HomeMy WebLinkAbout5329 - Assignment of Contract Executed
DocuSign Transmittal Coversheet
File Name
Purchasing Contact
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Widening of Bonnie Brae (I35E to N. of Scripture)
5329
Procurement
215 E. McKinney St., Denton, TX 76201 (940) 349-7100
OUR CORE VALUES
Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility
Assignment of Contract #5329
FOR VALUE RECEIVED, Graham Associates, Inc. (“Assignor”) hereby assigns and otherwise transfers
to Parkhill, Smith, & Cooper, Inc. (“Assignee”) all rights, title, and interest held by Assignor in and to the
“Contract” described as follows (this “Assignment”):
Contract approved August 20, 2013, by and between the City of Denton, Graham Associates, Inc. for the
Widening of Bonnie Brae (I35E to N. of Scripture) Project; said Contract being in the original not to
exceed amount of $292,575.68.
Amendment 1 approved June 11, 2020, by and between the City of Denton, Graham Associates, Inc. for
the reduction of labor rates by 10%.
Assignor warrants and represents that said Contract is in full force and effect and is fully assignable.
Assignor further warrants that it has the full right and authority to transfer said Contract and that Contract
rights herein transferred are free of liens, encumbrances, and adverse claims. Said Contract has not been
modified and remains on the terms and conditions originally contained therein. If said Contract has been
modified, then all modifications to said Contract are attached hereto and made a part hereof.
Assignor grants, bargains, sells, conveys, transfers, assigns, and delivers all of its rights, interests,
obligations, and duties under the Contract to Assignee. Assignee fully assumes and agrees to perform all
remaining covenants, duties, and obligations of Assignor under the Contract in strict accordance with the
terms and conditions of the Contract and agrees to indemnify and hold Assignor harmless from any claim
or demand resulting from non-performance by Assignee. Assignor agrees that Assignee shall be entitled
to all monies remaining to be paid under the Contract, which rights are also assigned hereunder. The City
of Denton’s obligations to make payment to Assignee shall only be effective following the date this
Assignment becomes effective. In the event that a dispute arises between Assignor and Assignee as to the
allocation or division of any payments payable or paid to Assignor of Assignee, such dispute shall be
resolved strictly between Assignor and Assignee.
This Assignment shall become effective as of the date the Consent to Assignment is executed by the City
of Denton after this Assignment is executed by the Assignor and Assignee and shall be binding upon and
inure to the benefit of the Assignor and Assignee, their heirs, administrators, successors and assigns.
IN WITNESS WHEREOF the Assignor and Assignee execute and affix their respective approval and
signature on this Assignment on the dates herein set forth.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Procurement
215 E. McKinney St., Denton, TX 76201 (940) 349-7100
OUR CORE VALUES
Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility
Dated: _________________
___________________________
Assignor
Dated: _________________
____________________________
Title
___________________________
Assignee
____________________________
Title
Consent to Assignment of Contract
In accordance with the provisions of the Contract, the City of Denton hereby consents to the Assignment
of Contract affirming that no modification of the Contract is made or intended, except as noted
hereinabove, and that Assignee is now and hereafter substituted for Assignor.
Attached: Contract #5329
Dated: _________________
Approved by:
____________________
Lori Hewell
Purchasing Manager
City of Denton
901B Texas Street
Denton, Texas
940-349-7100
lori.hewell@cityofdenton.com
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Senior Project Manager
8/3/2026
SVP of Finance
8/3/2026
8/10/2026
Procurement
215 E. McKinney St., Denton, TX 76201 (940) 349-7100
OUR CORE VALUES
Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility
APPROVED AS TO FORM:
MACK REINWAND, CITY ATTORNEY
By: _________________________________
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
ORDINANCE NO. 2013 -200
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR PRELIMINARY
DESIGN AND ENGINEERING SERVICES WITH GRAHAM ASSOCIATES, INC. RELATING
TO THE WIDENING OF AND IMPROVEMENT OF BONNIE BRAE ROAD FROM
INTERSTATE HIGHWAY 35 EAST TO NORTH OF SCRIPTURE ROAD IN AN AMOUNT
NOT -TO- EXCEED $292,575.68; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5329- AWARDED TO GRAHAM
ASSOCIATES, INC.).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed Agreement are fair and reasonable, and are
consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession, and such fees do not exceed the
maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to enter into a
Professional Services Agreement with Graham Associates, Inc., Arlington, Texas to provide
professional preliminary design and engineering services in the amount of $292,575.68, relating to
the widening ofand improvement of Bonnie Brae Road from Interstate Highway 35 East to North of
Scripture Road; a copy ofwhich Agreement is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or his designee is authorized to expend funds as required
by the attached Agreement.
SECTION 3. The City Council ofthe City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or pennitted to be performed by the City of
Denton, Texas under File 5329 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
PASSED AND APPROVED this the _fPl day of ll 2013.
MARK A. BUR.ROOGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: AD L
2 -ORD -File 5329
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the 7[)-th day of
2013, by and between the City of Denton, Texas, a Texas municipal
corpog tion, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Graham Associates, Inc., with its
corporate office at 600 Six Flags Drive, Suite 500, Arlington, Texas 76011 hereinafter
called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to
perform the services as described herein and in the Proposal, the General Conditions, and
other attachments to this Agreement that are referenced in Section 3, in connection with
the Project. The Project shall include, without limitation, but shall not be limited to the
following major components (for a more precise or comprehensive description of the
Scope refer to Exhibit 2, Attachment E):
A. Conceptual Design Plans
Task 1: Bonnie Brae Street (From IH35E Northbound Frontage Road to Scripture
Street) - 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 ofpreliminary design construction plans.
B. Preliminary Design Construction Plans
Task 1: Bonnie Brae - IH35E Northbound Frontage Road to Scripture Street —
Prepare 15% Plans, Specifications, and Estimate.
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. Preliminary plans intersection layouts.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
C. Preliminary Right -of -Way Documents 60% Plans for Bonnie Brae Street - IH35E
Northbound Frontage Road to Scripture Street
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.
D. Final 90% - Right -of -Way - IH35E Northbound Frontage Road to Scripture Street
Prepare final right -of -way plans and documents for all streets on the
proj ect.
E. 100% Construction Plans, Right -of -Way
Task 1: 100% Bonnie Brae Street Right of Way documents per owner's review
F. Miscellaneous Requirements —
Design Professional shall furnish, upon request by Owner, one (1) set of
film reproducibles of the "Final" approved Right of Way Documents.
Design Professional shall submit an electronic copy of the drawings in a
format acceptable to the Owner.
2
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
SECTION 2
COMPENSATION
Total compensation for the Design Professional contemplated under the terms of this
agreement shall be $292,575.68 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 $88,798.18.
2.1.2 Progress payments for Basic Services shall be paid monthly based on the
actual work satisfactorily completed per month in each phase as a percentage of the
overall compensation for that phase, with the following percentages of the total
compensation for the Basic Services for each phase of the Project:
Schematic Design Phase 60%
15% Design and Development Phase 40%
100%
2.2 ADDITIONAL SERVICES
2.2.1 For Additional Services the total compensation shall be $193,777.50.
Compensation for Additional Services shall be based on actual services authorized
and performed with lump sum or maximum not to exceed subtotals depending on
the service provided all as shown in Exhibit 2, Attachment A. The schedule for the
hourly rates is attached as Exhibit 4.
2.2.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services, geotechnical services,
right -of -way services, etc. shall be based on a multiple of 1.1 times the amounts
billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.05 times the expenses incurred by the Design Professional, the Design Professional's
employees and consultants in the interest of the Project as defined in the General
Conditions but not to exceed a total of $10,000.00 without the prior written approval of
the Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees,
FEMA review fees.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 ofRates
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
AT'I
WALTERS4 CT1Y SECRETARY
TO LEC-,L FORM:
CITY OF DENTON, TEXAS
A Municipal Corporation
BY: C
GEO GE C. CAWIBELL
CITY MANAGER
GRAHAM ASSOCIATES, INC.
A Corporation -
RV•
W. JEFF WILEIAMS, P.E.
PRESIDENT
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
9Xhibie x
CITY OFDENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECTORENGINEER'S RESPONSIBILITIES
11 The Architect or &ngineets services consist ofthose services for theProject (as defined in the agreement (tbe "Agreemenfl and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Desigrr Professional'I or Design Professional's employees and consultants as
enumerated In Articles 2and 3 ofthesoGeneral Conditions as modified bythe A, eementand Proposal (the "Services') -
1A TheDesign Professional Nvillperform allServices as anindependent contractortotheprevailing professionalstandards consistentNvith Thelevel ofewc, and stall ordinarily
exercised bymembers ofthe sameprofession currently practicing inthe samelocality undersimilar conditions, includingreasonable, informedjudgments andprompt timelyactions (the'Dcgrec of Care). The Services shall be perforated as expeditiously as is consistent with theDegree ofCarenecessary for the orderly progress ofthe project
Upon request ofthe Owner, theDesign Professional shall submit forthe O%vnWs approval a schedulefor the performance ofthe Services whfohmaybeadjustedastheProject
proceeds, and shall includeallowances forperiods oftfinerequiredfor the Otmees review and forapproval ofsubmissions by au0roddeshaving jurisdictionoverthe Project
Time limits established by this schedule and approved by the Omer shall not, except for reasonable cause be exceeded by the Design Professional or Owner, and any
adjustments tothis schedule shallbe mutually acceptabletoboth parties.
ARTICLE 2 SCOPE OF13ASICSER'VICES
21 BASIC SERVICES DEFINED The Design Professional's Basic Servicesconsistofthose described in Sections 2.2through 2.b ofthese GeneralConditionsand include
mithoutlimitation normal structural, civil, mechanical and electricalengineering services and anyotherengineering services necessary toproduce acompleteanaaccurate setof
Construction Documents, as described byandrequiredinSwtioa2.4, TheBasic Servicesmaybemodifiedbythe Agreement
2.2 SCHBAIAT'ICDESIGNPRASE
2.2.1 The Design Professional, in consultationwith the Otmer, shall develop a written program for the project to ascertain Owner's needs and to establish the
requirements for theProject
2.2,2 The Designprofessional shallprovide a preliminary evaluation of the Owners program, construction schedule and coastructlonbudget requirements, eachin
terms oftheother, subjecttotholimilations set forth inSubseotion5 ,2.1.
2.23 TheDesignProfessional shall reviowmith the ONmeralternative approaohesto designand construction ofthe Project
214 Based on themuhWlyagrecd upon program, schedule and construction budget requirements, theDesign Professional shallprepare, forapproval by 1heOrmer,
SchematleDesign Documents consisting ofdrawings and otherdocuments illustmtingthe scaleand relationship ofProject components. The Schematic Design shall
contemplate eomprianeewith all applicable laws, statutes, ordinances, codesand regulations.
2,2.5 The DesignProfessional shall submittothe (Mrsera preliminary detailed estimate ofConstruction Cost based on currentarea, volume or other unit costs and
which indicates the cost of each category of work involved br constructing the Project and establishes an elapsed time factor for the period oftime from the
commencementtothe completion ofconstructiolt
23 DESIGNDEVELOPbDJNTPHASE
2.3.1 Basedon the approved Schematic Design Documents and any adjustments authorized bytbe Owner inthoprogram , scheduleorconstructionbudgei theDesign
professional shall prepare for approval bythe Owner, Design DovelopmentDocuments consisting ofdrawings and other documents to fix anddem''be the size andcharacteroftheProjectastoarchitectural, sructural, mechanical and electrical systems, materials and such otherelements as maybeappropriate, which shall comply
with all applicable laws, statutes, ordsnancag codes and regulations. Notwithstanding Owner's approval ofthe documents, Design Professional represents that the
Documentsand specifications will besutirofent andadequate tof41fr11thepurposes ofthe Project
2.3.2 TheDesign Professional shall advisethoOmerofanyadjustmentstothepreliminaryestimateofConstructionCostinafur therDetailedStatementasdescrbed
in Section215.
2.4 CONSTRUCTIONDOCUMENTS PHASE
2.4,1 Based on ilia approved Design Development Documents and any further odimbnents In the scope or quality ofthe Project or in the construction budget
authorizedby theOrmer, theDesfgnProfessional shall prepare, forapprovalby the Owner, ConstructionDoeumentsconsisting ofDrawings and Specificationssetting
forth in detail requirements forthe constnrction ofthePrcjeo% Which shall complywith all applicable laws, statutes, ordinances, codesandregulations.
2.42 The Design Professional shall assistthe Otmer in the preparation ofthe necessary bidding or procurementinformation, bidding of procurement forms, the
Conditions oftheoontraot, endtheforrsrofAgreementbetween the Owner and Contractor.
2.43 The Design Professfonalsha edvisetlieOtimerofanya4tslmentstoprevtouspretimfnaryesdmatesofConstructioncostindicatedbychangesfnrequfrcments
orgeneralmarketconditions.
2.4,4 The Design Professlonal shallassist the Owner ieconnection with theOtmees responsibility for filing documents required for the approval ofgovernmental
authoritieshaving jurisdiction overtheProject
2,5 CONSTUCTIONCONTRACrPROCUREMNT
2,5.1 The Design Professional, following the C nor's approval oftheConstruction Documents and ofthelatest prelinnarydetailed estimate ofConstruction Cost,
shall assisttheOwner inprocuring a construction Contract for the Projectthrough' any procurement methodthat is legally applicable tothe Project including without
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Pl,WisrABlanlc FormAGENERAL CONDITIONS- ARCHTI'I;CTENGINEERRevised 052209.doc Revised 5 -30 -02
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
limitation, the competitive sealed bidding process. Althoughthe Ovenor"ill consider the advice oftheDesip Professional, theaVwd ofthe construction coritractisIn
thesolo discretion of theOwner.
2.5.2 ifthe construction contractamount fortheProjectexceeds the total construction cost Ofthe project as set forth inthe approved Detailed Statement ofProbabieConstructionCostsoftheProjectsubmittedbytheDesignProfessional, then the Design Professlonal, at its sole cost and expense, will revise the ConstructionDocumentsasmayberequiredbytheOwnertoreduceormodifythequantityorqualityoftheworksothatthetotalconslruedoncostoftheProjectmillnotexceedthetotalconstructioncostsetforthintheapprovedDetailedStatementofProbableConstructionCosts.
2,6 CONSTRUGTIONPIIASE- ADD7YIVISTRATIONOFTHECONSCRVCTIONCONTRACT
2.6.1 TheDesipProfession0sresponsibilitytoprovideBasic Services for the ConshuctionPlimounderthis Agreementcommences tviththe award. ofthe ContractforConstructionandterminatesattheissuancetotheOwnerordtefinalCertificateforPayment, unless extendedundertheterms ofSubsection 83.2.
2.6.2 The Design Professional shall provide detailed admtrristration ofthe Contract for Constructionas setforth below. For design professionalss the administrationshallalsobeinaccordancevelihAIAdocumentA201, General Conditions ofthe Contract for Construction, current as ofthe date of the Agreement as may be
amended
Standard Specifications forpubliaWorks Consotruc bytheNorthpCenrhal TexasCouncil ofeovemments, current as ofthe daleofdie ggreementunlesotherwise
provided inthe Agreement.
