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2012-124oxDnvaNCE No. 2012-124 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH GR.AHAM ASSOCIATES,INC. FOR ENGINEERING SERVICES RELATING TO THE DRY FORK HICKORY CREEK TRIBUTARY I 1NTERCEPTOR PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 4963—AWARDED TO GRAHAM AND ASSOCIATES, 1NC. 1N THE AMOUNT OF $220,525). 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 is hereby authorized to enter into a Professional Services Agreement with Graham Associates, Inc., Arlington, Texas to provide professional engineering services in the amount of $220,525, relating to the Dry Fork Hicicory Creelc I Interceptor Project; a copy of which Agreement is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached Agreement. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton, Texas under File No. 4963 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. �`� PASSED AND APPROVED this the � day of , 2012. /� / /. � MARK A� B OUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPR ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY } � By: � 4-ORD-File 4963 � THE STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the ��day of �C (,QJ , 2012, by and between the City of Denton, Texas, a Texas municipal corpor on, with its principal off'ice at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Graharn 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: SECTIqN 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 E�ibit 2, Attachment E): A. Conceptual Desi ri Plans Task 1: Bonnie Brae Street (Sanitary Sewer Plans for sanitary sewer general following along Bonnie Brae from Hickory Creek to IH 35E) - Conceptual plans (30% Plans) for this section of the Project sha11 be prepared to such detail as is necessary to resolve all conceptual issues. Conceptual plans must be approved by Owner prior to Design Professional commencing with the preparation of preliminary design construction plans. B. Preliminar��ht-of-Wav Documents, 60% Plans for Bonnie Brae Street Sanitarv Sewer Task l: Bonnie Brae Street (Sanitary Sewer 60% Plans) — At such time as Design Professional is directed by Owner, Design Professional shall prepare the following: 1. Title sheet with index of sheets. 2. Project layout. 3. General Notes. 4. Alignment sheets. 5. Plan/profile sheets for all alignments. 6. Miscellaneous details. 1 7. Utility exhibits. 8. Address 30% comrnents. 9. Update cost. estimates and schedule. Task 2: Kansas City Southern Railroad (K.C.S.R.R.) Permit for Sanitary Sewer Crossing C. Fina1 Construction Plans Task 1: Final Design Construction Plans (90% Plans) — Bonnie Brae Street — Sanitary Sewer Portion. 1. Construction plans. 2. Bid proposal. 3. Special specifications as required. 4. Update City 60% plan comments. 5. Update cost estimates and schedule. Task 2: Right-of-Way 1. Prepare final right-of-way plans and documents for all streets on the project. D. 100% Construction Plans, Right-of-Way, and Specifications Task 1: 100% Bonnie Brae Street 1. Revise plans per Owner's review comments. 2. Revise specifications/bid docum,ents per Owner's review comments. 3. Revise right-of-way documents per Owner's review comments. E. Miscellaneous Requirements — 1. Design Professional shall furnish, upori request by Owner, one (1) set of film reproducibles of the "Final" approved and dated plans. Design Professional shall submit an electronic copy of the drawings in a format acceptable to the Owner. 2. The Design Professional shall also prepare Record Drawings utilizing the construction plans based upon red-line markups reflecting a.ny field changes. The Contractor shall prepare and supply the red-line markups to the Design Professional after construction is complete. Design Professional sha11 submit one (1) set of film reproducibles and an electronic copy of the Record Drawings in a format acceptable to the Owner. 2 SECTION 2 COMPENSATION Total compensation for the Design Professional contemplated under the terms of this Agreement sliall be $220,525 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 $98,855. 2.1.2 Progress payments for Basic Services shall be paid monfhly based on the actual work satisfactorily completed per month in each phase as a percentage of the overall compensation for that phase, with the following percentages of the total compensation for the Basic Services for each phase of the Project: Schematic Design Phase 20% Design and Development Phase 30% Construction Documents Phase 30% Bidding Phase 10% Construction Phase 10% 100% 2.2 ADDITIONAL SERVICES 2.2.1 For Additional Services the total cornpensation shall be $111,670. Compensation for Additional Services shall be based on actual services authorized �and performed with lump suxn or maximum not-to-exceed subtotals depending on the service provided a11 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. sha11 be based on a multiple of 1.1 times the amounts billed to the Design Professional for such additional services. �� � � _ u : :_ _Y�: 1�� �:����f.�.� Reimbursable Expenses sha11 be a muitiple of 1.05 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Proj ect as defined in the General Conditions but not to exceed a total of $10,000.00 without the prior written approval of the Owner. 3 SECTION 3 ENTIRE AGREEMEN'I' 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: E�ibit 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 E�ibit 4. Schedule of Rates This Agreement is signed by the parties hereto effective as of the date first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPRO AS T LEGAL FORM: ANITA BURGESS; CITY ATTORNEY . � r By:� l� � 4 "O WNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: �. G ORGE C. CAMl'BELL CITY MANAGER "DESIGN PROFESSIONAL" GRI4HAM ASSOCIATES, INC. A Corporation /� . / �� � �`�� � a � , , �. � wITNESS: By: l/ �?/t �xhzbit 1 crrY oF nENror� Gg1YERAL CONDITIOIYS TO AGREEMENT FOIi.ARCHTfECTURAL ORENGINEERTNG SERVICES ARTICL�1. A�tCH1TECfOIt�ATGIIYEER'S RESPOIISIBILTLTES 1.1 'li�e Architect or En�nee�s servic+s consist o£ those services for the Project (as de5ned in the agreemenf (the ` A� eement � and proposal (the `�roposaP') to tvhich i[xse Genera! Canditions aze attached) performed hy the Architcct or Engineer (Lereinaftcr calfcd the "Desi� P[ofessionaP'� or Design Professio�3's emplayees and codsultan�s as enumerafed in Artic[es 2 and 3 of these General Conditians as modified by the A�eement and Proposal (t6e `5ervices"}. 1Z Tha Aesign 1'rofessiornl will perfo�m all Services a4 an independent conhactorto the prevailu�g professional standards eonsistent with the level of caze and skill ordinarily exercised by members of ihe same professian currently practicing in the same ]oealiry under similar condidons, including �asonable, in£onned judgnents and pcompt timeLy actlons (the "De�et oP Ca[c'�. The 5ervicas shall be performed as expeditiously.as is consistept �vith the De�ee of Care necessary far the ordedy pro�ess of tha Project Upon request of the Owner, the Design Professiona[ shall submit for the Otvne�'s approval a schedule for itte performance of the Services which may 6e adjusted as the Pmje�t proceeds, and shall inctude ailowances fo� periads oftime required for the O�vner's ravietv and for approval ofsubmissions by authorities havfn; jurisdicdon overtheYroject. Tima limit5 established by ilus schedtila and appxoved by tha Owaer shall not, except for ceasonabie cause, be exceeded bY the Design Ptofessional or �vner, and any adjusiments ta this schedule st�all he muhzally accepiableto both parties. � ARTICi� 2 SCOPE .dF BASIC SER'YiCFS _ 2.1 SASIC SEXt'YxCES bEF11VT�D The Desio ProFessionai's Basic Servius consist ofit�ose descnbed 'ni Sections 22 throug62.6 of ti�ese Genera] Condifions and ineluda without litnitakion normal shuctvral, aivil, mechanical and elecfrical engineering services and any other engineering servicrs necessazy to produca a completa and eccurate set of Conshuction Uocuments, as descrl6ed by and Lequued in Section 2.4. The Basic Servtces may be modified 6y the A�eement 2.2 SCHLMATIC DESIGNPHA.S$ , 2,2,I The Design Professiotial, in consaltation with the OwnaS $h�1 devefop a wtitten pcogcam fot the PmJent to ascer�� Ovine['s needs and to establish tha 7equiremenis fortF�e Yroject 2.2.2 The Desfgl Pcofessional sliallprovida a pceUminary avaIuation of flie Ot�mers progcem, eonsi�uctioa schedule and constntction budget raquirem�ts, eaeh in te� oftha ather, subject to the ]imilations set forth in Subsection 52.1. 2.2.3 The DesignProfessio�l shall reviewtivith the Owneraliamativa approaches w design end constructiaa oft�ePcojeck 2.2,4 Based on the mutually agreed-upon program, schedule and consGuctioa 6udget requtrem�is, the Aesign Professiona! shall prepare, fot approval by the O�me , Schematic Design Documents coosisling of dtawings and other documenfs illus(rating tha srale and selaHonsldp of Project components. 7he $chematic Design shall contemplate compHaztoe vriih a1L appllcsb[e laws, stahrtes, otdinances, cades and regulation� 2,2.5 The Desi�Proftssional shall submit to the Owner a preliminary detailed estimate of Constrttction Cost fmszd on cvae�st a�a, voltttne or oiher unit costs and which indicates the cost o# each eategory of work involved in eonshueting the Pio3ect and esfahlishes an e]apsed time faetor fo[ ihe periad uf tirne from the CommenCementtothe campietioa ofconshucrion. 2.3 DESTGNDEVELOYhiENi'PSASE 2.3.1 $ased on tlte sppiovcd Schematic DeSign Docwnents and any adjustrnents �p�� bY �e Owner u� the pmgr�n, Sahedale or co�tsliuction 6udget, the T3esigt Professional shall prepare for approva] by the Oxner, Dasi� Aeveiopment Dacumenfs consistino of drativings and other doc�ems to 5x and descnbe the size aad charaeter aftt�e Ptoject as to arehitectwal, siiuchual, mechanieal and alecbncal sysfems, materials and such other elements as may ba appropriate, which shall eomply wi#h alt epplicabia ]aws, shatutes, o�dinances, codas and regulatians, Notwithstend�g Ownec's approval of the documenis, Aesign Professional represents that the Documenfs and specifications wi[Ibe sufficient aad ade.yuafeta fulfill thepurposes ofiheProjeck 2,3.2 The Desiga Professiotnl shall advise the �wner of any adjustments to the preliminary estimate ofConsEcuction Cost in a further Detailed Staiement as descrbed in Secdoa 2.2.5. 2.4 CONSTRUCTIONDOCCJhiENi'SPHASE 2,4.1 Based on the apptoved Desi� Development Documents end azry fiu�er adJt's�t°eats in 1he scope or quality of the Project or in the conshuction hud�et aufhorized by the O�we , theDesigaProfessional shalE prepara, for approval byfl�e Owner, Construc4ae Dauments consistiugof Drawings and 3pecifications sefting forth in detail requ¢ements foc the constcuotion of the Project, which shall comply withall applicable Iativs, stahrtes, oidinanCes, cndes aadregulations. . 2,4,2 The pesign Professional s6a11 assist ifie Owner in the przp�atioa of the necessary bidcling or procurement inF�maiion, bidding or procurement famts, the Condttions o£the eonttact, end the form of t�gceement 6ehveen the Owner endcuntraetor, 2,9.3 'Ihe Desi@n Professional sball advise the Qwner afany adjushnenis to pnwious prelimuiasy estimates of CoaShuction Cost indicated by chan;es in requi�ments or general ma�lcet coodi$ons. 2,¢,4 'Fhe'Des{gn Professional sl�all essist ihe O+vaer in conneclion with tha Ownec's responsbifity for filmg dceurnents requ'ved for the app[ovaI of govemmea�l autha-ideshavm;jtuisdictioa averthaProject • . Z.5 CQNSTUCiiONCON!'RACI'PROCUREMENT 2.5.