarr/profrle 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 stone sewer layouts. 12. Preliminary plans water and sanitary sewer layouts only. 13. Pavement design report. Task 3: Union Pacific Railroad and Kansas City Southern Railroad 1. Meetings at Dallas/ Fort Worth Division office. 2. Preliminary engineering required to satisfy U.P.R.R. and K.C.S.R.R. 3. Preliminary work on utility relocations. 2 C. Preliminary Right-of-Way Documents 60% Plans for Bomlie Brae Street - City Portion Preliminary Construction Plans Union Pacific Railroad and Kansas City Southern Railroad. 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: Bonnie Brae Street (City Portion 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. 11. Drainage area maps. 12. Hydraulic computations. 13. Water and sewer plan 14. Culvert layouts. 15. Storm sewer layouts. 16. Utility exhibits. 17. Traffic signal layouts. 18. Illumination layouts. 19. Signing layouts. 20. Pavement marking layouts and delineation. 21. Erosion Control layouts. 22. Cross-sections. The preliminary plans will include water, sewer, and drainage improvements design, and preliminary work on utility relocations. Task 3: - Prepare 60% P.S.&E. Documents for TxDOT for the intersection of Bonnie Brae Street with U.S. Hwy 377 and FM 1515. 3 23. Address 30% continents. 24. Update title sheet with index of sheets. 25. Project layout. 26. Final existing/proposed typical sections. 27. Preliminary plans summary sheets. 28. Preliminary plans traffic control plan. 29. Alignment sheets. 30. Plan/profile sheets for all alignments. 31. Preliminary plans intersection layouts. 32. Miscellaneous roadway details. 33. Final drainage design. 34. Drainage area maps. 35. Hydraulic computations. 36. Preliminary plans water and sewer. 37. Culvert layouts. 38. Storm sewer layouts. 39. Final utility exhibits. 40. Preliminary plans traffic signal layouts. 41. Preliminary plans illumination layouts. 42. Preliminary plans signing layouts. 43. Preliminary plans pavement marking layouts and delineation. 44. Preliminary plans for Erosion Control layouts. 45. Update cross-sections. 46. Update cost and schedule. 47. Subsurface Utility Engineering (S.U,E,) work for utility relocations. D. Task 3: Union Pacific Railroad and Kansas City Southern Railroad 1. Meetings at Dallas/Fort Worth Division office. Final Construction Plans Task 1: Final Design Construction Plans (90% Plans) - Bonnie Brae Street - City Portion. 1. Construction plans. 2. Bid proposal. 3. Special specifications as required. Task 2: Prepare 90% P.S.&E. Documents for TxDOT on U.S. Hwy 377 and FM 1515. 1. Update 60% comments. 2. Update title sheet with index of sheets. 3. Project layout. 4. Existing/proposed typical sections. 4 5. Sumunaiy sheets. 6. Traffic control plan with signing and warning devices. 7. Alignment sheets. 8. Plan/profile sheets. 9. Intersection layouts. 10. Miscellaneous roadway details. 11. Drainage area map. 12. Hydraulic computations. 13. Bridge layouts (includes bridge class box culverts). 14. Culvert layouts. 15. Storm sewer layouts. 16. Utility exhibits. 17. Traffic signal layouts. 18. Illumination layouts. 19. Signing layouts. 20. Pavement markings layouts and delineation. 21. Erosion Control layouts. 22. Cross-sections. 23. Update cost and schedule. 24. Completed general notes, specification data sheets, special provisions, special specifications. 25. Completed contract time determination, other supporting paperwork needed for submittal. 26. Complete project certification forms for right-of-way, encroachment, individual relocation, and utility relocation. E. Task 3: Kansas City Southern and Union Pacific Railroad 1. Coordination with Main Office, and Dallas/ Fort Worth District. 2. Prepare preliminary agreements between K.C.S.R.R. and City.and the U.P.R.R. and City. 3. Subsurface Utility Engineering Plans in the area to determine location of existing utilities to aid in the design of improvements crossing the railroad including drainage. Task 4: Right-of-Way 1. Prepare final right-of-way plans and documents for all streets on the project. 100%Construction Plans Right-of-Wald Specifications Task 1: 100% Bonnie Brae Street - City Portion 1. Revise plans per Owner's review comments. 2. Revise specifications/bid documents per Owner's review comments. 5 3. Revise right-of-way documents per Owner's review comments. Task 2: 100% P.S.&E. for U.S. Hwy 377 and FM 1515. 1. Complete all revisions and additional information requested by the Owner based on conunents received from TxDOT. 2. District certification of local environmental document, right-of-way, encroachments, individual relocations, and utility relocation status form. Task 3: Union Pacific Railroad and Kansas City Southern 1. Any changes to plans requested by Owner per U.P.R.R. and K.C.S.R.R. review. 2. Finalize contracts between Railroads and the City ofDenton for bidding of project. 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 Professional shall submit one (1) set of film reproducibles and an electronic copy of the Record Drawings in a format acceptable to the Owner. 6 SECTION 2 COMPENSATION Total compensation for the Design Professional contemplated under the terms of this agreement shall be $5,444,253.00 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 $2,432,105. 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 ofthe Project: Schematic Design Phase 17.8% Design and Development Phase 38.9% Construction Documents Phase 36.2% Bidding Phase 0.6% Construction Phase 6.5% 100% 2.2 ADDITIONAL SERVICES 2.2.1 For Additional Services the total compensation shall be $2,962,148. Compensation for Additional Services shall be based on actual services authorized and performed with lurnp 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 $50,000.00 without the prior written approval of the Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees, FEMA review fees. 7 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. CITY OF DENTON, TEXAS A Municipal Corporation ATTEST: JENN QER WALTERS, CITY) SECRETARY BY APIVED AS TO LEGAL FORNL- ANITA G S Y A Y BY: \ ATTES . BY: LISA WILEY 8 BY:----- GE RGE C. CAMPBELL CITY MANAGER GRAHAM ASSOCIATES, INC. A Corporation BY- W. JEF WILLIAMS, P.E. PRESIDENT Signature on file Signature on file Signature on file Signature on file Signature on file Exhibit 1 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT ORENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the `Troposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 oftheseGeneral Conditions as modified by theAgreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level ofcare and skill ordinarily exercised by members ofthe same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress ofthe Project. Upon request ofthe Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance ofthe Services which may be adjusted as the Project proceeds, and shall include allowances for periods oftime required for the Owners review and for approval ofsubmissions by authorities havingjurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to bothparties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist ofthose described in Sections 2.2 through 2.6 ofthese General Conditions and include without limitationnormal structural, civil, mechanical andelectrical engineering services and any other engineering servicesnecessary to produce acomplete and accurate set of Construction Documents, as described by and requiredin Section 24. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGNPHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms ofthe other, subject tothe limitations set forth in Subsection5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction ofthe Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting ofdrawings and other documents illustrating the scale and relationship ofProject components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit 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 to the completion ofconstruction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based onthe approved Schematic Design Documents and any adjustments authorized by the Owner in theprogram, schedule or constructionbudget, theDesign Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character ofthe Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as maybe appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval ofthe documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill thepurposes ofthe Project. 2.3.2 The Design Professional shall advisethe Owner ofany adjustments tothe preliminary estimate ofConstruction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, theDesign Professional shall prepare, for approval by the Owner, Construction Documents consisting ofDrawings and Specifications setting forth in detail requirements for the construction ofthe Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions ofthe contract, and theform ofAgreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates ofConstruction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval of governmental authorities havingjurisdiction over theProject. 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owners approval ofthe Construction Documents and ofthe latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Projectthrough any procurement method that is legally applicable to the Project including without Page 1 of 8 H:\MisclBlank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 limitation, the competitive sealedbiddingprocess. Although the Owner will consider the advice ofthe Design Professional, the award ofthe construction contract is in the sole discretion ofthe Owner. 2.5.2 Ifthe construction contract amount for the Project exceeds the total construction cost ofthe Project as set forth inthe approved Detailed Statement ofProbable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality ofthe work so that the total construction cost ofthe Project will not exceed the total construction cost set forth inthe approved Detailed Statement ofProbable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OFTHE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences withthe award ofthe Contract for Construction and terminates at the issuance tothe Owner ofthe final Certificate for Payment, unless extendedunder theterms ofSubsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration ofthe Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City ofDenton special conditions, unless otherwise provided in theAgreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council ofGovernments, current as ofthe date ofthe Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority ofthe Design Professional shall not be restricted, modified or extended without written agreement ofthe Owner and Design Professional. 