2,6.5 ConslructionPhase duties, responsibilities and limitations ofauthority of the Design Professional shallnotbe restricted, modified or extended without Uritten
agreement ofthe Omer andDesign Professional.
2.6.4 TheDesign Professional shall boa reprosentative ofandshall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction fromtimetotimeduringthecorrection, or warranty period described into Contractfor Construction, The Design Professional shall haveauthorityto act on behalfoftheOwneronlytotheextentprovidedintaAgreementandtheseGeneralConditions, unlessotherwise modifiedby \vritteninstrumeat
245 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary vvfriloconstructionisnotinprogress, to become familiar with theprogress and quality ofthe work completed and to determineifthe work is beingperformed in amannerindioatingtattev,' arkwhencompletedwillbeinaccordance withtheContractDocuments. Design professional shall provideOwner awrittenreportsubsequenttoeachonsitevisit: Onthebasis ofon -situ observations the Design Professiorml shall keep the Owner Warmed of theprogress and quality of the nrork, and shallexerciseiheDegreeofCareanddiligenceindiscoveringandpromptlyreportingtotheOwneranyobservabledefectsordefioienciesintoworkofContractororanysubcontractors. TheDesigaProfessional representsthathewiil followDegreeofCareinperformingallServicesundertheAgreement 7lrebeslgnProfessianalshallpromptlycorrectanydefectivedesignsorspecificationsfundshedbytheDesignProfessionalatnocosttotheOwner, The Owner's approval, acceptance, use oforpaymentforalloranypartoftoDesignProfessionalsServiceshereunderoroftheProject, itselfshall inno vway alter the Design Professional'sobligations orthe
Owner's rightshereunder.
246 The Design Professional shalt not have control over or charge of and shall not be responsiblo fbr construction means, methods, techniques, sequences orprocedures, or for safety precautions and programs inconnection with the work The Design Professional shall not be responsible ibr the Contractor's schedules or
failure to" outthemvik inaccordanceeviltheContract Documents except insofar assuch failure may result from DesignProfessional'snegligent acts oromis- sions. The Design Professional shall not Lava controlover or charge ofacts or omissions ofthe Contractor, Subcontractors, or theiragents or employees, orofany
otherpersons performingportionsofthewodc
2.6.7 iheDesignprofcssionel shall atall timeshave aocesstotetivrorkNvhereverit Is; inpreparatioriorprogress.
248 Except as may othervise be provided in to Contract Documents or when direct communications have been speeially authorized, the Ownerand ContractorshaltcommunicatetlmroughtheDesitProfessional. Communications by andvrith the Design. Professional'scrosultantsshallbetirroughtheDesignProfessional.
2,6.9 Eased m the DesignProfessional'sobservations atthe site ofthe work and evaluations oftheContraetoes Applications for Payment; the Design professional
shallreviewand certify theamounts due theContractor.
2.6.10 7heDesignprofessionarscertificationforpaymentshallconstitutearepresentationtotheOwner, basedontheDesignProfessional 'sobservationsatthesiteasprovideditSubsection2.6.5 and on the data comprising theControotor's Application for Payment; that the workhas progressed to the point indicated and that thequalityoftoiVorkisinaccordancevvithiheContractDocuments. The foregoing representations are subjectto minordoviations from the ContractDocuments cor- reelable prior to completion and tospecific qualifications expressed by the Designprofessional. The issuance ofa Certificate for Payment shall further constitute arepresentationthattoContractorisentitledtopaymentintheamountcertified. However, theissuance ofa. CertificateforPayment shall not bea reprasertadon thattheDesignProfessionalhas (1) reviewed constriction means,methods, techniques, sequences or procedures, or (2) ascertainedhow orfor whatpurpose theContractor
hasused moneypreviously paid on account ofthe ContractSum.
2.6.11 The DesignProfessional shallhave theresponsibility and authorityto reject-workwhich doesnotconformtote ContractDocuments. Whenever theDesignProfessionalconsidersitnecessaryoradvisableforimplementationoftheintentofthe, Contract Documents, the Design Professional will have authority to requireadditionalinspectionortestingoftheworkinaccordancewiththeprovisionsoftheContractDocuments, viliether or not such Work is fabricated, installed orcompleted. Hovvuver,neither, this authority oftheDesignProfessional nor a decision madein goodfaith eitherto exeroise ornotexercisesuchauthority shalt give risetoadutyorresponsibilityoftheDesignProfessionaltotheContractor, Subcontractors, material andequipment suppliers, their agents oremployees or other persons
performingportions efthevvork.
2.6,12 The DesignProfessional shall review and approve or take other appropriate action upon Contraeto?a submittals such as Shop Drawings, ProductData endSamplesforthepurposeof (1) determining compliance with applicable taws, statutes, ordinances and codes; and (2) determining whether ornot the work; whencompleted, will be in compliance wviththerequirements oftheContract Documents. 7hoDesign Professional shall act withsuchreasonable promptness to causenodelayintheworkorintheconstructionoftheOwnerorofseparatecontractors, whileallowing sufiiclenttime in theDesignProfessional's prokolonal judgmenttopermitadequaterevicwv. Reviewofsuch submittals istnotconducted for thepnipose otdclerminingther accurany and completerim ofolher details such as dimensionsandquantitiesorforsubslantiatirginstructionsforinstallationorperformanceofequipmentorsystemsdos'igned by the Contractor, all of which remain the
responsibility ofthe Contractor to-1teextent requiredby the ContractDocumen1% TheDesignProfesslonalsreviewshallnotconstituteapproval afsafetyprecautionsor, unless otherwise specificallystatedbytheDesignProfessional, ofconstruction means, methods, techniques, sequences or procedures. ThaDesigaProfessioral'sapprovalofaspecificitemshallnotindicateapprovalofanassemblyofwMchtheitemisacomponentWhenprofbssionalcertificationofperfomtancecharacteristics
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H- WisoWlank FormsWENERAL CONDITIONS•ARCIIITECTENGINEER Revised 052209.doe Revised 5.30.02
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
ofmaterials, systems orequipment isrequired by the ContractDoeuments, the DesignProfessional shall be entitled torely upon such certification to establish thatthe
materials, systemsor equipmentwillmeet theperformance criteriarequired by the ContractDocuments,
2.6,13 The Design Professional shallprepare Change Orders and Construction ChangeDirectives, with supportingdocumentationand data ifdeemed necessary by
the Design Profes ;tonal as provided in Subsections 311 and 3.33, for the Owner's approval and execution in accordancewith the ContractDocuments, and may
authorize minor changes in thework notinvolving an adjustment Inthe ContractSum oranextension ofthe Contract Time which arenot inconsistent with the intent
oftheContract Documents.
2.6.14 On behalfofthe Owner, lice DesignProfessional shall conduct Inspections to determine the dates ofSubstantiai Completion and Final Completion, and if
requested by the Ovvnershall issue Certificates ofSubstantial and Final. Completion. The Design Professional will receive and review written guarantees andrelateddocumentsrequiredbytheContractforConstructiontobeassembledbytheContractorandshallissueafinalcertificateforPaymentuponcompliencewiththe
requirements oftheContractDocuments.
2.6.15 The Design Professional shall interpret and providerecommendations on matters coAcerningperformanceoftie Ownerand Contractor underihorequirementsofTheContractDoeumentsonwrittenrequestofeithertheOwmrorContmotor, The Design Professional's responseto such requests shall bemadewithreasonable
promptness end within anytimelirrtiisagreed upon
2.6.16 interpretations and decisions ofthe Design Professionalshall be consistentwith the intentofandreasonably inferable from the Contract Documents andshall
beiaiwitingorin theform ofdta%vfngs. Whenmaking suchinterpretations and initial decisions, theDesignProfessionalshallendeavortosecurefaithfulperformance
by bothOwnerand Contractor, and shall notbeliablefor results orinterpretations ordecisions so rendered ingood faith in accordancewith ell theprovisionsofthis
Agreement andin the absence ofnegligence,
2.6.17 TheDesign Professional shall render wririen decisions tvifl& a reasonabletime on all claims, disputes orother matters in question between the Ovvner and
Contractorrelalinglo the executionorprogress ofthe workas provided intheContmctDocumenls.
2418 The DesignProfesslonal (1) shall render services under the Agreementin accordance with theDegreeofCare; (2) will reimburse the Owner for all damages
caused by the 4efec8ve designs theDesign Professional prepares; and (3) by acknowledging payment by the (Interofanyfees due, shall not be released fromanyrightstheOwnermayhavoundertheAgreementordimialshanyoftheDesignProfessional'sobligations thereunder.
2.6.19 The Design Professional shallprovide the Ownerwith four sets ofreproducible prints showing all significantchanges to the Construction Documents during
the Construction Phase.
ARTICLE3 ADDITIONALSERVICES
3,1 GENERAL
3.1.1 The services described in this Article3 are not included in basic Services unless so identifiedinthe AgreementorProposal, and they shaltbe paid forby the
Owneras provided inthe Agreement, inaddIdonto the compensationfor Basic Services, Theservices described underSections3.2 and 3A shall only beprovided ifauthorizedorconfirmedinwritingbytheOwner. Ifservices described under CoutingentAdditional Services in Section 3.3 are requireddue to circumstancesbeyondtheDesignProfessional'scontrol, theDesign Proflesslonal shall notify the Owner inwriting and shallnot continence such additional services until it receiveswrittenapprovalfromtheOwnertoproceed. Ifthe Owner indicates inwritingthat all or partofsuchContingentAdditional Services are notrequired, the DesipProfessional
shalt have no obligation to providethose services. Owner will be responsiblefor compensating the Design Professional for Contingent Additional Services only if
they arenotrequired duetothenegligenceor fault ofDeslgn Profbssional
3.2 PROJECT1tEPREWNTATIONBEYOND BASICSERVICES
3.2.1 If more extensive representation at the site than fs described In Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assistincarrying outsuch additional On-siteresponsibilities.
312 ProjectRepresentatives shall be selected, employed and directed by theDesign Professional, end theDesign Professional "be compensated therefor as
agreed bythe Ovmer andDesignProfessional.
3.3 CONTINGENTADDITIONAL SERVICES
3,3.1 Makingmaterial revisionsinDravings, Specificationsorother doeumentsvviren such revisionsare:
1, inconsistentwith approvals or Instructions previously given by theOwner, including revisionsmadenecessary by adjustments inthe Owner`s
program orProject budget;
2. requiredbytheenactmentorrevisionofcodes, laysorregulationssubsequenttothepreparationofsuchdocuments ,or
3, due tochangesrequiredasaresultofOoOvmeesfallure to renderdeoisioninatimelymannen
3.32 Providing services required because ofsignificantchangesinthe Project including but notlimitedto, size, quality, complexity, or the O%Nmees schedule; except
for services required under Subsoogon2,5.2.
3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
33.4 Providing consultation concerning replacement ofworkdamaged by tiro or othercause duringcortstnrotion, and famishing servicesrequired in connection vAth
thereplacementofsuch work
3.3,5 Providingservices made necessarybythe defaultoftheContraotor, bymajordefectsordeficiencieslathevvorkoftheContractor ,orbyfailureofperforrnanco
ofeitherthe Owneror Contractor underthoContract forConstruction,
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H;\Misc\Blm& Porms \GENERAL CONDITIONS- ARCHfMCTF,NGINEERRevised 052209.doe Revised 5 -3002
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3.3.6 Providingservices in evaluating an extensive numberofclaims submitted by the Contractororothers in connection with thev.nrk,
33.7 Providing services in eonnectionvrith a publichearing, arbitrationproceeding or aga1 proceeding exceptWicre the DesignProfessional ispartythereto.
3.3.8 Providing services in additionto thoserequired by Article 2 forpreparingdocuments for alternate, separate orsequential bids orproviding servicesinconnection
withbiddingorconstructionpriorto thecompletion ofthe Construction DocumentsPhase.
3.3.9 Nohvithstanding anything coniainedin the Agreement. Proposal or these General Conditions to the contrary, all services described inihis Article 3 thatare
causedorneeessitated it wholeor in partdue to the negligent actoromission oftheDesign Professional shell be performed by theDesiga Professional m apart ofthe
Basic Services under the Agreement wilh no additional compensation above and beyond the compensation due the Design Professional fortheBasic Services. The
Intervening oreoncurrent negligeneeof theOwner sliallnot limittheDesign Professional's obligationsunderthisSubsection 3.3.9.
3.4 OPTIONALADDITIONAL SERVICES
341 Providing financial Awlbilityor otherspecial studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospective sites.
3.43 Providing special surveys, environmental studies and submissions required for approvals ofgovermnental authorities or others havingjurisdiction over the
Project.
3.4.4 Providing services relativetoflutwe Acilities, systems and equipment
3.4.5 ProvidingsenicestoinvesdgatoexistingcondidonsorfacilitiesorloniakemeumeddmNvingsthereo£
3.4,6 Providingservices toverify ftaccuracy ofdrawings or other MoTmation &-flishod bythe ovvrier.
3.4.7 Providing coordination ofconstruction performedbyseparatecontractors orbythoOtvner's o vnforces and coordinationofseivices required in connecdonwith
constructionperformed andequipmentsupplied bythe Owner.
3.4.8 Providingdetailed quantitysurveys or inventoriesofmaterial, equipment and labor.
349 Providing analyses ofoperating and maintenance costs,
3.4.10 Making investigations, inventoriesofmaterialsorequlpment, orvaluations and detailedappraisals o £ existingbollides.
3.4.12 Providing assistance in the utilization ofequipmentor systems such as testing, adjusting and balancing, preparation ofoperation andmaintenance manuals,
trainingpersonnelfor operation end maintenanceandconsultation during operation.
3.4.13 Providing interiordesign andsimilarservices required foror in connection vWththeselection, procurement or installation offiunilure, fiunishings andrelated.
equipment;
3.4 .14 Providing services other than as provided in Section 2.6.4, after issuance to the Ownerof the final Certificate for Payment andexpiration ofthe Warranty
period ofthe Contract forConsbuction
34.15 Providing servicesofconsultants forother than architectural, oi,.A structural, mechanical and electrical engineeringportions oftheProjeotprovided as apartof
BasicServices.
3.4.16 Providing any other services not otherwise Included in this Agreement or not customarily famished in accordance with generally accepted architectrual
practice.
3.4.17 Preparing a set ofreproduotble record draveipgs inaddition to those required by Subseetion 2.6.19, showing signiffeant changes inthework madeduring con.
struetion based onmarked -up prints, dra.vings and otherdata furnished bythe Contractorto the Design Professional.
3.4.18 NoWthstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article3 that are
caused ornecessitated inwhole or impart due tothenegligent actor omission oftheDesign Professional shall beperformed bythe DesignProfessional asapart ofthe
BasicServicesunder the Agreementwithno additional compensation above and beyondthecompensationdue the Design Professional for the Basic Services. The
intervening- orconcurrentnegligence. ofthe thvnershaltnot limitthe Design Professional's obligationsunderffis Subsection3.4.18.
