2013-199ORDINANCE NO. 2013 -199
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND
ENGINEERING SERVICES WITH GRAHAM ASSOCIATES, INC. RELATING TO THE
WIDENING OF VINTAGE BOULEVARD FROM BONNIE BRAE ROAD EAST TO U.S.
HIGHWAY 377 IN AN AMOUNT NOT -TO- EXCEED $557,402; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
5328- AWARDED TO GRAHAM ASSOCIATES, INC.).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed Agreement are fair and reasonable, and are
consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession, and such fees do not exceed the
maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to enter into a
Professional Services Agreement with Graham Associates, Inc., Arlington, Texas to provide
professional engineering services in the amount of $557,402, relating to the widening of Vintage
Boulevard from Bonnie Brae Road East to U.S. Highway 377; a copy of which Agreement is
attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or his designee is authorized to expend funds as required
by the attached Agreement.
SECTION 3. The City Council 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 5328 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 2013.
til
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
2 -ORD -File 5328
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the 2 Dill day of
2013, by and between the City of Denton, Texas, a Texas municipal
corpoVation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Graham Associates, Inc., with its
corporate office at 600 Six Flags Drive, Suite 500, Arlington, Texas 76011 hereinafter
called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to
perform the services as described herein and in the Proposal, the General Conditions, and
other attachments to this Agreement that are referenced in Section 3, in connection with
the Project. The Project shall include, without limitation, but shall not be limited to the
following major components (for a more precise or comprehensive description of the
Scope refer to Exhibit 2, Attachment E):
A. Conceptual Design Plans
Task 1: Vintage Blvd — US 377 to Bonnie Brae - Conceptual plans (30% Plans)
for this section of the project shall be prepared to such detail as is necessary to
resolve all conceptual issues. Conceptual plans must be approved by Owner prior
to Design Professional commencing with the preparation of preliminary design
construction plans.
1. Horizontal alignment of proposed paving, medians, etc.
2. Vertical alignment of proposed roadway.
3. Direction of traffic flow on all roadways.
4. An opinion of probable construction costs.
5. The approximate location of all existing and proposed driveways within
limits of the project.
6. The location of all trees with a diameter of six inches (6 ") or greater.
7. A preliminary drainage study, including drainage areas, location and size
of existing drainage facilities, the approximate size and alignment of
proposed drainage facilities, and approximate discharges.
8. Approximate dimensions of existing and proposed right -of -way and
easements.
In
C.
Task 2: Union Pacific Railroad (U.P.R.R.)
1. Horizontal alignment of proposed roadway and track work.
2. Vertical profiles of proposed roadway and track work.
3. Typical sections.
4. Sequence of work.
5. Summary of work to be completed by Contractor.
6. Summary of work to be completed by the Railroad.
7. Submitting plans to U.P.R.R. for approvals.
8. Pedestrian crossing for the U.P.R.R.
Preliminary Design Construction Plans
Task 1: Vintage Blvd from US 377 to Bonnie Brae —
Prepare 30% Plans, Specifications, and Estimate (P.S. &E) documents for TxDOT.
1. Preliminary plans title sheet with index of sheets.
2. Project layout.
3. Existing /proposed typical sections.
4. Preliminary plans summary sheets.
5. Alignment sheets.
6. Plan/profile sheets for all alignments (horizontal and vertical alignments
final upon approval of 30% plans level).
7. Preliminary plans intersection layouts.
8. Drainage area maps.
9. Hydraulic computations.
10. Preliminary plans culvert layouts.
11. Preliminary plans storm sewer layouts.
12. Preliminary plans water and sanitary sewer layouts only.
13. Pavement design report.
Task 2: Union Pacific Railroad
1. Meetings at Dallas/ Fort Worth Division office.
2. Preliminary engineering required to satisfy U.P.R.R.
3. Preliminary work on utility relocations.
Preliminary Right -of -Way Documents, 60% Plans for Vintage Blvd. from US 377
to Bonnie Brae Preliminary Construction Plans Union Pacific Railroad.
Task 1: - Right -of -Way Determination for the project streets - In conformance
with City and State standards, Design Professional shall survey, render field
notes, and prepare detailed plans (right -of -way strip maps) and individual parcel
exhibits for any additional right -of -way and /or easements, including temporary
construction easements, needed. Design Professional shall also set control points,
In
which shall be based on NAD -83, on both sides of the road. The required items
are necessary for the acquisition of right -of -way required to construct Project.
This information shall be required prior to acceptance of final construction plans.
Task 2: Vintage Blvd - US 377 to Bonnie Brae (60% Plans) - At such time as
Design Professional is directed by Owner, Design Professional shall prepare the
following:
1. Title sheet with index of sheets.
2. Project layout.
3. Existing /proposed typical sections.
4. Plans summary sheets.
5. Plans traffic control plan.
6. Alignment sheets.
7. Plan/profile sheets for all alignments.
8. Intersection layouts.
9. Miscellaneous roadway details.
10. Drainage design.
11. Drainage area maps.
12. Hydraulic computations.
13. Water and sewer plan
14. Culvert layouts.
15. Storm sewer layouts.
16. Utility exhibits.
17. Traffic signal layouts.
18. Illumination layouts.
19. Signing layouts.
20. Pavement marking layouts and delineation.
21. Erosion Control layouts.
22. Cross - sections.
The preliminary plans will include water, sewer, and drainage improvements
design, and preliminary work on utility relocations.
Task 3: Union Pacific Railroad
1. Meetings at Dallas /Fort Worth Division office.
Final Construction Plans
Task 1: Final Design Construction Plans (90% Plans) — Vintage Blvd. - US 377
to Bonnie Brae
1. Construction plans.
2. Bid proposal.
3. Special specifications as required.
3
Task 2: Union Pacific Railroad
1. Coordination with Main Office, and Dallas/ Fort Worth District.
2. Prepare preliminary agreements between U.P.R.R. and City.
3. Subsurface Utility Engineering Plans in the area to determine location of
existing utilities to aid in the design of improvements crossing the railroad
including drainage.
Task 4: Right -of -Way
1. Prepare final right -of -way plans and documents for all streets on the
project.
E. 100 %Construction Plans Right-of-Way, and Specifications
Task 1: 100% Vintage Blvd - US 377 to Bonnie Brae
1. Revise plans per Owner's review comments.
2. Revise specifications/bid documents per Owner's review comments.
3. Revise right -of -way documents per Owner's review comments.
Task 2: Union Pacific Railroad
1. Any changes to plans requested by Owner per U.P.R.R.
2. Finalize contracts between Railroads and the City of Denton for bidding of
project.
F. Miscellaneous Requirements —
1. Design Professional shall furnish, upon request by Owner, one (1) set of
film reproducibles of the "Final" approved and dated plans. Design
Professional shall submit an electronic copy of the drawings in a format
acceptable to the Owner.
2. The Design Professional shall also prepare Record Drawings utilizing the
construction plans based upon redline markups reflecting any field
changes. The Contractor shall prepare and supply the redline markups to
the Design Professional after construction is complete. Design
Professional shall submit one (1) set of film reproducibles and an
electronic copy of the Record Drawings in a format acceptable to the
Owner.
11
SECTION 2
COMPENSATION
Total compensation for the Design Professional contemplated under the terms of this
agreement shall be $557,402.00 for all services including reimbursable expenses. The
Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $295,320.00.
2.1.2 Progress payments for Basic Services shall be paid monthly based on the
actual work satisfactorily completed per month in each phase as a percentage of the
overall compensation for that phase, with the following percentages of the total
compensation for the Basic Services for each phase of the Project:
Schematic Design Phase 20%
Design and Development Phase 30%
Construction Documents Phase 30%
Bidding Phase 8%
Construction Phase 12%
100%
2.2 ADDITIONAL SERVICES
2.2.1 For Additional Services the total compensation shall be $257,082.00.
Compensation for Additional Services shall be based on actual services authorized
and performed with lump sum or maximum not to exceed subtotals depending on
the service provided all as shown in Exhibit 2, Attachment A. The schedule for the
hourly rates is attached as Exhibit 4.
2.2.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services, geotechnical services,
right -of -way services, etc. shall be based on a multiple of 1.1 times the amounts
billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.05 times the expenses incurred by the Design Professional, the Design Professional's
employees and consultants in the interest of the Project as defined in the General
Conditions but not to exceed a total of $5,000.00 without the prior written approval of the
Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees,
FEMA review fees.
5
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of
which are attached hereto and made a part hereof by reference as if fully set forth herein:
Exhibit 1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
Exhibit 2. The Design Professional's Proposal
Attachments A through E:
Attachment A — Summary of Engineering Fees
Attachment B — Projected Plan Sheets
Attachment C — Organizational Chart
Attachment D — Estimate of Construction Costs
Attachment E — Scope of Services and Deliverables
Exhibit 3. Project Schedule
Exhibit 4. Schedule of Rates
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JE IFER WALTERS, ITY SECRETARY
B Y AAA h-, ,
sit
ATT
170-M
CITY OF DENTON, TEXAS
A Municipal Corporation
BY:
GEO GE C. CAMPBELL
CITY MANAGER
GRAHAM ASSOCIATES, INC.
A Corporatio
B
W. JEFF WILLIAMS, P.E.
PRESIDENT
Nxhibit x
CITY OFDENTON
GENERAL CONDITIONS
TO
AGREEMNT FOR ARCEITECTURAL OR ENGINEERING SERVICES
ARTICLE 1, ARCHITECT ORENGMEEMS RESPONSIBILITIES
1,1 The Architect or Engineers services consist of those services for the Project (as defined in the agreement (the " Agreemenf l mud proposal (the 'Proposal ") to which these
General Conditions are attached) performed by the Architect orEngineer (hereinafter called the "Design Professional'? or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 ofthese General Conditions as modified by the Agreement and Proposal (the "Services ").
1,2 TheDeslgaProfessionalNviliperfarmallServicesasanindependenicontractortotheprevailingprofessionalstandards consistentNviththelevelofcareandAillordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Card), Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project
Upon request of the Ovmor, the Design Professional shall submit for the Owners approval a schedule for tho performance of the Services which may be adjusted as the Project
proceeds, and shall inolude allowances for periods of time required for the Owner's review and for approval o£ submissions by authorities having jurisdiction over the Project
Time limits established by this schedule and approved by the Owner shalt not, except for reasonable Cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OFBASIC SERVICES
21 BASIC SERVICES DEFINED The Design Profassional's Basic Services consist ofthose described in Sections 2,2 through2.6 of these General Conditions and include
withoutlimitatton normal structural, civil,meebanical and electrical engineering services and any other engineering services necessary to produce complete mia accurate set of
Constmetion Documents, as described by end required inSeotlon2 .4. ThaBasic Services may be modified by the Agreement
2.2 SCHEMATICDESIGNPIIASE
12.1 The Design Professional, in consultation with the Omer, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project
2,2.2 The Design Professional shall provide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in
terms of rho other, subjeetto the limitations set forth in Subsection 5.2.1.
213 T he. De sigrinofessionalshall reviewwiththeOwneralternativeapproachestodesignandconstructionoftheProject
2.2,4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by thoOnrner,
Schom atle Design Documents consisting o6draNNings and other documents illustrating the scale and relationship of Project components. The SchematicDesignshali
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design professional shall submit to the Omer a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
Which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction
2,3 DESIGNDEVELOPhSENTPH&SE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in theprogram, schedule or conshttcttonbudgak the Design
Professional shallprepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to iirt and desonbe the sizo and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. hrohvithstanding Owners approval of the documents, Design Professional represents that the
Documents and spoelfications vvilI be sufficient and adequate tofulfrll the purposes of the Project
2.3.2 Ubc DesigAProfessional shall advise the Omer of any adjustments to the preliminary estimate ofConstruetion Cost in a Ridlier Detailed Statementas described
In Section 2.2.5.
2,4 CONSTRUCTIONDOCUMENTS PRASE
14,1 Based on the approved Design Development Documents and any Rather odjustments in the scope or quality of the Project or in the cons4uction budget
authorized by die Owner, thoDesign Professional shall prepare, for approval by the Owner, CmzshucGonDocumeuls consisting of Drawings and Specifications setting
forth in detail requirements for the construction of The Project, which shall complywith all appUcable laws, slatules ordinances, codes and regulations,
2.41 The Design Professional shall assist the Owner fn the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions oftheoontract, andthe formofAgreementbehveen the Owner and contractor.
2.4.3 7ho Design Professional sball advise the Owner ofany 4ushonts to previous pTeRminaty estimates ofCoriftctimT Cost indicated byclianges iareqwrements
or general marhicondidons,
2AA The Design Professional shall assist the Owner it connection with the Owners responsibility fbr filing documents required for the approval of governmental
authorities havingJurisdietion over the Project
2,9 CONSTUCTIONCONTRAG'PPROCOREMENT
2,!d The Design Professional, followingiho Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project tbrouglf any procurement method that is legally applioablo to the Project including without
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limitation, the competitive sealed bidding process. Although the Owner will consider the advice of die Design Professional, the award ofthe construction contract is in
the sole discretion of the Owner•
2.5.2 If he construction contract amount for the Project exceeds the total construction cost of the Project as set forlb in the approved Detailed statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality ofthe work so that the total construction cost of the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs,
2.6 CONSTRUCTION PHASE - ADDMSTRATIONOF THE CONSTRUCTiONCONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2,
2.62 The Design Professional shall provide detailed admi iistration of the Contract for Construction as sot forth below. For design professionalss the administration
shall also be In accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions,unless otherviseprovided in the Agreement. For engineers the administration shall also be in a000rdanco with the
Standard Specifications forPublloWorks Constmotionby the North Central Texas Council ofGovemments, current as ofthe date ofthe Agreement, unless otherwise
provided In the Agreement
2,63 construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modifled or extended witbmnrt -written
agreement ofthe, Ownerand Design Professional.