� The Design Professiornl, following iha Ovme�s approval of the Conshuciion Documents and of the ]atest pretiminary deisiled estimate of Conshuc4ion Cost, shak essist tt�e Ownec in ptocurmg a coashuction conkact for the Projeet thtough any procurement method that is Iegally applicable to 1he Rvject including without Page ] of S Ei:lMisclBlank Fa�ms1GENEKAL CONDIITONS-AitCHIfECT ENGIDTEER J�evised 052204.doc Revised 5-30-02 limitation, the comp�titive ualed biddi� process. Ahhou�t ihe Owner w11i consider the advice of tha Desigi Professionel, the awud ofthc construction contract is in tha sole discretion ofthe O�mer. 2.5.2 1f the construction canhac# amouat for ihe Project axceeds tha totai conshuetian cost oftha Project as set fort8 m the approved Deiaiied Sffitement of Probable Cpnstruafion Costs of the Project submitted by the Desi� Professional, than the Design Professianal, at itr sole cost and expensq will revisa the Construckon Docwneals as may fic reqiured by the Ownet fo reduce or modify the quantity or quality of the titi+ork so that the total conshuction cast o€the Project will not exeeed � thatota! construction costset forth in the approvedDetailed Staternent ofi'tobab3e Construction Costs. . , I 2.6 COHISTRUCi'IOI� PHASE - ADMINiSrRAT10N OF �S.E CONSTRUCTIDN CONTItp Ci' � I 2,5,] The Aesig� PcofessionaPs responsbility to provida Basio Services far the Conshucdon Phaso under this Agfeemeirt commtnccs with 1he award of ihe Contract fnr Conshucfion and terminates at tho �ssuance to ihe Otvner of the fuoal Ceztifinate for Paymanf, imless extended under tha ferms af 5uhsection 8,32. I 2.6.2 The Design Pxofessional shalI prpvide detaled adniiniskation ofthC Confract for Conshiaction es set fo[th below. Far design professionalss the administraHon ' st�e31 also be m accordanee with ATA document A201, General Conditions of the Contract for Conshuction, cuneat as of thZ daie of tha Agreement as may be I amendedbytha City ofAenton spwial conditions,unless otitetwise pcovided in $ie A�eetnen#. �ot engineus the administration sha11 also ba in acc°rdanca vnth ihe ' gfandazd 5pecifirations forPubllc Works Construction 6y the North Centtal'Faxas Council of Govemments, curcent as of the date o£ti�e Agceemen� unless othocwise ' providadintheA�eemenk . � � ' 2,6.3 Conshvction Phase duties, responsi6ilities and liwitrtions of authority ofthe Desi� professional shall not ha rzslricted, modifed or axtended without written � a�eemeni oFthe Ownerand Desi� Yrofessional. � � 2.5.4 'Ihe 17esign Professional shali be a representative of and stiall advise and consuJ.t with ihe Lhvnec (1) during constructinn, and (2) at the Ownr.�'s di�etion &om } time to tune during the coaectton, ar warcan[y period descn�ed in the Contraet for Construclion. Ths T�es�� P�'ofessional shail fiave authoriiy to act on behsl.f of the ; � Otmer onty fo the extent provided in the Ageeraent and these General Conditions, unless atherwise modified by written insirvment I and as reasanabi necessdry while � 2.6,5 `Fhe Design Professional. shall observe tha construction site at least one time a K�ek, whiia construction is in progress, Y cons4uc�on isnot in progress, to become f�niliar �vith the plogress and quaiiiy of the work completed and #o determltt6 if the wrocic is being perfotmed in a maimer ; indicatingthaflheworlcwhencompletedvrillbainaccordance�viththeConhactAo�uments. DestgnPtofessionalsheliprovideOwneravmttenteportsubsequentto • each on site visit On the basis of on•s$e observations the besign Professional shall keep the Ovmer infoimed of the prog�ess and qualitY of the wod� and shall exercisa the Dzgree of Care and diligence in discovering and promptly regoiting to the Ovmer any obutvahte defects or deficiencies in the xrock of Conhactor or any su6eonhacfars, Tha Aesi� Professional represents ihat he wilt follo�v Degces o£Care in pedoiming all Suvices under the Agreement 'Ihe DesiguPtofrssional sha[1 promptly correct any dePective desi�s or specificadons fwn�shed by the Tksi� Ptofess{onal at no �ost to the Owner. The Oa�ne�s approvaf� acceptance, use of or payment for all or any part of ihe Aesi� i'tofessional's Senrices hereunder or of the Ptoject itseif shall in no way alter ttze Dui�t ProfessiormFs ob[igatio� or tkie : p�t�e�s rights hereunder. ` 2.6.6 The Design Professional shali not hav8 conirot over nr chazoe of and shall not be iesponsble for conshuction means, methods, teduvques, sequences or � prxedures, or for safety pruautions and programs in connecGon with tl'e w°ik 'Iha besign Professional shall not ba respons�ble for t6e Contractots schedules or i fyj�tue to r,arry aut the �wrk in acco��nee t�ith�e Coahect Documents except insotaz as Such St�u[e may result firom Design PtofessionaYs negligant acts or amis- sions, 'ihe besign Yrofessiona! shall not have controt over or chazge of acis or omissions of the Contractor, Subcontractors, or their egents or employees, or of any ; otherpecsons perfonntrb" Portions oftha work. . } 2,fi.i TheDesignProfessionalshallatalltimeshaveaccesstotheworkwhueveritisinpreparationorprogress, 2,6,g b�cr,ept as may othenvise be pravided in tha Contract Documents or wlien direct comm�micadonv bave beea speciaUY authorize� the Owner and Contraetot � shal7cammujvcata?hmughiGeDesi�Professional. CommunicadonsbyandwiththeDesignProfessianal'scvnsiiltantsshaUhelhroughtheDesigaProfessional. i 2.6.9 aased on the Design ProfessionaPs observations at ihe site of the wrork and evatuations of tha Contncio�'s Applications for Payment, #l�e Aesign Professional i sUall review and ce�tity the amounts dua the Contractor. . , 2.6.10 The Desi� Professional's csrtiScalion for payment shall c�stitvte a represenlaHo� to the Ovme , based on theDesign Prafessional's observa8vns at the site as E prov3ded in 5ubsection 2.6.5 and on the data comprising the Cont[gctots Application for Payment tWat #ha work has progressed ta the point indicated aad that the i quality of the Work is in aceo�dance withtha Contractl7ocuments. The foiegoing representations aze su6ject tv rninor deviations from the Contract Dociunenls cor- , rectabie prior fo compietion and to 9peeifie qual[fieafions express�d by tht Design i'rofessionaL The issumnee of a Certi8cale for Payment st�al!'further constil�ta a ; representadontfiat the Conhactor is entitled to payment inthe amoimt certified. HowEVer, the issuance ofa Cattifieata for Peyment shall nut be a representation that ; the Aesi� Professional has (I) reviewed consfruotion means, methods, techniques, sequences oC ptocedures, or �27 ascertaine� �°W or for vrhat purpose the Contractor Itas use3 money preViotuky paid oueccount of thaContract Stun. 2,6.11 The Design Professional shall l�sve the responsibiltty and aufhonty to Iejxt �wric which does not confomt to the Contract Doc�ents. Wheneverthe Desigu � Professianal conside�s it necessary or edvisable fur implementation ofthe intant of fl�e ContracEDocuments, the Desigi Professional will have authority to zequire ! additioaa! inspeetion or testmg of the uvdc in accordance vvith cfit provisians oF the Conkact Documents, whether or aot such Work is fabticatec� instelled oc _ completcd. F%v,wver, neither flvs sutharity of ihe l�esign Professional nor a decision made in goad faith either to exercise or not exe�ise svcU authority shall give rise : to a duty or responsb�ity nf the Design �rofessional to iha Contractor, Subconiiactois, material and equipmen# suppliers, their agents or employers uZ other persoas ; performingparkionsofthawork. � 2.6.12 �e Design ProfessIonal shalE review and approve or take other appropriate actian uQon Contracto�s submittsls such �s Shop Dnwings, Ptoduct Data and , 5amples for tha puipose of (1) detzrmining comPli�nce witi� applicable laws, statutes, ordinances and codes; and (2) determming wfiether ot not the woriS wheo completed, will be in comgliance with ifle iequirements of the ConhacE Doauments. The Design Professianal shall act with such reasonabla prompiness fo cause no dalay in the work or iq the conshv�tion of ihe Ovmer or of separate con[ractors, tv}tle allowing sufficient time ia the Design Ptofessioffif's pcofessionai judgment ta pemuk adequate review. Review oF such submittals is not conduated forihe purpose ofdetem+ining the acctuacy and completeness of other deiails such as dimeasions and quaatities or for subsEantiati.g instructions for insiallation or perfornnance of equipment or s75tems 3esigiied by the Contrneto , a11 of which remain tha respoasibiliiy of the Conhsctor fo tha extent required by the Contract Documerrts. lite Aesie}i Professional's review shaEl not canst�ihrta approval af safety preca�dioas or, vnless oWenviso spe,cifically st�ted by the Desi�Professional, of ConsfruCtion means, methods, techniques, sequences ot pracedures. Tha Desigp Ptafessional's approval of a specific item shall not indicate approval of an assembly of �fiich the item is a aomponent When pcofessional certifrcation of pe�'ormance characteristies Paga 2 of 8 H:1Misc1BlankFormslG�'RAL CONDITIONS-ARCHITF.CT-ENGINEERRevised052209.don Revised 5-30-02 ofmaterials, systems or equipment is tequi�ed bY the Contr2ct Doc�eats, the Aesigtt Professional shall be entiUed fo cely upon such certification to establish that the materials, systems or equipmenf will mect the perfonnence criteria required by the Contract Doe�ngents. 2,6,J.3 The Design Profrssional shall prepare Chenge Ocders and Construction Cban�a'Dueehves, with supporting documentation and data if deemed riecessary by the Design Profession�l as provided in Su6se�dons 3.1.1 and 3.33, for the Ownei's appcovat and execution in accordance with the �°�h�a°t Documen�� �d �y authorize minor chanees in ihe �wrk not invoiving en adjushnent in ihe Contract Sum or an extension of the Contract T'ane which are not inconsisterrt �vith tlie intent oflhe Confract Documents. 2.G.14 On be8alf of the Owner, tt�a Aesign Professional shall cAUduct u�spections to deteimine the dates of 5ubstantial Completion and Final Complefion, and if requested by thz O�mer shall issue Certificates of Substantial and Final Comple8on. The Aesi�t Professional will ieeeive and review writien guarantees and ielafed docuritems �equirad by the Contract for Construction tn 6a assembled 6y the Contcactor and shalE issue a 5na1 cetti5cate for Payment upon eompliance with lhe requuemenLS ofthe ContrxtDocumenls. Z.b.IS Tha Aesigi A'ofessional shall interpret and provide recommendations ou mai#ers conceming performence of the Owner and ConfraCtor undar 1he reqr�ements af Uae Contract Documen�s on w�ittan request of either ihe Ovmer or Conriactoe The Design Pcofessionai's response to such requests, shalt be made with reasonable promptness and witbinany time ]imits a�eedupon 2,616 Intetpretations and decisions of the Iksi� Professionel shall be cunsistent with the intent of and reasonahly inferable from the Contract Aocumen ��an �s�a11 be in wriling b� in the forra•ofdra�vings• Whenma�tg suchintecptefafions and inidal decisions, the Design Professional st�all endea.vorto secwefaitbTul pe by both Qwner and Coniracto , and shall notbe liab]e For results or interpretaHons or dects[ons so rendeted 1n good faith in accordance with all the prorisions of ihis A�reeatent and in the absence ofnegligence, Z.G.17 The Dzsign Ptofessional stiall rendet writien decisions �vitt�in a reasonabla time on ail claims, dispttfes or other matters in quesiion betwezn tl�e �vner and Conhactor reTating to the execurian oY �u'ogess ofthework as provided lnthe Coetract Dacvments. 2,6,18 The Desiga Professional {1} shall Yender services undu tha Agreementin accordanca with nt b� thee Owner of 8n,�feesedua shall not�be,reteasred from anY caused by ihe defective desi�s the A�si� Professiona! pcepues; end (3) by ecfawwledging paym Y Y � rights the �tmermay hava undertUe A�eemant ordiminish any ofthe DesignProfessionaPs oblieatioas thereunder. 2.6.I9 The DesignProfessional shalf provide the b�vner �vith four sets of repioducible prints showing al� sig�ificant changes to the Conslruckion Documents during the Conshvction Phase, ARTICLE 3 A}�DTFZU:'�AL SERVICES 3.1 GEI�ERAL • 3.1.1. 