ARTICLE4 ONIMTR'SRESPONSIBILnUS
4.1 The Owner shall consult with the Design Professionat regardingrequirements for the Project including (1) theOwner's objectives, (2) sohedute and design
constraints and criteria, including Space requirements and relationships, fiexr'bility, expendability, special equipment systems and site requirements, as more speeb
13eally dewnbedin Subsection 2.11.
4.2 The Ownershall establish and update an overall budget for theProject, includingthe Construction Cost the Owners other costs andreasonable contingencies
ielated to all ofthese costs.
4.3 Ifrequested bythe Design Professional, the 0%%nershalt furnish evidenceihatfrriancial arrangements havebeenmade to lirlfill the Owner's obligations underthis
Agreement
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4.4 The Oraner shall designate arepresentative authorized to act on the Owuees behali'mithrespect to theProject The Owner or suchauthorized representative shall
renderdecisions in atimely manner pertaining to documents submitted by theDesign Professional in order to avoid unreasonable delayin the orderlyand sequential
progress oftboDesignProfessional'sservices.
4.5 Where applicable, the Ownershallfbmishsurveysdescribingphysical characteristics, legallimitationsandutilitylocationsforthesiteoftheProject ,andaNuitten
legal descriptionofthe site. The surveys and legal information shall Include, as applicable, grades and lines ofstreo% alleys, pavements and adjoipingpropertyand
structures; adjacent drainage; rights•of- -way, restrictions, casements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existingbuildings, other improvements and trees; acid information concerning available utility services and lines, both
public and private, above and below grado, uiciudinginverts and depths. All the informationonthe survay shall be referenced toa projectbenchmark.
4,6 Where applicable, the Ownershall fumishthe services ofgeotechnical engineers when such services are requested by the Design Professional. Suchservices may
include but arenotlimited totest borings, testpits, determinations ofsoilbearingvalues, percolationtests, evaluations ofhazardous materials, groundcorrosion endre-
sistivitytests, including necessaryoperations foranticipatingsubsoil conditions, withreports and appropriatoprot4mlonel recommendations.
4.6.1 TheOwnershallfumisfrtheservicesofotherconsultantswhen. suchserviceserereasonablyrequiredbythescopeoftheProJeotandarerequestedbydieDesign
Professionaland arenot retainedbytheDesignProfessional aspartofitsBasio Services orAdditional Services.
4.9 When not apart ofthe Additional Services, the Ownershall furnish structural, mechanical, chemical, airand water pollution tests, tests ofharardous materials,
andotherlaboratory and environmental tests, inspections andreports rtquited by law or theContractDocuments.
4.8 The Owner shall furnish all legal, accounting and insurancecounselingservices m may be necessary at anytime for the Projeet; including auditing services the
Owner mayrequire to verify the Contractor's Applications for Payment ortoascertain how or forwhat purposesthe Contactor has used The money paid by or on
behalfoftheOwner.
4.9 no servites, information, surreys and reports required by Owner under Sca6ns 4.5 through4.8 shall be fiumished at the Ownees expense, and the Design
Professional shall be entitledtorely upon theaccuracyandcompletenessthereofin the absence ofany negligenceanthepartof %eDesigaProfesslonal,
4.10 The Owner shallgive prompt writtennolicetofieDesignProfessienal iftho Owner becomes aware ofanyfaultordefeat infieProject orrioncomformano Nvith
theContraotDocuments.
4.11 DesignProfessional shall proposelanguage for certificates orcertificatlons toberequested ofthe Design Professional orDesign Professional's consultants and
shallsubmitsuolitothe Ownerforroview and approval at leastfoudeen. (14) daysprior to execution. The Owner agrees notto requestcertifications thatwould require.
knowledge orservicesbeyond thescopaoftheAgreement
ARTICLES CONSTRUCTIONCOST
5.1 CONSTRUCTION COST DEFINED
5,1.1 7he. coriftedon Cost shallbethe total cost orestimated costtothe Owner ofall elements oftheProject designed orspecified bytheDesignProfessional.
51.2 1hoConftelion Cost shallincludethe costatcurrentinarketiratwoflaborandmaterials famishedby thdOwnerandequipmerittlesigned, specified, selected or
specially provided for by theDesign Professional, plus a reasonable allowancefor theContractor's overhead andprofit. Inaddition, a reasonable allowance for con-
tingencies shallbeincluded formarketoonditions atthe time ofbiddingand for changes inthework duringconstruction,
5.1.3 Conshuction Cost doesnot Includethe compensation of the Design Professional and Design Professional's consultants, the costs ofthe land, rights-of-way,
financing orotherewts %1hicharetheresponsibility ofthe Owriorasprovided fnArfele 4.
5,2 RESPONSII3my FORCONSTRUCTIONCon
5.2.1 Evaluations ofthe Ownefs Project budget, preliminaty estimates ofConstruction Costand detailed estimates ofConstruction Cost prepared by the Design
Professional representtheDesign Professional'sbestjudgment as adesign professional familiarNvith the construction industry. it isrecognized, ho%wve , thatneither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods ofdetormbting bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent thatbids or cost proposals udil not vary
from the Owner'sProject budget or fromany estimateo €Construction Costorevaluation prepared oragreed to by theDesignProfessional,
5.21 Nofiixed limit ofConstructionCost shallbe established asaoondillonofthe Agreemaatby theflimisbing, proposal ofestablishmentofaProjectbudget ,unless
such fixed lhhhasbeenagreed upon in writing and signedby thepartiesthereto. Ifsuch afixedlimithas beenestablished, theDesignProfessional shallbe permitted
to include contingencies for design, bidding and price escalation, to determine whatmaterials, equipment, component systems and types ofconstruction are to be
included In theContractDocuments, to makoreasonableadjustments inthe scopeofthe Project and to includein theContractDocuments alternatebidstoadjustthe
Construction Costto the fixed limit Fixedlimits, ifany, shall be increased inthe amount ofan increase in the Contract Sum occurringafter execution ofthe Contract
for Construction.
5,13 Ifthe Procurement Phase has not commenced within90 days afterthe. Design Professional submits the Construction Documents to the Owner, any Project
budgetorfixedlimitofConslruction Cost shallbe adjusted torefleotchangesin thegenerallevel ofprices in the construction industrybetweenthe date ofsubmission
offieConstruction Documents totheOwner and thedate on which proposalsare sought
ARTICLE 6 OTVNERSWAND USE OF DOt MPITS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional'sservice and shall
become the property of fie Owner upon termination or completion oftea 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 usesany ofthe.information ormatedalsdeveloped pursuanttothe Agreementin another projector for otherpurposes than are specified inthe Agreement, the Design
Professional is releasedfromanyandall liability relotingto theiruseinthatproject
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H- WiseWank FormsIGBNBM CONDITIONS•ARCIIITECT- ENGINEER Revised 052209.doo Revised5.30 -02
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6.2 Submission ordistribution ofdocuments to meetofficialregulatory requirementsorfor sImiiarpurposes In connectionvn*th thePfoJeCt is notIGbe construedaspublication
in derogation oftheDesignProfessional's reserved rights.
ARTICLE7 TER11 WATION, SUSPENSION ORARAM OWENT
7,1 TheDesignProfessional may terminatethe Agreement upon not less than thirty days writtennotice should the Ownerfailsubstantially to perform in accordancewiflr theternsoftheAgreementthroughnofaultoftheDesignProfessional. Ownermayterminate the Agreement or any phase thereof with or without causeupon thirty (30) days
priorwritten notice to the Design Professional. Ail Work and laborbeing performed under the Agreement shall cease immediatelyupon DesignProfessional'sreceipt ofsuch
notice. Before the end ofthe thirty (30) dayperiod, Design Professional shallinvoieethe Ownerfor all work it satisfactorily performed prior tothe receipt ofsuchnotice. Noamountshallbedueforlostoranticipatedprofits. All plats, fieldsurveys, andother data relatedto the Projectshall becomeproperty ofthe Ownerupon lamination of the
Agreement and shallbepromptly delivered to theOwner In a reasonablyorganized form. Should Owner subsequently conhactwithanewDesignProfessional forcontinuation
ofservices on theProject, Design Professional shall cooperate Inproviding information.
7.2 IftheProject is suspended by the Ownerfor more than30 consecutive days, the Design professional shall be compensated forservices satisfactorily performed prior tonoticeofsuchsuspenslort. WhentheProjectis resumed, theDesignProfessional's c6mpensatlonshall be equitably adjusted toprovide forexpenses incufted intheinterruption
and resumption oftheDesign Professional'sservices.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written noticeto the Design Professional in the eventthatthe Project is permanently
abandoned IftheProjectIsabandonedbytheOwnerformorethan90eonsecutivedays, TheDesignProfessional ortheOwnermaytenninaletheAgreementbygivingttritten
notice.
7,4 Failumoffic OAvner tomake payments totheDesigfttrofossiomil for %yori, satisfactorily completed fin occordancewith the Agreement shall be considered substantialnon-
performanceand cause for termination.
7.5 Ifthe OwnerHis to make payment to DesignProfessional within thirty (30) days ofreceiptofa statement for services properly and satisfactorily performed, theDesign
Professional may, upon sevendaysttrittennotice totheOwner, suspendperforrmance ofservicestutderthe Agreement
7.6 In the event oftermination notthe faultofthe Design Professional, theDesign Ptofessional shallbecompensated for servicesproperly and satisfactorilyperformed priorto
termination.
ARTICLES PAYAUNTSTO THE DESIGNPROFESSIONAL
8,1 DIRECT PERSONNELEVgNSE
8.1.1 Direct Parsommel Expense is defined as tho direct salaries of theDesign Professional's personnel engaged onthe Project and the portion ofthe cost oftheir
mandatory andcustomary contributions andbenefits relatedthereto, suchas employment taxes andother statutory employee benefits, insurance, sickleave, holidays, vacations, pensionsandsimilarcontributions and benefits.
8.2 REWURSABLEEXPENSES
8,24 Reimbursable Expenses are inaddition to compensation for Basio and Additional Services and include expenses incurred by the Design Professional and
Design Professional'semployees and consultants inthe interestofthe Project, as identifiedinthefollotving Clauses,
8,7.1,1 ExpenseofTransportationin connectionwith theProject; expenses inconnectionwith authorized outoftown travel; long - distance communications;
andfeespaid forsecuring approvalofauthoritieshavingjurisdiction over theProject.
8.2,1,2 )Expense ofreproductions (except the reproduction ofthesets of documents referenced in Subsection 2.6.19), postage and handling ofDrawings,
Specifications and otherdocuments,
8,2,13 Ifauthorized inadvance bythe Owner, expenseofoverthem-ork requiringhigher thonregularrates,
82.1,4 Expense ofrenderings, models andmock -ups requestedbyMcNAer.
8215 Expense ofcomputer-aideddesign anddrafting equipmenttime Whenused in connection %vith theProject
8,11.6 Otherexpenses thatareapproved inadvance intttitingby theOmer.
83 PAYMENTS ONACCOUNTOr, r,BASICSERNWES
8,3,1 Payments for13asio Services shall bemade monthly and, where applicable, shall be in proportion to services performedwithin eachphase ofservice, on the
basissetforth in Section2of the Agreementand the schedule oftturk.
8,3,2 Ifand to the extent that the timeinitially established in the Agreement is exceeded or extendedtuoughno fault oftheDostgakrofessional, compensationfor any
servicesrendered daringthe additiondperiod oftimeshallbecomputedinthe mannersetforthinSection 2 of tho Agreement
833 When compensation is based on a percentage ofConstruction Cost and any portions ofthe Projectare deleted or otherwise not constructed, compensation for
those portions ofthe Project shall bepayable to the extent services are performedon those portions, inaccordance withthe schedule set forth in Section 2 ofthe
Agreement based on (1) thelowest bona fide bid or (2) ifno such bid orproposal is received, the most recent preliminary estimate ofConstruotion Costor detailed
estimateof-ConstructionCost forsuohportions oftheProject.
8.4 PAYMENTS ONACCOUNTOFADDITIONALSERVICES
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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. thepresentationtotheOwneroftheDesignProfessional's statementofservices rendered orexpenses incurred_
8.5 PA'YMEiNTSMTAM- LD Nodeductionsshag be made from the Design Professional's compensation on account ofpenalty, liquidateddamages or othersums withheld
from payments to contractors, oronaccount ofthecostofchanges intheworkotherthan thosefor which the Design Professionalis responsible.
ARTICLE9 INDEMNITY
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, withoutlimitation, damages forbodily and personal injury, death andproperty damage, resulting from the negligent actsoromisslons ofthe Design Professional orits officers,
shareholders, agents, or omployees intheperfonnance of theAgreement.
9.2 Nothing herein shall be construedto createaliability to any personwho Is nota partyto the Agreement, acrd nothingherein shall wive any oftheparties' defenses, both atlaw or equity, toany claim, cause ofaction, or litigationfiled byanyone not aparty to the Agreement, includingthe defense of governmental immunity, which
defenses are ]rereby expresslyreserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with aninsurancecompanylicensedorauthorizedtodobusinessintheStaleofTexasbytheStateinsuranceCommissionoranysuccessoragencythathasaratingwithBest
RateCarriers ofat least on A or above:
101 Comprehensive OeneralLiability Insurance withbodily injury limits ofnotless than $1,000,000for eaehocourrence and not lessthan $2,000,000 in tho aggregate, and withproperty damagelimits ofnotless than $100,000 for eachoccurrenceand notless than $250,000 in the aggregate,
10.2 Automobile Liability Insurance with bodily Injury limits ofnot lessthan $500,000for each person andnotless than $500,000 for each accident, and wilt property
damage limits ofnot less than $100,000 foreach accident,
10,3 Worker's Compensation Insurance in accordance tvith statutory requirements, and Employers' Liability Insurancewith limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance withlimits ofnotless than $1,000,000 annual aggregate.
10.5 TheDesignProfessional shall furnish insurance certificates or Insurance policiesto the Owner evidencing Insurance in compliance with this Article 10 at the timeoftheexecutionoftheAgreementTheGeneralLiabilityandAutomobileLiabilityinsurancepoliciesshallnametheOwnerasanadditionalinsured, tine Workers'
Compensation policy shall contain awaiver ofsubrogation in favor ofthe Owner, andeach policy shall contain aprovision, thatsuohinsuranee shall notbecanceled ormodifiedwithoutthirty (30) days' prior written notice to OwnerandDesign Professional, In such event, the DesignProfessional shall, prior to the effective date ofthechangeorcancellation, furnish Owner with substitute certificates ofinsurance meeting therequirements ofthis Article 10.
ARTICLE II MTSCELLANEOUSPROViSIONS
11.1 TheAgreement shall be governed by the laws ofthe StateofTexas. Venueofany suitor cause ofaction under the Agreement shall lie exclusivelyin Denton County,
Texas.