16.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to sot on behalf of the
Owner only to the extent provided intho Agreement andthese General Conditions, unless otherwise modified by written instrument
245 The Design Professional shall observe. the construction site at least one time n week, while construction is in progress, and as reasonably necessary Wile
construction is not in progress, to become fbmfllar with the progress and quality of the work completed sod to determine if the work is being performed in amanner
Indicating that the work when completed wil[ beinsccordarim with the Contract Documents, Design Professional shall provide Owner a written report subsequentto
each on-site visit: On the basis of onsito observations the Design Professionai shall keep the Owner informed of the progress and quality of the work, and shall
exoroisetho Degree of Care and diligence indfscovcring and promptly reporting to the Owner any observable defocts or defiolencies in the work of Contractor or any
subcontractors. The Desip Professional represents that he %W1followDegreeof Care in performing all Services under the Agreement llrobesigal'rofessionalshall
promptly correct any defectiva designs or specifications furnished by the Design Professional at no cost to the Owner, The Owners approval, aoceptanee, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way filter the Design Professional's obltgatioru or the
Owner's rights hereunder.
16.6 The Design Professional shall not have control over or charge of and shall not be responsiblo for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules of
failure to carry out the work in accordanoe with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions, The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performingportions of the work.
2.6.7 Tic pro
2.6.8 Except as may otherwise be provided do the Contract Documents or -when direct communications have been specialty authorized, the Owner and Contractor
shall communlcata through the DesigaProfessional. Communications by and with the DeslgrLProfesslonal's consultants shall be through the Design Professional.
249 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor,
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on thebesigt Professional's observations atthe site as
provided in SubmtIon 2.6.5 and on the data comprising the Contractor's Application for Payment that the work has progressed to the point indicated and that the
quality of the Work is in accordencewiththe Contract Documents, Thb foregoing representations we subjett. to minor deviations Rom tbo Contract Documents cor-
rectable prior to aorrpietion end to specilia qualifications expressed by the Design Professional. The issuance of Certificate far Payment shall fbrther constitute a
representationthat the Contractor is entitled to payment in the amount certified. However, the Issuance of a Certificate. for Payment shall not be a representation that
the Design Professional has(]) reviewed cons roodon means, methods, techniques, sequences or procedures, or(2) ascertained how or for what purpose the Con tractor
has used money previously paid on account of the Contract Sum.
2.6.11 TheDesiga Professional shall have the responsibility and authorityto reject-work which deer not conform to the Contract Documents, whenever the Design
Professional considers itneccssaq, or advisable for implementation of the intent of the Contract Documents, the Design Professional will havo authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, wtrethor or not such work is fabricated, installed or
completed. However, neither Us authority oftho DesignProfessional nor a decision made in good faith eitherto exercise ornot exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6,12 The Design Professional shall review and approve or take, other appropriate actionupon Contractoea submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes, and (2) determining whether or not the wrorl , when
completed, -vill be in compliance withtbe requirements ofthe Contract Documents. The Design Professional shall act with such reasonable promptness to causeno
delay in the -work or in the construction of the Owner or of separate contractors, while allowing sufficlent time In the Design Professional's professional judgment to
pomitadequatereview, Review ofsuch submittals is not conducted forthe purpose Welermining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating Instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to =_he extent required by the Contract Documents• TheDesipProfessional's review shall not constitute approval Of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design professional's
approval of a specific item slid Vice, indicate approval ofan assembly ofwhich the item isacomponent Whenprofessionoleer6fica6onofperformaneeobamoteris6a
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H, \MisalBlank FormsIGENERAL C;'ONDITIONS•ARCHPIECT ENGINEERRevised 052209.doo Revised 5 -30.02
ofmaterials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment %viii meet the performance criteria required by the Contract Documents.
2.6,13 The Design Professional shall prepare Change Orders and Construction Changa•Directives, Nvith supporting documentation and data if deemed necessary by
the Design Professional as provided In Subsections 3.1.1 and 3.3.3, for the Osvnefs approval and execution in accordance With the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an erdension ofthe Contract Time rfiich are not inconsistent with the intent
of the Contract Documents.
2,6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completio% and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and reviewwritten guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the ContractDocuments.
2.6.15 7heDesignProfessionalshall interpretandprovidereconvnendationsonmatters cancemingperformanceof theOwnerandContractorundertherequirements
ofthe Contact Documents on written request of either the Owner or Contractor, The Design Professional's response to such requests shalt be made with reasonable
promptness and within any time limits agreed upon
2.6.16 interpretations and decisions ofthaDesign Professional shall be consistentwith the intent of andremonably inferable from the Contract Documents and shall
boinrritingorinthefomtofdrawings. When making such interpretations end WQ decisions, thoDesigmProfmionat shall endeavor to secure hi" performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provrslons of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution orprogress of theworkas provided in the ContractDocumeals.
2418 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares, and (3) by acknowledging payment by the Queer of any fees due, sba1L not be released from any
rights the Owner may haveunderthe Agreement ordimfnish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four setts of reproducible prints shoring all significant ohanges to the Construction Documents during
the Construction Phase.
ARTICLZr 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in vritfng by tho Owner. If services described under Contingent Additional Services In Section 3.3 are required duo to oircumsfances beyond
the Design Professional's control, the-Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the thvner indicates in writing that all or part of such Contingent Additional Services are notrequired, the DeftiProksionat
shall have no obligation to provide those services. Owner wilt be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or Ault ofDesign Professional
3,2 PROJECTREPRESENPATIONBEYOND 13ASICSFRVICES
121 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Represenitfves toassist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Ovmer andDesign Professional.
33 CONTINGENT ADDITIONAL SERVICES
3.11 Making material revisions in Drawings, Speclfications or other documents when such revisions Pro:
1, inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. equired bythD enactment or revision of codes, laws orregaMons subsequent to the preparation of such documents, or
3, due to changes required as a result of the Owno?s failure to render deoisioafn athely manner,
132 Providing services required because of significant changes fnthe Project inoluding, but not limited to, size, quality, complexhL ortho Owner's schedule, except
for services required under Subsection 2.5.2,
3,33 Preparing Drawings, SpeoiBcadons and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Direetwes.
3,3,4 Providing consultation concemingreplaoement ofwork damaged by Ere or other cause during construction, and famishing services required in comnection with
the replacement of such NN o&
3,3.5 Providing services trade necessary by the default ofthe Contractor, by major defects or deficlencles In the work of the Contractor, or by failure of performance
of eiiherthe thvneror Contractor under tho Contract for Constuegon.
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316 Providing services in evaluating an extensive number ofclaims submitted by the Contractor or others in connection with the work.
3.3.1 Providing services in conneotionv9th a publichearing, arbitration proceeding or legal proceeding except ntnerethe Design Professional is party thereto.
3,33 Providing services in addition to those required by Article 2 forpreparingdocuments for alternate, separate or sequential bids or providing services incomection
with bidding or construction prior to the completion of the Constriction Documents Phase,
3.3.9 Nowithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described lnthis Article 3 that aro
caused or necessitated in whole or in part duo to the negligent actor omission of the Design Professional shall be performed by the Design Professional as apart ofthe
Basic Services under the Agreement withno additional compensation above and beyond the compensation duo the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 139.
3.4 OPTIONAL ADDITIONAL SERVICES
341 Providing fnrancial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project,
3.4.4 Providing services relativetofuture facilities, systems aril equipment
3.4.5 Providing services to investigate existing conditions or facilities or to make measureddmNvingsthereo£
3.4.6 Providing services to verity the accuracy o£dm%vings or other Information fumished by the Olvner,
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's ownforces and coordination ofservices required in connection with
construction performed and equipmentsupplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories ofmaterial , equipment and labor,
3.0 Providtng analyses ofoperating and maintenancaeosis.
3.4.10 Making investigations, inventories ofmatedals or equipment, orvaluations and detailed appraisals of existing facilities.
3.4.12 Providing assistanco in the udl zdon of equipment or systems such as testing adjusting and balancing preparation of-operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and stmilarservices required fbr or in connection with the selection, procurement or installation of flrmiture, flunishings and related
equipment
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services ofeonsultants: for other than architectural, civil, structural, meohanicat and electrical engineering portions ofthe Projectprovided as apart of
Basio5ervices.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily fomished in accordance with generally accepted awhitechuat
practice.
3.4.17 Preparing a set ofreproduciblo record drawings in addition to those required by Subsection 2.6.14, showing significant changes in the -work made duringeon-
struction based on marked -up prints, drawings and other data furnished by the Contractor to the Design Professional,
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the con", all services descnbed in this Article 3 that are
caused or necessitated in whole or Input due tc thenegUgent actor omission of the Design Professional shah be performed by the Design Professional as a part oftho
Basic Services under the Agreement vrithno additional compensation above and beyond tho compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shalt not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OFVNER'S RESPONSIB11ATIES
4.1 The Owner shall consult with the Design Professionat regarding requirements for the Project including (1) the Cwner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, fioxibility, expendability, speoiat equipment systems and site requirements, as more specl-
Really described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project including the Construction Cost the Owner's other costs and reasonable contingencies
related to ail of these costs,
4.3 If requested by the Design Professional, the Canner shall furnish evidence that financial arrangements have been made to Rilfil l the Owner's obligations under this
Agreement
Page 4 of 8
H:WiseWlank FormsIGENERAL CONDITIONS•ARCHITECT- ENGINEER Revised 052209.doc Revised 530.02
4.4 The Owner shall designate a representative authorized to act on the Owner's beltaifwith respect to the Project The Owner or such authorized representative shall
render decisions in aitmely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress ofthe, DesignProfMlonal's services.
4,5 Where applicable, the Owner shall furnish suneys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a wrlltcn
legal description of the site. The surveys and legal information shall Include, as applicable, grades and lines of streets, alleys, pavements and adjoftdng property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both-
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark
4,6 Where applicable, the Owner shall furnish the services of geotechnical engineers iNben such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations ofsotl bearing values, percolati on tests, evaluations of hazardous materials, ground corrosion and re-
sistivitytests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations.
441 TheOwnershall furnishtheservicesofotherconsultantstvhensuchservicesarereasonabl yrequiredbythescopeoftheProjectandarerequestedbytheDesign
Professioml and arenot retained by theDesig<t Professional as part of ttsBasic Services or Additional Servioes,
4.1 When not a part of the Additional Services, the Omar shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmentai tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall fumish all legal, accounting and insumnco counseling services as maybe necessary at anytime for the Project; including auditing services the
Omer may requite to verify the Contractor's Applications for Payment or to ascertait how or for what purposes the Contractor has used the money paid by or on
behalf oftheOnmer.
4.9 no, services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the DesignProfbssional.
4.10 TheCnmer shall give prompt written notice to the Design Professional iftho Owner becomes aware of any fault or defect in the Project ornonconformanca with
the Contract Documents.
4,11 Design Professional shell propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit suchto the Ovmer for reviow and approval at least fourteen. (14)dayspriortoexecution. The Owner agrees notto request certifications that wouldrequirc
knowledge or servleesbeyond the scope of the Agreement
ARTICLES CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
511 The Construction Cost shall bathe total cost or estimated cost to the Owner of all elements ofthaProject designed or specified by the Design Professional.
5.12 Tho Construction Cost shall include the cost ateurrentmarket rates oflaborandmatedals fiunished by thdOwiter and equipmentdesigned, specified, selected or
specially provided for bytho Design Professional, plus n reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the fime of bidding and for changes in the«ork duringconstmcUon.
513 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of Ure land, rights•of -way,
financing or other cols which arethe responsibility of the Owner as provided in Article 4.
5.2 RFUMNSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations'ofthe Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as adesign professional famillar iviih the constroofton industry. It is recognized, however, that neither
the Design Professlonal nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's meUnods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Nner'sProjectbudget or from any estimate o €Construction Cost or evaluation prepared or agreed to by the Design Professional,
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the fumishin&proposal or establishment of Projectbudget, unless
such fixed limit has been agreed upon in writing and signedby the parties thereto. If such a fixed limithas been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include In the ContractDoe ments alternate bids to adjust the
Construclon Costto the, fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring alter execution of the Contract
for Construction
5.2.3 if the Procurement Phase has trot commenced within 90 days after the, Design professional submits the ConstructionDocuments to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to tell cot changes In thageneral love] of prices in the construction Industry betvveeft thedateofsubmWion
of the ConstructienDocumerls to the Owner-and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, SpecifieaUons and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service° and shall
become the property of the Owner upon termination or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be. applicable to this Project, and Owner's wo of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of tho.idormation or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their lase in thatproject
Page 5 of 8
H.Wisalank FormAGENERAL CONDITIONS- ARCIUTRCT- ENGINI ER Revised 052209.doe Revised 5.30 -02
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation oftho Design Professional's reserved rights.
ARTICLE7 TEMIMATION SUSPENSIONORABANDONDIENT
71 The Design Professional may terminate the Agreement upon not less than thhy days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereofivith or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt ofsnueh
nottco. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of suchnotice, No
amount shall be due ibr lost or anitoipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner'upon termination of tha
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with anewDesignPto fessional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspender) by the Owner for more then 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Profossional's c6nipensation shall be equilobly adjusted to provide. for expenses incuired in the Interruption
and resumption of the Design Professional's services,
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project Is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by gluing written
notice.
7,4 Failure of the owner to make payments to the Design Professional for work- satisfactorily completed In accordance withtheAgrrement shall he considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make pa}mmntto Deifgn Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days wittennotico to the Owner, suspend performance ofservicesimder the Agreement
7,6 In the. event of termination not the fault of the Design Professional, the DesignprofessionaT shall be compensated for services properly and satisfactorily performed prior to
tEmllnatler. ..
ARTICLES PAYMENTS TO THE DESIGNPROFESSIONAL
8.1 D=CTPERSONNELEXPENSE
8.1,1 D'uoct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits,
81 REIM URSABLL EXPENSES
8.2,1 Reimbursable Fxpenses are in addition to compensation for Basio and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interestof the Project, as identified in thefollomving Clauses,
8.211 Expense of transportation in connection with the Project; expenses inconnectionivith authorized out-of-town travel; Iong- distance communications;
and An paid for securing approval ofauthorities havingiudsdiotion over the Project
8,2,1,2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.63), postage and handling of Drawings,
Specifications and other documents,
8,2.13 If authorized In advance by the Owner, expensoof overtimeNNorkrequiring ]higher thanregularralm
8.11.4 Expense of renderings, models and mock -ups requested bythoOHner.
8.215 Expemoofcomputer-aided design and drafting equipment time when used in connection -,viththe Project
8,216 Otherexpenses that are approved in advance in writing by the Owner,
8.3 PAYMENTS ON ACCOUNT OFIiASICSERVICFS
83,1 Payments fbr 13asio Services shall be made monthly and, whora applicable, shall be in proportion to services performed within each phase of service, on the
basis setforth in Section 2 of the Agreement and the schedule olNiork
8,31 If and to the extent that the time initially established in the Agreement Is exceeded or extended throu&in Ault of thoDesign Professional, compensation for any
services rendered during the additional period of$me shall be computed inthe manner set forth in Section 2 of the Agreement.