'Iha services descnbed in this Art�cle 3 are not included in Basic Serrices unless so ideutified �n the A�eement or Proposal, and iheY shall ba paid for by the Owner as provided in the Agreemerst, in addifion to t6e compensaHon for Basic 5ervices. The services descdbed imder 5ections 3.2 bnd 3.4 shall orily be providcd if authorized or confumed in writinS by the O�meY. If servi�es descn'bed tutder ConlingentAdditional Services in Section 3_3 ere req�rired due to ci�umstances beS'ond the Desi� Professional's control, the Desi� Professional shell notify ihe Otimer in writing and shaU not commence such additional services w�iil it receives writtert approval from the Ovmerto pioceed. If the Owner indicates in writing ihat ail or Pazt of such Contingent Additional Services are not required, the Design krafessional shall fiave no obligation to provide thosa seaviees. Ovmer wi7I be responsibla for cAmpensatinS the Desig� Professionai for Contingent Additional 5ervices onlY if they aze not requiied due to the negligenCe or fault af3�esi�3'rofessional 3.2 PROJECTREPRESENI'ATIOIY�EYOI�DBA5IC5ERYLCES 3.2,k If more extensive representation at We sita thaa is descn'6ed in SubsecNori 2,6.5 is required, the T)esign Professional shall provide oue or more Project RepresenEetives to assist in canying outsuchaddidonal on•site nsponsEbi3ities. 3.2.2 Project itepresentatives shalt ba selecied, emp3oyed and directed by ihe Desi�n Pmfessional, and tho DES�gn Yrofessional shall be compensate� therefor as ag�eed by the Owner and Desi� Ptofzssional. 3.3 CQPFI'INGENfADDTTI0�5ERVICES 3.3.1 M�lcing materiat rat'isions inDrawings, 5pecificaflans oe otherdacuments�vhen suchrevisions ue: 1, inconsistent w'sth app[ovals or instntctious previously gven by the �vnec, including tevisions made necessaty hy adlustments ��11e a�e�s program orProjec#bydge� 2. �equiredbyfhaepaehnentorravisionofcodes,lawsorregulationssubsequenttotheprepazationofsuehdocuments,or 3, due to changes te4uired as a result ofthe O�me�'s faifura to render decision in a tunely manner. 3.3,2 Providi� services requi[ed because of significant changes inthe Project including butnotiimited to, sue, qua[ity, complexity, orthe O�mer's schedufe, a�oept for services requirzd tmdar Subsecdon 25.2. 3.5.3 Preparing Thaw;n�, SpeclScatians and other doc�eotation and suppoding data. and praviding other services in connection vr+fn Change Orders end Conshuction Cbange D'uxtives. 3.3.4 Providing consuItatian conceming rapIacemenk of �3ork damaged hy fire orather cause during consimetioq end fumishing services required in cannechon vrith the replecemeni ofsuchwodc. 3.3.� Prrniding servlces made necessary by the deFault of the Contractor, by major defeCts or deficiencies in the work ofthe Conhactor, or by failuCe ofpednrmance o£eitherliie Ovmet ot Contractorunder tha Conhaatfor Cons4nction � Page 3 of 8 H:ltviisc�Blank F'ormslGEIVERAL CQNDTfI0N5-ARCF3ITECT-ENGIl�ER Ravised 052209.doc ltevised 5-30-02 3.3.6 pioviding services in evaluatin� an extensivc number of claims subtnitted by the Con�aotor ar others in conaection with tha �wrk 3.3.7 Providing services in connection tivith a pu6lic hearing, arbihatioa procxcding or lega( proceeding e�cept where the Desi� Professiona( is party the[eto. 3.3.8 Pmviding servicES in addition to those required by Article 2 for prepaziug documents for altemate, sepazate or sequertial bids a providing serviCes !n Connecflon with bidding or co[uhvction ptiorto the compietion of the CaasGuokon Documenfs Phase. 3.3.9 Notwitiufanding anydun� confained in ifie Agreement, Pcoposal or tbese Generel Conditions to the conttary, all serviCes descnbed in this Arlicle 3 th� are ca�sed or necessifated in � �hoie or in part dueto the negligent acE or omission ofthe Desi�t Professianal shali 6e per%rmed by the Design Ptofessional as a part of the Basic Services under the Agreement with no additionat compensation ehove and tayond the wmpensation due the Design Prot�ssional for tha Basio SerVices. The intervenin�or cnneurrent negG�ence ofthe Otvnershall not limiithe I}esi� Profusional's a61 e�ations undu this Subsec6on 3.3.9� 3.4 DPTIQ'�YA� ADAITIONAL SERVICES 3.9.1 Providing financia] feas[bility ar ather speciaf studies. 3.4,2 Providing planuing siuveys, site evaluations orcompazativa studies ofprospective sites. 3.4,3 Providing special surveys, anvironmen#al sludies and submissians tequired for apptovaIs of gavemmental authorities or others having jurisdiction over the Yroject 3.4.4 PtoViding servlcesrelafivato future factlities, systems andequiprnent 3.4.5 Providing services to investigate existing condilions or fao�7i6es orfa make measiued dcawings thereof. 3,d.6 Providing services to verify the accwacy ofdra�vings or other infomta4ion fiunished by the Owner. 3.4.7 Providing coordinaHon ofconshucdonperforrned by separate confractors or by the Owner's otvn forces and coordination of serc�ices required in conuection with canshvctionperfortned and equipment supplied by ihe Owner. . 3.4.8 Pro�tiding detailed quantity stuveys or inventories ofmateriaf, equipment and labor. � 3.4.9 Providing analyses oFoperatiqg and meintenance costs. 3.4,10 Making investigations, inventories o#materiais or equipmen� or valuations end deiailed app�aisal5 of eY'�'"v facitities. 3.4.I2 PrflViding assisiance in the utiiiza$on af equipment or sys�ems svoh as iesfing adjusGng and balancin,e�, prepazaiion of operation and maintanance mannals, training petsonnel for operatioa and mauitenance a4rd consulfation duting operalloa 3.9.13 Providing interior desigi and sunilar services requixed for or in coanection lvith tha selection, prceurement or fnstaIlation of fumiture, furnish�gs and related equipment. 3.4.14 Provtding seivices other than as provided in Sec6oa 2.b.4, after issuance to ihe Qvmer of tiie 5nal Cedifieata for Payment and expiration of the Wananty period ofthe Contrae# forConstntcdon. 3,4.15 Providing services of consuItants for other than a�clutectutal, civil, shuctural, mechanical and elechical en�neering portlons of tha Ptojecf pmvided as a pazt of Sasic Services. 3.4.16 Providing any other serviees not othecwise ineluded in this Agre�ment or not customarily fiunished in aceocdanca ��ith generally aceepted architectuial piacuce. 3.4.i7 Preparing a set oFreproducibla reeord drawinP� in additian Eo those requirzd hy Suhsection 2.6,19, showing si�nificant changes in the urock made during con struction based on meiked-up prinfs, drawin6s and other data fumished bythe Conhacior to tt�a DosignProfessionaL 3.4.18 Nohvithstandiag anything coniained 'ni the Agreemant, Ftoposal or these Gweral Conditions tn the conhary, a11 services descrihed in this Article 3 that are caused or necessitafed in�vtole or in part due cc tbenegligent act or omission oEtha Desi�Professional shall ba perfocm«1 bY the DzsignProfessional as a part ofthe Hasic Services under ihe Agreement with no addsdona[ compensation above and beyond the compensation dua the Design Professional for the Basic Services. The intervening orwncaurentnegligznce ofthe Owner shall not iimit the Dts'sgn Ptofessional's oblio tions undesthis Subseciion 3.4.I8, A�tTICL�� 01VHER'SRESPONSIBII.TT�S d.1 Tt�e Oamer shall consult with the Desiga Professional regaiding tequicements for the Projeci, including (1) the Owner's objectives, (2) achedule and design constraints and criteria, inclu8ing space requirements aad relationships, flextbility, expendab'slity, special equipment, systems and site requiremenl5, as trsore specE- fically descnbed in Sabsection 2.2.1. 4.2 The Owner shall esfablish and update an overall budget for the Projec� including the Conshuction Cost, the Ownets other cosis and rzason�ble contin�encies related Ea ali ofthese costs. 43 If reguested hy the Desi�Professional, the Otivner shall fiunish evidence that finazioial airangemenfs have been made to fulfil[ the O�me�s obligations unde[ this Ageement • Page 4 of 8 T3:1MisclBlank FormsIGINERAL CONAiTIONS-;4ItCEiTfEC7-�NGINEER Rzvised a52204.doc ' Revised 5-30•02 9.4 The Q�mer shall desi�pate a reQresentativt authorized to acf on the Qwne�s beE�alfwitrt rzspectto tha Ptojeci The Owner or such authocized representative shall render decisions in a fimely menner pc�iaining to dceumenis su6miited by the Design Professional in o�der io avoid wueasonable delay in the orderiy and sequenBal progress of the AesignProfessianal's services. 4,5 Where applicable, the O�vaershall Sumish surveys describing physical characferistics, legal Iimi�dons and utility locatiotu £orihe site ofthe Ptoject, and a wriHen lega! descripEiox of ihe siie. The sun'eys and Iegal information shall include, as appticable, grad� �d 1�c�o �eboun Idariespandmwntours of the�site;�p tio d structures; adjacent drainage; rights•o£-way, restric6ons, easetuents, enoroachmeafs, wning, dimensions and necessazy data perta'viin� to exist'v�g buiidsn�, other improvaments and hrxs; and inforrttation conceming avaiiable vtility setviccs and ]ines, both pub7ic and private, abova �nd below �ade, inchtding inverts and depths. All fhe info[maflon on the survey sha116e referenced to a projectbenchmark 4,6 Wheieapplicable,theOFVnershaElfiunishtheservice5ofgeotechnicaIengineerswhensuchservlcesaretequestedbythaAesignProfessi�nal. 5ucfiservicesmay inolude but ere not limited to test borings, testpits, determinatians of soil bearing values, percolationtes�s, evalnaHons o£hazanious materials, �ow�d corrosion and te- sistivity fests, including necessary operations for antieipating sub•soit condiHon9, with nports and approQriefe professional ruommendations. 4.6,1 The Owner sliall fumish the services of other cnnsultants tivGeo sueh services aze reasonably cequired by the scope of the Project end are requestedby thc Iksign Pro£essional and aze ttotretained 6y 1he Desi� 1'rofessional aspazt o€its Basic 3ervices or Additional Serviees. q,7 When not a part of the Additional Services, the Owner shall flimish structural, mechanical, cheraicaf, air an3 water pollution tests, tests of hazardous materials, a�td oEher3abo�atoryand envuonmentaltes#s, iespections and repocts ceq�irzd hy 1aw or the ConiraotDoeurnen�, 4.8 The O�mer shall ftunish alt legaf, accounting and insinance counseling services as may be necessary at any fime for the Project inaluding audiLing sarvices ihe dNner may reqvire to verify the Canhactot's Applicatians for Payment or to esceria'vi how or for what purpaaes the Coniractor l�as vsed the money paid by flr on behalfufthe Owner. � 9.9� T}ia services, information, surveys and reports tequired by O�mer uadei Sections d_S lhrough 4•8 shalf be fumished at the Owne�'s expense, and the besign Pmfessiona! shall baeniitled to relyupon the eccuracy and completaness thereof in the ahsence ofany negligence oa the part afthe Aesign Professionat. 4,10 The Owner shall giYe prompt wriltea nodce to the Design Professional if the Owner becomes a��'are a�anY faul� or defect in the Proje�f or nonconformance with the Conttact}7ocuments. d.11 Design Pto4ssional shall propose �anguaga for cerEificates ot ce�cations to 6e requested oftha Design Professional o[ Desi� ProfessionaYs consulfants and sbal[ subavf snch to the Owner forrevicN and appmval et least fou�teen (14) days prior to execution. 1he Owner agees not to reguest ce[tifications that �vouId requue &nowledge or services beyond thescope o�'theAgceernent ARTICLES CONSTkUCC10NCOST 5.1 COI�25T'xtiJGTION COSf AEFLYED 5.1.1 The CotutiucHon Cost sfiall be the tofal cost or esGmafed costto the 0wner of a]I elements ofthe Projeet designed or specified by the Destgn Professionai. 5.I.2 'ihe Construetion Cost shall inelude the cost atcuirent market rates of ]abor and materials fumished by the Owner aod equipment designed, speci6ed, selected ar specially provided for by the Design Professionei, plus a reasonab[e allowance fot the Contractor's averhead azid profit. Tn addiflon, a reasonable allo�vance foY' con- tingeocies shall be inel�dedformaiket condidons at thatimc of bidding and ior cbanges in thework during const�uction. , 5.1.3 Construction Cost does not iticlude tfie compensarion of the Desi� PCOf�ssional and Design PtofessianaPs consulfattts, the costs of the Sand, righfs-of-uaY, financing ar othercosts �vhich are the responsibility oFthe Ovmer as provided in Article 9. 