2.6.4 The Design Professional shall be a representative ofand shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from timeto time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalfofthe Owner only to the extentprovided inthe Agreementand these General Conditions, unless otherwise modified bywritten instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not inprogress, to become familiar with the progress and quality ofthe work completed and to determine ifthe work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed ofthe progress and quality of the work, and shall exercise the Degree ofCare and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies inthe work ofContractor or any subcontractors. The Design Professional represents that he will follow Degree ofCare in performingall Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use ofor payment for all or any part of the Design Professional's Services hereunder or ofthe Project itselfshall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 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 or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge ofacts or omissions ofthe Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions ofthe work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is inpreparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the DesignProfessional. Communications by and withthe Design Professional's consultants shallbe through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site ofthe work and evaluations ofthe Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional'scertification forpayment shall constitute a representationto the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality ofthe Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance ofa Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professionalhas (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for whatpurpose the Contractor has used money previously paid on account ofthe Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation ofthe intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority ofthe Design Professional nor adecisionmade in good faith either to exercise ornot exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions ofthework. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, willbe in compliance withthe requirements ofthe Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction ofthe Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review ofsuch submittals is not conducted for the purpose ofdetermining the accuracy and completeness ofother details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility ofthe Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval ofsafety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval ofa specific item shall not indicate approval ofan assembly of whichthe item is acomponent. When professional certification ofperformance characteristics Page 2 of 8 H:1MisclBlank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 ofmaterials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the ContractDocuments. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data ifdeemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension ofthe Contract Time which are not inconsistent with the intent ofthe Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements ofthe Contract Documents. 2.6.15 The Design Professional shall interpret and providerecommendations on matters concerningperformance ofthe Owner and Contractor under the requirements ofthe Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions ofthe Design Professional shall be consistent withthe intent ofand reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. Whenmaking such interpretations and initial decisions, the DesignProfessional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence ofnegligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress ofthe work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree ofCare; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner ofany fees due, shall not be released from any rights the Owner may have under the Agreement or diminish anyofthe Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets ofreproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writingby the Owner. Ifservices describedunder Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates inwriting that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are notrequired due to the negligence orfault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out suchadditional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed bythe Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program orProject budget; 2. required by the enactment or revision ofcodes, laws orregulations subsequent to the preparation ofsuchdocuments, or 3. due to changes required as a resultofthe Owner's failureto render decision in a timelymanner. 3.3.2 Providing services required because ofsignificant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default ofthe Contractor, by major defects or deficiencies inthe work ofthe Contractor, or by failure ofperformance ofeither the Owner or Contractorunder the Contractfor Construction. Page 3 of 8 H:1MisclBlank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 3.3.6 Providing services in evaluating an extensive number ofclaims submitted by the Contractor orothers in connection with thework. 3.3.7 Providing services inconnectionwith a publichearing, arbitration proceeding or legal proceeding except where theDesign Professional is party thereto. 3.3.8 Providing services in addition tothose required by Article 2 for preparing documents foralternate, separate or sequential bids or providing services in connection withbidding or constructionpriorto the completionofthe Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused ornecessitated inwhole or in part due to the negligent act or omission oftheDesign Professional shall be performed by the Design Professional as a part ofthe Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence ofthe Ownershall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing servicesrelative to fixture facilities, systems and equipment. 3.4.5 Providing servicesto investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing servicesto verify the accuracy ofdrawings or other information furnished by the Owner. 3.4.7 Providing coordination ofconstruction performed by separate contractors orby the Owner's own forces and coordination ofservices required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailedquantity surveys or inventories ofmaterial, equipment and labor. 3.4.9 Providing analyses ofoperating and maintenance costs. 3.4.10 Making investigations, inventories ofmaterials or equipment, or valuations and detailed appraisals ofexisting facilities. 3.4.12 Providing assistance in the utilization ofequipment or systems such as testing, adjusting and balancing preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period ofthe Contract for Construction. 3.4.15 Providing services ofconsultants forotherthan architectural, civil, structural, mechanical and electrical engineering portions ofthe Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those requiredby Subsection 2.6.19, showing significant changes in the work made during con- struction basedon marked-up prints, drawings and other data fumishedby the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or inpart due to the negligent act or omission ofthe Design Professional shall be performed by the DesignProfessional as apart ofthe Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence ofthe Owner shall not limitthe Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNEWS RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 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 related to all ofthese costs. 4.3 Ifrequested by the Design Professional, the Owner shall fumish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. Page 4 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 4.4 The Owner shall designate a representative authorized to act on the Owner's behalfwith respectto the Project. The Owner or such authorized representative shall render decisions in atimely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress ofthe Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations forthe site ofthe Project, and awritten legal description ofthe site. The surveys and legal information shall include, as applicable, grades and lines ofstreets, alleys, pavements and adjoining property and 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 information concerning available utility services and lines, both public andprivate, above and belowgrade, including inverts and depths. All the information onthe survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnishthe services ofgeotechnical engineers when such services are requested bythe Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soilbearing values, percolation tests, evaluations ofhazardous materials, ground corrosion andre- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reportsand appropriate professional recommendations. 4.6.1 The Owner shall famish the services ofother consultants when such services are reasonably required by the scope ofthe Project and are requested by theDesign Professional and are not retained by the Design Professional aspart of its Basic Services or Additional Services. 