8,3,3 When compensation is based on percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowast bona fide. bid or (2) Trio such bid orproposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for suohportions of the Project.
8.4 PAYMENTSO i4ACCOUNTOP'ADDITIONALSERVICE,S
Page 6 of 8
H:1Misc%lankFormAGENERAL CONDITIONS- ARCHITECT ENOINEERRevised 052209,doo Revised 5 -30 -02
8A.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of theDesign Professional's statement ofservices rendered or expenses incurred.
8.5 PkYMEN'TS MMU- i1',LD No deductions shall be made from the Design Professional's Compensation on account of penalty, liquidated damages or other sums withheld
from payments to conductors, or on account of the cost of changes in the twrk other than those for which the Design Professional is responsible.
ARTICLE 9 INA)✓MITY
9.1 Tire Design Professional shall Indemnify and save and hold harmless the Owner and its officers, agents, and employees from mid against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable ationrey fees incurred by the Owner, and including, vrithout
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or emissions of the Design Professional or its officers,
shareholders, agents, or employees inthe performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who Is not a party to the Al reemont, and noticing here[n shall t%aivc any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional sball maintain the following insurance with art
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or tiny successor agonay that has a rating with Best
Rate Carriers of at least an A or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not [ass than $1,000,000 for each oeourrence and not less than $2,000,000 in the aggregate,
and with property damage limits Of not less than $100,000 for each occumeneeand not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits ornot less than $500,000 for each person and not less than $500,000 for each accident, and with property
damago limits of not less than $100,000 for each accident
103 Worker's Cornpensnlion Insurance in accordance with statutory requirements, and Employers' Liability Insurance with Iimits of not less than $100,000 for each
accident including occupational disease.
10,4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement The General Liability and Automobile Liability Insurance policies shall name the Owner as an additional insured, tine Workers'
Compensation policy shall contain aivah'er of subrogation in favor of the Owner, and each policy shall contain it provision that such insurance shall not be canceled or
modified �vithout thirty (30) days' prior mitten notice to Owner and Desig Professional. In such event, the Design Professional shalt, prior to the effective date of the
change or cancellation, furnish Omer with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLEII WSCELLANEOUS PROVISIONS
11.1 The Agreementshall be governed by the la%vs of the state of Texas. Venue of any suit or cause of action under the. Agreement shall lie exclusively in Denton Comity,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors assigns and legal representadves of such other party with respect to all covenants of this Agreement The Design Professional shalL not assign its
interests in the Agreementwithoutthe writienconsent ofthe Owner.
11.3 The term Agreement as used herein includes the executed Agreement; the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement bet%=n the Ow,ter and Design Profesvonal and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrmont signed by both Owner and Design Professional, When Interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible bereadsoastoharmonizctheprovislons. However, should the provisions of these documents be6 conflict sothatthey can notbe reasonably harmonized,
such documents shall be given priority in the following order.
1. The executed Agreement
2. Attachments referenced in Section 3of the. Agreement otherthentheProposal
3, These Oencral Provisions
4. TheProposa[
11.4 Nothing contained In the Agreement shall create a contractual relationship %vith or a cause of action in favor of a third party against either the Owner or Design
Professional,
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the rightto include representations of the design ofthe PrOJeot; Including photographs
of the exterior and Interior, among the Design professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietaryinformaUon if the Owner has previously advised theDesign ProfeSSienat in wdtingof the speoifie information considered by the Owner to be conii-
dentialorproprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project
11.6 Approval by tho Owner shal[not constitute, nor be deemed a release oftherespunsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
Page 7 of 8
M\MiscTlank PormAGENERAL CONDITIONS - ARCHITECT ENGMEER Revised 052209.doe - Revised $.30 -02
11.7 All notices, communications, and reports required or permitted under the Agreement shell be personally delivered or mailed to the respective parties by depositing
some in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless othentrise specified herein
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11,8 Hany provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event'; the parties shall reform the Agreement to replace such
stricken provision -,with a valid and enforceable provision which comes as close as possible to expressing the intention ofthe awoken provision.
11,9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 in performing the Services required hereunder, the Design Professional shall not discriminate against any parson on.the basis of race, color, religion, sex,
national origin or enceslry, age, or physical handicap.
11,11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement
Page 8 of 8
H'Wisc%lank FormsIGENBRAL COATDMONS. ARCHITECT ENGINEER Revised 052209.doc Revised 5.30.02
Graham Associates, Inc.
CONSULTING ENGINEERS & PLANNERS
Exhibit 2
The Design Professional's Proposal
July 12, 2013
Mr. Frank Payne, P.E.
City Engineer
City of Denton
901 -A Texas Street
Denton, Texas 76209
RE: Proposal for Professional Services
Engineering Design of Vintage Blvd. — US 377 to Bonnie Brae - Widening and
Improvements
Dear Mr. Payne:
Graham Associates is pleased to present this proposal to provide professional services for the
survey, right -of -way acquisition, design, and construction administration to widen and improve
Vintage Blvd. - US 377 to Bonnie Brae. Our staff and sub - consultants proposed for the project
are shown in the attached organizational chart (Attachment C). The summary of fees is shown in
Attachment A, which includes both basic and additional services. The estimate of construction
costs for Vintage Blvd. - US 377 to Bonnie Brae is shown in Attachment D. The proposed scope
of services and deliverables are shown in Attachment E. Proposed schedules are shown attached
as Exhibit 3. The schedule of rates is attached as Exhibit 4.
Graham Associates shall comply with the City of Denton's "General Conditions to Agreement
for Architectural or Engineering Services ". Our firm shall also meet or exceed the insurance
requirements of Denton including a $3 million professional liability insurance policy.
Payment for Basic Services listed in Exhibit 3 shall be made monthly based on proportion of
services performed within each phase of work. Payment for Additional Services and
reimbursable expenses listed in Attachment A shall be made monthly based on statement of
services rendered or expenses incurred.
Please contact me if you need further information.
Respectfully Submitted,
M. Wagnon, P.E.
CEO
Graham Associates, Inc. TBPE Firm 417-1191
Summit Office Park
1300 Summit Ave., Suite 419
Ft. Worth, Texas 76102 -4418
(817) 332 -5756
Fax(817)336 -6909
Centerpoint Three
600 Six Flags Drive, Suite 500
Arlington, Texas 76011 -6356
(817) 649 -1914 • Metro (817) 640 -8535
FAX (817) 633 -5240
Chase Bank
3200 Broadway Blvd, Suite 268
Garland, Texas 75043 -1571
(972) 840 -6671
FAX (972)- 840 -6671
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Exhibit 2 - Attachment B
ESTIMATED SHEET TOTALS - CITY PORTION
Sheet Description
Cover Sheet
Quantity Sheets
Survey Control Layout
Typical Sections
Erosion Control
Traffic Control
Paving Plan /Profiles
Driveways
Drainage Area Map
Runoff Computations
Inlet Computations
Storm Drainage Computations
Drainage Plan /Profiles
Drainage Laterals
Channel Grading
.Street Lights
Pavement Markings & Signage
Traffic Signals
Details
Subtotal Number of Sheets =
Cross - Section Plans
Cover
Cross - Sections
Subtotal Number of Sheets =
Total Number of Sheets =
Vintage - US Hwy 377 to
Bonnie Brae
Number of Sheets
1
6
3
2
6
14
10
1
1
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2
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2
3
6
8
18
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Exhibit 2 - Attachment B
Right -Of -Way Strip Maps
'ity Right -Of -Way Strip Maps
Vintage - US Hwy 377 to
Bonnie Brae
Sheet Description Number of Sheets
Cover Sheet 1
Parcel Summary 2
Right -Of -Way Map Sheets 5
Total Number of Sheets =
er of Sheets for All Plan Sets = 136
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ATTACHMENT D
Vintage Boulevard
From Bonnie Brae to U.S. Highway 377
Summary of Construction Costs
May 15, 2013
Paving, Traffic Control, Erosion Control, Retaining Walls $ 3,084,261.85
Union Pacific at Grade Crossing $ 875,000.00
Traffic Signals $ 225,000.00
Drainage
Street Lights
Pavement Markings
$ 869,663.75
$ 259,884.00
$ 77,589.00
Total $ 5,355,494.60
PAVING
VINTAGE BOULEVARD
BONNIE BRAE TO U.S. HWY. 377
May 1, 2013
Item
Description
Quantity
Unit
Unit Price
Item Cost
1
Preparing Right of Way
44
STA
$ 2,250.00
$ 99,000.00
2
Excavation
250
C.Y.
$ 4.00
$ 1,000.00
3
Embankment
84,190
C.Y.
$ 3.00
$ 252,570.00
4
Import material off -site
96,531
C.Y.
$ 9.50
$ 917,044.50
5
Backfill
44
STA
$ 85.00
$ 3,740.00
6
Topsoil
4,081
S.Y.
$ 0.75
$ 3,060.75
7
Block Sodding
4,081
S.Y.
$ 1.80
$ 7,345.80
8
Seeding
33,836
S.Y.
$ 0.30
$ 10,150.80
9
Watering
600
M.G.
$ 7.50
$ 4,500.00
10
Lime Slurry
502
TON
$ 150.00
$ 75,300.00
11
Lime Treatment 12"
25,062
S.Y.
$ 3.00
$ 75,186.00
12
Concrete Pavement 6" Drives
286
S.Y.
$ 47.00
$ 13,442.00
13
Concrete Pavement 10" Cross Streets
880
S.Y.
$ 45.00
$ 39,600.00
14
Concrete Pavement 12" Vintage
24,096
S.Y.
$ 55.00
$ 1,325,280.00
15
Barricades, Signs, & Traffic Handling
6
MO
$ 4,500.00
$ 27,000.00
16
Landscape Pavers
1,726
S.Y.
$ 45.00
$ 77,670.00
17
Mono Curb
8,751
L.F.
$ 2.00
$ 17,502.00
18
Sidewalks
100
S.Y.
$ 45.00
$ 4,500.00
19
Hike /Bike Trail
2,160
S.Y.
$ 45.00
$ 97,200.00
20
Curb Ramps
6
EA.
$ 1,500.00
$ 9,000.00
21
Erosion Control SWPPP
1
L.S.
$ 21,170.00
$ 21,170.00
22
Capital Improvement Signs
4
S.Y.
$ 750.00
$ 3,000.00
TOTAL $ 3,084,261.85
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
UNION PACIFIC RAILROAD
PROPOSED BPRR CROSSING OVER VINTAGE BOULEVARD
May 1, 2013
ITEM
DESCRIPTIONS
UANTIT
UNITS
UNIT PRICE
ITEM COST
1
Crossing Area
1
L.S.
$ 500,000.00
$ 500,000.00
2
Signals
1
L.S.
$ 150,000.00
$ 150,000.00
3
Flagging
1
L.S.
$ 25,000.00
$ 25,000.00
4
Railroad Permit
1
L.S.
$ 200,000.00
$ 200,000.00
SUBTOTAL $ 875,000.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
TRAFFIC SIGNALS
VINTAGE BOULEVARD AT US HIGHWAY 377
May 1, 2013
ITEM
DESCRIPTIONS
UANTIT
UNITS
UNIT PRICE
ITEM COST
1
Permanent Signal
1
EA.
$ 225,000.00
$ 225,000.00
SUBTOTAL $ 225,000.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DRAINAGE
VINTAGE BOULEVARD
BONNIE BRAE TO US HWY 377
May 1, 2013
Item
Description
Quantity
Unit
Unit Price
Item Cost
1
18" RCP (CL III)
205
L.F.
$ 32.00
$ 6,560.00
2
18" RCP (CL V)
110
L.F.
$ 60.00
$ 6,600.00
3
21" RCP (CL III)
275
L.F.
$ 39.75
$ 8,148.75
4
21" RCP (CL V)
55
L.F.
$ 65.00
$ 7,150.00
5
24" RCP (CL III)
360
L.F.
$ 45.00
$ 16,200.00
6
24" RCP (CL V)
110
L.F.
$ 69.00
$ 7,590.00
7
30" RCP (CL III)
470
L.F.
$ 60.00
$ 28,200.00
8
36" RCP (CL III)
700
L.F.
$ 80.00
$ 56,000.00
9
42" RCP (CL III)
345
L.F.
$ 93.75
$ 32,343.75
10
48" RCP (CL III)
385
L.F.
$ 106.50
$ 41,002.50
11
54" RCP (CL III)
315
L.F.
$ 125.00
$ 39,375.00
12
10' X 6' RCB
110
L.F.
$ 575.00
$ 63,250.00
13
10' Recessed Curb Inlet
8
EA.
$ 3,500.00
$ 28,000.00
14
15' Recessed Curb Inlet
2
EA.
$ 5,000.00
$ 10,000.00
15
20' Recessed Curb Inlet
5
EA.
$ 5,500.00
$ 27,500.00
16
"Y" Inlet
2
EA.
$ 2,475.00
$ 4,950.00
17
Manhole Type 1
22
EA.
$ 5,250.00
$ 115,500.00
18
Junction Box Type 1
8
EA.
$ 8,000.00
$ 64,000.00
19
Trench Safety
3,165
L.F.
$ 1.50
$ 4,747.50
20
Bore RCP
275
L.F.
$ 250.00
$ 68,750.00
21
24" RCP Headwall
1
EA.
$ 3,500.00
$ 3,500.00
22
48" RCP Headwall
2
EA.
$ 5,500.00
$ 11,000.00
23
10'x6' RCB Headwall
2
EA.
$ 9,000.00
$ 18,000.00
24
5" Class "A" Concrete Rip -Rap
1,500
S.Y.