5,2 ItESPO1�TSIBILTTY F()R CONSfRUCTION COST 5.2.1 Evaluations of the owne�s Project budget, preliminaty estimates of Conshuction Cost and detailed estimates of Conshuction Cost prepared by the Aesign Ptofessional represent the Destgn Professional's bestjudgrneat as a desipi professionai familiaz �vith the conskuction industry, it is recoavzed, ho�vever, that neither tha Destgn Professional not the �vner has contrul over the cost of lebo , maiedals or equipment, over the Conhactrn's methods of detemtinino bid pnces, ot over cumpetifive bidding ar mer[cet eandiNons. Accvrdingly, tha Des9gn Professional eannot end does not warrant or repmsent tltat bids or cost pmposals will not vary from the �vrte['s Project hudget or from any estimate ofConstruction Cost or evaluation prepazed ar agreed to by �e Desi� Profession�. 5.2.2 No fixed limit of Construction Cost shail be established as a wndition of the Agreema.�`- bY the fiunish3ng proposal or rstabllshme�rt of a Project hudget, unless sueh fixed limit has been agreed upon in writing snd sigied by 9he parties thereto. If such a fiYed lintit has been established, tha besign Professianal shal[ be gerrnitted to inciude contingencies for design, bidding ax�d price escalafion, to determine what materials, equipmen� component systems and types of co�uttucdon us to be included in the Conhaet Documents, to maka reasonab[e ad}ustmenfs in the �ope of the Project and to include in ihe Conhact �ocuments a(temafe bids to adjust the ConshuctiaU Cost to the iixed ltmit Fixed lirtrits, if any, sha31 be iucr2ased in the amount of an increase in the CunCaet Surn occwring after execution ofihe Conhact £or Canstruciioa 5.�.3 If the Procurement Phase has not cotnmenced wiihin 90 days aft�r the Dastgn Professional suhmits ihe Conshucfion Bacumenis to tha Owner, any Praject 6udget or fixed ]imit of ConstrucHon Cost shall ha edjusted to reflect ahanaes in the gener3l [evel of pdces in the constxuction industry batwaen the date of submissian ofthe ConstructionDocuments to the Ovmar and the date vn tivhich propoSaLa aze sov�t ARTICf�� 6 OVYNERSH�P AI`ID USE OF DOCUiYIENT3 6.1 Tha Drawings, Spxifications and other documents prepared by the Design Professional for this ProjecE ara instr�ents of the Design Professional's service end sh�lf become the property of the Qwner upon teanination or completion of tha Ag�eemen� The Design Ptofessianal is entitled to iehain copies of all such documents. Such doctunents are intended only 6e applip6fe 10 this Project and Owner s use of such documenis in othe[ projects shali be at Owner's sole risk and exptnse- In ue event the Qwner uses @ay of the informafion or materials developed pursuant tn tIie A�eement in enother project orfor other pwposes tkian are speeified in the Agraemenk the Dssign Professional is released from eny and aU lia6ilityretatingtotheiruse in thatpraject Page S of 8 Ii1lvlisclBlank FormslQ&NERAL CONDIITONS-AF.tCHITECT ENGINEER Reviscd 052209.dac Revised 5-30-02 6.2 5ubmissionordish�butionofdacumentstomeeto�cial regulatoryrequirementsorforsimilarpurposesincormectionwithiheProjectjsnottobeconshvedaspublfcation in derogation of the Desi;n Professional's reserved rig}tts. ARTTCLE'7 TERl�t(NATION, SUSPENSTON OR ABAPID ONMENT 7.1 'Iha Desie�►Professional may tertninate the AgreemenE upan not less thari thirty days written notice should the Owner fail subslantially fo per�'oon in accotdance with the terms of the Agreement tluouoh no faulf of the Desi� Professional. Ovmer may terminate t�e A�ment ar any phase thereofwith or withoirt cause upon thirry (30) days prior �vritten noEice to the Design Professional. All vwrk and lebor being performed under ihe Agreement shall crase immediately upon Desi� Prafessional's recwpt of such notice. Hefore the end of tfie diiriy (30) day period, Design Professional shali invoice the Ovmer for all work if sadsfictority gcrfocmed prior to the rzcaipt of such notiCe. No' amount shall 6e dna for lost ur antioipated profits. All plans, Eefd surveys, and other data related to the Roject shall become praperly of the Owner upon krminadon of the Agreement and shallba promptly deGvered to the ovmerin a zeasonably organized fomt ShouldOwner substquently eontractwith �newDesignProfessional for continuation oPse[vices on thePc+oject, Design Professional shall cooperate in providinginformation. 7.2 Tfthe Yroject is suspwded by the Oemet for more than 3D consecutive days, the Desigt �rofessionat shall be compensated for seCVices saEisfactorily per#'omted prior to notice of suchsuspension. Whenffia Project is res�aned, theTJesi� Professional's odmpensation shall be equitably adjusted to provide for expenses incuired in 1he inferruption and resumption ofthaJ7esigiProfesslonaPs services. 7.3 Tha Agreetnent may be terminated by the Owner upon not ]ess then seven days �vritten notice fo the Des'sgn Professionel in the event that the Project is permenently ahar,donect Ifthe Praject is abandoned by the Owner for more than 9a consecufive days, ihe AesignPro£essional oi the Ownet may terminate tha Ageementby giving written nod�c. . 7,A Fai[wa o£the Owner fa make payments io the Desi�Professionel forvrork satisfictoriiy comp[ated in accordance with the Agreement shall 6e considered substaptial norr perForrpance and cause for terminatiDn. , _ • 7.� if the O�vner fails to make paymeni to Desi� Prafessiona3 tvithin th'uty (34) days ofreceipt of a statement for services properly and saNsfactorily parformed, the Design Professional may, upon seven days writtexi no6ce io tfie Ownu, siLSpend petfiomience of services underthe AgeemenL 7,b 7n the event aftermination noi the fault ofthe Design Professional, tha Aesign Profession�t shatl be compensaied for services properly and setisfacfority performed pdor to terminatiaa ' ARTiCI�E 8 PAYh�NTSTO THE DESIG�+IPitOBESSIONAI. 8,1 DII2ECT PERSONNEi, EXPIIVSE . 8.1.1 Auect Pz�sonnel Expense is defined as the direct salaries of the Design PcofessionaPs personnel engaged on the Ptoject and tha portion of the cost of their rnandatory end cvstomary cor�trtbutions and bene6ts [eleled thereto, such 65 employment taxes and other stahrtory empIoyee benafits, insur�ce, sick ]eave, bo3idays, vacacions, pensions and sb�ular contnbutions and benefifs $.2 REIl4IDURSAEL�FXPENSE5 8.2,1 Heimburable Expenses are in addition to compensation foC Basic end Additional Services and inciuda expenses incuaed by the besign Ptofass{onal and pesignpcofessionaPs employees and consulia�ts in t1�e interesE ofthe Project, as identified in the following Clauses. 8.2.1,1 F.�cpense of trattsportafion in conneetion tvifhthe Projec� expenses in connechonwith aut�orized out of-towntravef; iong-distance communications; and feespaid forsecuring approval ofauthodties having jurisdietion overtha Project 8.2,x,2 Expense of reprafucdons (except #he reproduction o£the sets of documents referenced in Subsecdon 2.6.19), postage' and h�ndGng of T7rawings, Specifccations and otheC documents. , 8.2.1.3 If autborized in advencs by the Owner, expense ofoveatime �rorkreqairinghigherihancegulaz �ates. 8.21.4 Facpense ofrenderin�, models and mock-ups requestedby the Otimer. 8,2,x,5 Expenseofcomputer-aideddesignmiddtaftingequipmenttimawi�enusedi�connecflonwiththeP�oject 8.2.1.6 OtherexpensesihatereapprovedinadvanceinwritingbytheOwner. 8.3 PAY,i�NTS ON ACCOITNT OF BASIC S�RVICE5 8.3.1 Payrnenis for Basic SeNices shall be aiade monthly and, �vhere applicable, shell be in proportion to sarvices performed withirt eaclt pE�ase of service, on tha basis set fodh in Sxtion2 of tha Agreement and theschedu[e ofwork 8.3.2 If and to tha extentiBai the tima initially establishecl in flie A�eemenf is exceeded or extended tf�roughno fault of the Design Profess'sonal, compensaHon for any services rendeted dudng the additional period of time shall be compuied in the manner set forlh in Section 2 of the Ageement 8.3.3 S�VEten compensaiion is based on a petcentage of Construckion Cost and any portions o£the Ycoject are deleted ar othenvise noE constructed, eampetuation for those portions of the Project shall be payable to the extent services are perfonned on those portioas, in sccoidance witi� tha schedula set foith in Section Z af ihe A�eemen4 based on (i) the lo�i�st 6ona fide 6id or (2) if no such bid or proposal is receiYed, the most recent prelimmazy esdmate of Construetlon Cast or detailed estimaie of Conshucdon Cost foe such portions ofthe �ojec� 8.d PAl'MEN'J,'S qN ACCOUNT OF ADAITIOYAL SERY.[CES Page 6 of $ FI:IMisalBlaak FarmsIGENERAI, CONDIT'fONS-ARCiiPfECT ENQINEER Rayised 652209.doo � Revised 5-30-02 S,d.l PaymenLs on accoimt of the Atsigt Fcofession2Ps Addidona[ Services and €or �eimhiusable &xpenses shall be made monthly withiu 30 days after the presentationtotheOwuer oftheDesignProfessionaYsstatetnentofservicesrenderedorexpensesu�curred. 8.5 PAXh�ENTS �'ITAHELA No deducdons shall be made from the DesignProfessionaPs compensadon on accountoFpenalry, liquidaied damaoes orofher sums withheld fram payraeqts to contracta[s, or on account af the cost o£chenges in the xviic otherti�an tliose for which the Design P[ofessional is responsible, ARTiCLE 9 INUEMNITX 9.1 The Design Professional shall indemnify and save and hold harmless tl�e Qwner and its offlcers, agenis, and ernployer.s fram and against any and all liability, clairns, demands, dama;es, losses, and e�cpenses, including, but not Limited to court costs and teasonable attorney fees utourred by the Ov+aer, and incIvding, without liraitation, damages for bodily and personal injury, death and ptoperly darnage, resulting from ttte riegligent acts or omisslons of the ]:lesign Professional or its officers, shazeholders, agents, or employees in the perforcnance ofil�e Agreement. 9,2 2lothing hereitt shal[ 6e cansfrued ta create a liability to any petson tivha is not a pa�ty to the A�umenE attd nothing herein shall tvaivc any afthe parties' defenses, both at la�v or equity, to any claim, cause of action, or ]itigation filed by anyone not a patty to tha Agteement, including tha defense of govemmentai immunity, which defenses are hereby expressly reseived. ATtTICx,E 7.0 T�iISURANICE During the per£ormence of the Secvices under the Agreement, Aesign Professional shall malntain the fa3lowing insurartca with an insurance company licensed or authorized fo do business in the Sfzte of Texas by the State Insutance Commission or �ny succrssor ageacy that has a rating with Hest i2ateCarriersofatieastanA orabova: � I0,1 Comprehensive Genera! I.iability 7nsurance �vith bodily injuty ]irnits of not less than � 1,000,0�0 far each occiurence and not lbss tBan $2,000,000 in the ag�egate, and with property damage limits of not less than $100,000 for each occunence and not less then $250,OOD in the aggregate, 1D�2 Automobite LiaUility k3sutx�tce �vith bodily injnry limits of not less than $540,006 for eaah persan and not less than $500,000 for each aecident, snd trith propetty damage lirafts ofnot less ihan $100,000 for each accident . 10.3 �Vorker's Campensatlon Insurance i� accordance �vith statutory requirements, and Employers' Lie6i[ity Tnsurance with lonits of not ]ess than $100,000 for each accidentincluding oecupario�aldisease. 10.9 Professional Liability lnsurance with ]imits ofnot fess than $1,OOO,fl00 annual aggregate. 