4.7 When not a part ofthe Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests ofhazardous materials, and otherlaboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf ofthe Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be famished at the Owner's expense, and the Design Professional shall be entitledto rely upon the accuracy and completeness thereof in the absence ofanynegligence onthe part ofthe Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional ifthe Owner becomes aware ofany fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submitsuchto the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope ofthe Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be thetotal cost or estimated cost to the Owner ofall elements oftheProject designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current marketrates oflabor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included formarket conditions at the time ofbiddingand for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation ofthe Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility ofthe Owneras provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional representthe Design Professional's bestjudgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods ofdetermining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate ofConstruction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit ofConstruction Cost shall be established as a condition ofthe Agreement by the firrnishing, proposal or establishment ofa Projectbudget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shallbe permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope ofthe Project and to include in the Contract Documents alternate bids to adjustthe Construction Costto the fixed limit. Fixed limits, if any, shall be increased in the amount ofan increase in the Contract Sum occurring after execution ofthe Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit ofConstruction Cost shall be adjusted to reflect changes inthe general level ofprices in the construction industry betweenthe date of submission ofthe ConstructionDocuments to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP ANDUSE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use ofsuch documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any ofthe information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to theiruse in that project Page 5 of8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 6.2 Submission or distribution ofdocuments to meet official regulatory requirements or for similarpurposes in connection with the Project is not to be construed as publication in derogation ofthe Design Professional's reservedrights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault ofthe Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt ofsuch notice. Before the end ofthe thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of suchnotice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property ofthe Owner upon termination ofthe Agreement and shall be promptly delivered tothe Owner in a reasonably organized form. Should Owner subsequently contract with anew Design Professional for continuation ofservices on the Project, Design Professional shall cooperate inproviding information. 7.2 Ifthe Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. Whenthe Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption ofthe Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. Ifthe Project is abandoned bythe Owner for more than 90 consecutive days, the Design Professional orthe Ownermay terminate the Agreement bygiving written notice. 7.4 Failure ofthe Owner to make payments to the Design Professional for work satisfactorily completed in accordance with theAgreement shall be considered substantial non- performance and cause for termination. 7.5 Ifthe Owner fails to make payment to Design Professional within thirty (30) days ofreceipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days writtennotice to the Owner, suspend performance ofservices underthe Agreement. 7.6 In the event ofterminationnot the fault ofthe DesignProfessional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similarcontributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest ofthe Project, as identified in the following Clauses. 8.2.1.1 Expense oftransportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval ofauthorities havingjurisdiction overtheProject. 8.2.1.2 Expense of reproductions (except the reproduction ofthe sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and otherdocuments. 8.2.1.3 Ifauthorized inadvance by the Owner, expense ofovertime work requiring higherthan regular rates. 8.2.1.4 Expense ofrenderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aideddesign and drafting equipment time when used in connection withthe Project. 8.2.1.6 Other expensesthatare approved in advance in writingby the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule ofwork. 8.3.2 Ifand to the extent thatthe time initially established in the Agreement is exceeded or extended through no fault ofthe Design Professional, compensation fur any servicesrendered during the additional period oftime shall be computed in themanner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions ofthe Project are deleted or otherwise not constructed, compensation for those portions ofthe Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 ofthe Agreement based on (1) the lowest bona fide bid or (2) ifno such bid orproposal is received, the most recent preliminary estimate ofConstruction Cost or detailed estimate ofConstruction Cost forsuch portions ofthe Project. 8.4 PAYMENTS ON ACCOUNT OFADDITIONAL SERVICES Page 6 of 8 H:\Misc\BlankForms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner ofthe Design Professional's statement ofservices rendered or expenses incurred. 8.5 PAYMENTS WTI`fIEIELD No deductions shall be made from the Design Professional's compensation on account ofpenalty, liquidated damages orother sums withheld from payments to contractors, or on accountofthe cost ofchanges in the work other thanthose for which the Design Professional is responsible. ARTICLE 9 INDEIININITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited 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 negligent acts or omissions ofthe Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any ofthe parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits ofnot less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits ofnot less than $100,000 for each occurrence and not less than $250,000 in the 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 with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of notless than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, priorto the effective date ofthe change or cancellation, furnish Owner with substitute certificates ofinsurance meeting the requirements ofthis Article 10. ARTICLE 11 M(ISCELLANEOUSPROVISIONS 11.1 The Agreement shall be governed by the laws of the State ofTexas. Venue ofany suit or cause ofaction under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the writtenconsent ofthe Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions ofthese documents be in conflict so that they can notbe reasonably harmonized, such documents shall be givenpriority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 ofthe Agreement otherthan the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt ofpriorwritten approval of Owner, the Design Professional shall have the rightto include representations ofthe design ofthe Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information ifthe Owner has previously advised the Design Professional in writing ofthe specific information considered by the Owner to be confi- dential orproprietary. The Owner shall provide professional credit for the Design Professional onthe construction sign andin thepromotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release ofthe responsibility and liability ofthe Design Professional, 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 for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 7 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision ofthe Agreement is found ordeemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from 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 strickenprovision with avalid and enforceable provision which comes as close as possible to expressing the intention ofthe stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may nowread or hereinafter be amended during the tern ofthis Agreement. 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 ancestry, age, or physical handicap. 11.11 The captions ofthe Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions ofthe Agreement. Page 8 of 8 H:1MisclBlank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 Graham Associates, Inc.601 CONSULTING ENGINEERS & PLANNERS Exhibit 2 The Design Professional's Proposal October 6, 2010 Mr. Frank Payne, P.E. City Engineer City ofDenton 901-A Texas Street Denton, Texas 76209 RE: Proposal for Professional Services Engineering Design of Bonnie Brae Street Widening and Improvements 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 Bonnie Brae Street. Our staff and sub-consultants proposed for the project are shown in the attached organizational chart (Attachment Q. The summary of fees is shown in Attachment A, which includes both basic and additional services. The estimate of construction costs for Bonnie Brae 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. Respec lly Submitted, W. eff Williams, P.E. President 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 0 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 GA 4J w Q v v V d cd C .d1 N O yya~~ V 0 0 Ln Co o In Ln o 0 0 0 0 0 Ln In t~ Ln n o 0 0 0 0 00 0 0 o N ci cr 00 O L/~ rn rn O M O N 00 00 w LO l0 W (3) In N N Ln Ql C 00 r- 00 nj N i to r-{ lD cT LD N N M m T-4 N M r- tn• rq V? t/? r-I to to H vt 1n r-I t/} in• t/~ • d iN I V 5 u as 0 H 4w c c O O 4-J. . NF~•I ~ ' b.l y wo to~C o 4-1 cwn A w o p u ,~O a, o 04 a a, a o ar W cd o 164 4.4 4-4 V o H v ch a~ b H pq u u V A ~4 GQ A A A P~1 N MINMdiI1C^O h 000 0) w Q 4-d a, a~ WNoy0 GJ ~ Na oW O N O ppq ~ O m I y a~ b O O O 00 0) O 00 O O Ln O 00 00 Ln o M an 00 H m n 00 O O O O N dO O Ln ni m o0 Ln Ln m Ln in "t 00 Ln N PI Vq O N o W to W Ln o m It ~ Od'IMLfdN +n i ~i H in r-I rq m 0) Ln V? v} v~ v~ th v~ v> v} u> v~ N N Lri i N ~ V) to ! 