11.2 The Owner and DesignProfessional, respectively, bind themselves, theirpartners, successors, assigns and legal representatives to 1110 otherparty to this Agreement and tothepartners, successors assigns and legal representatives of such otherparty with respect to all covenants ofthis Agreement The Design Professional shall not assign. its
interests in the Agreementtvithoutthe writtenconsent oftha Owner,
11.3 The tern Agreement as used herein includes the executed Agreement; the Proposal, these General Conditions end other attachments referenced in Section 3 ofthe
Agreement which togetherrepresentthe entire and integrated agreementbetwtien the Omer and Design Professional and supersedes all prior negotiations, representations oragreements, either written or oral. The Agreementmay be amended only by written instrument signed by both Owner and Design Professional. When interpreting theAgreementtheexecutedAgreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that isreasonablypossiblebereadsoastohazmonizethaprovisions, However, shouldthe provisions ofthese documentsbe in conflict sothatthcycannot bereasonablyharmonized,
such documents shallbe given priority in thefollowing order.
1. TheexecutedAgreement
2. Attachments referenced in Section3oftha Agreement otherthan the Proposal
3, TheseGeneral Provisions
4. ThaProposal
11.4 ATothing contained in the Agreement shall create a contractual relationship with or a cause ofaction in favor of a third party against either tho Owner or Design
Professional.
11,5 Upon receiptofprior written approval ofOwner, the Design Professional shall have the righttoinclude representations ofthedesign oftheProjeo including photographsoftheexteriorandinterior, among the Design Professional's promotional and professional materials. The Design Professional's materials sball not includethe O"ner'sconfidentialorproprietaryinformationiftheOwnerhaspreviouslyadvisedtheDesignProfessionalinwritingofthespecificinfonnationconsideredbytheOwncrtobecotrii- dentialorproprielary. The Dmer shall provIdoprofessional creditfortheDesl8aProfossiomilon Viacorshuction sign and inthepromotional materialsfbr theProject
11.6 Approval bythe Otmer shalt not constitute, norbe deemed arelease ofthe responsibilityand liability ofthe Design Professional, its employees, associates, agents, subcontractors, and subconsultants forthe accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption ofsuch
responsibility by the Owner for any defect in the designor otherwork prepared by theDesign Professional, itsemployees, subcontractors, agents, and consultants.
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11,7 Allnotices, communications, and reports required orpermitted under theAgreement shell be personally deliveredormailed to the respective parties by depositingsomeintheUnitedStatesmailtotheaddressshownbelowsignatureblockontheAgreement, certified mail, returnreceipt requested, unless otherwise specified herein.
All notices shall bedeemed effectiveupon receipt by the party to whom such notice is given, orwithin three (3) days aftermailing.
11.8 ifany provision ofthe Agreementis Found or deemed by a court ofcompetentjurisdictionto be invalid orunenforemble, it shall be considered severable from theremainderoftheAgreementandshallnotcausetheremaindertobeinvalidorunenforceable. in such event the parties shallreform the Agreement to replace such
stricken provisiontkith avalid and enforceable provision which comes as close as possible to expressing the intention ofthe stricken provision
11.9 no Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as theymaynowreadorherainafterbeamendedduringthetermofthisAgreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on.the basis of raoo, color, religion, sex,
national origin or ancestry, age, orphysical handicap,
11.11 The captions oftheAgreement are for informationalpurposes only, andshall notin any way affectthesubstantive terms or conditions oftheAgreement.
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H;1MisMankFormAGERERAL CONDMONS•ARCMUCTENOMER Revised 052209.doo Revised S•30-02
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
L ___
N
Graham Associates, Inc.
CONSULTING ENGINEERS & PLANNERS
Exhibit 2
The Design Professional's Proposal
May 27, 2013
Mr. Frank Payne, P.E.
City Engineer
City of Denton
901 -A Texas Street
Denton, Texas 76209
RE: Proposal for Professional Services - Engineering Design of North Bonnie Brae Road from
IH 35E Northbound Frontage Road to Scripture Street
Dear Mr. Payne:
Graham Associates is pleased to present this proposal to provide professional services for the survey,
right -of -way determination, design, and construction administration to widen and improve North
Bonnie Brae Road from IH 35E Northbound Frontage Road to Scripture Street.
We understand that the final scope authorized for the section from IH35E to Scripture Street will be
only for the schematic phase that shall include a schematic layout and preparation of a preliminary
opinion of probable construction cost.
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 North 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.
CEO
ectfully Submitted,
A-0
Wagnon,
Graham Associates, Inc. TBPE Firm #F -1191
Summit Office Park Centerpoint Three Chase Bank
1300 Summit Ave., Suite 419 600 Six Flags Drive, Suite 500 3200 Broadway Blvd, Suite 268
Ft. Worth, Texas 76102 -4418 Arlington, Texas 7601 1 -6356 Garland, Texas 75043 -1 571
817) 332 -5756 (817) 649 -1914 • Metro (817) 640 -8535 (972) 840 -6671
Fax (817) 336 -6909 FAX (817) 633 -5240 FAX (972)- 840 -6671
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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North Bonnis Brae - IH -35E to Scripture
Fee Estimate - May 2013
Construction Plans
Schematic 51,330.75
Principal 27 hours @ 150 4,050.00
Senior Engineer 108 hours @ 125 13,500.00
Registered Engineer 340 hours @ 100 34,000.00
Senior Hydrologist 54 hours @ 125 6,750.00
Graduate Hydrologist 54 hours @ 95 5,130.00
Graduate Engineer 540 hours @ 90 48,600.00
Technician IV 540 hours @ 90 48,600.00
Technician III 1080 hours @ 75 81,000.00
Technician II 810 hours @ 60 48,600.00
Technician I 270 hours @ 50 13,500.00
Clerical 135 hours @ 35 4,725.00
CADD 1350 hours @ 25 33,750.00
SUBTOTAL $ 342,205.00 (not used)
SUBTOTAL $ 59,215.00 (not used)
Schematic 51,330.75
20% Plans 29,087.43
Traffic Control
Principal 5 hours @ 150 750.00
Senior Engineer 30 hours @ 125 3,750.00
Registered Engineer 25 hours @ 100 2,500.00
Graduate Engineer 15 hours @ 90 1,350.00
Technician IV 30 hours @ 90 2,700.00
Technician III 80 hours @ 75 6,000.00
Technician II 10 hours @ 60 600.00
Technician 1 10 hours @ 50 500.00
Clerical 10 hours @ 35 350.00
CADD 50 hours @ 25 1,250.00
SUBTOTAL 19,750.00 (not used)
Utility Coordination
Principal 4 hours @ 150 600.00
Senior Engineer 20 hours @ 125 2,500.00
Registered Engineer 40 hours @ 100 4,000.00
Technician IV 40 hours @ 90 3,600.00
Technician III 20 hours @ 75 1,500.00
Clerical 10 hours @ 35 350.00
CADD 40 hours @ 25 1,000.00
SUBTOTAL 13,550,00 (not used)
50% Plans 6,775.00
Quality Assurance /Quality Control
Senior Engineer 40 hours @ 125 51000.00
Clerical 10 hours @ 35 350.00
SUBTOTAL 5,350.00
30% Plans 1,605.00
Bidding /Construction Assistance
Principal 2 hours @ 150 300.00
Senior Engineer 222 hours @ 125 27,750.00
Registered Engineer 206 hours @ 100 20,600.00
Graduate Engineer 10 hours @ 90 900.00
Technician IV 4 hours @ 90 360.00
Technician III 50 hours @ 75 3,750.00
Technician II 20 hours @ 60 1,200.00
Survey Crew (2 -Man) 20 hours @ 120 2,400.00
Clerical 38 hours @ 35 1,330.00
CADD 25 hours @ 25 625.00
SUBTOTAL $ 59,215.00 (not used)
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
North Bonnis Brae - IH -35E to Scripture
Fee Estimate - May 2013
Inspection Services - Construction Administration - Full Time
Technician IV 1920 hours @ $90
SUBTOTAL
Design Surveying
Technician IV
Survey Crew (3 -Man)
Survey Boundary Work
Graduate Engineer
Technician IV
Survey Crew (3 -Man)
Topographic Survey
Technician IV
Survey Crew (3 -Man)
Right -of -Way and Exhibits
6 hours @ $90
16 hours @ $145
SUBTOTAL
30 hours @ $90
70 hours @ $90
100 hours @ $145
SUBTOTAL
120 hours @ $90
247 hours @ $145
SUBTOTAL
25 Title Surveys @ $800 /each
9 Corner Clips @ $800 /each
8 Sheets Right -of -Way Strip Map
Cover Sheet and Parcel Summary
29 Water Easements @ $800 /each
10 TCE Easments @ $800 /each
SUBTOTAL
172,800.00
172,800.00 (not used)
540.00
2,320.00
2, (.-W
2,700.00
6,300.00
14,500.00
23,500.00
10,800.00
35,815.00
T6,Z=
20,000.00
7,200.00
20,000.00
4,000.00
23,200.00
8,000.00
82,400.00
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Exhibit 2 - Attachment B
ESTIMATED SHEET TOTALS
Subtotal Number of Sheets = 32
Cross - Section Plans
Cover p
Cross - Sections p
Subtotal Number of Sheets =
Sheet Description
0
Right -Of -Way Strip Maps
Cover Sheet
Parcel Summary
Right -Of -Way Map Sheets
Subtotal Number of Sheets =
Subtotal Number of Sheets =
Total Number of Sheets =
Number of Sheets
1
2
8
11
43
75
IH -35E to Scripture St
Sheet Description Number of Sheets
Cover Sheet 1
Quantity Sheets p
Survey Control Layout 4
Typical Sections 8
Erosion Control p
Erosion Control Details p
Traffic Control p
Paving Plan /Profiles 17
Intersection Grading Plan p
Driveways p
Retaining Walls p
Drainage Area Map 2
Runoff Computations p
Inlet Computations p
Storm Drainage Computations p
Drainage Plan /Profiles p
Drainage Laterals p
Street Lights p
Pavement Markings & Signage p
Traffic Signals p
Details p
Subtotal Number of Sheets = 32
Cross - Section Plans
Cover p
Cross - Sections p
Subtotal Number of Sheets =
Sheet Description
0
Right -Of -Way Strip Maps
Cover Sheet
Parcel Summary
Right -Of -Way Map Sheets
Subtotal Number of Sheets =
Subtotal Number of Sheets =
Total Number of Sheets =
Number of Sheets
1
2
8
11
43
75
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
ATTACHMENT D
Bonnie Brae Street
IH -35E to Scripture St.
Summary of Construction Costs
May 2013
Paving, Traffic Control, Erosion Control, Retaining Walls $ 3,147,531.80
Traffic Signals $ 825,000.00
Drainage $ 926,936.25
Street Lights $ 203,772.00
Pavement Markings $ 39,448.50
Water $ 619,195.00
Sewer $ 277,450.00
Total $ 6,039,333.55
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
PAVING
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
lijem ra ,'a`,,, „ , Description Quantity! Unlit Unit$Priceic .. wxs Item =Costesre...c.,...a$.1..
1 Preparing Right of Way 41 STA 2,250.00 92,250.00
2 Excavation 28,472 C.Y. 4.00 113,888.00
3 Embankment 11,389 C.Y. 3.00 34,167.00
4 Backfill 41 STA 85.00 3,485.00
5 Topsoil 18,176 S.Y. 0.75 13,632.00
6 Block Sodding 15,346 S.Y. 1.80 27,622.80
7 Seeding 2,830 S.Y. 0.30 849.00
8 Lime Slurry 725 TON 150.00 108,750.00
10 Lime Treatment 12" 36,257 S.Y. 3.00 108,771.00
11 Concrete Pavement 6" Drives 1,565 S.Y. 47.00 73,555.00
12 Concrete Pavement 10" Cross Streets 3,847 S.Y. 45.00 173,115.00
13 Concrete Pavement 11" Bonnie Brae 30,804 S.Y. 50.00 1,540,200.00
14 2" ACP Over 4" ACP 2,225 S.Y. 35.00 77,875.00
15 Concrete Street Header 360 L.F. 7.00 2,520.00
16 Barricades, Signs, & Traffic Handling 24 MO 4,500.00 108,000.00
17 Landscape Pavers 1,617 S.Y. 45.00 72,765.00
18 Retaining Wall (spreadfooting) w /Formliner 1,500 S. F. 56.00 84,000.00
19 Mono Curb 14,450 L. F. 2.00 28,900.00
20 Sidewalks 4,835 S.Y. 45.00 217,575.00
21 Curb Ramps 24 EA. 1,500.00 36,000.00
23 Erosion Control SWPPP 1 L.S. 75,000.00 75,000.00
24 Capital Improvement Signs 3 EA. 750.00 2,250.00
25 Remove Curb & Gutter 9,700 L. F. 1.90 1 18,430.00
26 Remove Existing Paving Asphalt 22,322 S.Y. 1 6.00 133,932.00
TOTAL $ 3,147,531.80
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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
TRAFFIC SIGNALS
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
ITEM w DESCRIP,TIONS ;'' QUANTITYa UNIT UNIT PRIC ITEiqCOST s
1 Permanent Traffic Signals 3 EA. 225,000.00 675,000.00
Oak, Hickory, Scripture
2 Temporary Signals- Oak, Hickory 2 EA. 75,000.00 150,000.00
SUBTOTAL $ 825,000.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
DRAINAGE
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Amy 4 "IAQYant ty U, it: w UA t i. e,. AUK* sI"
1 18" RCP (CL III) 755 L.F. 35.00 26,425.00
2 21" RCP CL III 160 L.F. 39.75 6,360.00
3 24" RCP (CL III) 650 L.F. 45.00 29,250.00
4 27" RCP (CL III) 720 L.F. 53.50 38,520.00
5 30" RCP (CL III) 250 L.F. 60.00 15,000.00
6 33" RCP (CL III) 350 L.F. 67.00 23,450.00
7 36" RCP (CL III) 1,050 L.F. 80.00 84,000.00
8 39" RCP (CL III) 455 L.F. 86.50 39,357.50
9 42" RCP (CL III) 90 L.F. 93.75 8,437.50
10 45" RCP (CL III) 1,120 L.F. 97.50 109,200.00
11 54" RCP (CL III) 325 L.F. 125.00 40,625.00
12 10' Recessed Curb Inlet 4 EA. 3,500.00 14,000.00
13 12' Recessed Curb Inlet 4 EA. 3,700.00 14,800.00
14 16' Recessed Curb Inlet 11 EA. 4,000.00 44,000.00
15 20' Recessed Curb Inlet 8 EA. 4,500.00 36,000.00
16 Y - Inlet 2 EA. 2,475.00 4,950.00
17 Manhole Type 1 19 EA. 5,250.00 99,750.00
18 Junction Box Type 1 9 EA. 8,000.00 72,000.00
19 Trench Safety 5,925 L.F. 1.50 8,887.50
20 FW" Wingwalls 2 EA. 9,000.00 18,000.00
21 5" Concrete Rip Rap 500 S.Y. 45.00 22,500.00
22 Remove Existing Storm Pipe 4,261 L.F. 18.75 79,893.75
23 Remove Existing Manhole 12 EA. 500.00 6,000.00
24 Remove Existing Curb Inlet 18 EA. 600.00,$ 10,800.00
25 Concrete Pavement Repair 1,590 L.F. 47.001$ 74,730.00
TOTAL $ 926,936.25
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
STREET LIGHTS
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Item
Y Descr'i' tion r QuantitYb< w, .n.!t
1 35' White Concrete Street Light Pole 25 EA. 3,000.00 75,000.00
2 Pull Box 18 EA. 525.00 9,450.00
3 2" PVC Conduit 5,500 L. F. 4.15 22,825.00
4 2" Rigid Metal Conduit 300 L. F. 6.75 2,025.00
5 Street Light Pole Foundation 25 EA. 788.00 19,700.00
6 250 Watt Cobrahead Fixture 25 EA. 975.00 24,375.00
7 Electrical Service 3 EA. 825.00 2,475.00
8 4 Bare Street Light Conductor 5,880 L. F. 2.45 14,406.00
9 4 Insulated Street Light Conductor 11,760 L. F. 1 852.85--r$- 33,516.00
TOTAL $ 203,772.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
PAVEMENT MARKINGS
Bonnie Brae Street
Ili -35E to Scripture St
May 1, 2013
Item, t „h ,, ,Des raptoon _ .
r. 4uantity, p:"Unit
L.F.