$ 90.00
$ 135,000.00
25
12" Graded Rock Rip -Rap
832
S.Y.
$ 45.00
$ 37,440.00
26
Channel Excavation
250
C.Y.
$ 15.00
$ 3,750.00
27
Remove Headwall
161
EA.
$ 750.00
$ 12,000.00
28
Remove Storm Pipe
525
L.F.
$ 18.75
$ 9,843.75
29
Cement Stabilized Backfill
75 1
C:Y.
$ 43.50
$ 3,262.50
TOTAL $ 869,663.75
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.
STREET LIGHTS
VINTAGE BOULEVARD
BONNIE BRAE TO US HWY 377
May 1, 2013
Item
Description
Quantity
Unit
Unit Price
Item Cost
1
35' White Concrete Street Light Pole
30
EA.
$ 3,000.00
$ 90,000.00
2
Pull Box
17
EA.
$ 525.00
$ 8,925.00
3
2" PVC Conduit
4,200
L.F.
$ 4.15
$ 17,430.00
4
2" Rigid Metal Conduit
2,150
L.F.
$ 6.75
$ 14,512.50
5
Bore 2" Rigid Metal Conduit
1,100
L.F.
$ 17.25
$ 18,975.00
6
Street Light Pole Foundation
30
EA.
$ 788.00
$ 23,640.00
7
250 Watt Cobrahead Fixture
30
EA.
$ 975.00
$ 29,250.00
8
Electrical Service
2
EA.
$ 825.00
$ 1,650.00
9 1#4
10 1#4
Bare Street Light Conductor
Insulated Street Light Conductor
6,810
13,620
L.F.
L.F.
$ 2.45
$ 2-851$
$ 16,684.50
38,817.00
TOTAL $ 259,884.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
PAVEMENT MARKINGS
VINTAGE BOULEVARD
BONNIE BRAE TO US PHONY 377
May 1, 2013
Item
Description
Quantity
Unit
Unit Price
Item Cost
1
Type IIIA Barrier Line
2,310
L.F.
$ 2.00
$ 4,620.00
2
Type IA Broken Line
15,200
L.F.
$ 1.50
$ 22,800.00
3
Type VA Stop Bar
210
L.F.
$ 6.10
$ 1,281.00
4
Type IA Broken Line C/R RPM
190
EA.
$ 4.00
$ 760.00
5
Type IIIA Barrier. Line C/R RPM
231
EA.
$ 4.00
$ 924.00
6
Small Sign Assembly
17
EA.
$ 450.00
$ 7,650.00
7
Word, White, Per Letter
8
EA.
$ 120.00
$ 960.00
8 JSymbol,
White, Arrow
2
EA.
$ 120.00
$ 240.00
9 JSymbol,
White, RR Crossing
7
EA.
$ 350.00
$ 2,450.00
TOTAL $ 41,685.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
ATTACHMENT E
SCOPE OF SERVICES, DELIVERABLES AND RESPONSIBILITIES OF OWNER
VINTAGE BOULEVARD IMPROVEMENTS
FOR THE CITY OF DENTON
GENERAL: The City of Denton Vintage Blvd. Improvements Project from Bonnie Brae to US 377
(the Project) will include preparation of construction plans and bid documents, opinions of probable
construction costs, identification of right -of -way requirements and necessary ROW acquisitions, Owner
utility relocation, franchise utility relocation coordination, permitting and construction phase services.
ARTICLE I
)BASIC SERVICES: GAI shall render the following professional services in connection with
the development of the Project:
A. Conceptual Design
Attend a kick -off meeting with the Owner to discuss the various aspects of the project
including planning and design criteria, work program and schedule, procedures of
communication, and assignments of personnel.
2. Obtain from the Owner, franchise utility providers, and the Texas Department of
Transportation (TxDOT) all available record drawings, planning reports, traffic
counts, zoning ordinances, and other data that may be pertinent in considering the
development of the preliminary alignments and the final design of the proposed
improvements.
3. Determine from a field reconnaissance of the project area the general layout of the
land for the improvements including location of existing above ground utilities and
drainage structures.
4. Develop a schematic layout with two (2) roadway route alternatives at critical
locations along the alignment. Submit four (4) copies of the schematic layout to the
Owner for review.
5. Attend meeting with Owner to discuss potential utility conflicts and the proposed
relocation plan. GAI will meet with the Owner's Project Manager and Engineering
staff first and utility staff later if necessary.
6. Attend a meeting with the Owner to discuss the alignment alternatives and
recommendations.
Upon Owner approval of alignment and the schematic design GAI will develop a
30% construction plan set with paving plan/profile sheets, intersection layouts, right -
of -way sheets, drainage area maps, culvert layouts, layouts and hydraulic
computation sheets for from Bonnie Brae to US 377 and the following intersections:
a) U.S. Highway 377
b) Bonnie Brae
Prepare plans for on grade railroad crossing for the following railroad crossings; A)
Union Pacific Railroad. The plans shall be in accordance with the City's and the
Railroad's standards and requirements. Submit and coordinate during the review
process.
B. Preliminary Design (60 %) - Upon review of the 30% plans by the Owner, GAI will
prepare preliminary construction plans as follows:
Prepare preliminary paving plan and profile sheets showing curb lines, driveways,
elevations at all points of vertical intersection and point of intersections in the paving
plan; typical sections; cross sections; high and low points, vertical curve information,
and pertinent AASHTO calculations.
2. Prepare a Pavement Design Report documenting the existing soil conditions and
providing pavement design recommendations based on (at a minimum) a 40 -year
design life, 10% truck loading and traffic volumes as agreed upon with the Owner.
Prepare preliminary drainage sheets including drainage area maps, plan and profiles,
and hydraulic computations.
4. Initiate coordination of utility relocations with utility owners, and prepare preliminary
design of relocations of affected City water and sewer lines. GAI shall provide the
design for the relocation of conflicting water and wastewater utilities.
5. Hydraulic Design of the Culverts
a) 60% Design Submittal: Update hydraulic design of culverts as necessary to
reflect roadway design and to address Owner comments.
(i) Update hydraulic models of culverts as necessary to reflect 60%
roadway design.
(ii) Preparation of Scour Analyses for each of the creek crossings.
(iii) Update the following sheets as necessary for 60% submittal:
(1) Drainage Area Maps
(2) Hydraulic Computations
(3) Culvert Layouts
6. Prepare plan/profile and construction details for retaining walls and necessary shoring
design.
7. Prepare Construction Phasing Plan including pavement phasing, transition segments,
and construction detour plans. Develop construction phasing typical cross sections at
key locations.
8. Prepare traffic control plans based on the construction phasing in accordance with
AASHTO and the City of Denton.
9. Prepare a preliminary estimate of probable construction cost and submit with four (4)
sets of plans for review.
10. Meet with the Owner to discuss the preliminary design. GAI assumes that we will
meet with the Owner three (3) times during the preliminary design phase.
11. Submit preliminary plans to utility companies for review and comment. Attend a
preliminary coordination meeting with the franchise utility companies.
12. GAI will attend a coordination meeting with DCTA and TxDOT to coordinate plan
approval and permits for the project.
C. Final Design - Following Owner approval of preliminary plans, GAI shall prepare final
plans with the following additional tasks:
Prepare final construction drawings for paving, MSE retaining walls, drainage, traffic
signal, at grade railroad crossings and City utility improvements.
2. This includes the final hydraulic design of culverts including scour analyses for the
proposed culverts as necessary, and preparation of plans, specifications, and
estimates.
a) Final Design Submittal
(i) Provide final hydraulic models to reflect 90% roadway design.
(ii) Update the following sheets as necessary for 90% submittal:
(1) Drainage Area Maps
(2) Final Hydraulic Computations
(3) Final Culvert Layouts
(4) Detail Sheets (special and standard details)
(5) Notes
(6) Final grading layouts
(7) Quantities for bid proposal
(8) Technical specifications for culvert construction
3. Prepare final technical specifications and bid documents for the project, including bid
proposal forms (project quantities) of the improvements to be constructed. This
Scope of Services assumes that the project will be prepared using standard bid
documents provided by GAI.
4. Provide quality control by independent review of plans and specifications by Senior
Engineer, not on the design team.
Prepare a final opinion of probable construction cost based on recent project unit bid
prices.
6. Furnish four (4) sets of drawings for review by the Owner at the 60% and 90% design
stages, and meet with the Owner to review and discuss the plans. The review
meetings will be conducted to address review comments and to take action on items
to produce the final construction documents. GAI assumes that we will meet with the
Owner three (3) times during each part of the final design phase (60% and 90 %).
D. Bidding and Construction Administration Phase — Assist Owner in securing bids. Issue a
Notice to Bidders to prospective contractors in GAI's database of prospective bidders,
and to selected plan rooms. Provide a copy of the Notice to Bidders for Owner to use in
notifying construction news publications and publishing appropriate legal notice. The
cost for publications shall be paid by the Owner. GAI will prepare two (2) separate bid
packages for the project, with the following to be provided for each bid package.
1. Print thirty (30) sets of 11" x 17" Plans and Bid Documents and distribute to selected
plan rooms, and to prospective bidders that respond to the Notice to Bidders.
2. Assist Owner by responding to questions and interpreting bid documents. Prepare
and issue addenda to the bid documents to plan holders if necessary.
Attend one pre -bid meeting to answer questions related to the bid documents.
4. Assist Owner in the opening. tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder. Recommend award of
contract or other actions as appropriate to be taken by the Owner.
Assist Owner in the preparation of Construction Contract Documents. Provide ten
(10) sets of Construction Contract Documents which include information from the
apparent low bidder's bid documents, legal documents, and addenda bound in the
documents for execution by the Owner and construction contractor. Distribute five
(5) copies of these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction contractor.
Provide Owner with the remaining five (5) copies of these documents for use during
construction. Additional sets of documents can be provided as an additional service.
6. Furnish contractor copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
Attend one (1) pre- construction meeting per bid project to discuss the project
schedule for construction.
GAI design team staff will make (24) visits to the site to observe the progress and the
quality of work and to attempt to determine in general if the work is proceeding in
accordance with the construction contract documents. In this effort GAI will
endeavor to protect the Owner against defects and deficiencies in the work of
Contractor and will report any observed deficiencies to the Owner.
9. Review Contractor shop drawings and other project related submittals. Notify the
Contractor of non - conforming work observed during site visits. Review quality
related documents provided by the Contractor such as test reports, equipment
installation reports or other documentation required by the construction contract
documents.
10. Interpret the drawings and specifications for the Owner and Contractor.
Investigations, analyses, and studies requested by the Contractor and approved by the
Owner, for substitutions of equipment and /or materials or deviations from the
drawings and specifications are an additional service.
11. Prepare documentation for contract modifications required to implement
modifications in the design of the project. Receive and evaluate notices of Contractor
claims and make recommendations to the Owner on the merit and value of the claim
on the basis of information submitted by the Contractor or available in project
documentation.
12. Revise the construction drawings in accordance with the information furnished by
Contractor reflecting changes in the project made during construction. One (1) set of
mylar reproducible prints of "Record Drawings" and electronic files shall be provided
by GAI to the Owner for each set of construction drawings.
ARTICLE II
ADDITIONAL SERVICES (DESIGN PHASE):
A. Design Surveying
1. Establish horizontal and vertical control for the project from existing TxDOT control
monuments. Establish adequate control points and benchmarks for construction of
the project. Cross -tie all survey control to City of Denton benchmarks.
2. Provide a topographic survey of the project. The topographic survey shall extend the
entire length of Vintage Boulevard from Bonnie Brae Blvd. to US 377. The survey
corridor shall be 200' wide, extending 100' on each side of the proposed roadway
centerline, and shall extend a minimum of 200' along all intersecting streets. The
survey shall consist of roadway cross sections taken at 50' intervals, locating all
existing features such as water valves (including top of nut elevation), curb & gutter,
asphalt, driveways, culverts, headwalls, mailboxes, geotechnical boring locations,
sanitary and storm sewer manholes (including invert elevations with flowlines, sizes
and material types), trees with 6" or greater diameter at 4' height, tops and toes of
slopes, visible utilities, utilities marked by others, power poles, telephone risers, and
all other visible features.
3. Provide additional topographic surveying at two creek crossings for hydraulic
modeling. The limits of the survey will extend 500' upstream and downstream from
the existing crossings. Trees will not be surveyed in these areas.
B. USACE 404 Permitting
Perform Section 404 Jurisdictional Determination based on USACE guidelines.
2. Prepare Non - Jurisdictional Determination Letter.
C. Traffic Signals
1. Prepare permanent traffic signal plans for US 377 intersection (1 signal). The
construction plans shall include:
a)
Signal Layouts
b)
Phase Diagrams
c)
Wiring Diagrams
d)
Quantities and Charts
e)
Standard Details
f)
Specifications
D. Additional Service Construction Administration
The Scope of Services for Full Time Resident Representation services includes (1) one
full time inspector (based on 40 hours per week) for construction duration up to 15
months.
A. GAI shall have a Resident Project Representative on the Site. The duties,
responsibilities and the limitations of authority of the Resident Project Representative,
and designated assistants, are as follows:
1. Resident Project Representative is GAI's agent at the site, will act as directed
by and under the supervision of GAI, and will confer with GAI regarding
Resident Project Representative's actions. Resident Project Representative's
dealings in matters pertaining to the on -site Work shall in general be with GAI
and contractor, keeping Owner advised as necessary. Resident Project
Representative's dealings with subcontractors shall only be through or with
full knowledge and approval of contractor. Resident Project Representative
shall generally communicate with Owner with the knowledge of and under the
direction of GAI.
B. Duties and Responsibilities of Resident Project Representative:
Schedules: Review the progress schedule, schedule of shop drawing
submittals and schedules of values prepared by contractor and consult with
GAI concerning acceptability.