0 bgO ~ p b H y O ray cv ~ ~ p v y 01 Q O c u q H a b 4- N o cn Q- 4-O p c`a y, d •y CL c Ln cn u-1 in q o U ~ u ~ w ~ o 0 o u ~ 464-1 acd A A x H V~ v] P~i Vim' u `I' ui Lei N M ~t' A I O N Exhibit 2 - Attachment B ESTIMATED SHEET TOTALS - CITY PORTION Schedule I - IH-35E to Schedule II - Roselawn Schedule III - Vintage Roselawn Dr Dr. to Vintage Blvd. Blvd. to SH 377 Sheet Description Number of Sheets Number of Sheets Number of Sheets Cover Sheet 1 1 1 Quantity Sheets 7 6 6 Survey Control Layout 5 6 4 Typical Sections 3 5 3 Erosion Control 9 10 7 Erosion Control Plans 0 1 0 Erosion Control Details 0 2 0 Traffic Control 15 16 12 Paving Plan/Profiles 22 13 15 Intersection Grading Plan 2 1 0 Intersection Layouts 0 1 0 Driveways 5 2 2 Bridge Plans 0 57 38 Retaining Walls 4 4 4 Drainage Area Map 3 2 2 Runoff Computations 2 2 2 Inlet Computations 2 2 2 Storm Drainage Computations 3 2 2 Drainage Plan/Profiles 18 10 14 Drainage Laterals 2 2 3 Channel Grading 2 4 3 Street Lights 9 8 7 Pavement Markings & Signage 9 8 7 Traffic Signals 24 7 0 Details 76 56 54 Subtotal Number of Sheets -223 228 188 Cross-Section Plans Cover 1 1 1 Cross-Sections 54 39 47 Subtotal Number of Sheets =55 40 48 Total Number of Sheets =278 268 236 Total Number of Sheets for City Portion =782 Exhibit 2 - Attachment B ESTIMATED SHEET TOTALS - TXDOT PORTION US Highway 377 (Fort Worth Drive)FM 1515 & IH 35E Sheet Description Number of Sheets Number of Sheets Title Sheet 0 1 Index of Sheets 0 2 Typical Sections 2 4 Sheet Quantities 0 9 Earthwork Quantities 0 1 Traffic Control 6 10 Traffic Control Details 14 14 Removal Layout 2 4 Survey Control Data 1 1 Centerline Control 1 1 Paving Control 1 1 Paving Layout 2 2 Paaving Plan/Profiles 2 4 Driveway Details 0 1 Intersection Layouts 1 2 Roadway Details 3 11 Retaining Wall Key Maps 0 1 Retaining Wall Layout 0 8 Retainign Wall Details 0 10 Drainage Area Maps 2 4 Runoff Computations 1 2 Storm Sewer Computations 0 2 Culvert Computations 1 0 Storm Sewer Plan/Profiles 0 4 Storm Sewer Laterals 0 2 Ditch Plan/Profiles 4 0 Culvert Plan/Profiles 3 0 Drainage Details 5 16 Existing Utilities 2 4 Signing Layout Sheets 2 3 Signing Details 6 14 Pavement Markings 2 3 Pavement Markings Details 2 5 Traffic Signals 7 10 Traffic Signal Details 4 10 Erosion Control Plans 4 4 Erosion Control Details 2 7 Cross-Sections 4 8 Total Number of Sheets =86 185 Total Number of Sheets for TXDOT Portion = 271 Exhibit 2 - Attachment 6 City Right-Of Sheet Description Cover Sheet Parcel Summary Right-Of-Way Map Sheets Right-Of-Way Strip Maps Way Strip Maps Number of Sheets 1 5 26 Total Number of Sheets = 32 TXDOT Right-Of-Way Strip Maps Sheet Description Number of Sheets Cover Sheet 1 Right-Of-Way Map Sheets 2 Whole Property Sheet 1 Property Data 1 Point of Beginnign Location Date 1 Total Number of Sheets = Total Number of Sheets for All Plan Sets = 1091 U •C C U W N E co V d O L IL E O i C. E V co 0 i m O m 9 b p p<i U 9 a q' 'V d d U. --O t~ I I I e i w o I oaw ~ w~ I Exhibit 2 Attachment D Estimate of Construction Costs Bonnie Brae Street Summary Paving, Traffic Control, Retaining Walls (City Portion)17,777,875.00 Roark Creek Bridge 2,627,625.00 Hickory Creek Bridge 6,361,375.00 U.P.RR (At Grade Crossing)875,000.00 K.C,S. RR (At Grade Crossing)875,000.00 Traffic Signals (City Portion) $1,360,000.00 Drainage (City Portion) $3,634,438.75 Street Lights (City Portion) $1,288,811.00 Pavement Markings (City Portion) $446,368.00 Landscaping & Irrigation $0.00 Enhancements $0.00 U.S. Hwy 377 Intersection $1,459,178.72 Vintage Boulevard Intersection $914,288.75 F.M. 1515 Intersection $3,370,029.10 Water $0.00 Sewer $0.00 Total $40,989,989.32 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 BONNIE BRAE STREET 11UPROVEME, NTS FOR THE CITY OF DENTON GENERAL: The City of Denton 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. Prepare preliminary bridge layouts for each of the creek crossings. 6. 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 ifnecessary. 7. Attend a meeting with the Owner to discuss the alignment alternatives and recommendations. 8. Upon approval of alignment and schematic design, GAI shall develop a geometric alignment for F.M. 1515 and Bonnie Brae intersection in accordance with TxDOT requirements. 9. 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, bridge layouts and hydraulic computation sheets for Bonnie Brae and the following intersections: a) U.S. Highway 377 b) Vintage Blvd. c) F.M. 1515 10. Prepare plans for on grade railroad crossing for the following two(2) railroad crossings; A) Union Pacific Railroad; B) Kansas City Southern Railroad. The plans shall be in accordance with the City's and the Railroad's standards and requirements. Submit and coordinate during the review process. B. Preliminary Design (60%) - Upon review of the 30% plans by the Owner, GAI will prepare preliminary construction plans as follows: 1. 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. Prepare preliminary drainage sheets including drainage area maps, plan and profiles, and hydraulic computations. 4. Initiate coordination ofutility 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. Prepare bridge layout, typical sections, foundation layout, abutment plan, and beam and bent plans. 6. Hydraulic Design of the Bridges and Culverts a) 60% Design Submittal: Update hydraulic design of bridges and culverts as necessary to reflect roadway design and to address Owner comments. i) Update hydraulic models of bridges and culverts as necessary to reflect 60% roadway design. ii) Preparation of Bridge Scour Analyses for each of the creek crossings. iii) Update the following sheets as necessary for 60% submittal: 1) Drainage Area Maps 2) Hydraulic Computations 3) Culvert Layouts 4) Hydraulic Data Sheets for Bridges 7. Prepare plan/profile and construction details for retaining walls and necessary shoring design. 8. Prepare Construction Phasing Plan including pavement phasing, transition segments, and construction detour plans. Develop construction phasing typical cross sections at key locations. 9. Prepare traffic control plans based on the construction phasing in accordance with AASHTO and the City ofDenton. 10. Prepare a preliminary estimate ofprobable construction cost and submit with four (4) sets of plans for review. 11. 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. 12. Submit preliminary plans to utility companies for review and comment. Attend a preliminary coordination meeting with the franchise utility companies. 13. 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, bridge, MSE retaining walls, drainage, traffic signal, at grade railroad crossings and City utility improvements. 2. This includes the final hydraulic design of bridges and culverts including scour analyses for the proposed bridges as necessary, and preparation of plans, specifications, and estimates, a) Final Design Submittal W 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)Hydraulic Data Sheets for Bridges 5)Detail Sheets (special and standard details) 6)Notes 7)Final grading layouts 8) Quantities for bid proposal 9) Technical specifications for bridge and culvert construction 3. 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. 6. 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. 1. Print thirty (30) 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 constriction. Additional sets of documents can be provided as an additional service. 6. 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. 8. 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 of the 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 Bonnie Brae Street from IH-35E to US 377. 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 stonn 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 five creek crossings for hydraulic modeling. The limits of the survey will extend 500' upstream and downstream fiom 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. Work with USACE to resolve impacts and potential mitigation. 3. Prepare 404 Permit Application and submit to USACE. 4. Coordinate with USACE through the permit process. C. Hydraulic Analysis Services - The drainage design services for this project are broken up into two phases: preliminary and final design. Preliminary design includes a drainage study and alternatives analysis for all cross-drainage associated with the roadway, including bridges and culverts. Final design includes preparations of plans, specifications, and estimates for the hydraulic design of bridges and culverts. Bridge scour analysis will be performed as part ofthe final design services. Preliminary Phase GAI shall perform hydrologic and hydraulic computations to develop preliminary sizing of the bridges and/or drainage structures for each of the creek crossings. The deliverable of this phase shall be a drainage study to serve as the basis for final design of the drainage structures. As part of this phase, GAI shall perform the following tasks: a) Meetings - GAI shall plan, coordinate, attend, facilitate, and document meetings, as required, to discuss and coordinate various aspects of the project. Up to three (3) meetings are anticipated as part of the preliminary phase: i) One (1) drainage study kickoffmeeting with Owner staff to discuss the drainage study ii) One (1) drainage study interim review meeting to discuss interim results and select alternatives for bridge and culvert design sizes. iii) One (1) drainage study final meeting to present results of drainage study. b) Data Collection - In addition to data provided by Owner, GAI will research and obtain pertinent information necessary for drainage study including the following; i) Perform a site visit to verify location and condition of existing drainage structures and observe local drainage patterns of the project alignment. ii) Obtain effective hydrologic and hydraulic models from FEMA and Owner for each of the creek crossings. iii) Existing drainage masterplans and hydraulic models as available from the Owner. iv) USDA soils information, land use maps, and other GIS data necessary for hydrologic computations. v) Digital aerial topographic and photographic information, latest edition available. vi) Coordinate with Surveyor to obtain final layout of surveyed cross- sections for hydraulic modeling. c) Hydrology and Hydraulics - GAI shall develop existing