Jnit Pace
3.00
Iteri Csosit
1 Type IB Double Line 550 1,650.00
2 Type IIIA Barrier Line 2,400 L.F. 2.00 4,800.00
3 Type IVA Barrier Line 1,740 L.F. 3.20 5,568.00
4 Type IA Broken Line 6,990 L.F. 1.50 10,485.00
5 Type VA Stop Bar 535 L.F. 6.10 3,263.50
6 Type IA Broken Line C/R RPM 88 EA. 4.00 352.00
7 Type IIIA Barrier Line C/R RPM 240 EA. 4.00 960.00
8 Type IB Double Line A/A RPM 55 EA. 4.00 220.00
9 ISmall Sign Assembly 27 EA. 450.00 12,150.00
TOTAL $ - 39,448.50
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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
WATER
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
TOTAL $ 619,195.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
4uanti« Unites r UnifPe 'Ite%st K ...,
1 6" PVC Water Line 500 L.F. 33.75 16,875.00
2 8" PVC Water Line 1,090 L.F. 39.75 43,327.50
3 10" PVC Water Line 110 L.F. 41.00 4,510.00
4 16" PVC Water Line 4,100 L.F. 48.00 196,800.00
5 Standard Fire Hydrant 25 EA. 1,800.00 45,000.00
6 6" Gate Valve 25 EA. 562.50 14,062.50
7 8" Gate Valve 10 EA. 750.00 7,500.00
8 10" Gate Valve 1 EA. 1,050.00 1,050.00
9 16" Gate Valve 20 EA. 1,200.00 24,000.00
10 2" Air Release Valve 3 EA. 2,625.00 7,875.00
11 6" Blow Off Valve 3 EA. 4,500.00 13,500.00
12 Salvage Fire Hydrant 7 EA. 262.50 1,837.50
13 2" Water Service (Short) 27 EA. 975.00 26,325.00
14 2" Water Service (Long) 10 EA. 2,100.00 21,000.00
15 Driveway Repair 330 L.F. 12.00 3,960.00
16 Rock Cushion 100 C.Y. 22.50 2,250.00
17 Sodding 450 L.F. 1.50 675.00
18 Connect to Exist Water Line 12 EA. 1,125.00 13,500.00
19 Ductile Iron Fittings 15 TN. 5,625.00 84,375.00
20 Trench Safety 5,800 L.F. 1.50 8,700.00
21 Temporary Pavement Repair 3,5301 L.F. 23.25 1 82,072.50
TOTAL $ 619,195.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
SEWER
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Itgj. Desciripton,y.,.
x Quantity Unit Un tPrice ItemCost
1 8" PVC Sewer Pipe 2110 L.F. 30.00 63,300.00
2 10" PVC Sewer Pipe 110 L.F. 32.00 3,520.00
3 15" PVC Sewer Pipe 600 L.F. 42.00 25,200.00
4 24" PVC Sewer Pipe 795 L.F. 85.00 67,575.00
5 Manhole 18 EA. 4,000.00 72,000.00
6 Extra Depth Manhole 100 V. F. 90.00 9,000.00
7 Trench Safety 3615 L.F. 1.50 5,422.50
8 Temporary Pavement Repair 500 L.F. 23.25 11,625.00
9 Concrete Encasement 290 L.F. 22.50 6,525.00
10 Remove Exist. Manhole 8 EA. 450.00 3,600.00
11 Tie to Exist S.S. 5 EA. 600.00 3,000.00
12 Rock Cushion 100 C.Y. 22.50 2,250.00
13 Sodding 2430 L.F. 1.501 3,645.00
14 Abandon Exist M.H. 3 EA. 1 262.501 787.50
TOTAL $ 277,450.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
ATTACFA ENT E
SCOPE OF SERVICES, DELIVERABLES AND RESPONSIBILITIES OF OWNER
NORTH BONNIE BRAE STREET IMPROVEMENTS
FOR THE CITY OF DENTON
GENERAL: The City of Denton North 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 ofthe Project:
A. Conceptual Design
1. Attend a kick -off meeting with the Owner to discuss the various aspects of the project
including planning and design criteria, work program and schedule, procedures of
communication, and assignments of personnel.
2. Obtain from the Owner, franchise utility providers, and the Texas Department of
Transportation (TxDOT) all available record drawings, planning reports, traffic
counts, zoning ordinances, and other data that may be pertinent in considering the
development of the preliminary alignments and the final design of the proposed
improvements.
3. Determine from a field reconnaissance of the project area the general layout of the
land for the improvements including location of existing above ground utilities and
drainage structures.
4. Develop a schematic layout with two (2) roadway route alternatives at critical
locations along the alignment. Submit four (4) copies of the schematic layout to the
Owner for review.
5. Attend meeting with Owner to discuss potential utility conflicts and the proposed
relocation plan. GAI will meet with the Owner's Project Manager and Engineering
stafffirst and utility staff later if necessary.
6. Attend a meeting with the Owner to discuss the alignment alternatives and
recommendations.
7. Upon Owner approval of alignment and the schematic design GAI will develop a
15% construction plan set with paving plan/profile sheets, intersection layouts, right -
of -way sheets.
Prepare a preliminary estimate of probable construction cost and submit with four (4)
sets of 15% plans for review.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
9. Meet with the Owner to discuss the 15% design. GAI assumes that we will meet with
the Owner three (3) times during the 15% design phase.
10. Submit 15% plans to utility companies for review and comment. Attend a preliminary
coordination meeting with the franchise utility companies.
11. GAI will attend a coordination meeting with DCTA and TxDOT to coordinate plan
approval and future permits for the project.
ARTICLE II
ADDITIONAL SERVICES (DESIGN PHASE):
A. Design Surveying
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 Northbound Frontage Road to
University Drive. The survey corridor shall be 200' wide, extending 100' on each
side of the proposed roadway centerline, and shall extend a minimum of 200' along
all intersecting streets. The survey shall consist of roadway cross sections taken at
50' intervals, locating all existing features such as water valves (including top of nut
elevation), curb & gutter, asphalt, driveways, culverts, headwalls, mailboxes,
geotechnical boring locations, sanitary and storm sewer manholes (including invert
elevations with flowlines, sizes and material types), trees with 6" or greater diameter
at 4' height, tops and toes of slopes, visible utilities, utilities marked by others, power
poles, telephone risers, and all other visible features.
3. Provide additional topographic surveying at two creek crossings for hydraulic
modeling. The limits of the survey will extend 500' upstream and downstream from
the existing crossings. Trees will not be surveyed in these areas.
B. 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.
4. 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
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
investigation. Evaluate the project area for federally listed threatened or endangered
species habitat.
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.
Coordinate with cultural resources sub - consultant. Review and provide comments on
draft cultural resources report.
7. 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.
8. 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.
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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 1 /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
Conservation Service, it is not expected that mechanical trenching will be necessary.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
M. 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.
C. Right -of -Way Services (Crossland Acquisitions) (Additional Service if Requested)
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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 Clerk's Office
3. Initial Appraisal:
a) Appraiser must be approved by the City of Denton.
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 of Denton. 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 of Denton.
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 ofDenton.
4. Right of Entry:
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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 of Denton.
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 ofAppraisal.
f) 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. Relocation 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 housing /rental supplement to the
City of Denton along with supporting documentation.
f) Provide 90 -day notice to vacate simultaneously with the delivery of the
relocation benefits package.
g) Sixty days later or upon acquisition of the 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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
j) Prepare moving plan with appropriate photos and sketches along with
inventory ofpersonal 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 of the 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 of Denton.
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,
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 of Denton.
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
i) 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.
ARTICLE III
EXTRA SERVICES: Extra Services to be performed by GAI, if specifically authorized in
writing by Owner, which are not included in the above- described Basic and Additional Services,
are described as follows:
A. Phase II Environmental Site Assessment services in accordance with ASTM standards to
identify and investigate the nature and extent of potential environmental contamination.
B. Tree survey to comply with City ofDenton tree protection ordinance.
C. Field layouts or the furnishing of construction line and grade surveys.
D. Legal services for eminent domain hearings.
E. Historical structure survey for any structure that is within the proposal right -of -way that
is 50+ years old will be considered an additional service.
F. If buried features or structures are located, it may be necessary to conduct formal
National Register of Historic Places testing to satisfy the THC. The costs of in -depth
NRHP testing or mitigation excavation will be considered an additional service.
G. Documenting and Recording Historic Structures.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 government grants, loans, or
planning advances and providing data for detailed applications.
L. Preparing data and reports for assistance to Owner in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute
review boards, or other legal and /or administrative proceedings or hearings are caused by
actions or negligence of GAI or one of its subconsultants..
M. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with contractor(s) unless such litigation, mediation,
arbitration, dispute review boards, or other legal and /or administrative proceedings in the
defense or prosecution of claims disputes with contractor(s) are caused by actions or
negligence of GAI or one of its subconsultants.
N. Assisting Owner in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT unless such litigation,
mediation, arbitration, dispute review boards, or other legal and/or administrative
proceedings in the defense or prosecution of claims disputes with contractor(s) are caused
by actions or negligence of GAI or one of its subconsultants. Such services, if any, shall
be furnished by GAI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
O. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective construction work.
P. Design, contract modifications, studies or analyses required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
Q. Services required to resolve bid protests or to rebid the project for any reason, unless such
rebid is directly caused by actions or negligence of the engineering professional.
R. Visits to the site in excess of the number of trips included in Article I for periodic site
visits, coordination meetings, or contract completion activities.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 ofthe construction phase not specifically listed in
Article I.
U. Providing basic or additional services on an accelerated time schedule. The scope of this
service includes the cost for overtime wages of employees and consultants, inefficiencies
in work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the Owner.
V. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence ofhazardous substances in any form.
W. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of GAI.
X. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Y. Provide follow -up professional services during contractor's warranty period.
ARTICLE IV
TIME OF COMPLETION: GAI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
schedule shown as Exhibit 3 ofthis document.
If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not
limited to delays in Owner or regulatory reviews, delays on the flow of information to be
provided to GAI, governmental approvals, etc. If the project is placed on hold by the Owner for
more than six months, GAI reserves the right to negotiate additional compensation for additional
services related to the delay.
ARTICLE V
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so
as not to delay the services of GAI:
A. Designate in writing a person to act as Owner's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define Owner's policies and
decisions with respect to GAI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project,
including project objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
copies of all design and construction standards which Owner will require to be included
in the plan.
C. Assist GAI by placing at GAI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to
completion of the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by GAI, obtain advice of other consultants as Owner deems
appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of GAI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
F. Attend and take leadership role in project progress meetings and other project related
meetings and attend and moderate the public meetings.
G. Give notice to GAI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of GAI's services, or any defect or
nonconformance of the work of any contractor.
H. Contact other departments within the City of Denton and coordinate with them to obtain
record drawings of other utilities, buildings, or infrastructure as needed.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
North Bonnie Brae
Exhibit 4
Graham Associates. Inc.:
Principal 150.00
Senior Engineer 125.00
Registered Public Land Surveyor 125.00
Senior Hydrologist 125.00
Registered Engineer 100.00
Graduate Engineer 90.00
Graduate Hydrologist 95.00
Technician IV 90.00
Technician III 75.00
Technician II 60.00
Technician I 40.00
GPS Survey Crew 130.00
3 Man Survey Crew 140.00
2 Man Survey Crew 120.00
Clerical 35.00
CADD Station 25.00
Schrickel. Rollins & Associates. Inc.:
Project Manager 150.00
Senior Engineer 120.00
Engineers 90.00
Senior Landscape Architect 95.00
Landscape Architect 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)
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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 "x 17 ") $ 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
Landtec Enizineers. LLC
19 DI MT1XQMJ
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 I1I 60.00
Senior Engineering Technician 65.00
Engineering Assistant /Specialist 75.00
Word Processing /Clerical 50.00
Drafting /CADD 70.00
Field Survey 115.00
Field Survey over 8 hrs /day 125.00
GPS Equipment 10.00
GPS Communications 50.00
Robotic Equipment Charge 10.00
Transportation (portal to portal) 0.65 /mile
Transportation w /trailer (portal to portal) 0.75 /mile
Minimum Transportation Charge 50.00 /trip
Support Vehicle 50.00 /day
Per Diem 150.00 /day
Sample /Document Shipment.$ 50.00 each
Plots /Copies 50.00 /first plot;
5.00 after first plot
Copies 0.10 /page
DRILLING AND SAMPLING
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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
Drill Rig Standby Time
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.)
140.00 /test
w /continuous bbl sampler 27.00 /foot
Drill Rig Standby Time 185.00/hour
SOIL
Atterberg Limits (liquid and plastic limits),
ASTM D4318 60.00 /test
Percent Passing No. 200 Sieve,
ASTM D 1140 50.00 /test
Standard Proctor,
ASTM D 698 140.00 /test
Modified Proctor,
ASTM D 1557 175.00 /test
TEX -113E 225.00 /test
Processing Materials greater than No. 4 65.00 /test
Sieve Analysis, ASTM D422 70.00 /test
Lime /Atterberg Limits Series, 4 points 250.00 /test
Soluble Sulfate, TxDOT 145E 100.00 /test
Moisture Content, ASTM D433 15.00 /test
Moisture Content and Unit Dry Weight 25.00 /test
Hydraulic Conductivity,
ASTM 5084 310.00 /test
Hydraulic Conductivity, COE 310.00 /test
Hydrometer Analysis. 115.00 /test
Specific Gravity 60.00 /test
Unconfined Compressive Strength 45.00 /test
Unconfined Compressive Strength (core) 60.00 /test
Absorption - Pressure Swell 100.00 /test
Free Swell 75.00 /test
Bar Linear Shrinkage 20.00 /test
California Bearing Ratio
ASTM 1883) 225.00 /point
Consolidation 450.00 /test
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Geotechnical & Environmental Engineering
Construction Materials Testing
Laboratory Testing
September 28, 2012
Proposal No. 3156
Mr. Jim Wagnon, P.E.