2. Conferences and Meetings: Attend meetings with contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project - related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as GAI's liaison with contractor, working principally through
contractor's superintendent and assist in understanding the intent of
Contract Documents; and assist GAI in serving as Owner's liaison with
contractor when contractor's operations affect Owner's on -site
operations.
b. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of shop drawings and samples.
b. Receive samples which are furnished at the site by contractor, and notify
GAI of availability of samples for examination.
c. Advise GAI and contractor of the commencement of any Work requiring
a shop drawing or sample if the submittal has not been approved by GAI.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to determine if the
Work is in general proceeding in accordance with the Contract
Documents.
b. Report to GAI whenever Resident Project Representative believes that
any Work will not produce a completed Project that conforms generally
to the Contract Documents or will prejudice the integrity of the design
concept of the completed Project as a functioning whole as indicated in
the Contract Documents, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be made; and
advise GAI of Work the Resident Project Representative believes should
be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections and report to GAI.
6. Interpretation of Contract Documents: Report to GAI when clarifications and
interpretations of the Contract Documents are needed and transmit to
contractor clarifications and interpretations as issued by GAI.
7. Request for Revisions: Consider and evaluate contractor's suggestions for
revisions to Drawings or Specifications and report with Resident Project
Representative's recommendations to GAI. Transmit to contractor in writing
decisions as issued by GAI.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and Samples, reproductions of original
Contract Documents, including all Work Change Directives, Addenda,
Change Orders, Field Orders, Written Amendments, additional Drawings
issued subsequent to the execution of the Contract, GAI's clarifications
and interpretations of the Contract Documents, progress reports,
submittals and correspondence received from and delivered to contractor
and other Project related documents.
9. Reports:
a. Furnish to GAI periodic reports as required of progress of the work and
of contractor's compliance with the progress schedule and schedule of
Shop Drawings and Sample submittals.
b. Consult with GAI in advance of scheduled major tests, inspections or
start of important phases of the Work.
Draft proposed Written Amendments, Change Orders and Work Change
Directives, obtaining backup material from contractor and recommend to
GAI Written Amendments, Change Orders, Work Change Directives, and
Field Orders.
d. Report immediately to GAI and Owner the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with contractor for
compliance with the established procedure for their submission and forward
with recommendations to Owner, noting particularly the relationship of the
payment requested to the schedule of values, Work completed and materials
and equipment at the Site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other
data required to be assembled and furnished by contractor are applicable to the
items actually installed and in accordance with the Contract Documents, and
have this material delivered to GAI for review and forwarding to Owner prior
to final payment for the Work.
12. Completion:
a. Before GAI issues a Certificate of Substantial Completion, submit to
contractor a list of observed items requiring completion or correction.
b. Observe whether contractor has performed inspections required by laws
or regulations, ordinances, codes or order applicable to the Work,
including but not limited to those to be performed by public agencies
having jurisdiction over the Work.
c. Conduct a final inspection in the company of GAI, Owner and contractor
and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected
and make recommendations to GAI concerning acceptance.
13. Limitations 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 exhibits and
prepare presentations for each meeting. This scope assumes that the
Owner will pay for advertising and mailings associated with each public
meeting.
E. Environmental Services (Blanton & Associates & GAI)
The following environmental services shall be performed in support of the Bonnie Brae
Street Improvements Project:
1. Compile existing data and perform an initial desktop analysis of environmental
conditions of the project area. Prepare maps and other data necessary for site visit.
2. Conduct site visit. Verify and characterize the City's mapped Environmentally
Sensitive Areas (ESAs) in the area affected by the proposed project. Perform a
preliminary jurisdictional determination to identify and delineate boundaries of
waters of the U.S., including wetlands. Make note of areas of potential
environmental contamination within the project area that may warrant further
investigation. Evaluate the project area for federally listed threatened or endangered
species habitat.
2. Prepare a draft of the North Central Texas Council of Government's ( NCTCOG)
Environmental Review Checklist for the Owner's review and comment. Incorporate
comments and submit the revised checklist to the NCTCOG through the Owner for
review and comment.
3. Coordinate with cultural resources sub - consultant. Review and provide comments on
draft cultural resources report.
4. Coordination with NCTCOG. This task would include answering questions and
providing additional information through the Owner if requested by the reviewing
agencies. This task assumes a maximum of three requests for clarification and
information. Contested application proceedings and requests for multiple site visits
are not included in this task.
5. If the preliminary jurisdictional determination results indicate that the impact to the
waters of the U.S. exceeds 0.1 acre but is less than 0.5 acre, or if a jurisdictional
wetland is identified within the affected area, then GAI will prepare a draft
preconstruction notification (PCN) for coverage of road crossings. Submit the draft
PCN to the Owner for review and comment. Incorporate comments and submit the
revised PCN to the U.S. Army Corps of Engineers (USACE) for verification. This
task assumes that any required compensatory mitigation for impacts to waters of the
U.S. would be satisfied by the Owner's purchase of mitigation bank credits.
Preparation of a detailed mitigation plan is not included in this task.
6. Historical Land Use Review — Perform an investigation into prior ownership and past
land uses on the subject property. GAI will attempt to identify obvious uses of the
subject property from the present back to the property's first developed use, or back
to 1940, whichever is earlier. To accomplish this task, GAI will review the following
records (if available):
(i) Interviews with City representatives and property owners /tenants.
(ii) Historical aerial photography.
(iii) City directory abstracts.
(iv) Sanborn fire insurance maps.
(v) Recorded environmental easements or liens on the subject property.
8. Regulatory Agency Records Review — GAI will review information found in federal
and state regulatory records for the subject property, including records related to
environmental- related permits, notices -of- violation, and incidents involving use,
disposal, or accidental release of hazardous substances, petroleum products, or other
waste materials. Local records, if available, related to the subject property will also
be reviewed for indications of environmental concern.
9. Site Reconnaissance Visit — GAI will perform a site reconnaissance visit to the
subject property. Existing environmental conditions will be documented on the site.
GAI will look for potential indicators of environmental concerns such as stained soils
or other surfaces, stressed vegetation, exposed piping, and evidence of improper use
or disposal of regulated substances. GAI will document the condition of each
property using photographs. Copies of photographs will be included in the report.
10. Report Preparation — Following the completion of Tasks a) through b), a report will
be prepared for the subject property documenting our findings. The report will
contain a narrative of our findings, recommendations for additional environmental
investigations, as needed, and copies of all data obtained relevant to each subject
property. The report will contain appropriate maps, figures, and photographs.
11. Conduct an archaeological evaluation and submit a Request for State Historic
Preservation Officer (SHPO) Consultation Form to the Texas Historical Commission
(THC). In addition to the information available through online databases, a review of
projects conducted by AR Consultants (ARC) and other contract archaeological firms
in or near the project area as well as information that may not be available from Texas
Archeological Studies Association (TASA) but will be available fiom the University
of North Texas will be synthesized in the evaluation. Additionally, an employee of
ARC will visit the project area to take photographs and conduct a windshield survey
of the study area. A letter report is to be provided to the Owner that presents the
findings of the research and recommendations regarding the archaeological potential
for the project and how to proceed. Once the Owner comments on the letter report,
ARC will submit a letter report to the THC for their 30 -day review period. The
evaluation will include a database search of the following resources: Texas
Archaeological Site Atlas, historic maps, USGS maps, aerial photographs, geological
maps, county soil surveys, Denton County Appraisal District.
12. If a survey is required, secure an archaeological survey permit from the Texas
Historical Commission (THC). This will require obtaining the signature of an official
with the City of Denton.
13. Conduct a comprehensive cultural resources pedestrian survey of the proposed
roadway. Besides the systematic survey of the proposed route, it is assumed that 75 or
more shovel tests will be excavated in order to meet the guidelines for pedestrian
surveys published by the Texas Historical Commission. Each shovel test will be 30
cm in diameter and will be excavated in 10 cm levels. Soil from the shovel tests will
be passed through 1/4" mesh shaker screens. If the clay content of the sample is too
high, the soils will be manually broken and inspected.
Due to the depth that the roadway will be excavated and the shallow depth of the A-
horizon above the pre - Holocene sediments that are described by the Soil
Conservation Service, it is not expected that mechanical trenching will be necessary.
14. Site boundaries, i.e. the limits of any archaeological sites or structures that are
recognized during survey and testing will be defined on the horizontal plane and
deposit depth will also be defined as necessary.
15. Perform detailed artifact analysis if artifacts are recovered and then prepare a draft
technical report.
16. Records and artifacts will be prepared for curation at the Texas Archeological
Research Laboratory (TARL) at The University of Texas. The cost of records
curation is included in the proposed cost, but if artifacts are recovered, their
preparation for curation and the cost of perpetual curation will be negotiated with
TARL and will be an additional services item.
17. The draft written report will be submitted to the Owner. After comments have been
addressed, it will be submitted to the THC and Corps of Engineers (COE) for review
and comment. The report will meet the standards for cultural resource reports
prepared by the Council of Texas Archeologists (n.d.) and adopted by the THC. The
THC will serve at the official reviewer for the COE, but a copy of the draft report and
cover letter will be submitted to the COE for their review.
18. Revisions of the draft report will be prepared after it has been reviewed and review
comments have been addressed. Once a final draft has been prepared, it will be
resubmitted to the Owner for review and then again to the THC and COE.
19. Curation of records and artifacts will be completed in order to satisfy the permit
requirements.
20. The final technical report will be printed and the necessary copies submitted to the
Owner, the COE, and the THC. One copy of the final report and an archival quality
CD will be submitted to the THC as required by the permit and five copies of the
final technical report and an archival quality CD with the report will delivered to the
Owner.
ARTICLE III
EXTRA SERVICES: Extra Services to be performed by GAI, if specifically authorized in
writing by Owner, which are not included in the above - described Basic and Additional Services,
are described as follows:
A. Phase II Environmental Site Assessment services in accordance with ASTM standards to
identify and investigate the nature and extent of potential environmental contamination.
B. Tree survey to comply with City of Denton tree protection ordinance.
C. Field layouts or the furnishing of construction line and grade surveys.
D. Legal services for eminent domain hearings.
E. Historical structure survey for any structure that is within the proposal right -of -way that
is 50+ years old will be considered an additional service.
F. If buried features or structures are located, it may be necessary to conduct formal
National Register of Historic Places testing to satisfy the THC. The costs of in -depth
NRHP testing or mitigation excavation will be considered an additional service.
G. Documenting and Recording Historic Structures.
H. GIS mapping services or assistance with these services.
I. Providing, additional 3D renderings or revisions to existing 3D renderings of the project
design.
J. Making revisions to drawings, specifications or other documents when such revisions are
1) not consistent with approvals or instructions previously given by Owner or 2) due to
other causes not solely within the control of GAI.
K. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
L. Preparing data and reports for assistance to Owner in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings or hearings are caused by
actions or negligence of GAI or one of its subconsultants.
M. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and /or administrative proceedings in the defense or
prosecution of claims disputes with contractor(s) unless such litigation, mediation,
arbitration, dispute review boards, or other legal and /or administrative proceedings in the
defense or prosecution of claims disputes with contractor(s) are caused by actions or
negligence of GAI or one of its subconsultants.
N. Assisting Owner in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT unless such litigation,
mediation, arbitration, dispute review boards, or other legal and /or administrative
proceedings in the defense or prosecution of claims disputes with contractor(s) are caused
by actions or negligence of GAI or one of its subconsultants. Such services, if any, shall
be furnished by GAI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
O. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective construction work.
P. Design, contract modifications, studies or analyses required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
Q. Services required to resolve bid protests or to rebid the project for any reason, unless such
rebid is directly caused by actions or negligence of the engineering professional.
R. Visits to the site in excess of the number of trips included in Article I for periodic site
visits, coordination meetings, or contract completion activities.
S. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
T. Providing services after the completion of the construction phase not specifically listed in
Article I.
U. Providing basic or additional services on an accelerated time schedule. The scope of this
service includes the cost for overtime wages of employees and consultants, inefficiencies
in work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the Owner.
V. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
W. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of GAI.
X. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Y. Provide follow -up professional services during contractor's warranty period.
ARTICLE IV
TIME OF COMPLETION: GAI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
schedule shown as Exhibit 3 of this document.
If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not
limited to delays in Owner or regulatory reviews, delays on the flow of information to be
provided to GAI, governmental approvals, etc. If the project is placed on hold by the Owner for
more than six months, GAI reserves the right to negotiate additional compensation for additional
services related to the delay.
ARTICLE V
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so
as not to delay the services of GAI:
A. Designate in writing a person to act as Owner's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define Owner's policies and
decisions with respect to GAI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project,
including project objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which Owner will require to be included
in the plan.
C. Assist GAI by placing at GAI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to
completion of the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by GAI, obtain advice of other consultants as Owner deems
appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of GAI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
F. Attend and take leadership role in project progress meetings and other project related
meetings and attend and moderate the public meetings.
G. Give notice to GAI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of GAI's services, or any defect or
nonconformance of the work of any contractor.
H. Contact other departments within the City of Denton and coordinate with them to obtain
record drawings of other utilities, buildings, or infrastructure as needed.