and proposed conditions hydrologic and hydraulic models of the existing conditions drainage structures, as needed. GAI will utilize existing hydrologic studies for fully developed watershed conditions as available and applicable. i) All calculations shall follow at a minimum the standards and procedures as outlined in the Denton Drainage Criteria Manual dated February 2002. ii) Roadway geometry including horizontal and vertical alignment will be based on schematic developed by GAI. iii) Create fully developed hydrology models based on the current City of Denton land use projections using HEC-HMS for drainage areas greater than 200 acres. Peak discharges for drainage areas less than 200 acres will be calculated using the Rational Method. iv) Create existing conditions hydraulic models using HEC-RAS and Culvertmaster for existing culvert and bridge crossings along the project alignment, v) Create proposed conditions hydraulic models for proposed bridges. Up to three (3) alternative configurations for each bridge will be modeled. The initial goal of the bridge configurations will be to develop no-rise, 100-year bridges, for fully urbanized watershed. Other alternatives will be investigated as necessary to meet other design or budgetary constraints. vi) Create proposed conditions hydraulic models for culverts. Up to two 2) alternative configurations for each culvert will be modeled. vii) Conceptual OPCC - Determine concept level (order of magnitude) probable construction cost for each alternative considered. The OPCC is to be utilized as a tool in selecting proposed size and design alternatives for final design. d) Drainage Study Report - Document results of drainage study in bound report. The drainage study will serve as basis for final design of bridges and culverts. i) Provide four (4) bound copies of draft report to the Owner for review. Electronic copy (PDF) of report and digital models will also be submitted. ii) Incorporate Owner comments into final report and provide four (4) bound copies of final report to the Owner for review. Electronic copy PDF) ofreport and digital models will also be submitted. 2. Preparation of CLOMRs for two bridges. 1) Submit two (2) copies ofDraft CLOMR to Owner for review. 2) Incorporate comments and submit CLOMR to FEMA. 3) Coordinate with FEMA as necessary to acquire approval of CLOMRs. 3. Preparation of LOMRs for two bridges. This phase shall include the preparation of two (2) LOMRs to FEMA. If FEMA requests more than two (2) LOMRs, the additional LOMR submittals shall be considered Extra Services. Review fees of any kind fiom city, state, federal or other sources will be paid by the Owner and are not included in this proposal. This scope assumes that the project is constructed to match the CLOMR and final construction plans, so if substantial changes occur during construction, additional services could be required to achieve the original intent of the CLOMR. 1. As-Built Survey - Upon construction completion of the project, necessary field surveys will be completed for as-built hydraulic model verification. 2. Hydraulic Models - Final hydraulic models will be prepared for each stream crossing based on the as-built field survey. LOMR Report and FEMA Submittal - Prepare two (2) draft copies of each FEMA submittal for review by Owner, address Owner comments, and submit one (1) final copy to FEMA and one (1) final copy to Owner for each LOMR. Coordinate with FEMA as necessary to acquire approval of LOMRs. D. Traffic Signals 1. Prepare permanent traffic signal plans for I.H. 35, F.M. 1515, Corbin Road, Willowwood, Roselawn, Vintage, and U.S. 377 for a total of seven (7) intersections. The construction plans shall include: a)Signal Layouts b)Phase Diagrams c)Wiring Diagrams d)Quantities and Charts e)Standard Details f)Specifications 2. Temporary traffic signals shall be provided for the I.H. 35 frontage road (2 locations) and F.M. 1515 (3 total installations). The construction plans shall include: a) Temporary signal layouts b) Quantities and Charts c) Standard Details E. Geotechnical Engineering and Pavement Design (LandTec/Alpha) 1. Bridge _ Borings for Roark Branch and Hickory Creek: Drill 14 borings to depths of approximately 50 to 75 feet for foundation bearing, assuming drilled shafts will support the bridge. (Estimated 920 linear feet of drilling). 2. Retaining Wall Borings: Based on 4000 linear feet of wall, drill 20 borings to depths of approximately 40 feet. (Estimate 800 linear feet of drilling). 3. Pavement and Utility Borings: Drill 20 borings to depths of 20 feet. (Estimate 400 linear feet of drilling). Borings from bridge and retaining wall will supplement the pavement and utility borings. 4. Intersection Improvements at US 377, FM 1513, Allred Road, Hamilton Street, Vintage Blvd. and Corbin Road: Drill 5 borings to depths of 20 feet. (Estimate 100 linear feet of drilling). 5. Obtain soil samples and perform Texas Cone Penetrometer (TCP) and Split Spoon Tests SPT) as appropriate for the soils encountered. 6. Perform Dynamic Cone Penetrometer (DCP) tests to evaluate pavement subgrade strength and develop California Bearing Ratio (CBR) values; Effective Modulus of Subgrade Reaction, k, values, and, resilient modulus values for the anticipated pavement subgrade soils. 7. Observe for groundwater seepage during drilling and record level. 8. Backfill boreholes with cuttings upon completion (not grouted). 9. Coordinate the clearance of underground utility locations in accordance with the Texas 811 One Call requirement and as-built information obtained by prime as part of the project at a minimum. 10. Coordinate with the local municipality while drilling on or adjacent to public roads, including traffic control and barricades as necessary. 11. Selected laboratory testing will be conducted on samples that are considered to be reasonably representative of the materials obtained from the field exploration. The tests will evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. The tests include a) Soil classification tests including Atterberg limits (liquid and plastic limits) and Sieve Analysis tests b) Unit dry weight and moisture content tests c) Unconfined Compressive Strength tests on soil and rock d) Unconsolidated Undrained (UU) Triaxial strength tests e) Direct Shear and/or Consolidated Undrained Strength tests f) Consolidation tests g) Optimum Moisture-Density Curves (Standard and/or Modified Proctors) h) Swell tests i) Atterberg Limits / pH series tests on pavement subgrade soils with one or more stabilization additives including Lime, Cement and Cem-Lime j) Soluble Sulfate tests (subgrade soils upper 4 feet) 12. An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided is as follows: a) Plan of borings illustrating the approximate location of each boring and scale to which the drawing is made b) A log of each boring indicating the boring number, location (northing, easting and elevation as provided by Graham Associates, Inc.), depth of strata, soil description, field penetration tests including Standard Penetration tests (SPT's) and/or Texas Cone Penetrometer (TCP) , laboratory tests, and groundwater information c) Description of the field exploration and laboratory testing program d) Laboratory test results and analysis of results e) Discussion of subsurface soil and groundwater conditions f) Recommendations for the bridge foundation type, depth, allowable loading and side shear values g) Recommendations for the retaining wall lateral earth pressures and drainage requirements h) Recommendations for roadway and embankment fill material including soil type, compaction and moisture content requirements, placement and testing during construction i) Recommendations for removal and/or improvement of soft soils (if encountered) within the floodway where embankments will be constructed j) Provide subgrade and pavement design for Bonnie Brae Street and sections of the intersecting streets using field and laboratory test data, traffic volume and desired pavement design life. Pavement design analysis will be performed using the AASHTO pavement design procedure, specifically using WinPAS software and will match the design procedures used for the City of Fort Worth. k) Ten (10) copies of the geotechnical engineering report will be provided to the design team along with PDF and CD versions. F. Subsurface Utility Engineering (Goirondona and Associates) 1. SUE work required for this project will be conducted in general accordance with the recommended practices and procedures described in ASCE Publication CI/ASCE 38- 02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). The quality levels used on this project are as follows: a. Quality Level B - Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot, b. Quality Level A - Also known as "locating", this quality level provides precise three dimensional (x,y,z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. 2. The work areas include the intersection with US Hwy 377 (including the UPRR crossing), the intersection with FM 2449, the section of FM 1515 to III 35E, and the KCS Railroad overpass area. SUE drawings signed and sealed by a Texas Professional Engineer will be provided to be included in the Graham Associates plans for TxDOT and railroad submittals in these four (4) areas. The four specific work areas for QL "B" SUE are described as follows: a) Intersection ofUS 3771 UP RR: along proposed Bonnie Brae St from 200' west ofUS 377 to 200' east ofUP RR, within the US 377 right of way 800' in each direction from propose Bonnie Brae centerline and within the UPRR right of way a distance of 150' in each direction. b) Intersection ofKCS RR: along KCS right of way a distance of 500' in each direction from Bonnie Brae CL. c) Intersection of FM 1515 (Airport Rd) IN 35 E: along proposed Bonnie Brae right of way from station 207+00 to 215+00 (south bound 111 -13 5 fi•ontage road), Crossing IH 35 E along existing bridge, and along the parkway along the north bound frontage from Bonnie Brae to the south 500'. G. Environmental Services (Blanton & Associates & GAI) The following environmental services shall be performed in support of the Bonnie Brae Street Improvements Project: 1. Compile existing data and perform an initial desktop analysis of environmental conditions of the project area. Prepare maps and other data necessary for site visit. 