10�5 The Design Professiouai shall furnish Insurance certifieates or insutanca policies to ttie Owner evidencing insurance in complianee with tiiis Artiole 10 at the time of tha exenution of the Agreemenk The aenere[ T,iability and Automobile Liability insurance policies shall name the Owner as an additianal insurcd, the Workers' Compensation policy shall wniain a waiver of subragation in favor of the Owner, and each polioy shal! cantaIn aprovision that such �nsurance shal[ not be canceled ot modified without thirty (30) days' prior written nofice to Otvner end Tfesi� Professional. In such event, the Design Professionel shal(, prtor to the efFeative date of tha changa or cancellafion, fit[nish Owner tvith substitute cedificates of insurdnce meeting the requirements ofthis Article I0. .1�RTICLE Il MISCELLAI�TEOU$PROVISTONS , I1.i The Ageement sball be govemed by the laws of the Siate af Texas• Venue of 6ny suit or cause of action under #he Agreement shall lie exclusively in Denton County, Texas. XZ.2 Tlte Owner and D�sigaProfessional, nspectively, bind themseives, iheirparhiers, successors, assigns and legal represeniatives to the otherparty to ffiss A�eement and to the pazfners, successors, aseigns end Iegal representadves af such other pady with respect ta ail covenants of t[us A�eemeni Thc Design ProfesSionel shall not assign its interesks inthe Agrebmentwithoutiha wiitfen coasent ofttte Owner, 11:3 The term Agreement as used heroin ineludes tha exeeufed Agceemon5 the Propaal, these Genera! Conditioos mid other aitachments rcferenced in 8ection 3 of ihe Agreement which together represent the enlira and inte�ated agreement beEween the Ovmer and besign ProfessionaI end supersedos ell pdor negotiaiions, representations or agreement� aiiher written or ata1. The Agceement may 6e amended only by written insi�rnent stgned by Ewth Owner and Desigu Professiana[. ZVhea interpYefing tha A�eement the executed Agreement, Praposei, diese General Conditions and the other ettachmenis referen�ed in Secfion 3 of the Agreement shall tn tha extent tf�at is rtasonsbly possibla �e nad so as to harmonize the provisions. HoweYer, should tho provisions aithese documents be in conflict so that they can not he reasonably harmonized, such document� shall be given priority in tha following order. 1. The executed Ageement 2. Attachments referenced in Section 3 ofthe Agreement other than tha Proposal 3. TtieseGeneralPtavisions 4. ThePropasal 11.4 Notlilng contained in We Ageement shell ceeata a contractual relationship �vith oC a cause of acflon ui favor of a#hird paarly against eiiher tha O�vneC or Design Professionei, 11.5 Upon receipt ofprior tvritten approval of Qwner, the Design Professional shall have tha right to ittclude representations of the design of the Project� including photographs of the exterior and interio , 81i1DIlp the 13esian Frofusional's promo6onal and professional matcrials. 'I3ie Desi� Professional's materials shall not includa the Chvne�s confidential or propriebvj+ infomiation if the Owner has previovsly advise� the Design Prufessional in writing of the speci5c information considered �y the Owner to be confi- dentialorproprietary, ThepvmershallpraYideprofessionalcreditfortheDesigiPtofessionalontYiecattsGUcNonsigtandinthepromoHonalmeteria]sforthcFraject 11.6 Approvai by iha Owner shallnot ca[LSBtute, nor be deemed a Telease of the responsibility and ]iabiliEyofthe Design Professianat, its employees, associaies, agents, subcontractors, and subconsuItants for the accuracy and competency of their designs or othar v,rork; aor shall such approvat be deemed to be an assumption o€such responsibility by the Owner for any defect in the design or other work prepazed by the Design Professional, its ernp[oyees, subconhactors, agents, end oonsultants. Page 7 of 8 �i;lMisclBlank FormsIGBNERAL CONDIIIONS-AiZCFiFl�CT-ETIGINEER ltevised 052209.doc • Revised 5-30•02 11,7 All notices, communications, end reports required or germitted under the Agreemant shall 6e personally delivered or ma[]ed ta the respectivo patties by depositing same in the United States tnail to the addrass sho4vn helow signature block on tha Agteement, certified mail, ratum'receipt requested, uriless otGen+rise specified herein All notiees shali be deemed effective uQon ieceipt by the party to `vhom such natice is given, or within thTee (3) days a$er mailing. 11.8 If any provision afthe Agreement is found or deemed by a eourt of competent jurisdiction to be inValid or tmenfocceable, it sh811 be oonsidered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenfareeable, In such event, the parties shali refo:ra the Ageement to Yeplace such stdcken provision with a vatid and en£arceable provision v�hich comes as close as possible to expressing the intenfion ofthe shicken provision. 11,9 The pesign Professional shall eomply with ai1 federal, state, and local laws, rules, regulations, and ordinances applicable to the wo�',c covered hereunder as they may now read or hereinafter be aznended during the term afUtis Agreement. 11.IU ?et performing tha SCrvices required hcCevader, the Design YroFessional shal[ not discriminate against mty pe�saa on.the basis of race, cnlo , religion, se�e, national origin or ancestry, age, or physical hendicap. il.11 The oaptions of ihe Agreement aze for informational ptuposes orily, and shall not in any way a$'eotthe substantive terms or conditions of the Agceement Page S of8 H;1Misc�Bl�nlcEormsIGENBRAL C�NDfZTONS-ARC2iiTECT ENGINEERRevised 052209,doc Revised 5•30-02 Graham Associates, Inc. CONSULTING ENGINEERS & PIJ�NNERS Exliibit 2 The Design Professional's Proposal Apri13, 2012 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 the Sanitary Trunk Line on Bonnie Brae frorn I.H. 35 to just south of KCS Railroad then southwest across private properties to the Hickory Creek Tn�nk Sewer Dear Mr. Payne: Graham Associates is pleased to present this proposal to provide professional services for the survey, right-of-way acquisition, design, and construction administration. Our staff and sub- consultants proposed for the project are shown in the attached organizational chart (Attachment C). The sum�.nary of fees is shown in Attachment A, which includes both basic and additional services. The estimate of construction costs for Vintage Blvd. is shown in Attachment D. The proposed scope of services and deliverables are shown in Attachment E. Proposed schedules are shown atfached as E�iibit 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 Architeetural or Engineering Services". Our firm sha11 also meet or exceed the insuran.ce requirements of Denton including a$3 million professional liability insurance policy. Payment for Basic Services listed in E�ibit 3 services performed within each phase of v reirnbursable expenses listed in Attachment A services rendered or expenses incurred. shall be made monthly based on proportion of ork. Payment for Additional Services and shall be made monthly based on statement of Please contact me if you need further information. Respectfully Submitted, , �� M. Wagnon, P.E. CEO � Graharn Associates, Inc. Summit Office Park 1300 Summit Ave„ Sulte 419 Ft, Worth, Texas 76102-4418 (817)332-5756 Fax (817) 336-6909 TBPE Firm #F-1191 Centerpolnt Three 600 Six Flags Drive, Suite 500 Arlington, Texas 76011-6356 (817) 649-1914 • Metro (817) 640-8535 FAX (817) 633-5240 Chase Bank 3200 Broadway Blvd. Suite 268 Garland, Texas 75043-1571 (972)840-6671 FAX (972)-840-6671 Basic Services 1) Constiuction Plans Summary of Engineering Fees Sanitary Sewer Bonnie Brae Exhibit 2, Attachment A September 2011 __ _ _ _ _ _ _ Phase I FEE Hickory Creek to Bonnie Brae $43,500 Phase II Jones Property to KCS Railroad $6,090 Phase III KCS Railroad to IH 35E $28,515 FEE TOTAL $�s,ios 2) KCS Railroad - Crossing $0 $6,000 $0 $6,000 .T, _ _� _,... , � ..�- _ .-..., � �., ,_ .. -- � , ,; � � . ;,_ �.. )�� �(� 1 �.�1. 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J d 3) Utility Coordi.nation $2,250 $0 $0 $z,z5o 4) Control $1,000 $500 $0 $i,5oo 5) Biddi.ng/Consuucrion Admi.nis�adon $9,170 $1,830 $0 $ss,000 � ��;� �� _. ,� , , _, , . �_ , - ,� ��� � , - - ���� ,. . _ _ � � , �a � , r������ � � ���•� � ,;a� � i, � �- «� � ,., � , . �.J..�:, ..,e�f�;•t.. .i. S r � e.. �.r P .,..�w �`,.. � .'�. a.,,,�.�,:.. a� .. ,,. w. ,y..`t. a��s ��.�, +��#'��, , ..,�_ � m'.;t. r:�. �� �a. �o�� + .ti.� ,..rs?r ..0 �M1. a 3�.�,v. r. ri .�,. ix w�'�' . ,a.:� � t .r�� .. � � .W "� �u,.sa ,,.�,� . . s ��,r :!F� ��is... K�, ,., .. ,.,,, �, �,- .: �'. ..,a rrr..a \,:. 7 . �.n, " . . . ��.#:�. 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M- .. . ;�.yo , �. , �� { . xl .,.a� . k. � . , . . . �! i'�✓P`fa'� - . i a ..' � h'aui r ..,. , . ., .,a..,, ,M � ..,., ...... . .. t .u: .2 „ ._. �.;. ,..�..+,°! , .-�H a., . r,. i`F53. � , . � ..t� �� �ie. ., 4t�k�i��,. ,. !� . . „ . n.,L',�X''� � . c 1 �'�rd� r�, '�y�x � .r�{., F�. i....:��" � � �'�,� ,.� � ��i.., ��,_..,,.�lw,�?��..s_��A...,€L�W1�:,..�e.},-.``.tk� � ,:�1� �cL,n'�b:-.�.�t�,?..-�.,tii.t;a�.eu.�m�+rr.x„�� ..�...:..,,,; � ��,d,�'�.. ,�n ����.5 ..��'i ..� 1 . kb��.�..`�iuS%��...a'�L3�k^•t.�.�..�.��r,�ar.«„__'.��-'�v,,'u��::i���� ,�..'.fi ��-."�� ��..�.._4 i :�� * USACE - United States Army Corps of Engineers TOTAL ADDTIIONAL SERVICES TOTAL BASIC SERVICES REIMBURSABLE EXPENSES TOTAL FEES $ 85,060 $ 5 5,920 $140,980 $6,260 $14,420 $20,680 $20,350 $28, 515 $48,865 $111,670 $98,855 S so,000 $220,525 Page 2 of 2 Construction Plans Phase I Phase II Phase III Basic Services Bonnie Brae Sanitary Sewer Senior Engineer Registered Engineer Gradua.te Engineer Tech IV Tech III Tech II Clerical Senior Engineer Registered Engineer Graduate Engineer Tech IV Tech II Clerical CADD Senior Engineer Registered Engineer Graduate Engineer Tech N Tech III Tech II Clerical CADD 60 x 80 x 50 x 120 x 100 x 90 x 30 x 125 100 90 90 75 60 35 7,500 8,000 4,500 10,800 7,500 5,400 1,050 Subtotal $43,500 4 x 10 x H X 24 x 25 x 6 x 30 x 125 100 90 90 60 35 25 Subtotal 30 x 45 x 46 x 60 x 75 x 45 x 15 x 75 x 125 100 90 90 75 60 35 25 Subtotal 500 1,000 720 2,160 1,500 210 750 $ 6, 090 3,750 4,500 4,140 5,400 5,625 2,700 525 1875 $28,515 TOTAL $78,105 Basic Services Bonnie Brae Sanitary Sewer KCS Railroad Crossing Phase II Seniar Engineer Registered Engineer Tech III Clerical Utilitv Coordination Phase I Senior Engineer Registered Engineer Phase II Phase III Oualitv Assurance/Quality Control Phase I Senior Engineer 20 x 125 2,500 10 x 100 1,000 24 x 75 1,800 20 x 35 700 Total $ 6, 000 10 x 125 1,250 10 x 100 1,000 Subtotal Subtotal Subtotal TOTAL 8 x 125 Subtotal $ 2,250 $ 0 $ 0 $ 2,250 1,000 $1, 000 Phase II Senior Engineer 4 x 125 500 Subtotal $ S00 TOTAL �r,soo Basic Services Bonnie Brae Sanitary Sewer Bidding and Contract Administration Phase I Phase II Senior Engineer Registered Engineer Graduate Engineer Tech �III CADD Clerical Senior Engineer Registered Engineer Graduate Engineer Tech III CADD Clerical 8 x 28 x 8 x 40 x 24 x 30 x 2 2 2 10 10 8 125 100 90 75 25 35 1,000 2,800 720 3,000 600 1,050 Subtotal $ 9,170 x x X X x x 125 100 90 75 25 35 Subtotal TOTAL 250 200 180 750 250 200 $1,830 $11, 000 Additional Services Bonnie Brae Sanitary Trunk Line Design Surveyin� Phase I Three Man Crew Tech III Phase II Phase III 170 x 145 68 x •75 Subtotal Subtotal Subtotal TOTAL 24,650 5,100 ,$ 29, 750 $ 0 $ 0 $ 29, 750 R/W Boundary Survevs Phase I- Boundary Surveys — Boundary Determinations Three Man Crew 110 x 145 15,950 Tech IV 64 x 90 5,760 Tech III 12 x 75 900 Subtotal $ 22,610 Phase I— Prepare R/W Documents for up to 8 parcels — Parcel Map and descriptions Three Man Crew 20 x 145 2,900 Tech IV 37 x 90 3,300 Tech III 32 x 75 2,400 Reg Surveyor 8 x 125 1,000 Subtotal $ 9,630 TOTAL R/W Preparation $32, 240 USACE 404 Permittin� Phase I Biologist Senior Engineer Tech III Phase II Phase III Additional Services 81 x 125 25 x 125 40 x 75 Subtotal Subtotal Subtotal TOTAL Additional Service Construction Administration Phase I Phase II Senior Engineer Tech IV 2 x 125 24 x 90 Subtotal 10,125 3,125 3,000 $16,250 $ 0 $ 0 $16,250 By City of Denton 250 2,160 $ 2,41 D TOTAL $2, 410 Construction Materials Testing Cost Estimate Bonnie Brae Sanitary Sewer - 700 LF, Jones Property to RR Track., Denton, Texas IANDTEC ENGINEERS 318o Bonnie Brae SS -Jones to RR- CMT May2012 A-1 5/9/2012 Construction Materials Testing Cost Estimate Bonnie Brae Sanitary Sewer - 5000 LF, RR Track narth ta I-35E, Denton, Texas LANDTEC ENGINEERS 3160 Bonnie Brae SS-RR to 135E CMT May2012 A-1 5/9/2012 Attachment B ESTIMATED SHEET TOTALS Sheet Description Cover Sheet Sewer Index Map Control Maps General Notes Sanitary Sewer PIan/Profiles Details Total Number of Sheets = Sheet Description Cover Sheet Parcel Summary Right-Of-Way Map Sheets Total Number of Sheets = Parcel Exhibits & Descriptions Phase I- Hickory Creek Phase II - End Phase I to Phase III - North of RR to Bonnie Brae Street North of RR to IH 35E Number of Sheets Number of Sheets Number of Sheets 1 - - 1 1 - 2 - - 1 1 - 9 2 - 6 3 16 20 Attachment B 7 Right-Of-Way Strip Maps Number of Sheets 1 1 4 6 0 16 ATTACHMENT D SEWER BONNIE BRAE STREET HICKORY CREEK TO BONNIE BRAE STREET JULY 27, 2011 Phase I TOTAL $ 907,050.00 Assume a depth of 12-15 ft. and no rock excavation. 