Graham Associates, Inc.
600 Six Flags Drive, Suite 500
Arlington, TX 76011
Re: Proposal for Construction Materials Testing CMT Services
Bonnie Brae Street, Scripture Street to US Hwy 380, Denton, Texas
Dear Jim'
In accordance with your request we are herein submitting our proposal for Construction
Materials Testing services for the Bonnie Brae Street project including the section from
Scripture Street to US Highway 380 in Denton, Texas. This proposal is based on
information provided and discussed on September 27, 2012.
Based on our understanding of the roadway project, the existing street will be improved
to add additional lane width in both directions, resulting in a four lane arterial. The
proposed pavement includes reinforced Portland cement concrete paving on a stabilized
subgrade.
1.0 GENERAL
Based on the information currently available and our understanding of the project, we
propose to provide observation / testing on the following items.
General grading along the roadway including utility backfill
Stabilized subgrade for the concrete paying
Reinforcing Steel
Concrete Paving
t-ANDTEC ENGINEERS, LLC 1700 Robert Road, Suite 101 Mansfield, Texas 76063 817.572.2818 Fax 817.453.9984
3156 Bonnie Brae Street - CMT- Sept2012.doc
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
2.0 BASIC SCOPE OF SERVICES
The following paragraphs and attachments detail our basic scope of services and
estimated cost for the construction materials observation and testing, coordination of
field technicians and related engineering review of testing for the project. As a general
overview, our scope of work includes the following:
Provide experienced engineering technicians to perform on site and laboratory
testing services including sampling materials, observation and testing earthwork,
reinforcing steel, stabilized subgrade and concrete during construction.
Provide an experienced geotechnical /materials engineer (Registered Professional
Engineer in Texas) to provide oversight and coordination of the engineering
technician's daily work, review test data and review test report submittals.
Perform moisture /density relationships (standard Proctor), Atterberg Limits (liquid
and plastic limits) for general earthwork and backfill.
Perform compaction tests using a nuclear density device (Troxler gauge).
Determine the density and moisture content, percent compaction on general
earthwork.
Perform observation and testing of the paving subgrade stabilization including
compaction tests, Proctors, field gradations and depth checks.
Observe reinforcing steel based on project plans and contractor supplied shopdrawings.
Perform observation and testing of concrete paving, including slump,
temperature, air content and casting the appropriate number of cylinders for
compressive strength testing.
Based on our current understanding of the proposed construction project, LANDTEC
proposes the following Basic Services to provide construction materials testing on the
referenced project.
A. General Earthwork / Utilities
Standard Proctor and classification tests will be performed for the on -site soils proposed
for fill. In -place moisture - density (compaction) tests will be taken in each 6 to 8 inch lift
of compacted fill material using a Troxler nuclear density gauge. Tests will be taken at a
frequency of one test per 5,000 to 10,000 square feet with a minimum of two tests per
lift.
3156 Bonnie Brae Street - CMT- Sept2012.doc LANDTE[ ENGINEERS
2
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
D. Pavement Subgrade
Observation and testing of the pavement subgrade will include use of a Troxler nucleardensitygaugetodeterminethemoistureanddensityofthestabilizedsubgradeandverifyitiscompactedasperthespecifications,
Field moisture- density (compaction) tests will be performed at the rate of one test per
approximately each 5,000 to 10,000 square feet, with a minimum of two tests persection. Gradation tests will also be performed on the prepared subgrade (once the
chemical additive is applied) at the rate of approximately one per three compaction tests.
C. Portland Cement Concrete Paving
An engineering technician will sample /test the concrete paving and flatwork. Samples of
plastic concrete will be obtained for slump measurements, air and temperature, and
casting of compressive strength specimens. Concrete will be sampled each 100 cy orfractionthereofforslumpandasetofcylinders (4 each) will be cast and tested per each100cyorfractionthereof. The cylinders will be tested with one cylinder at 7 -days, two at
28 days, and one held in reserve. Batch plant inspection is not included in our scope andcost.
D. Reinforcing Steel
Observation of reinforcing steel for the paving and other cast -in -place concrete based on
contractor supplied shop drawings will be performed on rebar for reinforced cast -in -place
concrete elements.
3.0 ADDITIONAL SERVICES
The following services are not included in the Basic Services and will be considered asAdditionalServices, if and when required or requested:
Additional hours or trips for the engineering technician beyond the specifichours /trips detailed on the attached spreadsheets.
Additional engineering, site visits, report review and preparation time beyond what
is outlined in basic services and detailed on the attached spreadsheets.
Additional testing beyond that outlined in Basic Services on the attached
spreadsheets,
The services of specialty sub consultants or other special outside services other
than those described in Basic Services.
Any other services not specifically included in Basic Services and on the attached
spreadsheets.
3156 Bonnie Brae Street - GMT- Sept2012.doc LANDTEC ENGINEERS
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
4.0 GENERAL INFORMATION
We propose to provide construction materials testing and observation services for this
project on a call -out basis. The contractor's superintendent will be responsible for
providing notification for field testing. A minimum notice of 24 hours is requested so that
we may effectively schedule our personnel.
Tests will be conducted in all areas designated by the superintendent to be ready for
testing at the time the technician is on site. Field test results will be given verbally to the
superintendent before the technician leaves the site. Test reports will be submitted after
the results are reviewed by a geotechnical /materials engineer. It will be the contractor's
responsibility to track areas and/or items requiring retesting and to schedule retests.
The presence of our field representative will be for the purpose of providing observation
and field testing. Our work does not include supervision or direction of the actual work of
the contractor, employees or agents of the contractor. Neither the presence of our field
representative nor the observation and testing by our firm shall excuse the contractor in
any way for defects discovered in his work.
It is understood that our firm will not be responsible for the job or site safety on this
project. Job and site safety will be the sole responsibility of the contractor.
5.0 COST ESTIMATE (CMT Services)
As indicated in the introduction, the cost estimate provided herein is an "estimate only ".
This is in part due to the fact that the project has not been designed at the time of this
submittal; plans and specs are not available; and, the construction time frame is
unknown.
Cost Estimate for Bonnie Brae — Scripture to US 380: $ 34,320
The actual cost will be dependent on the contractor's rate of work and scheduling of the
various individual work elements. The total testing cost is determined by such items as
the quantity of equipment and manpower on site, cubic yards of concrete placed per day,
earthwork equipment, daily production and scheduling, weather conditions and numerous
other items that are beyond LANDTEC's control.
LANDTEC proposes to perform the Basic Services outlined herein on the basis of Time
and Materials. The attached Cost Estimate sheets estimate the number of hours, tests,
transportation, report preparation and review time. The spreadsheets also present the
unit rates for the various activities. Cost for the items may vary; however, the total
estimated amount will not be exceeded without notification of the client and with client's
approval. Client and LANDTEC may subsequently agree in writing for additional services
to be rendered under this agreement for additional negotiated compensation.
3156 Bonnie Brae Street - CMT- Sept2012.doc LANDTEC ENGINEERS
4
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Notes for the cost estimate are as follows:
1. Field test rates are charged per test in addition to technician hourly rates.
2. A minimum of four hours technician time and vehicle charge will be billed for
each call out, sample or specimen pickup.
3. A minimum of four concrete cylinders will be charged for each concrete
placement.
4. A minimum of four in -place moisture- density tests will be charged for each triptositetoperformtests.
5. Technician time is charged portal -to- portal from our office.
6. Overtime rates are 1.5 times the regular rate for hours worked over 8 hours
per day or hours before 7:00 AM and /or after 5:00 PM. Lab and field services
performed on Saturday, Sunday:and holidays will be charged at 1.5 times the
regular rate.
7. Additional tests not included in this proposal will be quoted upon request.
We appreciate the opportunity to submit this letter proposal and look forward to providing
construction materials engineering and testing services for this project. If you have anyquestionspleasecall.
Sincerely,
IANOTEC ENGINEERS, LLC
Thomas D. Baker, P.E.
Sr. Geotechnical Engineer/ Principal
Attachments: Cost Estimate Spreadsheets A -1 and A -2
3166 Bonnie Brae street - CMT- sept2012.doc LANDTEC ENGINEERS
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Construction Materials Testing Cost Estimate
Bonnie Brae - Scripture to 380
Denton, Texas
Item Description Unit Estimated Unit Estimated
Earthwork / Backfill - Testing
Engineering Technician hr 40 50.00 2,000.00
Engineering Technician OT hr 20 75.00 1,500.00
Transportation mi 1,000 0.65 650.00
Vehicle ea 6 50.00 300.00
Standard Proctor ASTM D 698 ea 4 140.00 560.00
Atterberg Limit Test ASTM D 4318 ea 4 60.00 240.00
Percent Passing #200 Sieve - D 1140 ea 4 50.00 200.00
Sieve Analysis ea 2 70.00 140.00
In -Place Density Test - ASTM D 2922 & 3017 ea 30 15.00 450.00
Report Preparation /Clerical hr 8 50.00 400.00
Geotechnical Engineer/ Report Review I hr 8 125.00 1,000.00
Transportation mi 1,000 0.65 1 650.00
Subtotal _ 8,090 00
Pavement Subgrade - Testing
Engineering Technician hr 80 50.00 4,000.00
Engineering Technician (OT) hr 10 75.00 750.00
Transportation ea 1,500 0.65 975.00
Vehicle ea 10 50.00 500.00
Standard ProctorASTM D 698 ea 3 140.00 420.00
Atterberg Limit ea 3 60.00 180.00
Percent Passing #200 Sieve ea 3 50.00 150.00
Sieve Analysis ea 2 70.00 140.00
Soil / Stabilization / Atterberg Limits Series ea 1 250.00 250.00
Field Moisture/Density Tests ea 30 15.00 450.00
Gradation Tests ea 10 20.00 200.00
Report Preparation/Clerical hr 8 50.00 400.00
Geotechnical Engineer/ Report Review hr 8 125.00 1,000.00
Transportation mi 1,000 0.65 650.00
Subtotal 10,065 00
Concrete Paving - Testing
Engineering Technician hr 75 50.00 3,750.00
Engineering Technician OT hr 20 75.00 1,500.00
Transportation ea 2,000 0.65 1,300.00
Vehicle ea 10 50.00 500.00
Concrete Cylinders ea 60 18.00 1,080.00
Report Preparation /Clerical hr 16 50.00 800.00
Project Engineer/ Report Review hr 1 8 125.00 1,000.00
Trans ortation mi 200 0.65 130.00
Subtotal = 10,060.00
Reinforcing Steel
Engineering Technician hr 40 50.00 2,000.00
Engineering Technician OT hr 10 75.00 750.00
Transportation ea 1,500 0.65 975.00
Vehicle ea 10 50.00 500.00
Report Preparation /Clerical hr 8 50.00 400.00
Project Engineer/ Report Review hr 4 125.00 500.00
Transportation mi 0.65
Subtotal = 5,125.00
LANDTEC ENGINEERS
3156 Bonnie Brae - Scripture to 380 -CMT Sept2012.xls A -1 9/28/2012
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Construction Materials Testing Cost Estimate
Bonnie Brae - Scripture to 380
Denton, Texas
3-1m W1111111111111111 _-
c u iNuuii unit I Estimated Unit Estimated
Pre - Construction /Construction Meetings
Project Engineer P.E. hr 4 125.00 500.00Transportationmi1000.65 65.00ReportPreparation /Clerical hr 2
Engineering Technician hr 4
50.00 100.00
50.00 200.00Transportationea1000.65 65.00Vehicleea150.00 50.00
Subtotal 980.60- 80 00
Total —Estimate
t-ANDTEC ENGINEERS
3156 Bonnie Brae- Scripture to 380 -CMT Sept2012.xfs A -2 9/28/2012
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Blanton @ Associates, Inc
ENVIRONMENTAL CONSULTING • PLANNING • PROJECT MANAGEMENT
August 31, 2011
Mark Burckhard, P,E.
Graham Associates, Inc.
600 Six Flags Drive, Suite 500
Arlington, Texas 76011
Re: Proposed Scope of Services for Improvements to North Bonnie Brae Street from 1H 35E to
US 380, City of Denton, Texas
Dear Mr. Burclhard:
As requested, we have prepared the following scope of services to be provided by Blanton & Associates,
Inc. (`B &A") for the proposed improvements to Bonnie Brae Street extending from 114 35E to US 380.
The proposed improvement would widen Bonnie Brae Street between IH 35E and US 380 from a two -
lane undivided facility to four -lane divided facility with raised medians. The proposed project is
approximately 1.4 miles in length and may result in several displacements acid /or relocations due to the
requirements of the proposed project and developed nature of surrounding properties. A copy of the
preliminary schematic is included as Attachment A.
Under this proposal, B &A will prepare environmental documentation in accordance with the North
Central Texas Council of Governments' (NCTCOG) requirements for local environmental review. The
report will include NCTCOG's Environmental Review Checklist for Local Projects and supporting
documentation for each section of the checklist. The NCTCOG's Draft Environmental Review Process
for Local Projects is included as Attachment B.
Environmental Report Documentation
The environmental report will include NCTCOG's Environmental Review Checklist for Local Projects
and supporting documentation for each section ofthe checklist. B &A will work, closely with the Engineer
and City ofDenton to complete the local environmental review process outlined in Attachment B. Draft
and final enviromiental reports will be submitted to the Engineer for processing:
The following scope of services is based on associated field investigations, and preparation of the
environmental report.
Project Information
This section will describe the proposed project; project costs for engineering; right -of -way, utility
relocation, and construction; deed and purpose for the project; and alternatives considered during project
development.
5 LAKEWAY CENTRE CO LIP T, SUITE 200 • AUSTIN, TEXAS % 8 7 3 4
PHONE 512.264. 1095 • FAX 512.264. 1531
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Proposed Scope ofSemitesfor Improvements to Bonnie Brae Streetfi -om 11135L to US 380, City ofDenton
August 31, 2011
Page 2
Local Support and Coordination
This section will list local planning documents that include this project, identify project consistency with
other transportation, infrastructure, or community projects or plans, address compliance with the
Americans with Disabilities Act, document any agreement executed with authorities /agencies, list local
governmental approvals or permits obtained or required, public involvement process and outreach to
environmental justice and LEP populations.
Right- of -Way Information
This section will describe additional ROW needs, number of parcels affected by ROW acquisition,
existing area land use, method for estimating ROW acquisition costs, potential relocations or
displacements of structures, utility relocations or adjustments and potential conflicts, required utility
permits, and potential project impacts on existing billboards.
Cultural Resources
Any anticipated impacts to dedicated publicly owned parkland, wildlife refuges, or recreation areas will
be described. This section will also describe potential project impacts on archeological resources and
historic resources based on literature review and field investigations. This section will document
coordination with the THC and the local historic preservation commission (if applicable). A description
of anticipated cultural resource efforts are described below.