2. Conduct site visit. Verify and characterize the City's mapped Environmentally Sensitive Areas (ESAs) in the area affected by the proposed project. Perform a preliminary jurisdictional determination to identify and delineate boundaries of waters of the U.S., including wetlands. Make note of areas of potential environmental contamination within the project area that may warrant further investigation. Evaluate the project area for federally listed threatened or endangered species habitat. 3. Prepare a draft of the North Central Texas Council of Government's (NCTCOG) Environmental Review Checklist for the Owner's review and comment. Incorporate comments and submit the revised checklist to the NCTCOG through the Owner for review and comment. 4. Coordinate with cultural resources sub-consultant. Review and provide comments on draft cultural resources report. 5. Coordination with NCTCOG. This task would include answering questions and providing additional information through the Owner if requested by the reviewing agencies. This task assumes a maximum of three requests for clarification and information. Contested application proceedings and requests for multiple site visits are not included in this task. 6. If the preliminary jurisdictional determination results indicate that the impact to the waters of the U.S. exceeds 0.1 acre but is less than 0.5 acre, or if a jurisdictional wetland is identified within the affected area, then GAI will prepare a draft preconstruction notification (PCN) for coverage of road crossings. Submit the draft PCN to the Owner for review and comment. Incorporate comments and submit the revised PCN to the U.S. Army Corps of Engineers (USACE) for verification. This task assumes that any required compensatory mitigation for impacts to waters of the U.S. would be satisfied by the Owner's purchase of mitigation bank credits. Preparation of a detailed mitigation plan is not included in this task. 7. Historical Land Use Review - Perform an investigation into prior ownership and past land uses on the subject property. GAI will attempt to identify obvious uses of the subject property from the present back to the property's first developed use, or back to 1940, whichever is earlier. To accomplish this task, GAI will review the following records (if available): i) Interviews with City representatives and property owners/tenants. ii) Historical aerial photography. iii) City directory abstracts. iv) Sanborn fire insurance maps. v) Recorded environmental easements or liens on the subject property. 8. Regulatory Agency Records Review GAI will review information found in federal and state regulatory records for the subject property, including records related to environmental-related permits, notices-of-violation, and incidents involving use, disposal, or accidental release of hazardous substances, petroleum products, or other waste materials. Local records, if available, related to the subject property will also be reviewed for indications of environmental concern. 9. Site Reconnaissance Visit - GAI will perform a site reconnaissance visit to the subject property. Existing environmental conditions will be documented on the site. GAI will look for potential indicators of environmental concerns such as stained soils or other surfaces, stressed vegetation, exposed piping, and evidence of improper use or disposal of regulated substances. GAI will document the condition of each property using photographs. Copies of photographs will be included in the report. 10. Report Preparation - Following the completion of Tasks a) through b), a report will be prepared for the subject property documenting our findings. The report will contain a narrative of our findings, recommendations for additional environmental investigations, as needed, and copies of all data obtained relevant to each subject property. The report will contain appropriate maps, figures, and photographs. 11. Conduct an archaeological evaluation and submit a Request for State Historic Preservation Officer (SHPO) Consultation Form to the Texas Historical Commission THC). In addition to the information available through online databases, a review of projects conducted by AR Consultants (ARC) and other contract archaeological firms in or near the project area as well as information that may not be available from Texas Archeological Studies Association (TASA) but will be available from the University of North Texas will be synthesized in the evaluation. Additionally, an employee of ARC will visit the project area to take photographs and conduct a windshield survey of the study area. A letter report is to be provided to the Owner that presents the findings of the research and recommendations regarding the archaeological potential for the project and how to proceed. Once the Owner comments on the letter report, ARC will submit a letter report to the THC for their 30-day review period. The evaluation will include a database search of the following resources: Texas Archaeological Site Atlas, historic maps, USGS maps, aerial photographs, geological maps, county soil surveys, Denton County Appraisal District. 12. If a survey is required, secure an archaeological survey permit from the Texas Historical Commission (THC). This will require obtaining the signature of an official with the City of Denton. 13. Conduct a comprehensive cultural resources pedestrian survey of the proposed roadway. Besides the systematic survey of the proposed route, it is assumed that 75 or more shovel tests will be excavated in order to meet the guidelines for pedestrian surveys published by the Texas Historical Commission. Each shovel test will be 30 cm in diameter and will be excavated in 10 cm levels. Soil from the shovel tests will be passed through '/a" mesh shaker screens. If the clay content of the sample is too high, the soils will be manually broken and inspected. Due to the depth that the roadway will be excavated and the shallow depth of the A- horizon above the pre-Holocene sediments that are described by the Soil Conseivation Service, it is not expected that mechanical trenching will be necessary. 14. Site boundaries, i.e. the limits of any archaeological sites or structures that are recognized during survey and testing will be defined on the horizontal plane and deposit depth will also be defined as necessary, 15. Perform detailed artifact analysis if artifacts are recovered and then prepare a draft technical report. 16. Records and artifacts will be prepared for curation at the Texas Archeological Research Laboratory (TARL) at The University of Texas. The cost of records curation is included in the proposed cost, but if artifacts are recovered, their preparation for curation and the cost of perpetual curation will be negotiated with TARL and will be an additional services item. 17. The draft written report will be submitted to the Owner. After comments have been addressed, it will be submitted to the THC and Corps of Engineers (COE) for review and comment. The report will meet the standards for cultural resource reports prepared by the Council of Texas Archeologists (n.d.) and adopted by the THC. The THC will serve at the official reviewer for the COE, but a copy of the draft report and cover letter will be submitted to the COE for their review. 18. Revisions of the draft report will be prepared after it has been reviewed and review comments have been addressed. Once a final draft has been prepared, it will be resubmitted to the Owner for review and then again to the THC and COE. 19. Curation of records and artifacts will be completed in order to satisfy the permit requirements. 20. The final technical report will be printed and the necessary copies submitted to the Owner, the COE, and the THC. One copy of the final report and an archival quality CD will be submitted to the THC as required by the permit and five copies of the final technical report and an archival quality CD with the report will delivered to the Owner. H. 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 30 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 ofthe 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 if the submittal has not been approved by GAI. 5. 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. d. 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 fiom 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 fiurrished 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 of Authority of Resident Project Representative: a. Shall not authorize any deviation fi-om 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. 1. Right-of-Way Services (Crossland Acquisitions ) 1. Pre-Acquisition Services: a) Hire a title company to provide preliminary ownership and easement information. b) Work with surveyor in development of right of way maps and legal descriptions of needed property rights. c) Provide detailed right of way cost estimates on a parcel by parcel basis. d) Assist in preparing and obtaining any Rights of Entry necessary for surveying, geotechnical investigations and environmental services. 2. Title Services: a) Review preliminary title commitment or preliminary title search information provided by the title company. b) Secure title commitments and updates in accordance with insurance rules and requirements for parcel payment submissions. c) Secure title insurance for all parcels acquired, insuring acceptable title in the name of the City of Denton. Written approval by the City of Denton will be required for any exceptions to coverage. d) Attend closings and provide closing services in conjunction with Title Company. e) Record all original instruments immediately after closing at the respective County Cleric's Office 3. Initial Appraisal: a) Appraiser must be approved by the City ofDenton. b) Secure written permission from the owner to enter the property from which land is to be acquired. If Agent, after diligent effort, is unable to secure the necessary letter of permission from the property owner, a waiver must be obtained, in writing from the City ofDenton. Maintain permission letters with appraisal reports. c) Prepare and conduct personal pre-appraisal contact with interest owner(s) for each parcel. d) Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property. Maintain record of contact in file. e) Prepare complete appraisal report for each parcel to be acquired utilizing a format approved by the City of Denton. These reports shall conform to the City of Denton policies and procedures along with the Uniform Standards of Professional Appraisal Practice. fl As necessary, prepare written notification to the City of Denton of any environmental concerns within the needed right of way to be acquired which could require remediation. g) All completed appraisals will be administratively reviewed and approved by the City ofDenton. h) As necessary, the appraiser will appear and or testify as an Expert Witness in eminent domain proceedings and be available for pre-hearing or pre-trial meetings as directed by the City of Denton. 