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Exhibit 4
Graham Associates, Inc.:
Principal
$150.00
Senior Engineer
$125.00
Registered Public Land Surveyor
$125.00
Senior Hydrologist
$125.00
Registered Engineer
$100.00
Graduate Engineer
$90.00
Graduate Hydrologist
$95.00
Technician IV
$90.00
Technician III
$75.00
Technician II
$ 60.00
Technician I
$40.00
GPS Survey Crew
$130.00
3 Man Survey Crew
$140.00
2 Man Survey Crew
$120.00
Clerical
$35.00
CADD Station
$25.00
Schrickel, Rollins & Associates, Inc.:
Project Manager
$150.00
Senior Engineer
$120.00
Engineers
$90.00
Senior Landscape Architect
$95.00
Landscape Architect II
$80.00
Landscape Architect I
$66.00
Lie. Irrigator
$70.00
CAD Technician
$70.00
Clerical
$60.00
Landtec Engineers, LLC
PERSONNEL
Project Geotechnical Engineer
$ 125.00
Senior Geotechnical Engineer
$ 135.00
Senior Project Manager
$ 150.00
Principal Engineer
$ 165.00
Senior Engineering Consultant
$ 195.00
Registered Professional Land Surveyor
$ 135.00
Expert Witness (Deposition and Trial)
$ Reg. Rt. x 1.5
Engineering Technician I
$ 40.00
Engineering Technician II
$ 50.00
Engineering Technician III
$ 60.00
Senior Engineering Technician
$ 65.00
Engineering Assistant /Specialist
$ 75.00
Word Processing /Clerical
$ 50.00
Drafting/CADD
$ 70.00
Field Survey
$ 115.00
Field Survey over 8 hrs /day
$ 125.00
GPS Equipment
$ 10.00
GPS Communications
$ 50.00
Robotic Equipment Charge
$ 10.00
Transportation (portal to portal)
$ 0.65 /mile
Transportation w /trailer (portal to portal)
$ 0.75 /mile
Minimum Transportation Charge
$ 50.00 /trip
Support Vehicle
$ 50.00 /day
Per Diem
$ 150.00 /day
Sample/Document Shipment.$
50.00 each
Plots /Copies
$ 50.00 /first plot;
$ 5.00 after first plot
Copies
$ 0.10 /page
DRILLING AND SAMPLING
$ 100.00 /hole
Drilling and Intermittent Sampling in Soil
$ 16.00 /foot
Drilling and Continuous Sampling in Soil
$ 24.00 /foot
Drilling in Rock (Auger - no sampling)
$ 15.00 /foot
Core Drilling in Shale /Sandstone/Moderately
Hard Limestone
$ 25.00 /foot
Core Drilling in Very Hard Rock
$ 30.00 /foot
Field Penetration Tests, split spoon
SOIL
or TxDOT cone
$ 35.00 /each
DRILLING AND SAMPLING CONT'D
Drilling Through Concrete
$ 100.00 /hole
Mobilization of Rig (Local)
$ 300.00 /each
Minimum Drilling fee
$ 1250.00 /each
Plug Bore Hole with Bentonite
$ 7.50 /foot
Hollow Stem Auger Drilling (3.25 I.D.)
w /continuous bbl sampler
$ 27.00 /foot
Drill Rig Standby Time
$ 185.00/hour
SOIL
Atterberg Limits (liquid and plastic limits),
ASTM D4318
$ 60.00 /test
Percent Passing No. 200 Sieve,
ASTM D 1140
$ 50.00 /test
Standard Proctor,
ASTM D 698
$ '140.00 /test
Modified Proctor,
ASTM D 1557
$ 175.00 /test
TEX -113E
$ 225.00 /test
Processing Materials greater than No. 4
$ 65.00 /test
Sieve Analysis, ASTM D422
$ 70.00 /test
Lime /Atterberg Limits Series, 4 points
$ 250.00 /test
Soluble Sulfate, TxDOT 145E
$ 100.00 /test
Moisture Content, ASTM D433
$ 15.00 /test
Moisture Content and Unit Dry Weight
$ 25.00 /test
Hydraulic Conductivity,
$ 250.00 /point
ASTM 5084
$ 310.00 /test
Hydraulic Conductivity, COE
$ 310.00 /test
Hydrometer Analysis.
$ 115.00 /test
Specific Gravity
$ 60.00 /test
Unconfined Compressive Strength
$ 45.00 /test
Unconfined Compressive Strength (core)
$ 60.00 /test
Absorption - Pressure Swell
$ 100.00 /test
Free Swell
$ 75.00 /test
Bar Linear Shrinkage
$ 20.00 /test
California Bearing Ratio
(ASTM 1883)
$ 225.00 /point
Consolidation
$ 450.00 /test
Triaxial Shear -1.4 -inch, 2.0 -inch diameter specimens
(larger diameter specimens quoted upon request)
a. Unconsolidated Undrained:
- multiple specimen,
3 specimens minimum $ 85.00 /spec
- single specimen,
3 points minimum $ 85.00 /point
b. Consolidated Undrained
- with pore pressure measurements:
- multiple specimen,
3 specimens $ 425.00 /spec
- single specimen,
3 points minimum $ 425.00 /point
c. Consolidated Drained:
- multiple specimen,
3 specimens minimum
$ 450.00 /spec
- single specimen,
3 points minimum
$ 450.00 /point
Direct Shear - 2.5 -inch diameter specimen
- Q -Test,
3 points minimum
$ 175.00 /point
- S -Test,
3 points minimum
$ 250.00 /point
Remolding samples
$ 60.00 /each
Geotechnical & Environmental Engineering
Construction Materials Testing
Laboratory Testing
August 23, 2011
Proposal No. 3079
Mr. Mark Burckhard, P.E.
Vice President
Graham Associates, Inc.
600 Six Flags Drive, Suite 500
Arlington, TX 76011
Re: Proposal for Construction Materials Testing Services
Vintage Boulevard, Denton, Texas
Dear Mark:
In accordance with your request we are pleased to submit the following proposal to
provide construction materials testing services for the section of Vintage Boulevard from
approximately 400 feet east of the east IH -35W frontage road to U.S. Highway 377,
approximately 8500 linear feet in Denton, Texas.
The project may be divided into to construction phases, Vintage West (west of Bonnie
Brae to 1 -35W) and Vintage East (from Bonnie Brae east to Hwy 377). Our cost
estimate is broken out into two costs, one for Vintage West and another for Vintage
East.
Based on our understand of the roadway project and our meeting on August 22, 2011,
the existing two lane road with be improved to add additional lanes in both directions,
resulting in a four lane divided arterial. The existing and proposed pavement includes
reinforced Portland cement concrete paving on a stabilized subgrade. The project does
not have any planned bridges, only minor (less than 5 feet high) retaining walls, and
only minor culvert crossings with no major streams.
1.0 GENERAL
Based on the information currently available and our understanding of the project, we
propose to provide observation / testing on the following items.
• General grading along the roadway including utility backfill
• Stabilized subgrade for the concrete paving
• Reinforcing Steel
• Concrete Paving
LANDTEC ENGINEERS, LLC 1700 Robert Road, Suite 101 Mansfield, Texas 76063 817.572.2818 Fax 817.453.9984
3079 Vintage Blvd- Denton CMT- August 2011.doc
2.0 BASIC SCOPE OF WORK
The following paragraphs and attachments detail our basic scope of services and
estimated cost for the construction materials observation and testing, coordination of
field technicians and related engineering review of testing for the project. As a general
overview, our scope of work includes the following:
• Provide experienced engineering technicians to perform on site and laboratory
testing services including sampling materials, observation and testing earthwork,
reinforcing steel, stabilized subgrade and concrete during construction.
• Provide an experienced geotechnical /materials engineer (Registered
Professional Engineer in Texas) to provide oversight and coordination of the
engineering technician's daily work, review test data and review test report
submittals.
• Perform moisture /density relationships (standard Proctor), Atterberg Limits (liquid
and plastic limits) for general earthwork and backfill.
• Perform compaction tests using a nuclear density device (Troxler gauge).
Determine the density and moisture content, percent compaction on general
earthwork.
• Perform observation and testing of the paving subgrade stabilization including
compaction tests, Proctors, field gradations and depth checks.
• Observe reinforcing steel based on project plans and contractor supplied shop
drawings.
• Perform observation and testing of concrete paving, including slump,
temperature, air content and casting the appropriate number of cylinders for
compressive strength testing.
• Perform observation and testing of cast -in -place concrete for the drainage
structures and retaining walls, including slump, temperature, air content and
casting the appropriate number of cylinders for compressive strength testing.
Based on our current understanding of the proposed construction project, LANDTEC
proposes the following Basic Services to provide construction materials testing on the
referenced project.
A. General Earthwork / Utilities
Standard Proctor and classification tests will be performed for the on -site soils proposed
for fill. In -place moisture - density (compaction) tests will be taken in each 6 to 8 inch lift
of compacted fill material using a Troxler nuclear density gauge. Tests will be taken at a
frequency of one test per 5,000 to 10,000 square feet with a minimum of two tests per
lift.
3079 Vintage Blvd- Denton CMT- August 2011.doc IANDTEC ENG[NEERS
2
B. Pavement Su.ubgrade
Observation and testing of the pavement subgrade will include use of a Troxler nuclear
density gauge to determine the moisture and density of the stabilized subgrade and
verify it is compacted as per the specifications.
Field moisture - density (compaction) tests will be performed at the rate of one test per
approximately each 5,000 to 10,000 square feet, with a minimum of two tests per
section. Gradation tests will also be performed on the prepared subgrade (once the
chemical additive is applied) at the rate of approximately one per three compaction
tests.
C. Portland Cement Concrete Paving
An engineering technician will sample /test the concrete paving and flatwork. Samples
of plastic concrete will be obtained for slump measurements, air and temperature, and
casting of compressive strength specimens. Concrete will be sampled each 100 cy or
fraction thereof for slump and a set of cylinders (4 each) will be cast and tested per
each 100 cy or fraction thereof. The cylinders will be tested with one cylinder at 7 -days,
two at 28 days, and one held in reserve. Batch plant inspection is not included in our
scope and cost.
D. Reinforcing Steel
Observation of reinforcing steel for the paving and other cast -in -place concrete based
on contractor supplied shop drawings will be performed on rebar for reinforced cast -in-
place concrete elements.
3.0 ADDITIONAL SERVICES
The following services are not included in the Basic Services and will be considered as
Additional Services, if and when required or requested:
• Additional hours or trips for the engineering technician beyond the specific
hours /trips detailed on the attached spreadsheets.
• Additional engineering, site visits, report review and preparation time beyond
what is outlined in basic services and detailed on the attached spreadsheets.
• Additional testing beyond that outlined in Basic Services on the attached
spreadsheets.
• The services of specialty sub consultants or other special outside services other
than those described in Basic Services.
• Any other services not specifically included in Basic Services and on the
attached spreadsheets.
3079 Vintage Blvd- Denton CMT- August 2011.doc LANDTEC ENGINEERS
4.0 GENERAL INFORMATION
We propose to provide construction materials testing and observation services for this
project on a call -out basis. The contractor's superintendent will be responsible for
providing notification for field testing. A minimum notice of 24 hours is requested so that
we may effectively schedule our personnel.
Tests will be conducted in all areas designated by the superintendent to be ready for
testing at the time the technician is on site. Field test results will be given verbally to the
superintendent before the technician leaves the site. Test reports will be submitted after
the results are reviewed by a geotechnical /materials engineer. It will be the contractor's
responsibility to track areas and /or items requiring retesting and to schedule retests.
The presence of our field representative will be for the purpose of providing observation
and field testing. Our work does not include supervision or direction of the actual work
of the contractor, employees or agents of the contractor. Neither the presence of our
field representative nor the observation and testing by our firm shall excuse the
contractor in any way for defects discovered in his work.
It is understood that our firm will not be responsible for the job or site safety on this
project. Job and site safety will be the sole responsibility of the contractor.
5.0 COST ESTIMATE
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 Vintage West Section: $ 29,500
Cost Estimate for Vintage East Section: $ 29,895
The actual cost will be dependent on the contractor's rate of work and scheduling of the
various individual work elements. The total testing cost is determined by such items as
the quantity of equipment and manpower on site, cubic yards of concrete placed per
day, earthwork equipment, daily production and scheduling, weather conditions and
numerous other items that are beyond LANDTEC's control.
LANDTEC proposes to perform the Basic Services outlined herein on the basis of Time
and Materials. The attached Cost Estimate sheets estimate the number of hours, tests,
transportation, report preparation and review time. The spreadsheets also present the
unit rates for the various activities. Cost for the items may vary; however, the total
estimated amount will not be exceeded without notification of the client and with client's
approval. Client and LANDTEC may subsequently agree in writing for additional
services to be rendered under this agreement for additional negotiated compensation.
3079 Vintage Blvd- Denton CMT- August 2011.doc LANDTEC ENGINEERS
4
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.
We appreciate the opportunity to submit this letter proposal and look forward to
providing construction materials engineering and testing services for this project. If you
have any questions please call.
Sincerely,
LANDTEC ENGINEERS, LLC
,,-11*nWAW
Thomas D. Baker, P.E.
Sr. Geotechnical Engineer/ Principal
Attachments: Cost Estimate Spreadsheets A -1 and A -2
3079 Vintage Blvd- Denton CMT- August 2011.doc LANDTEC ENGINEERS
5
Construction Materials Testing Cost Estimate
Vintage Blvd., Denton, Texas
Item I Descri tion Unit Estimated Unit Estimated
q
Earthwork / Backfill - Testing
Engineering Technician
hr
40
50.00
2,000.00
Engineering Technician OT
hr
10
75.00
750.00
Transportation
mi
1,000
0.65
650.00
Vehicle
ea
6
50.00
300.00
Standard Proctor ASTM D 698
ea
4
140.00
560.00
Atterberg Limit Test ASTM D 4318
ea
4
60.00
240.00
Percent Passing #200 Sieve - D 1140
ea
4
50.00
200.00
Sieve Analysis
ea
2
70.00
140.00
In -Place Density Test - ASTM D 2922 & 3017
ea
40
15.00
600.00
Report Preparation/Clerical
hr
8
50.00
400.00
Geotechnical Engineer Report Review
hr
6
125.00
750.00
Transportation
mi
600
1 0.65
390.00
Subtotal
,=
Pavement Subgrade - Testing
Engineering Technician
hr
160
50.00
8,000.00
Engineering Technician OT
hr
60
75.00
4,500.00
Transportation
ea
4,000
0.65
2,600.00
Vehicle
ea
20
50.00
1,000.00
Standard Proctor ASTM D 698
ea
4
140.00
560.00
Atterberg Limit
ea
4
60.00
240.00
Percent Passing #200 Sieve
ea
1 4
50.00
200.00
Sieve Analysis
ea
4
70.00
280.00
Soil / Stabilization / Atterberg Limits Series
ea
4
250.00
1,000.00
Field Moisture /Density Tests
ea
80
15.00
1,200.00
Gradation Tests
ea
20
20.00
400.00
Report Preparation /Clerical
hr
20
50.00
1,000.00
Geotechnical Engineer/ Report Review
hr.
10 1
125.00
1,250.00
Transportation
mi
1,000 1
0.65
650.00
Subtotal = 22,880.00
Concrete Pavin - Testin
Engineering Technician
hr
160
50.00
8,000.00
Engineering Technician OT
hr
60
75.00
4,500.00
Transportation
ea
4,000
0.65
2,600.00
Vehicle
ea
20
50.00
,80 0
Concrete Cylinders
ea
60
.