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 �s a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. ATTACHMENT D SEWER BONNIE BRAE STREET JONES PROPERTY TO KCS RAILROAD J U LY 27, 2011 Phase II TOTAL $ 260,438.75 Assume a depth of 12-15 ft. and no rock excavation. Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. ATTACHMENT D SEWER BONNIE BRAE STREET KCS RAILROAD TO IH-35E SBFR J U LY 27, 2011 Phase III item " - ' � Description - _ Quantity ;; Unit <Unit P�ice. -' Item _Cost ='' 1 8" PVC Sewer Pipe 829 L.F. $ 45.00 $ 37,305.00 2 10" PVC Sewer Pipe 15 L.F. $ 55.00 $ 825.00 3 12" PVC Sewer Pipe 64 L.F. $ 60.00 $ 3,840.00 4 24" PVC Sewer Pipe 4825 L.F. $ 90.00 $ 434,250.00 5 12" PVC Sewer Pi e W/Steel Casing Pipe 20 L.F. $ 150.00 $ 3,000.00 6 24" PVC Sewer Pipe W/Steel Casing Pipe 50 L.F. $ 450.00 $ 22,500.00 7 4' Dia. Std. Manhole 1 EA. $ 2,800.00 $ 2,800.00 8 5' Dia. Std. Manhole 15 EA. $ 3,500.00 $ 52,500.00 9 Extra De th Manhole 67 V.F. $ 225.00 $ 15,075.00 10 Trench Safety 5803 L.F. $ 1.25 $ 7,253.75 11 Tempora Pavement Repair 852 L.F. $ 65.00 $ 55,380.00 12 Concrete Encasement 150 L.F. $ 85.00 $ 12,750.00 13 Remove Exist. Manhole 14 EA. $ 2,500.00 $ 35,000.00 14 Tie to Exist S.S. 4 EA. $ 8,000.00 $ 32,000.00 15 Rock Cushion 100 C.Y. $ 33.00 $ 3,300.00 16 Sodding 360 L.F. $ 9.00 $ 3,240.00 TOTAL $ 721,018.75 Assume a depth of 12-15 ft. and no rock. Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. ATTACHMENT E SCOPE OF SERVICES, DELIVERABLES AND RESPONSIBILITIES OF OWNER SANITARY SEWER FROM HICKORY CREEK TO IH 35E ALONG BONNIE BRAE FOR THE CITY OF DENTON GENERAL: The City of Denton Bonnie Brae Sanitary Sewer 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 developrnent of the Project: A. Conceptual Design Attend a kick-off ineeting 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 provider,s, and the Texas Department of Transportation (T�OT) all available record drawings, planning reports, traffic counts, zoning ordinances, and other data that may be pertinent in considering the development of the preliminary alignrnents and the final design of the proposed improvements. Determine from a field reconriaissance 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. Submit four (4) copies of the schematic l�ayout to the Owner for review. 5. Prepare preliminary layouts for each of the creek crossings. 6. Attend meeting with Ovcmer to discuss potential utility conflicts and the proposed relocation plan. GAI will meet with the Owner's Project Manager and Engineering staff first and utility staff later if necessary. Attend a meeting with the Owner to discuss the alignrnent alternatives and recommendations. 8. Upon Owner approval of aligl]1Tlent and the schematic design GAI will develop a 30% construction plan set with plan/profile sheets, and right-of-way sheets B. Preliminary Design (60%) - Upon review of the 30% plans by the Owner, GAI will prepare preliminary construction plans as follows: 1. Prepare preliminary plan and profile sheets showing curb lines, driveways, and other pertinent topography. 2. Initiate coordination of utility relocations with utility owners, and prepare preliminary design of relocations of affected City water and sewer lines. GAI shall provide the design for the relocation of conflicting water and wastewater utilities. 3. Prepare plan/profile and construction details for sanitary sewer. 4. Prepare Construction Phasing Plan. 5. Prepare traffic control plans based on the construction phasing in accordance with AASHTO and the City of Denton. 6. Prepare a preliminary estimate of probable construction cost and submit with four (4) sets of plans for review. 7. Meet with the Owner to discuss the preliminary design. GAI assumes that we will meet with the Owner three (3) times during the preliminary design phase. 8. Submit preliminary plans to utility companies for review and comment. Attend a preliminary coordination meeting with the franchise utility companies. 9. Prepare plans for a railroad crossing for the following railroad crossings; Kansas City Southern Railroad. The plans shall be in accordance with the City's and the Railroad's standards and requirements. Submit and coordinate during the review process. C. Final Design - Following Owner approval of preliminary plans, GAI shall prepare final plans with the following additional tasks: 1. Prepare final construction drawings for sanitary sewer along with railroad crossings. 2. Preparation of plans, specifications, and estimates. a) Final Design Submittal (i) Provide final plan and profiles to reflect 90% design. (ii) Update the following sheets as necessary for 90% submittal: (1) Detail Sheets (special and standard details) (2) Notes (3) Finallayouts (4) Quantities for bid proposal �� Prepare.fmal technical specifications and bid documents for the project, including bid proposal forms (project quantities) of the improvements to be constructed. This Scope of Services assumes that the project will be prepared using sfa.ndard bid documents provided by GAI. . 4. Provide quality control by independent review of plans and specifications by. Senior Engineer, not on the design team. 5. Prepare a final opinion of probable construction cost based on recent project unit bid prices. 6. Furnish four (4) sets of drawings for review by the Owner at the 60% and 90% design stages, and meet with the Owner to review and discuss the plans. The review meetings will be conducted to address review comments and to take action on items to produce the final construction docuxnents. GAI assumes that we will meet with the Owner three (3) times during each part of the final design phase (6Q% and 90%). D. Bidding and Construction Administration Phase — Assist Owner in securing bids. Issue a Notice to Bidders to prospective contractors in GAI's database of prospective bidders, and to selected plan rooms. Provide a copy of the Notice to Bidders for Owner to use in �otifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Owner. GAI will prepare two (2) separate bid packages for the project, with the following to be provided for each bid package. Print tlurty (30) sets of 11" x 17" Plans and Bid Documents and distribute to selected plan roorns, and to prospective bidders that respond to the Notice to Bidders. 2. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. Attend one pre-bid meeting to answer questions related to the bid documents. 4. Assist Owner in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder. Recomtnend award of contract or other actions as appropriate to be taken by the Owner. Assist Owner in the preparation of Construction Contract Documents. Provide ten (10) sets of Construction Contract Documents which include information from the appaxent low bidder's bid documents, legal ciocuments, and addenda bound in the documents for execution by the Owner and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Owner with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. 6. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 7. Attend one (1) pre-construction meeting per bid project to discuss the project schedule for construction. 8. GAI design team staff will make (12) visits to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the construction contract docurnents. In this effort GAI will endeavor to protect the Owner against defects and deficiencies in the work of Contractor and will report any observed deficiencies to the Owner. 9. Review Contractor shop drawings and other project related submittals. Notify the Contractor of non-conforming work observed during site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. 10. Interpret the drawings and specifications for the Owner and Contractor. Investigations, analyses, and studies requested by the Contractar and approved by the Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications are an additional service. 11. Prepare documentation for contract modifications required to irnplement rnodifications in the design of the project. Receive and evaluate notices of Contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the Contractor or available in project documentation. 12. Revise the construction drawings in accordance with the information furnished by Contractor reflecting changes in the project made during construction. One (1) set of mylar reproducible. prints of "Record Drawings" and electronic files shall be provided by GAI to the Owner for each set of construction drawings. ARTICLE II ADDITIONAL SERVICES (DESIGN PHASE): A. Design Surveying 1. Establ'ish horizontal and vertical control for the project from existing T�OT 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 sanitary sewer aligilment from Hickory Creek to Bonnie Brae Street. The survey corridor sha11 be 60' wide, extending 30' on each side of the � proposed sewer centerline. 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 five creek crossings. The limits of the survey will extend 100' upstream and downstream from the existing crossings. Trees will not� be surveyed in these areas. B. USACE 404 Permitting 1. Perform Section 404 Jurisdictional Deternunation based on USACE guidelines. 2. Work with USACE to resolve impacts and potential mitigation. 3. Prepare 404 Permit Application and submit to USACE. 4. Coordinate with USACE through the permit process. C. Geotechnical Engineering 1. Utilitv Borings: Drill borings to depths of 20 feet. (Estimate 1001inear feet of drilling). '" 2. Observe for groundwater seepage during drilling and record level. 3. Backfill boreholes with cuttings upon completion (not grouted). 4. Coordinate the clearance of underground utility locations in accordance with the Texas 811 One Call requirement and as-built information obtained by prime as part of the proj ect at a minimum. 5. Coordinate with the local municipality while drilling on or adjacent to public roads, including traffic control and barricades as necessary. 6. Selected laboratory testing will be conducted on samples that are considered to be reasonably representative of the materials obtained from the field exploration. The tests wi11 evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. The tests include a) Soil classification tests including Atterberg limits (liquid and plastic limits) and Sieve Analysis tests 5 b) Unit dry weight and moisture content tests c) Unconfined Cornpressive Strength tests on soil and rock d) Unconsolidated Undrained (LTCT) Triaxial strength tests e) Direct Shear andlor Consolidated Undrained Strength tests fl Consolidation tests g) Optimum Moisiure-Density Curves (Standard and/or Modified Proctors) h) Swell tests 7. An engineering analysis and evaluation of the field and laboratory data wi11 be performed for the project, based on available project concepts. Information to be provided is as follows: a) Plan of borings illustrating the approximate location of each boring and scale to which the drawing is made b) A log of each boring indicating the boring number, location (northing, easting and elevation as provided by Graham Associates, Inc.), depth of strata, soil description, field penetration tests including Standard Penetration tests (SPT's) and/or Texas Cone Penetrometer (TCP) ; laboratory tests, and groundwater information c) Description of the field exploration and laboratory testing program d) Laboratory test results and analysis of results e) Discussion of subsurface soil and groundwater conditions � Recommendations for removal and/or improvement of soft soils (if encountered) within the floodway where embankments will be constructed � g) Ten (10) copies of the geotechnical engineering report will be provided to the design team along with PDF and CD versions. 