4. Right ofEntry: a) Prepare Right of Entry packets to include Landowner Bill of Rights, maps and paperwork to be executed. b) Mail merge ROE letters and labels for envelopes and file folders. The agents with prepare and stuff envelopes for out of town owners or owners who have indicated that they want to receive all of their initial information via mail. c) The agent will initiate negotiator and contact logs and attend landowner meetings for ROE documents. The agent will research additional contact information for nonresponsive landowners. 5. Negotiation Services: a) Analyze appraisal reports and confirm approved value prior to making offer for each parcel. b) Analyze preliminary title report to determine potential title problems and propose methods to cure title deficiencies. c) Prepare the initial offer letter and any other documents required or requested by the City of Denton in a form acceptable to the City ofDenton. d) Contact each property owner or owner's designated representative and present the written offer in person where practical. When owners do not wish to have offers delivered in person, they will be mailed via certified mail with return receipt for documentation of delivery/receipt. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. e) Provide a copy of the appraisal report for the subject property exclusively to the property owner or authorized representative at the time of the offer. Maintain original signed Receipt of Appraisal. fl Respond to property owner inquiries verbally and/or in writing within two business days. g) Prepare a separate negotiator contact report for each parcel file for each contact. h) Maintain parcel files of original documentation related to the purchase of the real property or property interests. i) Present counteroffers in a form as directed by the City of Denton. Transmit any written counteroffer from property owners including supporting documentation, and Agent's recommendation with regard to the counteroffer. j) Prepare final offer letter as necessary. k) Appear and provide Expert Witness testimony when requested. 6. Relcoation Services: a) Notify all property owners and potential displacees of eligibility for relocation assistance and provide them with a Relocation Assistance Brochure at time of initial contact. If possible, advise displacee of preliminary relocation benefits at this time. b) Contact and provide relocation assistance to property owners and tenants affected by acquisition of right of way. c) For residential relocations; locate, evaluate, and maintain files on comparable available housing. d) Calculate replacement housing supplement benefits. e) Compute and submit request for relocation housinghental supplement to the City of Denton along with supporting documentation. fl Provide 90-day notice to vacate simultaneously with the delivery of the relocation benefits package. g) Sixty days later or upon acquisition ofthe parcel, whichever occurs later, issue a 30 day letter. h) Notify the City of Denton immediately if displacee does not move after 30- day notice expires. i) Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with the City of Denton. j) Prepare moving plan with appropriate photos and sketches along with inventory of personal property to be moved for non-residential moves. k) Request moving estimates from moving companies as needed. 1) Coordinate moves with displaced homeowners, business owners, and tenants and with moving companies in accordance with the City of Denton procedures. m) Maintain relocation contact logs. n) Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed. o) Process and compute increased interest payments as required. p) Relocation agent shall be available for any appeals or hearings. q) Prepare all relocation payment claim submissions for all displacees on parcel. r) Deliver payments in accordance with the City of Denton guidelines. 7. Condemnation Support: a) Pre-Hearing Support i)Upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company. ii)Prepare a condemnation package as directed by the City of Denton and deliver the package to the City of Denton's designee or legal counsel. iii)Upon notification from the City of Denton request the update of appraisal. iv)Upon receipt of condemnation packet documents prepared by Counsel for the City of Denton, Agent will file the original petition with the County Court at Law or other appropriate Court for a cause number to be assigned. v)File the Lis Pendens including the cause number with the County Clerk's Office. vi)Upon assignment of a court, file the Order Appointing Commissioners with the judge retaining a copy ofthe Order for the files. vii)Following appointment of Commissioners by the judge, secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, and 2 copies of the Notice of Hearing signed by the Commissioners. viii)File all originals with the court and send copies marked "copy" to Counsel for the City ofDenton. ix)Send a copy of the petition to the Title Company so that they can assure all required parties were joined and that no changes in title have occurred. x)Set the Commissioners Hearing after the updated appraisal has been submitted, if there is no change in value. If there is an increase in value, upon approval by City of Denton make a revised final offer and submit a copy of the revised final offer letter. xi)Reserve a room for the hearing. xii) Coordinate the hearing date with Counsel for the City of Denton, the Appraiser, the Engineering witness, the three Special Commissioners, the court reporter and any other parties designated by the City of Denton. xiii) Coordinate a pre-hearing conference if required by Counsel for the City ofDenton. xiv) After the hearing is set, serve Notices of Hearing to the indicated parties at least 11 days prior to the Commissioner's hearing. If it is necessary to join the Federal Government, be advised that they must be served not later than 60 days prior to the date of the hearing. xv) Once the notices have been served, file the original notices with the court and send copies stamped "copy" to Counsel for the City of Denton. xvi) Send a reminder letter to all parties. b) Post-Hearing Support G) Obtain the signatures of Commissioners and file with the court for the judge's signatures within two days the Hearing. ii) Obtain and distribute to Counsel for the City of Denton certified copies of the award. iii) File payment of the award in the registry ofthe court. File a Notice of Deposit with the court and send certified copies to each defendant notifying them of the date of the deposit. The Date of Deposit is the Date of Take. iv) Take photographs of the interest to be acquired on the day of deposit. v) Send written notices of the date of deposit to all interested parties. vi) Appear as Expert Witness as requested. 8, Project Administration a) Maintain current status reports of all parcel and project activities and provide monthly or as requested to GAI and the City of Denton. b) Participate in project review meetings as determined by GAI and the City of Denton. c) Provide copies of all incoming and outgoing correspondence as generated if requested. d) Maintain copies of all correspondence and contacts with property owners. J. Geotechnical Materials and Construction Testing (Landtec & Alpha Testing) Testing shall be conducted based on the latest requirements of the City ofDenton and the North Central Texas Council of Governments. Testing shall be performed for the following: 1. Site Preparation, Filling, Back Filling 2. Utilities 3. Mechanical Lime Stabilization 4. Pier Installation Monitoring 5. Concrete Testing 6. Hot Mix Asphalt Concrete Testing K. Traffic Engineering (Freese and Nichols) Part 1. Preliminary Schematic Layouts for alternative to a T-intersection at the intersection of Airport Road (F.M.1515) at Bonnie Brae. Geometric layout of the alternative is necessary to confirm that the proposed loop ramp and directional roadways can be realistically configured, horizontally and vertically, within the current TxDOT design for the IH 35E/111 35W interchange. The alternative design concept will need to be promoted to TxDOT as a viable and desirable alterative. Task 1.1. Provide sketch diagrams of the proposed layout of a "Directional Roadway" Alternative, indicating approximate dimensions for turn bays and any loop ramps or weaving sections. Task 1.2. Meet up to 5 times and review provided materials as needed to develop and refine the preliminary design ofthe Bonnie Brae Street/Ahport Road Interchange. Task 1.3. Meet up to two (2) times with the Design Team and TxDOT to try to get TxDOT's concurrence with the preliminary interchange as part of future I-35W improvements and to fund its design and construction. Part 2. Alternatives Analysis. Traffic operational analysis will need to be conducted on the proposed alternative intersection and the current proposed TxDOT design to show the deficient traffic operations during peak hours and during special events at the new stadium for the current TxDOT design configuration. The analysis will need to use complex traffic models that can simulate the complex arrangement of connecting traffic movements at sufficient detail to assess the delays to each major movement of the proposed alternative. Upon approval of Part 1 by the City of Denton, analyze the following two alternative configurations for the intersecting roadways of Bonnie