200
Report Preparation/Clerical
hr
30
50.00
1,500.00
Project Engineer/ Report Review
hr
10
125.00
11250.00
Transportation
mi
1,000
0.65
650.00
Subtotal = 22,380.00
LANDTEC ENGINEERS
3079 Vintage Blvd- Denton -CMT cost - August 201I.As A -1 8123/2011
Construction Materials Testing Cost Estimate
Vintage Blvd., Denton, Texas
�cbLpl 1 UU1I Unit Estimated Unit Estimated
Reinforcing Steel
Engineering Technician
hr
40
50.00
2,000.00
Engineering Technician OT
hr
10
75.00
750.00
Transportation
ea
500
0.65
325.00
Vehicle
Report Preparation/Clerical
ea
hr
8
50.00
400.00
Project Engineer/ Report Review
hr
8
6
50.00
125.00
400.00
Transportation
mi
400
0165
750.00
260.00
Subtotal =
Y—MM. '- . 4,885.00
Pre- Construction / Construction Meetings
Project En sneer P.E.
hr
10
125.00
1,250.00
Transportation
mi
400
0.65
260.00
Report Preparation /Clerical
hr
4
50.00
200.00
Engineering Technician
hr
4
50.00
200.00
Transportation
ea
400
0.65
260.00
Vehicle
ea
2
50.00
100.00
y�gSubtotal 2,270.00'1
Total Estimate = $ 59,395.00
l-ANDTEC ENGINEERS
3079 Vintage Blvd- Denton -CMT cost - August 2011.xis A -2 8/23/2011
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Blanton a Associates, ins.
ENVIRONMENTAL CONSULTING • PLANNING • PROJECT MANAGEMENT
January 14, 2011
Marls Burckhard, P.E.
Graham Associates, Inc.
600 Six Flags Drive, Suite 500
Arlington, Texas 76011
Re: Proposed Scope of Services for Improvements to Vintage Boulevard. from Bonnie Brae Road to
US 377, City of Denton, Texas
Dear Mr. Burckhard:
As requested, we have prepared the following scope of services to be provided by Blanton & Associates,
Inc. ("B &A") for the proposed improvements to Vintage Boulevard from Bonnie Brae Road to US 377 in
the city of Denton, Texas.
The proposed improvements include the widening of a 0.85 mile segment of Vintage Boulevard between
Bonnie Brae Road and US 377 from a two -lane facility to a six lane divided facility with curb and gutter.
Under this proposal, B &A will prepare an environmental report in accordance with the North Central
Texas Council of Governments' (NCTCOG) requirements for local environmental review. The report will
include NCTCOG's Environmental Review Checklist for .Local Projects and supporting documentation
for each section of the checklist as required. The NCTCOG's Draft Environmental Review Process for
Local Projects is included as Attachment A.
Environmental Report Documentation
The environmental report will include NCTCOG's Environmental Review Checklist for Local Projects
and supporting documentation for each section of the checklist. B &A will work closely with the Engineer
and City of Denton to complete the local environmental review process outlined in Attachment A. Draft
and final environmental reports will be submitted to the Engineer for processing.
The following scope of services is based on associated field investigations and preparation of the
environmental report.
Project Information
This section will describe the proposed project; project costs for engineering, existing and proposed right -
of -way (ROW), utility relocation, and construction; need and purpose for the project; and alternatives
considered during project development.
5 LAKEWAY CENTRE COURT, S U I T E 200 - /AUSTIN, TEXAS 7 8 7 34
PHONE 512.264.1095 • FAX 51 2.264.1531
Proposed Scope of Services for Improvements to Vintage Road from Bonnie Brae to US 377
City of Denton
January 14, 2011
Page 2
Local Support and Coordination
This section will list local planning documents that include this project, identify project consistency with
other transportation, infrastructure, or community projects or plans, address compliance with the
Americans with Disabilities Act, document any agreement executed with authorities /agencies, list local
governmental approvals or permits obtained or required, and summarize public involvement and outreach
to environmental justice and LEP populations.
Right -of -Way Information
This section will describe additional ROW needs, number of parcels affected by ROW acquisition,
existing area land use, method for estimating ROW acquisition costs, potential relocations or
displacements of structures, utility relocations or adjustments and potential conflicts, required utility
permits, and potential project impacts on existing billboards. Based on typical sections provided the
Engineer, it is anticipated that the project will be constructed within existing ROW.
Cultural Resources
Any anticipated impacts to dedicated publicly owned parkland, wildlife refuges, or recreation areas will
be described. This section will also describe potential project impacts on archeological resources and
historic resources based on literature review and field investigations. This section will document
coordination with the THC and the local historic preservation commission (if applicable).
Threatened and Endangered Species
This section will document literature review, including the Texas Parks and Wildlife Department's
(TPWD) Natural Diversity Database search results, and results of the habitat assessment to identify and
address threatened /endangered species issues. The assessment will focus on federal and state listed
species of potential occurrence. Ecologically sensitive resources, if identified, will be mapped and
described in order to assess the potential effects of project construction and operation. These tasks will
include the appropriate literature and aerial photography review and field verification.
Migratory Bird Treaty Act
This section will document migratory bird observations and /or nests in the field and address project
compliance with the Migratory Bird Treaty Act.
Farmland
This section will identify potential impacts to prime farmland soils and include form CPA -106, if
applicable. Coordination with the Natural Resources Conservation Service may be required.
Proposed Scope of Services fog° Improvennents to Vintage Road fi•bin Bonnie Brae to US 377
City of Denton
January 14, 2011
Page 3
Wetlands/Waters of the U.S.
B &A will conduct and document evaluations of wetlands and other waters of the U.S. in all areas
potentially affected by the proposed project, and a "jurisdictional waters finding" will be provided if
necessary. The Engineer will notify the City of Denton if a Section 404 permit may be required and will
provide technical data to the City of Denton for application to the U.S. Army Corps of Engineers.
Water Ouality
This section will describe potential project impacts to water quality and identify expected permitting
requirements.
Floodplains
This section will describe potential project impacts to floodplains and expected permitting requirements
and coordination with agencies.
Vegetation
This section will identify and describe existing vegetation in the project area and potential project
impacts. Mitigation for project impacts will address local requirements.
Air Qualfty
This section will discuss potential project impacts on air quality and measures taken to minimize
construction emissions (MSAT and dust). Air quality sensitive receivers adjacent to the proposed project
limits will be identified and described.
Regulated Materials
A standard American Society for Testing and Materials (ASTM) data search for potential hazardous
material sites within one mile of the project site will be performed. The report will include a map and
detailed information on sites identified. In addition, a visual inspection for potential hazardous materials
will be performed within the existing and proposed ROW.
Hazardous materials concerns for this project will be identified and applicable compliance with local,
state, and federal regulations.
Construction Impacts
This section will identify and describe potential construction impacts on facilities and services in the
project area and surrounding area. Impacts resulting from limited access or detours will be described and
measures to minimize iunpacts will be discussed.
Proposed Scope of Services for Improvements to Vintage Road from Bonnie Brae to US 377
City of Denton
January 14, 2011
Page 4
Noise sensitive receivers near the construction area or along any detour route will be identified and
described. Noise abatement measures will be considered.
Project Coordination
This task includes communication with the Engineer, informal communication with the City of Denton,
and resource agencies, and attendance at no more than three (3) coordination meetings by B &A
personnel. All communication with the Engineer, resource agencies, and the City of Denton will be made
apart of each project file.
Assumptions
This proposed scope of services is based on the following assumptions:
1. A presence /absence survey for federally endangered vertebrates will not be required. If the results of
the habitat assessments indicate that a- surveys) is necessary, or the U.S. Fish & Wildlife Service
determines one or more surveys are needed, it (or they) will be accomplished under a separate scope
and budget.
2. Section 7 formal and informal consultation under the Endangered Species Act are not included in this
scope of services. Section 7 consultation, if deemed necessary, will be accomplished under a separate
scope and budget.
3. Impacts to wetlands or other waters of the U.S. are anticipated. However, activities associated with an
Individual Section 404 (Clean Water Act) permit, pre - construction notification, and /or mitigation
planning and formal coordination with the U.S. Army Corps of Engineers are not included in this
scope of services.
4. This scope includes an archeological survey for the locally funded roadway portion but does not
include testing and /or mitigation of sites. Testing and/or mitigation would be conducted under a
separate scope and budget. This scope does not include intensive level investigations for historic
properties.
5. All necessary land access will be secured by the Engineer or the City of Denton.
6. Any mitigation plan that may be required as a result of regulatory coordination or consultation will be
done under a separate scope and budget.
7. Preparation of a National Environmental Policy Act document is not included in this scope of
services.
8. This scope of services does not include planning, organizing, or holding any type of public
involvement activity.
Proposed Scope of Services for Improvements to Vintage Road from Bonnie Brae to US 377
. City of Denton
January 14, 2011
Page 5
9. This scope of services does not include formal coordination with any regulatory agency.
10. This scope of services does not include the preparation of a 4(f) or 6(f) Evaluation.
11. This scope of services does not include a quantitative air quality analysis.
12. Permitting or state or federal funding requirements may affect this scope of services. Any additional
work or field investigation as a result of permitting or other requirements will be done under a
separate scope and budget.
13. This scope of services does not include a Phase I or Phase 11 environmental site assessment for
hazardous materials. This scope does include a haz -mat database search and a limited field visit.
Under this scope of services, B &A proposes to prepare the environmental report on a time and materials
basis not to exceed $47,901.81. The budget estimate is included as Attachment B.
Sincerely,
( C. la'~
Dean Tesmer
Blanton & Associates, Inc.
Attachments
Submit by Email I Print Form
Attachment A
DRAFT
Environmental Review
Process for Local Projects
March 5, 2009
This Page Intentionally Left Blank.
Environmental Review
Mw ° Process for Local Projects
1.0 BACKGROUND
In 2007, the 80th Texas Legislature passed Senate Bill 792, redefining the way toll projects are
delivered throughout the state and creating a process through which the market value of a
project is determined. Following the 80th session, the Texas Department of Transportation
(TxDOT), North Texas Tollway Authority (NTTA), and North Central Texas Council of
Governments ( NCTCOG) worked together to develop SH 121, a critical corridor in Collin,
Dallas, and Denton Counties.
The result was a $3.2 billion upfront payment to TxDOT by the NTTA for the right to develop,
finance, design, construct, operate, and maintain the SH 121 tollroad project. Texas
Transportation Code [43 Texas Administration Code (TAC) 2.1, Section 228.012] requires
TxDOT to create a separate account in the state highway fund to hold this type of payment for
each project, system, or region, and to hold money in a subaccount in trust for the benefit of the
region in which a project or system is located. The responsibility for allocating money in the SH
121 subaccount has been assigned to the Regional Transportation Council (RTC), the
transportation policy council of the NCTCOG. This subaccount will provide funding for the
Regional Toll Revenue (RTR) initiative established by RTC, which will help construct numerous
projects throughout the Dallas -Fort Worth region.
For projects to be funded with money in the SH 121 subaccounts that are on the state /federal
roadway system (e.g., on- system) or include other state /federal transportation monies, the
projects must comply with state /federal environmental review, permitting, and other approval
and public notice requirements [i.e., 43 TAC, Part 1, Chapter 2, Subchapter A and/or the
National Environmental Policy Act (NEPA)]. Other projects to be funded with money in the SH
121 subaccounts that are not part of the state /federal roadway system (e.g., off - system) and
have no other state /federal transportation monies allocated to the project will not be required to
comply with 43 TAC, Part 1, Chapter 2, Subchapter A, Rule 2.1(b)(3) as amended February 19,
2009, or NEPA. However, the entity responsible for implementing the project must comply with
all environmental review and public involvement requirements applicable under state and
federal law and a local environmental review focused on permitting and other approvals. Each
project will require an agreement between TxDOT and the implementing agency. This
agreement will include a section requiring NCTCOG review of the local environmental
documents for projects funded under the agreement.
Many local governments do not have a formal local environment review process for
transportation projects. Some local agencies, such as the NTTA, Dallas Area Rapid Transit,
and Denton County Transit Authority, have developed an environmental review that mimics
NEPA documents for projects funded with local monies. This document is then approved by
their respective boards rather than a federal or state agency.
2.0 OVERVIEW OF PROPOSED PROCESS
To assist implementing agencies in fulfilling the local environmental review requirements that
may not have an established process, NCTCOG has researched and developed a local
environmental review. The purpose of the review is to ensure the implementing agency is
complying with applicable state and federal laws and regulations. Figure 1 shows the proposed
process for completing the local environmental review. This local environmental review process
must be completed before monies for either right -of -way acquisition or construction are
distributed by TxDOT.
315/2009 1 Working Copy
Environmental Review
Process for Local Projects
Figure 1: Local Environmental Review Process for Off - System RTR Projects
RTC Call for Projects
Project Selected
Is the
Must Comply Yes Project on the State or
with NEPA Federal System or has
Other Federal or State
Funding? /
Must Comply
with Local
Environmental
Review
Complete Local
Environmental Review
Review and Comment
by NCTCOG
Approval by
Implementing Agency
Submit Approval &
Final Documentation to
NCTCOG (if revised)
To facilitate and streamline the local environmental review process, an environmental checklist
(Appendix A) and instructions (Appendix B) have been developed to help ensure the
implementing agency is complying with applicable state and federal laws and regulations. Once
the local environmental process has been completed by the implementing agency, it should be
submitted to NCTCOG a minimum of 60 days prior to approval by the implementing agency.
NCTCOG will review the form and provide comments to the implementing agency. The
implementing agency may revise the document, as appropriate, and then gain local approval of
the document. A copy of the approval and final document (if revised from the original submittal
to NCTCOG) should be submitted to NCTCOG.
3/5/2009 2 Working Copy
1. Project Description
1A. Length
1 B. Scope of Work
2. Implementing Agency
3. Primary Contact for the
Implementation Agency
4. Form Preparer
5. Date Form was Prepared
6. Project Costs:
• Engineering
• Right -of -Way
• Utility Relocation
• Construction
• Total
7. Date of Cost Estimate
Name /Title:
Phone:
e -mail:
Name /Title:
Phone:
e -mail:
Total Amount ($)
Appendix A: Environmental
Review Checklist for Local Projects
Amount Requested ($)
8. TIP Number
9. Project Location Map Attached (❑) Yes (❑) No
10. Briefly describe the problems /issues and how the project will eliminate or help solve them.
Include any information concerning other alternatives considered during project development.