Archeolou
A brief review of the proposed project area indicates that it is urban and extensively developed (e.g.,
primarily residential and limited commercial) or in the process of being developed (e.g., the area west of
Bonnie Brae Street between West University Drive and Scripture Street). A review of data available from
the Texas Historical Commission's (THC) online Texas Archeological Sites Atlas (TASA) indicates that
there are no previously recorded sites within or adjacent to the planned project area. The review further
indicated that in 2009, the City of Denton's proposed Nortb /South Water Pipeline within the existing
Bonnie Brae Road right -of -way (ROW) from Scripture Street to approximately 0.75 mile south of the
Loop 288 /Bonnie Brae Sheet intersection, However, as per the THC, the segment of proposed pipeline
from West Windsor Drive to south of the Loop 288 /Boimie Brae Street intersection was subjected to an
intensive archeological survey, the segment of the pipeline from Scripture Street to West Windsor Drive
was not surveyed (as per the THC) given previous impacts and development. Those investigations
discovered no archeological resources (TASA 2011).
Given those circumstances, it is the opinion of Blanton & Associates, Inc. (B &A) that there is little to no
potential -for the proposed project area to contain archeological resources eligible for inclusion to the
National Register of Historic Places (NRHP) or warranting State Archeological Landmark (SAL)
designation. As such, B &A proposes to prepare an archeological background study to initiate project
review with the THC. The background study will evaluate the geologic and soil conditions ofthe project
area in' conjunction with prior disturbances and the location of previously known archeological sites to
assess the potential for the project area to contain archeological resources eligible for inclusion to the
NRHP or warranting SAL. It is B &A's opinion that the level of previous impacts to the proposed project
area precludes the need for an intensive archeological survey (as per 13 TAC 26.20 and 26.5).
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Proposed Scope ofServicesfor Innprovenmerrts to Bonnie Brae Sheetfrom IH 35E to US 380, City ofDenton
ftugirst 31, 2011
Page 3
Historic Resource Studies
Blanton and Associates, Inc. (B &A) shall perform a reconnaissance -level documentation and National
Register of Historic Places (NRHP) eligibility evaluation for historic -age buildings, structures, objects,
districts, and non - archeological sites in the project's Area of Potential Effect (APE). Identification,
evaluation and documentation tasks shall be completed in accordance with the provisions of the Secretary
ofthe Interior's Standards for the Identification, Evaluation and Doctrnrentation (48 FR Parts 44716 -42).
Historic studies shall be performed by a TxDOT pre - certified architectural historian and /or historian and
documented at sufficient levels to satisfy Texas Historical Commission (THC) requirements for
determining the presence of historically significant properties in the Area of Potential Effect (APE) in
accordance with 36 C.F.R. 60 and 13 TAC 26. Performance ofhistoric studies shall include the following
tasks.
Task 1— Research Design
B &A shall determine the APE and the limits ofthe survey area in consultation with the THC. B &A shall
conduct a literature review to establish appropriate architectural, historical and cultural contexts for the
project area, determine information requirements and direct the survey effort. B &A shall prepare a
research design in consultation with the THC. The research design shall provide a succinct summary of
the literature review results, clear descriptions of identification, evaluation and documentation tasks
required, and associated production schedules. B &A shall submit an electronic copy of the research
design to Graham & Associates, Inc. (Graham) for forwarding prior to forwarding to THC, unless
otherwise directed by Graham. B &A will revise the research design in accordance with Graham's
comments and forward the research design to the THC. B &A shall revise the research design to reflect
comments by THC.
Task 2 —Draft Historic Resources Reconnaissance Survey
It is anticipated that the APE will be the proposed right -of -way and will include any historic -age resource
defined in accordance with 36 C.F.R. 60 as a building, structure, object, historic district or non-
archeological site at least 50 years old). B &A will also survey any potential historic district within or
partially within the APE. To ensure the reconnaissance -level survey encompasses resources at least 50-
year -old or older, THC's general guideline is to subtract 45 years from the year of letting in the event that
the project is delayed due to unforeseen or unanticipated factors.
B &A shall also complete on -site research sufficient to establish an appropriate historic context for
resources within the APE. B &A shall provide a Historic Resources Survey Report (HRSR) detailing the .
results ofthe reconnaissance -level survey. The HRSR shall describe the findings of the reconnaissance-
level survey and make recommendations for the need, if any, to conduct intensive survey efforts in order
to finalize determinations of NRHP eligibility in accordance with 36 C.F.R. 60. (Intensive survey efforts
would be included under a separate scope and budget, if required.) The HRSR shall have sufficient detail
and clarity to provide the THC with a basis for making determinations ofNRIIP eligibility.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Proposed Scope ofSer•>>icesfar brrpr•overtertts to Bortrtie Brae Streetfrom IFI35L to US 380, City ofDentort
August 31, 2011
Page 4
B &A shall submit fora• hard copies of Draft Reconnaissance -level HRSR to Graham prior to forwarding
to THC, unless otherwise directed by Graham. B &A will revise the Draft IIRSR in accordance with
Graham's comments and forward the Draft HRSR to the THC.
Task 3 — Final Histot•ic Resources Reconnaissance Survey
Based on comments from THC, B &A will revise and finalize the Reconnaissance -level HRSR. B &A
shall submit a hard copy of the Final Reconnaissance -level HRSR to Graham and the THC, unless
otherwise directed by Graham.
Threatened and Endangered Species
This section will document literature review, including the Texas Parks and Wildlife Department's
TPWD) Natural Diversity Database search results, and results of the habitat assessment to identify and
address threatened /endangered species issues. The assessment will focus on federal and state listed
species of potential occurrence. Ecologically sensitive resources, if identified, will be mapped and
described in order to assess the potential effects of project construction and operation. These tasks will
include the appropriate literature and aerial photography review and field verification.
Migratory Bird Treaty Act
This section will document migratory bird observations in the field and address project compliance with
the Migratory Bird Treaty Act.
Farmland
This section will identify potential impacts to prime farmland soils and include form CPA -106, if
applicable. Coordination with the Natural Resources Conservation Service may be required.
Wetlands/Waters of the U.S.
Evaluations of waters of the U.S., including wetlands are not anticipated. The Engineer will notify the
City ofDenton if a Section 404 permit may be required.
Water Quality.
This section will describe potential project impacts to water quality and identify expected permitting
requirements.
Floodplains
This section will describe potential project impacts to floodplains and expected permitting requirements
and coordination with agencies.
Ve etation
This section will identify and describe existing vegetation in the project area and potential project
impacts. Mitigation for project impacts will address local requirements.
Air Quality
This section will discuss potential project impacts on air quality and measures taken to minimize
construction emissions (MSAT and dust). Air quality sensitive receivers adjacent to the proposed project
limits will be identified and described.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Proposed Scope ofSeri,icesfoa., Iniproi,emettis to BoY?We Brae Streetfr -ow 11135E to US 380, City ofDe11to17
August 31, 2011
Page 5
Regulated Materials
A standard American Society for Testing and Materials (ASTM) data search for potential hazardous
material sites within one mile of the project site will be performed. The report will include a map and
detailed information on sites identified. In addition, a visual inspection for potential hazardous materials
will be performed within the existing and proposed ROW.
Hazardous materials concerns for this project will be identified and applicable compliance with local,
state, and federal regulations.
Construction Impacts
This section will identify and describe potential construction impacts on facilities and services in the
project area and surrounding area. Impacts resulting from limited access or detours will be described and
measures to minimize impacts will be discussed.
Noise sensitive receivers near the construction area or along any detour route will be identified and
described.
Project Coordination
This task includes communication with the Engineer, informal commmunication with the City of Denton,
and resource agencies, and attendance at no more than three (3) coordination meetings by B &A
personnel. All communication with the Engineer, resource agencies, and the City of Denton will be made
a, part ofthe project file.
Assumptions
This proposed scope ofservices is based on the following assumptions:
1. A presence /absence survey for federally endangered vertebrates will not be required. If the results of
the habitat assessments indicate that a survey(s) is necessary, or the U.S. Fish & Wildlife Service
determines one or more surveys are needed, it (or they) will be accomplished under a separate scope
and budget.
2. Section 7 consultations under the Endangered Species Act are not included in this scope of services.
Section 7 consultation, ifdeemed necessary, will be accomplished under a separate scope and budget.
3. This scope includes an archeological survey but does not include testing and /or mitigation of sites.
Testing and /or mitigation would be conducted under a separate scope and budget.
4. This scope does not include intensive survey efforts, which includes (but is not limited to) the
research of primary sources such as archival research and deed research. If an intensive survey is
needed, a supplemental scope and fee will be provided.
5. All necessary land access will be secured by the Engineer or the City ofDenton.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Proposed Scope ofServices for I MproveMlents to Bonnle Brae Streetfi-o n III35E to US 380, City ofDenton
Attgvst 31, 2011
Page 6
6. Any mitigation plan that may be required as a result of regulatory coordination or consultation will be
done under a separate scope and budget.
7. Preparation of a National Environmental Policy Act document for Added Capacity TxDOT Facilities
intersection improvements at FM 1515) is not included in this scope of services.
8. This scope of services does not include planning, organizing, or holding any type of public
involvement activity.
9. This scope ofservices does not include formal coordination with any regulatory agency.
10. This scope ofservices does not include the preparation ofa 4(f) or 6(f) Evaluation.
11. Tlus scope ofservices does not include a quantitative air quality analysis.
12. Permitting or state or federal funding requirements may affect this scope of services. Any additional
work or field investigation as a result of permitting or other requirements will be done under a
separate scope and budget.
Under this scope of services, B&A proposes to incorporate environmental documentation in the
environmental report on a time and materials basis not to exceed $69,822.23. The budget estimate is
included as Attachment C.
Sincerely;
Dean Tesmer
Blanton & Associates, Inc.
Attachments
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
IR
Mr. Mark Burckhard, P.E.
Vice President
Graham Associates, Inc.
600 Six Flags Drive, Suite 500
Arlington, TX 76011
Geotechnical & Environmental Engineering
Construction Materials Testing
Laboratory Testing
QA/QC Services
July 14, 2011
Proposal 3143
Re: Geotechnical Investigation — Bonnie Brae Street — 1 -35E to Scripture Street,
Denton, Texas
Dear Mark:
In accordance with your request we are herein submitting our proposal for professional
geotechnical engineering services for Bonnie Brae Street from 1 -35E to Scripture Street in
Denton, Texas. This proposal is based on information provided and discussed during our
meeting on June 30, 2011.
This section of Bonnie Brae Street includes the section north of IH -35E frontage road to
Scripture Street, approximately 3500 linear feet in Denton, Texas.
Based on our understanding of the roadway project and our meeting on June 30, 2011, the
existing street will be improved to add additional lane width in both directions, resulting in a
four lane arterial. The proposed pavement includes reinforced Portland cement concrete
paving on a stabilized subgrade.
The scope of work includes pavement design borings and items associated with
coordinating the field work such as utility clearance, laboratory testing for soil classification
and strength tests, preparation of boring logs, and providing the design team with
geotechnical data.
SCOPE OF BASIC SERVICES
LANDTEC proposes the following Basic Services:
Field Exploration
Drill seven (7) soil sample borings along the existing roadway to depths of
approximately 15 feet for pavement design. (Total of 7 borings and 105 linear feet
of drilling).
LANDTEC ENGINEERS, LLC 1700 Robert Road Suite 101 Mansfield, Texas 76063 817.572.2818 Fax 817.453.9984
3143 Bonnie Brae - 135 to Scripture.doc
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Obtain soil samples and perform Hand Penetrometer tests as appropriate for the
soils encountered.
Observe for groundwater seepage during drilling and record level.
Backfill boreholes with soil cuttings upon completion.
Coordinate the clearance of underground utility locations in accordance with the
State of Texas DIGTESS (811) requirement.
Coordinate with Graham and City of Denton while drilling on or adjacent to public
roads, including traffic control and barricades as necessary.
Laboratory Testing
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
Atterberg limits (liquid and plastic limits) tests
Sieve Analysis
Unit dry weight and moisture content tests
Unconfined Compressive strength tests
Soil / Stabilization Additive / Atterberg Limits series tests on subgrade soils
Soluble Sulfate tests (subgrade soils upper 4 feet)
Engineering Analysis and Reports
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:
Plan of borings illustrating the approximate location of each boring and scale to
which the drawing is made
A log of each boring indicating the boring number, location (northing, easting and
elevation if provided by Graham Associates), depth of each strata, soil description,
field penetration tests including Standard Penetration tests (SPT's) and/or Texas
Cone Penetrometer (TCP) , laboratory tests, and groundwater information
Description of the field exploration and laboratory testing program
3143 Bonnie Brae -135 to Scripture.doc 2 LANDTEC ENGINEERS
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Laboratory test results and analysis of results
Discussion of subsurface soil and groundwater conditions
Pavement design using WinPAS computer software
Recommendations for subgrade stabilization including depth, percent stabilization,
compaction and moisture content requirements
Earthwork recommendations
Four (4) copies of the geotechnical report plus a PDF version
INFORMATION /SERVICES PROVIDED BY CLIENT
We understand the Client will
Assist LandTec with known subsurface utilities or other structures or items which
might be damaged during the field exploration program
Survey locations of boreholes and provide the information to LandTec
Provide existing and proposed grades
ADDITIONAL SERVICES
The following services are not included in the Basic Services and will be considered as
Additional Services, if and when required or requested:
Additional copies of the report; additional submittals of draft reports other than
those described in Basic Services; revisions to the report after final submission to
Client; revisions to the report required as a result of changed regulations or design
Special testing and /or field pavement analysis /studies for pavement design
Installation and monitoring of piezometers
The services of specialty subconsultants or other special outside services other
than those described in Basic Services
Coordination with regulatory agencies other than that described in Basic Services
Any other services not specifically included in Basic Services
3143 Bonnie Brae -135 to Scripture.doc 3 LANDTEC ENGINEERS
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
COMPENSATION
LandTec proposes to perform the Basic Services outlined herein on the basis of Lump
Sum of $11,290.
Client and LandTec may subsequently agree in writing to provide for additional services to
be rendered under this agreement for additional, negotiated compensation. Services
provided by LandTec will be consistent with the engineering standards prevailing at the
time and in the area that the work is performed; no other warranty, express or implied, is
intended. The cost presented here is applicable for 12 months from the date of this
proposal.
ANTICIPATED SCHEDULE
The field exploration will begin approximately one to two weeks from the time authorization
is received. The field work will require approximately one day, depending on weather
conditions and site accessibility.
Laboratory testing will start after the borings are made and should be completed within one
to two weeks after completion of the field exploration.
The geotechnical engineering report will be completed within one week of completion of
the laboratory testing. A total turnaround time of four weeks is anticipated.
Please call if you have questions.
Sincerely,
LANDTEC ENGINEERS, LLC
4amAe
Thomas D. Baker, P.E., R.P.L.S.