Brae and Airport Road (F.M. 1515) considering options for: T-intersection of Airport at Bonnie Brae, and directional roadway" interchange providing a directional ramp from NB IH35W sei vice road to WB Airport Road and continuous flow-type intersection ofAirport Road with Bonnie Brae Street. Consideration must be given in both alternatives to the potential need for "changeable flow" lanes on Bonnie Brae Street to accommodate event traffic. Task 2.1. Develop design traffic volumes for analysis. Using TxDOT-developed ADT volumes, information from the Traffic Impact Assessment for the UNT new stadium, and current traffic data generate peak hour volumes for use in the operational analysis of typical weekday operations and a special event on a Saturday at the new stadium. Prepare one-line diagrams of directional design volumes and submit to City of Denton and TxDOT for review and approval. Task 2.2. Request review comments on the sketch diagrams of the alternatives and obtain concurrence on up to four operational configurations for analysis and on the proposed evaluation methodology and criteria. Develop operational analysis of each alternative using computerized traffic modeling. Develop models for the AM Peak Hour, PM Peak Hour and for one hour of an event. Provide avi files ofthe animation of traffic simulation of the alternatives. Summarize the operational characteristics ofthe alternatives. Task 2.3. Prepare a draft report of findings and submit one copy each City ofDenton and TxDOT, including a DVD with avi files ofthe simulation ofthe alternatives. Task 2.4. Meet with City of Denton and TxDOT to review the findings ofthe analysis. Task 2.5. Modify analyses, evaluations and summary of findings based upon review comments fiom City of Denton and TxDOT. Document the comments and the response to the comments. Task 2.6. Prepare a final report of findings and submit one copy each to City of Denton and TxDOT, including a DVD with avi files ofthe alternatives. 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 of Denton 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. J. 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 govermnent 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 farnished by GAI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. 0. Performing investigations, studies, and analysis of work proposed by constriction 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 ofthe 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 ofthis 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 consti action 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 GAT, 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 ofthe 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. 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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 1 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 II 80.00 Landscape Architect I 66.00 Lic. Irrigator 70.00 CAD Technician 70.00 Clerical 60.00 Blanton and Associates, Inc.: Senior Project Manager 136.47 Senior Scientist 108.39 Env. Scientist/Planner 103.89 Cartography 87.38 Env. Tech 81.54 CADD Tech 72.82 Secretary 65.02 Clerical Staff 48.06 Other Direct Expenses Mileage 500 (mile) Standard Postage 42 (letter) Overnight Mail-letter size 16.00 each Overnight Mail - oversized box 40.00 each Photocopies B/W (8 1/2"x 11 $0.10 each Photocopies B/W (11"x17") $0.20 each Photocopies Color (8 1/2"x 11 0.20 each Photocopies Color (11 "x17")0.40 each Plots (B/W Bond)1.50 sq ft Plots (Color Bond)2.50 sq ft Lodging/Hotel (Taxes/fees not included)85.00 day Meals (over night stay required)36.00 day Backhoe Rental 800.00 day Hazmat Database Search 500.00 search Landtee 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 81u•s/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 Copies 50.00/first plot; 5.00 after first plot 0.10/page DRILLING AND SAMPLING 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 Diy 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 Alnha Testing Inc.. STANDARD UNIT FEE SCHEDULE 1.Engineering technician seivices for molding concrete test specimens, performing slump, air tests and testing at batch plant.40.00/hr 2.Overtime (in excess of 8 hours per day)60.00/hr 3.Special Inspector, Full Time Masonry Observation 65.00/hr 4.Overtime (in excess of 8 hours per day)97.50/hr 5.Specimen pick-up w/o field testing of concrete placement by ALPHA TESTING 50.00/trip 6.Handling charge for testing specimens not molded by this Laboratory 35.00/set 7.Vehicle Trip Charge 30.00/trip 8.Laboratory compression testing and reporting of concrete cylinders 18.50/ea 8.1 Reserve concrete cylinders not tested 18.50/ea 9.Laboratory flexural testing and reporting of concrete beams 24.00/ea 9.1 Reserve Beams not tested 24.00/ea 10.Grout Prism (3x3x6 inch) Compression Test 25.00/ea 11.Masonry CMU Prism, Compressive Strength Test 11.1 Un-grouted)75.00/ea 11.2 Grouted 110.00/ea 12.Laboratory testing of aggregate for concrete mix design including gradation, fineness modulus, absorption, specific gravity and unit weight 225.00/ea 13.Concrete Mix Designs: 13.1 Review ofmix design 265.00/ea 13.2 Laboratory design of concrete mix with specific strength and workability Characteristics 975.00/ea 13.3 Additional Mix Design utilizing aggregate sample 425.00/ea 13.4 Technician Design Batch Time 40.00/hr 13.5 Design Confirmation Cylinders 18.50/ea 13.6 Design Confirmation Flexural Beams 24.00/ea 14. Special Laboratory Testing of Concrete Aggregates 14.1 Sieve Analysis (dry method)50.00/ea 14.2 Sieve Analysis with decantation (wet method)55.00/ea 14.3 Specific Gravity of aggregates 70.00/ea 14.4 Organic Matter 70.00/ea 14.5 Hydrometer Analysis 125.00/ea 14.6 Percent Finer than 200 mesh 55.00/ea 14.7 Absorption 55.00/ea 14.8 Moisture Content 9.00/ea 14.9 Bulk Unit Weight(SpGr)45.00/ea 14.10 Dry Rodded Unit Weight 30.00/ea 14.11 Loose Rodded Unit weight 20.00/ea 14.12 Los Angeles Abrasi6n 575.00/ea 14.13 Sodium Sulphate Soundness (3 cycles)625.00/ea 14.14 Wet Ball Mill Test 625.00/ea 14.15 California Bearing Ration (CBR) Test 700.00/ea 14.16 Minus 200 55.00/ea 15.Concrete Coring* 15.1 2 or 4 Inch Diameter Cores avg 6"/dpth)(Includes Coring, Prep & Testing)90.00/ea 15.2 Minimum coring charge (per trip)250.00/ea 15.3 Core Hole Patching 20.00/ea 15.4 Core Preparation if cored by others delivered to our Laboratory 10.00/ea 15.5 Core Compression Test if cored by others delivered to our Laboratory 25.00/ea 16. Concrete Special Testing Services: 16.1 Schmidt Rebound Hammer Testing (4hr Min.) $ 45.00/hr 16.1a Equipment Charge 45,00/day 16.2 Windsor Probe Testing (41ir Min)45.00/hr 16.2a Probe Supplies 36.00/set 16.2b Equipment Charge 45.00/day 16.3 R-Meter (Reinforcement Location) (4hr Min)45.00/hr 16.3a Equipment Charge 45.00/day 17.Engineering technician services performing in-place field density testing 40.00/hr 18.Engineering technician services for sample pick-up 40.00/hr 19.Overtime (in excess of 8 hours per day)60.00/hr 20.Vehicle Trip Charge 30.00/trip 21,Nuclear density equipment charge 22.Half day (0 - 4 hours)75.00 23 Full day (over 4 hours)125.00 24,Moisture/Density Relationship of Soils 24,1 Standard Proctor (ASTM D 698)185.00/ea 24.2 Modified Proctor (ASTM D 1557)190.00/ea 24.3 Target Moisture Proctors 1,200.00/ea 24.4 With Lime added in laboratory, add 80.00/ea 25.Atterberg-limit Determinations 25.1.1 Natural 70,00/ea 25.2 With Lime, add 30.00/ea 26.Lime Series, ph Method (Eades & Grim Method)350.00/ea 27.Soluble Sulphate (Standard 8 Day turn around, Rush rates quoted upon request)95.00/ea 28.Senior Engineering Technician for Visual Structural Observations:65.00/hr 29.Senior Engineering Technician for Visual Structural Observations, Overtime 97.50/hr 30.Vehicle Trip Charge 30.00/trip 31.Marshall stability, flow and density 3 points per test)92.00/ea 32.Extraction and gradation 175.00/ea 33.Maximum Theoretical SpGr 75,00/ea 34.Disposal Fee 25.00/ea 35.Design of asphaltic concrete mix Marshall Method) 35.1 3 Aggregates, 5 Bitumen Percentages 1,300.00/ea 35.2 4 Aggregates, 5 Bitumen Percentages 1,500.00/ea 36.Roof-cut analysis, either quantitative or qualitative type 800.00/ea 37.Non-destructive testing of steel using ultrasonic equipment 37.1 Regular time (4 hour minimum)125.00/hr 37.2 Overtime (in excess of 8 hours per day)150.001hr 37.3 Equipment Charge 50.00/day 38.Free Swell Tests 100.00/ea 39.Spray on Fireproofing: 39.1 Laboratory Density 45.00/ea 39.2 In Place Bond Test 55.00/ea 40.Fire Spread Test (ASTM E84) 40.1 NUMBER OF SAMPLES COST PER SAMPLE 1 735.00 2-5 700.00 6 Plus 660.00 40.2 Sample Preparation if required (Per Sample)160.00/ea 40.3 Over night Shipping (Pre Sample)130.00/ea 41.Floor Flatness: 41.1 Testing Minimum Charge 450.00/min 41.2 Testing for over 18,000 sq/ft 0.025Sq/Ft 42.Taylor # 625 Calcium Chloride Kits 40.00/ea 43 Administrative Services, test evaluation, Report & Plan Review, contract administration, laboratory and field supervision 43.1 Principal Engineer (P.E.)165.00/hr 43.2 Senior Project Engineer (P.E.)135.00/lu 43.3 Materials Engineer 125.00/lu 43.4 Materials Manager 100.001hr 43.5 Senior Engineering Technician 65.00/hr 43.6 Field Engineering Technician 40.00/lu Gorrondona & Associates: Estimated Fees QL "B" on a unit base $1.00 per linear foot of utility, QL "A" SUE on a unit rate basis. 0' - 5' Depth 1,000 each 5' -10' Depth 1,375 each 10' - 20' Depth 2,150 each 20' + Depth 3,200 each Crossland Acquisition, Inc. Pre-acqusition Services - Fee Fee Acquistion $5,500 each Title Review, Negotiation, & Closing) Relocation Assistance $5,000 each Condemnation Support $4,500 each Initial Appraisal - Unimproved Parcels $2,600 each Initial Appraisal - Improved Parcels $4,700 each Updated Appraisal Fees $5,000 each Jim Henry 190.00/hr Randy Spear 120.00/lu Abel Garcia 75.00 /hi Donna Culverhouse 100.00/hr Title Fees Abstract Fee $600 per parcel Escrow Fee $500 per parcel Cost of title policy and cost of recording fees not included Freese and Nichols, Inc.: Basic Services Traffic Engineer 187.00 /hr EIT 110.00/hr Admin 58.00/hr QC 167.00/hr Expenses Black and White Plots 2.50 each Color Plots 5.75 each Bound Report 55.00 each Computer 10.00 each Mileage 0.61 per mile Courier 38.50 each Overnight Mail 27.50 each