0 D. Additional Service Construction Administration (for Phases II & III) The Scope of Services for Full Time Resident Representation services includes (1) one fixll time representative (based on 270 hours for the project) for construction duration up to 12 months to be completed in conjunction with Bonnie Brae paving project. A. GAI sha11 have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is GAI's agent at the site, will act as directed by and under the supervision of GAI, and will confer with GAI regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be with GAI and contractor, keeping Owner advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with full knowledge and approval of contractor. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of GAI. B. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule, schedule of shop drawing submittals and schedules of values prepared by contractor and consult with GAI concerning acceptability. 2. Conferences and Meetings: Attend meetings with contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare. and circulate copies of minutes thereof. 3. Liaison: a. Serve as GAI's . liaison with contractor, working principally through contractor's superintendent and assist iri understanding the intent of Contract Docurnents; and assist GAI in serving as Owner's liaison with contractor when contractor's operations affect Owner's on-site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of shop drawings and samples. 7 b. Receive samples which are furnished at the site by contractor, and notify GAI of availability of samples for examination. c. Advise GAI and contractor of the cornrnencernent of any Work requiring a shop drawing or sample if the submittal has not been approved by GAI. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to GAI whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the eompleted Project as a fiinctiorv.ng whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise GAI of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to GAI. 6. Interpretation of Contract Documents: Report to GAI when clarifications and interpretations of the Contract Documents are needed and transmit to contractor clarifications and interpretations as.issued by GAI. 7. Request for Revisions: Consider and evaluate contractor's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to GAI. Transmit to contractor in writing decisions as issued by GAI. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including a11 Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, GAI's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to contractor and other Project related documents. 8 9. Reports: a. Furnish to GAI periodic reports as required of progress of the work and of contractor's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with GAI in advance of scheduled maj or tests, inspections or start of important phases of the Work. c. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup rnaterial from contractor and recommend to GAI Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to GAI and Owner the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with contractor for cornpliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to GAI for review and forwarding to Owner prior to final payment for the Work. 12. Completion: a. Before GAI issues a Certificate of Substantial Completion, submit to contractor a list of observed items requiring completion or. correction. b. Observe whether �ontractor has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. Conduct a final inspection in the company of GAI, Owner and contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on finallist have been cornpleted or corrected and make recommendations to GAI concerning acceptance. 0 13. Lirnitations of Authority of Resident Project Representative: a. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by GAI. b. Shall not exceed limitations of GAI's authority as set forth in Agreement or the Contract Documents. c. Shall not undertake any of the responsibilities of contractor, subcontractor, suppliers, or contractor's superintendent. d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Owner or contractor. f. Shall not accept shop drawing or sample submittals from anyone other than the contractor. g. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by GAI. 14. GAI shall provide the following Public Involvement services: a. GAI will prepare a project web site that may be accessed through the City of Denton website. The site will include information about the project, � project schedule, and comment area. Content will be discussed with the City PM prior to posting. b. GAI will attend up to three (3) public meetings at the concept, design and construction phases of the project. GAI will provide project e�ibits and prepare presentations for each meeting. This scope assurnes that the Owner will pay for advertising and mailings associated with each public meeting. E. Geotechnical Materials and Construction Testing (Landtec) Testing sha11 be conducted based on the latest requirements of the City of Denton and the North Central Texas Council of Governments. Testing shall be performed for the following: 1. Site Preparation, Filling, Back Filling 2. Utilities 3. Mechanical Lime Stabilization 4. Pier Installation Monitoring 5. Concrete Testing 6. Hot Mix Asphalt Concrete Testing 10 ARTICLE III EXTRA SERVICES: Extra Services to be performed by GAI, if specifically authorized in writing by Owner, which are not included in the above-described Basic and Additional Services, are described as follows: A. Phase II Environmental Site Assessment services in accordance with ASTM standards to identify and investigate the nature and extent of potential environmental contamination. B. Tree survey to comply with City of Denton tree protection ordinance. C. Field layouts or the furnishing of construction line and grade surveys. D. Legal services for eminent domain hearings. E. Historical structure survey for any structure that is within the proposal right-of-way that is 50+ years old will be considered an additional service. F. If buried features or structures are located, it may be necessary to conduct formal National Register of Historic Places testing to satisfy the THC. The costs of in-depth NRHP testing or mitigation excavation will be considered an additional service. G. Documenting and Recording Historic Structures. H. GIS mapping services or assistance with these services. I. Providing additional 3D renderings or revisions to existing 3D renderings of the project design. J. Making revisions to drawings, specifications or other docutnents 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 andlor 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. 11 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 fi,u�nished 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 constxuction work. P. Design, contract modifications, studies or analyses required to cornply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Services required to resolve bid protests or to rebid the project for any reason, unless such rebid is directly caused by actions or negligence of the engineering professional. R. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. S. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. T. Providing services after the completion of the construction phase not specifically listed in Article L U. Providing basic or additional services on an accelerated time schedule. The scope of this service includes the cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. V. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. W. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of GAI. X. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Y. Provide follow-up professional services during contractor's warranty period. 12 ARTICLE N TIME OF COMPLETION: GAI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the schedule shown as Exhibit 3 of this document. If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Owner or regulatory reviews, delays on the flow of information to be provided to GAI, governmental approvals, etc. If the project is placed on hold by the Owner for more than six months, GAI reserves the right to negotiate additional compensation for additional services related to the delay. ARTICLE V RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of GAI: A. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to GAI's services for the Project. B. Provide all criteria and full information as to Owner's requirements for the Project, including project objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the plan. C. Assist GAI by placing at GAI's disposal a11 available information pertinent to the Project including previous reports, GIS mapping and data, and any other data relative to completion of the Project. D. Exainine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by GAI, obtain advice of other consultants as Owner deems appropriate for such examitlation and render in writing decisions pertaining thereto within a reasonable time so as not to delay �the services of GAL 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. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 79 20 21 22 23 24 25 26 27 30 Phase I Hickory Creek to Bonnie Brae Sanitary Sewer Phase II Jones Property to KCS Railroad Preliminary Project Schedule Exhihit 3 Phase III KCS to IH 35E September 12, 2011 201 D 20N Exhibit 4 Graham Associates, Inc.: Principal Senior Engineer Registered Public Land Surveyor Senior Hydrologist Registered Engineer Graduate Engineer Graduate Hydrologist Technician IV Technician III Technician II Technician I GPS Survey Crew 3 Man Survey Crew 2 Man Survey Crew Clerical CADD Station Landtec Engineers, LLC PERSONNEL Project Geotechnical Engineer Senior Geotechnical Engineer Senior Project Manager Principal Engineer Senior Engineering Consultant Registered Professional Land Surveyor Expert Witness (Deposition and Trial) Engineering Technician I Engineering Technician II Engineering Technician III Senior Engineering Technician Engineering Assistant/Specialist Word Processing/Clerical Drafting/CADD Field Survey Field Survey over 8 hrs/day GPS Equipment GPS Communications Robotic Equipment Charge $150.00 $125.00 $125.00 $125.00 $100.00 $90.00 $95.00 $90.00 $75.00 $60.00 $40.00 $130.00 $140.00 $120.00 $35.00 $25.00 $ 125.00 $ 135.00 $ 150.00 $ 165.00 $ 195.00 $ 135.00 $ Reg. Rt. x 1.5 $ 40.00 $ 50.00 $ 60.00 $ 65.00 $ 75.00 $ 50.00 $ 70.00 $ 115.00 $ 125.00 $ 10.00 $ 50.00 $ 10.00 Sanitary Transportation (portal to portal) Transportation w/trailer (portal to portal) Minimum Transportation Charge Support Vehicle Eer Diem Sample/Docurnent Shipment.