Sr. Geotechnical Engineer/ Principal
TBPE Firm No. F- 000329 TBPLS Firm No. 100956 -00
3143 Bonnie Brae -135 to Scripture.doc 4 L ANDTEC ENGINEERS
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
PAVING
Bonnie Brae Street
IBS -35E to Scripture St
May 1, 2013
Item Description Quantity Unit Unit Price Item Cost
1 Preparing Right of Way 41 STA 2,250.00 92,250.00
2 Excavation 28,472 C.Y. 4.00 113,888.00
3 Embankment 11,389 C.Y. 3.00 34,167.00
4 Backfill 41 STA 85.00 3,485.00
5 ITopsoil 18,176 S.Y. 0.75 13,632.00
6 Block Sodding 15,346 S.Y. 1.80 27,622.80
7 Seeding 2,830 S.Y. 0.30 849.00
8 Lime Slurry 725 TON 150.00 108,750.00
10 Lime Treatment 12" 36,257 S.Y. 3.00 108,771.00
11 Concrete Pavement 6" Drives 1,565 S.Y. 47.00 73,555.00
12 Concrete Pavement 10" Cross Streets 3,847 S.Y. 45.00 173,115.00
13 Concrete Pavement 11" Bonnie Brae 30,804 S.Y. 50.00 1,540,200.00
14 2" ACP Over 4" ACP 2,225 S.Y. 35.00 77,875.00
15 Concrete Street Header 360 L. F. 7.00 2,520.00
16 Barricades, Signs, & Traffic Handling 24 MO 4,500.00 108,000.00
17 Landscape Pavers 1,617 S.Y. 45.00 72,765.00
18 Retaining Wall (spreadfooting) w /Formliner 1,500 S. F. 56.00 84,000.00
19 Mono Curb 14,450 L.F. 2.00 28,900.00
20 Sidewalks 4,835 S.Y. 45.00 217,575.00
21 Curb Ramps 24 EA. 1,500.00 36,000.00
23 Erosion Control SWPPP 1 L.S. 75,000.00 75,000.00
24 Capital Improvement Signs 3 EA. 750.00 2,250.00
25 Remove Curb & Gutter 9,700 L. F. 1.90 18,430.00
26 Remove Existing Paving Asphalt 22,322 S.Y. 6.001$ 133,932.00
TOTAL $ 3,147,531.80
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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
TRAFFIC SIGNALS
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
ITEM DESCRIPTIONS QUANTITY UNMITE UNIT PRICE ITEM COST
1 Permanent Traffic Signals 3 EA. 225,000.00 675,000.00
Oak, Hickory, Scripture
2 Temporary Signals- Oak, Hickory 2 EA. 75,000.00 150,000.00
SUBTOTAL $ 825,000.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
DRAINAGE,
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Item Description Quantity Unit Unit Price Item Cost
1 18" RCP (CL III) 755 L.F. 35.00 26,425.00
2 21" RCP (CL III) 160 L.F. 39.75 6,360.00
3 24" RCP (CL III ) 650 L.F. 45.00 29,250.00
4 27" RCP (CL III) 720 L.F. 53.50 38,520.00
5 30" RCP (CL III) 250 L.F. 60.00 15,000.00
6 33" RCP (CL III) 350 L.F. 67.00 23,450.00
7 36" RCP (CL III) 1,050 L.F. 80.00 84,000.00
8 39" RCP (CL III) 455 L.F. 86.50 39,357.50
9 42" RCP (CL III) 90 L.F. 93.75 8,437.50
10 45" RCP (CL III) 1,120 L.F. 97.50 109,200.00
11 54" RCP (CL III) 325 L.F. 125.00 40,625.00
12 10' Recessed Curb Inlet 4 EA. 3,500.00 14,000.00
13 12' Recessed Curb Inlet 4 EA. 3,700.00 14,800.00
14 16' Recessed Curb Inlet 11 EA. 4,000.00 44,000.00
15 20' Recessed Curb Inlet 8 EA. 4,500.00 36,000.00
16 Y - Inlet 2 EA. 2,475.00 4,950.00
17 Manhole Type 1 19 EA. 5,250.00 99,750.00
18 Junction Box Type 1 9 EA. 8,000.00 72,000.00
19 Trench Safety 5,925 L.F. 1.50 8,887.50
20 FW" Wingwalls 2 EA. 9,000.00 18,000.00
21 5" Concrete Rip Rap 500 S.Y. 45.00 22,500.00
22 Remove Existing Storm Pipe 4,261 L.F. 18.75 79,893.75
23 Remove Existing Manhole 12 EA. 500.00 6,000.00
24 lRemove Existing Curb Inlet 18 EA. 600.00 10,800.00
25 lConcrete Pavement Repair 1,590 L.F. 1 47.001 74,730.00
TOTAL $ 926,936.25
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
STREET LIGHTS
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Item Description Quantity Unit Unit Price Item Cost
1 35' White Concrete Street Light Pole 25 EA. 3,000.00 75,000.00
2 Pull Box 18 EA. 525.00 9,450.00
3 2" PVC Conduit 5,500 L. F. 4.15 22,825.00
4 2" Rigid Metal Conduit 300 L. F. 6.75 2,025.00
5 Street Light Pole Foundation 25 EA. 788.00 19,700.00
6 250 Watt Cobrahead Fixture 25 EA. 975.00 24,375.00
7 Electrical Service 3 EA. 825.00 2,475.00
8 4 Bare Street Light Conductor 5,880 L. F. 2.45 14,406.00
9'--,#4 Insulated Street Light Conductor 11,760 L. F. 2.85 33,516.00
TOTAL $ 203,772.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
PAVEMENT MARKINGS
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Item Description Quantity Unit Unit Price Item Cost
1 Type IB Double Line 550 L.F. 3.00 1,650.00
2 Type IIIA Barrier Line 2,400 L.F. 2.00 4,800.00
3 Type IVA Barrier Line 1,740 L.F. 3.20 5,568.00
4 Type IA Broken Line 6,990 L.F. 1.50 10,485.00
5 Type VA Stop Bar 535 L.F. 6.10 3,263.50
6 Type IA Broken Line C/R RPM 88 EA. 4.00 352.00
7 Type IIIA Barrier Line C/R RPM 240 EA. 4.00 960.00
8 IType IB Double Line A/A RPM 55 EA. 4.00 220.00
9 ISmall Sign Assembly 27 1 EA. 450.00 1 12,150.00
TOTAL $ 39,448.50
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.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
WATER
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Item Description Quantity Unit Unit Price Item Cost
1 6" PVC Water Line 500 L.F. 33.75 16,875.00
2 8" PVC Water Line 1,090 L.F. 39.75 43,327.50
3 10" PVC Water Line 110 L.F. 41.00 4,510.00
4 16" PVC Water Line 4,100 L.F. 48.00 196,800.00
5 Standard Fire Hydrant 25 EA. 1,800.00 45,000.00
6 6" Gate Valve 25 EA. 562.50 14,062.50
7 8" Gate Valve 10 EA. 750.00 7,500.00
8 10" Gate Valve 1 EA. 1,050.00 1,050.00
9 16" Gate Valve 20 EA. 1,200.00 24,000.00
10 2" Air Release Valve 3 EA. 2,625.00 7,875.00
11 6" Blow Off Valve 3 EA. 4,500.00 13,500.00
12 Salvage Fire Hydrant 7 EA. 262.50 1,837.50
13 2" Water Service (Short) 27 EA. 975.00 26,325.00
14 2" Water Service (Long) 10 EA. 2,100.00 21,000.00
15 Driveway Repair 330 L.F. 12.00 3,960.00
16 Rock Cushion 100 C.Y. 22.50 2,250.00
17 Sodding 450 L.F. 1.50 675.00
18 Connect to Exist Water Line 12 EA. 1,125.00 13,500.00
19 Ductile Iron Fittings 15 TN. 5,625.00 84,375.00
20 Trench Safety 5,800 L.F. 1.50 8,700.00
21 Temporary Pavement Repair 3,530 L.F. 23.25 82,072.50
TOTAL $ 619,195.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
SEWER
Bonnie Brae Street
IH -35E to Scripture St
May 1, 2013
Item Description Quantity Unit Unit Price Item Cost17PVCSewerPipe2110L. F. 30.00 63,300.00210" PVC Sewer Pipe 110 L. F. 32.00 3,520.00315" PVC Sewer Pipe 600 L.F. 42.00 25,200.00424PVCSewerPipe795L. F. 85.00 67,575.005
6
Manhole 18 EA. 4,000.00 72,000.00ExtraDepthManhole100V. F. 90.00 9,000.007TrenchSafety3615L. F. 1.50 5,422.508TemporaryPavementRepair500L. F. 23.25 11,625.009ConcreteEncasement290L. F. 22.50 6,525.0010RemoveExist. Manhole 8 EA. 450.00 3,600.0011TietoExistS.S. 5 EA. 600.00 3,000.0012RockCushion100C.Y. 22.50 2,250.0013ISoddinq
14 Abandon Exist M.H.
2430 L.F. 1.50 3,645.00
3 EA. 262.50 1 787.50
TOTAL $ 277,450.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
MATERIALS MANAGEMENT DIVISION xx 901B TEXAS STREET x DENTON, TEXAS 76201
940.349.7100 x FAX 940.293.1837
“Dedicated to Quality and Service”
www.cityofdenton.com
May 15, 2020
Graham Associates, Inc.
Attn: Mark Burckhard, P.E., Sr. Vice President
600 Six Flags Drive, Suite 500
Arlington, TX 76011
mburckhard@gramcivil.com
Re: Letter Agreement to Amend (this “Amendment”) Contract 5329 – Engineering Design of
North Bonnie Brae Road from IH 35E Northbound Frontage Rd. to Scripture St. between
the City of Denton (“COD”) and Graham Associates, Inc. (“Graham”) dated August 20,
2013 (the “Contract”) - Amendment 1
Dear Mr. Burckhard,
Thank you for being such a valued partner. By signing this Amendment below, COD and Graham
agree that the Contract is hereby deemed amended to provide for 10% labor rate reductions and
effective as of April 2020.
Except as amended by this Amendment, the Contract is not otherwise amended and all other terms
and conditions of the Contract remain in full force and effect, as amended hereby. This Amendment
may be executed in any number of counterparts, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. Signatures transmitted electronically
shall have the same effect as the delivery of original signatures.
We look forward to future business with your firm.
Regards,
____________________________ ___________________________
Laura Hermosillo, MBA, CMPI Mark Burckhard, P.E.
Procurement and Compliance Senior Vice President
City of Denton Graham Associates, Inc.
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Certificate Of Completion
Envelope Id: B745093247FA497AB2DEB38CCD864921 Status: Completed
Subject: Please Docusign: 5329- Amendment 1
Source Envelope:
Document Pages: 1 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Laura Hermosillo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
laura.hermosillo@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
5/15/2020 10:34:23 AM
Holder: Laura Hermosillo
laura.hermosillo@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Laura Hermosillo
laura.hermosillo@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 5/15/2020 10:35:23 AM
Viewed: 5/15/2020 10:35:30 AM
Signed: 5/15/2020 10:35:33 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Burckhard
mburckhard@grahamcivil.com
DBA Graham Associates, Inc.
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 209.65.241.66
Sent: 5/15/2020 10:35:34 AM
Resent: 5/28/2020 11:49:53 AM
Resent: 6/10/2020 5:08:44 PM
Viewed: 5/15/2020 5:43:52 PM
Signed: 6/11/2020 10:26:00 AM
Electronic Record and Signature Disclosure:
Accepted: 1/30/2018 4:52:36 PM
ID: eacc9463-994d-4fc4-9943-03b3a39d00a9
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Robin Davis
Robin.Davis@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 6/11/2020 10:26:01 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/11/2020 10:26:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/11/2020 10:26:02 AM
Certified Delivered Security Checked 6/11/2020 10:26:02 AM
Signing Complete Security Checked 6/11/2020 10:26:02 AM
Completed Security Checked 6/11/2020 10:26:02 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
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Docusign Envelope ID: 42DF4514-6C3D-804A-81AA-F36FA7A50819
Certificate Of Completion
Envelope Id: 42DF4514-6C3D-804A-81AA-F36FA7A50819 Status: Completed
Subject: ***Purchasing Approval*** 5329 - Widening of Bonnie Brae (I35E to N. of Scripture)
Source Envelope:
Document Pages: 80 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 0 Cheyenne Defee
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cheyenne.defee@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
7/31/2026 2:44:35 PM
Holder: Cheyenne Defee
cheyenne.defee@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 7/31/2026 2:48:42 PM
Viewed: 7/31/2026 2:48:50 PM
Signed: 7/31/2026 2:48:58 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Leah Bush
leah.bush@cityofdenton.com
Assistant City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/31/2026 2:48:59 PM
Viewed: 8/3/2026 4:27:43 PM
Signed: 8/3/2026 4:31:06 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Mark Burckhard
MBurckhard@parkhill.com
Senior Project Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 209.65.241.66
Sent: 8/3/2026 4:31:08 PM
Viewed: 8/3/2026 5:47:44 PM
Signed: 8/3/2026 5:47:54 PM
Electronic Record and Signature Disclosure:
Accepted: 8/3/2026 5:47:44 PM
ID: 54999b60-4a98-4b7d-9a88-1b133ecd3002
Brian Irlbeck
BIrlbeck@Parkhill.com
SVP of Finance
Parkhill, Smith & Cooper, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 138.199.118.178
Sent: 8/3/2026 5:47:56 PM
Viewed: 8/3/2026 5:48:46 PM
Signed: 8/3/2026 5:48:55 PM
Electronic Record and Signature Disclosure:
Accepted: 8/3/2026 5:48:46 PM
ID: f45546d8-1c8c-4942-aa15-fa3efeceff27
Signer Events Signature Timestamp
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 8/3/2026 5:48:57 PM
Viewed: 8/10/2026 1:00:29 PM
Signed: 8/10/2026 1:00:40 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Brian Irlbeck
BIrlbeck@Parkhill.com
SVP of Finance
Parkhill, Smith & Cooper, Inc.
Security Level: Email, Account Authentication
(None)
Sent: 8/10/2026 1:00:43 PM
Electronic Record and Signature Disclosure:
Accepted: 8/3/2026 5:50:35 PM
ID: 8f45fd86-9010-4671-93c8-eeb8553a0113
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 8/10/2026 1:00:43 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Robin Davis
Robin.Davis@cityofdenton.com
Project Manager- Capital Projects
Security Level: Email, Account Authentication
(None)
Sent: 8/10/2026 1:00:43 PM
Electronic Record and Signature Disclosure:
Accepted: 7/26/2026 9:42:33 PM
ID: 510c391d-e0a7-428d-bc12-0214cbfdf288
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/31/2026 2:48:42 PM
Certified Delivered Security Checked 8/10/2026 1:00:29 PM
Signing Complete Security Checked 8/10/2026 1:00:40 PM
Completed Security Checked 8/10/2026 1:00:43 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Mark Burckhard, Brian Irlbeck, Brian Irlbeck, Robin Davis
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.