$ Plots/Copies Copies DRILLING AND SAMPLING Drilling and Intermittent Sampling in Soil Drilling and Continuous Sampling in Soil Drilling in Rock (Auger - no sampling) Core Drilling in Shale/Sandstone/Moderately Hard Limestone Core Drilling in Very Hard Rock Field Penetration Tests, split spoon or TxDOT cone DRILLING AND SAMPLING CONT'D Drilling Through Concrete Mobilization of Rig (Local) Minirnum Drilling fee Plug Bore Hole with Bentonite Hollow Stem Auger Drilling (3.25 I.D.) w/continuous bbl sampler Drill Rig Standby Time SOIL Atterberg Limits (liquid and plastic limits), ASTM D4318 Percent Passing No. 200 Sieve, ASTM D 1140 Standard Proctor, ASTM D 698 Modified Proctor, ASTM D 1557 TEX-113E Processing Materials greater than No. 4 Sieve Analysis, ASTM D422 Lime/Atterberg Limits Series, 4 points Soluble Sulfate, TxDOT 145E Moisture Content, ASTM D433 Moisture Content and Unit Dry Weight Hydraulic Conductivity, $ 0.65/mile $ 0.75/mile $ 50.00/trip $ 50.00/day $ 150.00/day 50.00 each $ 50.00/first plot; $ 5.00 after first plot $ 0.10/page $ 16.00/foot $ 24.00/foot $ 15.00/foot $ 25.00/foot $ 30.00/foot $ 3 5.00/each $ 100.00/hole $ 300.00/each $ 1250.00/each $ 7.50/foot $ 27.00/foot $ 185.00/hour $ 60.00/test $ 50.00/test $ 140.00/test $ 175.00/test $ 225.b0/test $ 65.00/test $ 70.00/test $ 250.00/test $ 100.00/test $ 15.00/test $ 25.00/test ASTM 5084 $ 310.00/test Hydraulic Conductivity, COE $ 310.00/test Hydrometer Analysis. $ 115.00/test Specific Gravity $ 60.00/test Unconfined Compressive Strength $ 45.00/test Unconfined Compressive Strength (core) $ 60.00/test Absorption-Pressure Swell $ 100.00/test Free Swell $ 75.00/test Bar Linear Shrinkage $ 20.00/test California Bearing Ratio (ASTM 1883) $ 225.00/point Consolidation $ 450.00/test Triaxial Shear —1.4-inch, 2.0-inch diameter specimens (larger diameter specimens quoted upon request) a. Unconsolidated Undrained: - multiple specimen, � 3 specimens minimum $ 85.00/spec - single specimen, 3 points minimum $ 55.00/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 minirnurn $ 450.00/point Direct Shear — 2.5-inch diameter specimen - Q-Test, 3 points minirnum $ 175.00/point - S-Test, 3 points minimum $ 250.00/point Remolding samples $ 60.00/each Alnha Testing Inc., STANDARD iJNIT FEE SCHEDULE 1. Engineering technician services for molding � concrete test specimens, performing slump, air tests and testing at batch plant. $ 40.00/hr 2. Overtime (in excess of 8 hours per day) $ 60.00/hr 3. Special Inspector, Full Time Masonry Observation $ 65.00lhr 4. Overtime (in excess of 8 hours per day) $ 97.50/hr � 5. Specimen pick-up w/o field testing of concrete placement by ALPHA TESTING 6. Handling charge for testing specimens not molded by this Laboratory 7. Vehicle Trip Charge 8. Laboratory compression testing and reporting of concrete cylinders 8.1 Reserve concrete cylinders not tested 9. Laboratory flexural testing and reporting of concrete beams 9.1 Reserve Beams not tested 10. Grout Prism (3x3x6 inch) Compression Test 11. Masonry CMLT Prism, Compressive Strength Test 11.1 Un-grouted) 11.2 Grouted 12. Laboratory testing of aggregate for concrete mix design including gradation, fineness modulus, absorption, specific gravity and unit weight 13. Concrete Mix Designs: 13.1 Review of mix design 13.2 Laboratory design of concrete mix with specific strength and workability Characteristics 13.3 Additional Mix Design utilizing aggregate sample 13.4 Technician Design Batch Time 13.5 Design Confirmation Cylinders 13.6 Design Confirmation Flexural Beams 14. Special Laboratory Testing of Concrete Aggregates 14.1 Sieve Analysis (dry method) 14.2 Sieve Analysis with decantation (wet method) 143 Specific Gravity of aggregates 14.4 Organic Matter 14.5 Hydrometer Analysis 14.6 Percent Finer than 200 mesh 14.7 Absorption 14.8 Moisture Content 14.9 Bulk Unit Weight(SpGr) 14.10 Dry Rodded Unit Weight 14.11 Loose Rodded Unit weight 14.12 Los Angeles Abrasion 14.13 Sodium Sulphate Soundness (3 cycles) 14.14 Wet Ball Mill Test 14.15 California Bearing Ration (CBR) Test 14.16 Minus 200 15. Concrete Coring* 15.1 2 or 4 Inch Diameter Cores (avg 6"/dpth)(Includes Coring, Prep & Testing) $ 50.00/trip $ 35.00/set $ 30.00/trip $ 18.50/ea $ 18.50/ea $ 24.00/ea $ 24.00/ea $ 25.00/ea $ 75:00/ea $ 110.00/ea $ 225.00/ea $ 265.00/ea $ 975.00/ea $ 425.00/ea $ 40.00/hr $ 18.50/ea $ 24.00/ea $ 50.00/ea $ 55.00/ea $ 70.00/ea $ 70.00/ea $ 125.00/ea $ 55.00/ea $ 55.00/ea $ 9.00/ea $ 45.00/ea $ 30.00/ea $ 20.00/ea $ 575.00/ea $ 625.00/ea $ 625.00/ea $ 700.00/ea $ 55.00/ea $ 90.00/ea 15.2 Minimum coring charge (per trip) 15.3 Core Hole Patching 15.4 Core Preparation if cored by others & delivered to our Laboratory 15.5 Core Compression Test if cored by others & delivered to our Laboratory 16. 16.1 16.1a 16.2 16.2a 16.2b 16.3 163a 17. 18. 19. 20. 21. 22. 23 24. 24.1 24.2 24.3 24.4 Concrete Special Testing Services: Schmidt RebouYd Hammer Testing (4hr Min.) Equipment Charge Windsor Probe Testing (4hr Min) Probe Supplies Equipment Charge R-Meter (Reinforcement Location) (4hr Min) Equipment Charge Engineering technician services performing in-place field density testing Engineering technician services for sample pick-up Overtime (in excess of 8 hours per day) Vehicle Trip Charge � Nuclear density equipment charge Half day (0 - 4 hours) Full day (over 4 hours) Moisture/Densiiy Relationship of Soils Standard Proctor (ASTM D 698) Modified Proctor (ASTM D 1557) Target Moisture Proctors With Lime added in laboratory, add 25. Atterberg-limit Deternlinations 25.1.1 Natural 25.2 With Lime, add 26. Lime Series, ph Method (Eades & Grim 1blefhod) 27. Soluble Sulphate (Standard 8 Day turn around, Rush rates quoted upon request) 28. Senior Engineering Technician for Visua.l Structural Observations: 29. 30 31 32. 33. 34. 35. Senior Engineering Technician for Visual Structural Observations, Overtiine Vehicle Trip Charge Marshall stability, flow and density (3 points per test) Extraction and gradation Maximum Theoretical SpGr Disposal Fee Design of asphaltic concrete mix (Marshall Method) $ 250.00/ea $ 20.00/ea $ 10.00/ea $ 25.00/ea $ 45.00/hr $ 45.00/day $ 45.00/hr $ 36.00/set $ 45.00/day $ 45.00/hr $ 45.00/day $ 40.00/hr $ 40.00/hr $ 60.00/hr $ 30.00/trip $ 75.00 $ 125.00 $ 185.00/ea $ 190.00/ea $ 1,200.00/ea $ 80.00/ea $ 70.00/ea $ 30.00/ea $ 350.00/ea $ 95.00/ea $ 65.00/hr $ 97.SO�hr $ 30.00/trip $ 92.00/ea $ 175.00/ea $ 75.00/ea $ 25.00/ea 35.1 3 Aggregates, 5 Bitumen Percentages 35.2 4 Aggregates, 5 Bitumen Percentages 36. Roof-cut analysis, either quantitative or qualitative type 37. Non-destructive testing of steel using ultrasonic equiprnent 37. 1 Regular time (4 hour minimum) 37. 2 Overtime (in excess of 8 hours per day) 37. 3 Equipment Charge 38. Free Swell Tests 39. Spray on Fireproofing: 39.1 Laboratory Density 39.2 In Place Bond Test 40. F'ire Spread Test (ASTM E84) 40.1 NLTMBER OF SAMPLES COST PER SAMPLE 1 2-5 6 Plus 40.2 Sample Preparation if required (Per Sample) 40.3 Over night Shipping (Pre Sample) 41. Floor Flatness: 41.1 Testing Minimutn Charge 41.2 Testing for over 18,000 sq/ft 42. Taylor # 625 Calcium Chloride Kits 43 Administrative Services, test evaluation, Report & Plan Review, contract administration, laboratory and field supervision 43.1 Principal Engineer (P.E.) 43.2 Senior Project Engineer (P.E.) 43.3 Materials Engineer 43.4 Materials Manager 43.5 Senior Engineering Technician 43.6 Field Engineering Technician $ 1,300.00/ea $ 1,500.00/ea $ 800.00/ea $ 125.00/hr $ 150.00/hr $ 50.00/day $ 100.00/ea $ 45.00/ea $ 55.00/ea $ 735.00 $ 700.00 $ 660.00 $ 160.00/ea $ 130.00/ea $ 450.00/min $ 0.025Sq/Ft $ 40.00/ea $ 165.00/hr $135.00/hr $125.00/hr $100.00/hr $ 65.00/hr $ 40.00/hr Geotechnical & Environmental Engineering Construction Materials Testing Laboratory Testing QA/QC Services September 9, 2011 Proposal 3160 Mr. Mark Burckhard, P.E. Vice President Graham Associates, Inc. 600 Six Flags Drive, Suite 500 Arlington, TX 76011 Re: Geotechnical Investigation and Construction Materials Testing Services — Bonnie Brae Street Sanitary Sewer — Phase I, II and III, Denton, Texas Dear Mark: In accordance with your request we are herein submitting our proposal for geotechnical engineering and construction materials testing services for the Bonnie Brae Street Sanitary Sewer project Phase I, II and III in Denton, Texas. This proposal is based on information provided and discussed during our meeting on August 22, 2011. Phase I includes a geotechnical investigation for the section of Bonnie Brae Street Sanitary Sewer from Hickory Creek to Highland Park, some 4500 linear feet. Five borings to 20 feet are included along with some lab tests and a geotechnical engineering report. Phase II includes Construction Materials Testing for a 700 linear foot section of the Bonnie Brae sanitary sewer line, 12 to 15 feet deep, from Jones property to the RR track. Services include Proctor tests and compaction tests on the backfill material. Phase III also includes Construction Materials Testing services for a 5000 linear foot section of the Bonnie Brae sanitary sewer line, 12 to 15 feet deep, from the RR track north to I-35E. CMT services include Proctor tests and compaction tests on the backfill material. 1.0 SCOPE OF BASIC SERVICES Phase I — Geotechnical Investigation • Drill 5 borings to 20 feet deep along the proposed sanitary sewer line route • Obtain soil samples and perform Hand Penetrometer tests as appropriate for the soils encountered. • Observe for groundwater seepage during drilling and record level. IANDTEC ENGINEERS, �lC 1700 Robert Road Suite 1D1 Mansfield, Texas 76063 817.572.2818 Fax 817.453.9984 3160 Bonnie Brae Sanitary Sewer - Phase I, I I and III -Sept 2011 • Backfili 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. City or Graham to provide property access letters so that LandTec can access the property with a drill rig. Laboratory testing will be conducted on selected 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, unit dry weight, moisture content and unconfined compressive strength. 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 • Laboratory test results • Discussion of subsurFace soil and groundwater conditions • Earthwork and backfill recommendations • Report provided as a PDF and four hard copies 2.0 COMPENSATION — Geotechnical Investigation LandTec proposes to perform the Basic Services outlined herein on the basis of Lump Sum amount: Phase I Geotechnical Services: $6,200 3160 Bonnie Brae Sanitary Sewer- Phase I, II and III -Sept 2011 2 WNDTEC ENGINEERS 3.0 Phases II and III - Construction Materials Testing Services The following paragraphs detail our basic scope of services and estimated cost for the construction maferials 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 utility line backfill 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 lirriits) for utility line backfill. • Perform compaction tests using a nuclear density de�ice (Troxler gauge). Determine the density and moisture content, percent compaction on utility line backfill. . 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 lea�es 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. 3160 Bonnie Brae Sanitary Sewer- Phase I, II and III -Sept 2011 3 U4NDTEC ENGINEERS 4.0 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 Phase II CMT Services: $ 3,500 Cost Estimate for Phase III CMT Services: $ 18,500 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 cost is based on the number of hours, tests, transportation, report preparation and review time. 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. 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 trip to site to perForm tests. 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. 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 3160 Bonnie Brae Sanitary Sewer - Phase I, II and III -Sept 2011 4 LANDTEC ENGINEERS intended. The cost presented here is applicable for 12 months from the date of this proposal. We appreciate the opportunity to submit this letter proposal and look forward to providing geotechnical and construction materials testing services for this project. If you have any questions please call. Sincerely, IANDTEC ENGINEERS, llC � % . ,• � Thomas D. Baker, P. E., R. P. L.S. Sr. Geotechnical Engineer / Principal TBPE Firm No. F-000329 TBPLS Firm No. 100956-00 3160 Bonnie Brae Sanitary Sewer - Phase I, II and III -Sept 2011 5 IANDTEC ENGINEERS