11. List the local planning document(s) that include this project (e.g., comprehensive plan,
thoroughfare plan, long -range plan, CIP). Include the plan name, date, program year, project numbers,
etc. are associated with it.
12. Is the project consistent with other transportation, infrastructure, or community ( ❑) Yes (❑) No
projects or plans? If yes, list the plan /project name and agency /authority. If no, list the
plan /project and why this project is not consistent.
13. Is the prolect ADA
Yes (❑) No
3/5/2009 A -1 Working Copy
Appendix A: Environmental
Review Checklist for Local Projects
14. Is the project along a transit, pedestrian, bicycle, or haul route? If no, go to 15. (❑) Yes (❑) Na
14A. Will the project interfere, restrict, or otherwise permanently impact these (p) Yes (p) No
routes? If no, go to 15.
14B. Has the proper authority /agency been contacted? ( ❑) Yes (❑) No
15. Does the project cross or involve a railroad crossing (at -grade or grade- (❑) Yes (❑) No
separated? If no, go to 16.
15A. Will the project change the number of at -grade roadway /railroad (❑) Yes (p) No
crossings?
15B. Has an agreement with the railroad been executed? If yes, attach to form. ( ❑) Yes (❑) No
16. List any local governmental approvals (e.g., Board /Council /Commission) or permits that have
been obtained (with dates) or will be needed for the project (with anticipated dates).
17. List the dates of meetings and any other efforts to inform the community about this project.
17A. In general, describe any comments received by the public.
17B. List the outreach efforts taken to include environmental justice and the LEP communities.
18. Will additional right -of -way be needed? If no, go to 20. (❑) Yes (❑) No
18A. How much (total acres) is needed?
18B. How many parcels will be affected?
18C. Briefly describe the existing land use of the area(s) to be acquired.
18D. Will the right -of -way be acquired using fair market value? (❑) Yes (❑) No
3/512009 A -2 Working Copy
T � Appendix A: Environmental
Review Checklist for Local Projects
19. Will any buildings and /or structures be displaced? If no, go to 19. (D) Yes (D) No
19A. How many structures will be displaced?
19B. Indicate the number for each type:
• Single - Family
• Multi - Family Buildings and Units
• Commercial
• Industrial
• Places of Worship
• Public Facilities
• Other
19C. Will relocation assistance be provided? (D) Yes (D) No
20. Will utilities need to be relocated? If no, go to 21. (D) Yes (D) No
20A. List the type of utilities to be relocated and any special considerations that need to be
known.
20B. Have utility conflicts been resolved? If yes, go to 21. If no, what are the
procedures to resolve the conflicts and anticipated schedule for resolution?
20C. Have the required utility permits been obtained? If yes, list the types and
dates. If no, list the types and anticipate dates.
21. Will the project affect the location or view of existing billboards? If yes,
describe the location of the billboard(s) and effects.
(D) Yes (D) No
(D) Yes (D) No
( ❑) Yes (p) No
3/5/2009 A -3 Working Copy
Appendix A: Environmental
==— Review Checklist for Local Projects
22 I the project affect de dIcated <pub ip y owned park a n , Wild] fe refugees; br (p) Yes (p) No
recreation areas? If yes, describe the property affected, type (e.g., .use, number of
acreage affected), and impact: .
23. Will the project disturb archaeological resources? If .yes, describe the resource (M) Yes (0) No
and impact and attach the THC Antiquities Permit.
U. Wilt: the project impact or disturb of any property listed as a SAL and /or; RTHL. (p) Yes (�) No
and/or listed onthe NR.HP? if yes, describeahe resource (e.g., list address) and
impact and attach the THC Antiquities Permit.
Yes - No
25. Has this project been coordinated with the THC? If yes, attach all relevant (B) (p)
correspondence.
26 Have you coordinated with your local historic preservation organization? (Lr3) Yes No
27.: Wiil:the construction plans include a specification that requires all work in the Yes (p) No
area to cease and contacted THC immediately if a suspected archeological
obiectiariifact is found or uncovered durind' cons truction operations? .'
28. Are there any federal threatened or endangered species an lot. their habitat (p) Yes (0) No
located within the project area? If no, go to 29.
28A: Has coordination been initiated with USFWS and;has a presence /absence Yes (r]) No
surve. y been conducted?
28B. If yes, explain ;the results of the coordination and survey efforts and attach all relevant
correspondence. If no, when will the coordination be initiated?
28C. Will the construction plans include a specification that requires all work in (0) Yes (0) No
the area to cease and contact USFWS immediately if a suspected federally- listed
threatened or endangered species is encountered during construction
operations?
3/5/2009 A -4 Working Copy
Appendix A: Environmental
► Review Checklist for Local Projects
ENVIRONMENTAL INFORMATION
2J Are'there any state threatened or'eridar gered species and /or their h1abitat (p) Yes (p) No
located within the proposed�:project area? 17-60,'y to 3Q.'
29A. Has coordination been initiated with TPWD? (p) Yes No
2913. If yes, explain the results of the coordination efforts and attach all relevant correspondence.
If no, when will coordination be initiated'?
30 Based on field observations, are migratory birds located in ,the proposed Yes (p) No
project area?
31. Are old or abandoned migratory bird nest located in the proposed project (D) Yes (0) No
area? State the type of nest and abundance.
e construction plans include specifications thatwill require compliance (p) Yes (E3) No
ligratory BirdTreaty:Act?
e proposed project area cross any prime or unique - farmlands that, is Yes (p) No
In or.committed to urban deyelopment? If yes fill aut f6' CPA -106 and
NRGS and attach a copy o tFiiS form.
34; Will the project impact any USACE wetlands, water bodies; or streams? If no, (p) Yes (p) No
go to 35.
3/5/2009 A -5 Working Copy
MXI�ExUNt1W
38A. Has the project been c
38B. Have BMPs been inclu
39. Does the implementing agei
39A.. Will the project impact
39B Explain how and what
Appendix A; Environmental
Review Checklist for Local Projects
�croach upon, or occur five miles upstream of a (� Yes ([D No
�ectign 3o3(d)-list? If fib go to`39.
firmed with TCEQ for maximum daily loads? Yes No
in the construction plans? (Ij Yes No
possess an MS4 permit? If no, go to 40. ([i) Yes (CQ No
MS4 permit? If no, go to 40. Yes (IJ No
jation is proposed.
46... Has a regulated /hazardous`mate.rials on -site visual inspection been' (p) Yes (0) No
conducted?
Will the project require additional ight - of- way or be I ocated near a known (p) Yes (0) No
potential regulated materlals site?
48. Does the implementing agency have a spill prevention /response plan in place (�) Yes (p) No
for construction projects?
.49., Will the construction plans include specifications require compliance with (p) Yes (M) No
local, state, and federal regulations, pertaining to regulated materials on
construction sites? _
3/5/2009 A -6 Working Copy
Appendix A: Environmental
�wr review Checklist for Local Projects
CONSTRUCTION
50. What is the estimated time of construction? _ Years Months
51. Will the construction of the project limit access and/or require detours? If yes, (ED Yes (ED No
describe the impacts and how they will be minimized or mitigated during construction.
52. What types of facilities or services could be impacted during construction and how will they be
notified of the construction project, changes in access during construction, or detours?
Facility /Service Affected? Notification Method Who will be /was Notified?
• Residences (0) Yes (p) No
• Businesses (0) Yes (p) No
• Hospitals, Fire, Police Stations (0) Yes (❑) No
• Emergency Services (0) Yes (❑) No
• Public Facilities (p) Yes (❑) No
• (e.g., libraries, schools)
• Transit Routes (❑) Yes (❑) No
• Bicycle Routes (❑) Yes (❑) No
Haul Routes (0) Yes (0) No
53. Are there any noise sensitive receivers near construction area or along the (❑) Yes (❑) No
detour routes?
54. Will the construction plans include specification requiring the contractor (0) Yes (0) No
Iteo make reasonable effort to minimize construction noise through abatement
measures, such as work -hour controls and proper maintenance of muffler
s stems.
CERTIFICATION •. REPRESENTATIVE
I certify the information provided in this form accurately reflects the status of compliance with applicable laws
and regulations for the project.
Signature: Date:
Name: Title:
❑
FORM ATTACHMENTS
Location Map (Question 9)
Railroad Agreement (Question 1513)
❑
THC Antiquities Permit (Question 23, 24)
❑
THC Coordination Letters (Question 25)
USFWS Coordination Letters (Question 2813)
USACE IP Coordination Letters (Question 346)
❑
Floodplain Coordination Letters (Question 41 B)
❑
Other
3/5/2009 A -7 Working Copy
�PL Appendix A: Environmental
Review Checklist for Local Projects
This Page Intentionally Left Blank.
3/5/2009 A -8 Working Copy
Appendix E: Instructions for Environmental
Review Checklist for Local Projects
Instructions-The following are more detailed guidance to help in the completion of the
Environmental Review Checklist for Local Projects.
PROJECT INFORMATION
Question 1
Project Description
State the project name and physical limits (to /from
or at).
Question 1A
Length
State the length of the project in feet or miles.
Question 1 B
Scope of Work
Briefly describe the work to be performed.
Question 2
Implementing Agency
State the name of the local agency purchasing the
right -of -way and /or constructing the project.
Question 3
Primary Contact for the Implementing Agency
Provide the name, title, and contact information
for the person from the implementing agency that
is knowledgeable of the project.
Question 4
Form Preparer
Provide the name, title, and contact information
for the person that prepared the form.
Question 5
Date Form was Prepared
State the date the form was completed.
Question 6
Project Costs
Under Total Amount, state the engineering, right -
of -way, utility relocation, construction, and total for
the project. Under Amount Requested, state the
amount of funds being requested from the
Regional Toll Revenue (RTR) for engineering,
right -of -way, utility relocation, construction, and
total.
Question 7
Date of Estimate
State the date of the estimate provided in
Question o.
Question 8
TIP Number
State the project number as listed in the
Transportation Improvement Program (TIP). The
TIP is available at hftp: / /www.nctcog.org /trans /tip/
Question 9
Project Location Map
Provide a map of the location for the submitted
project with sufficient information for a person to
understand the precise location of the proposed
project. Suggested to include but not limited to:
aerials, site boundaries, road names,
streams /rivers and their labels, floodplains, parcel
boundaries, north arrow, legend, and a scale bar.
Question 10
Need and Purpose
Describe the specific problems and /or issues the
project is addressing (e.g., travel demand, safety,
system connectivity). Describe how the project
will help eliminate or solve them, or improve
existing conditions. Include any information
concerning other alternatives considered.
LOCAL SUPPORT & COORDINATION
Question 11
Local Planning Documents
List the local planning document(s) that include
this project [e.g., comprehensive plan,
thoroughfare plan, long -range plan, Capital
Improvement Plan (CIP)]. Include the plan name,
date, program year, project numbers, etc.
Question 12
Project Consistency
Confirm the project is consistent with other
existing or proposed transportation, infrastructure,
or community projects or plans. This includes
plans by other transportation providers, Municipal
Utility District (MUDs), and /or special districts. It
should also consider requirements near airports.
If it is consistent, list the plans and /or projects and
agency /authority. Relative to the existing and
proposed MUD facilities, is any further
coordination required? if no, list the plans and /or
projects and why this project is not consistent.
3/5/2009 B -1 Working Copy
Appendix B: Instructions for Environmental
- Review Checklist for Local Projects
Question 13
Americans with Disability Act (ADA)
Compliance
Is the project compliant with applicable ADA
standards?
Question 14
Transit, Bicycle, Pedestrian, or Haul Routes
Is the project along any fixed bus route, rail line,
designated bicycle route, trail /pedestrian route, or
designated haul route?
Question 14A
Impact on Designated Routes
Will this project permanently interfere or impact
these routes? Will this project prevent use of a
designated haul route for overweight vehicles,
regulated materials, or any other restricted/
permitted routes?
Question 14B
Designated Route Coordination
If a designated route will be affected, has the
proper authority /agency been contacted?
Question 15
Railroad Crossings
State if the project does or does not intersect an
existing rail line (freight or transit).
Question 15A
Change in the Number of At -Grade
Roadway /Railroad Crossing
Will the project increase or decrease the number
of at -grade crossings? If the number of at -grade
crossings will be decrease, the agency may want
to participate in the North Central Texas Council
of Governments (NCTCOG) Railroad Crossing
Banking Program. See http: / /www.nctcog.org/
trans /goods /RRCBP.asp for more information.
Question 15B
Railroad Agreement
Has the railroad been contacted about the
intersection? If an agreement has been signed,
include it as an attachment to the form.
Question 16
Local Governmental Approvals
List any local governmental approvals (e.g.,
Board /Council /Commission) or permits that have
been obtained (with dates) or will be needed for
the project (with anticipated dates).
Question 17
Community Meetings
List the dates of meetings (both previously held
and 'planned) and any other efforts to inform the
community about the project. This could include
council /board meetings, presentations, listings in
local newspapers or websites, or any other type of
communication with the public about this project.
Question 17A
Public Comments
Briefly describe the general sentiment (for and
against) from the public regarding this project.
Question 17B
Outreach Efforts
List the outreach efforts taken to include Title VI
populations including environmental justice and
the limited English proficient (LEP) populations
(See Box 1) that may be affected by the project.
This could include efforts listed in Question 17
that were focused on these communities. For a
non - English speaking community, was information
or communication provided in any other language
(e.g., advertising in a non - English newspaper)?
Was translation offered or requested at meetings?
BOX 1: Title VI including Environmental Justice, and
Limited English Proficient (LEP)
Community outreach for transportation projects should
incorporate Title VI populations including environmental
justice (Executive Order 12898),and LEP (Executive
order 13166). Title VI of the Civil Rights Act of 1964
states that no person is excluded from participation in,
denied the benefit of, or subjected to discrimination
under any program or activity on the basis of race, color,
national origin, age, sex, disability, or religion.
Minority: A minority population is defined as a group of
people and /or community experiencing common
conditions of exposure or impact that consists of persons
classified by the Census Bureau as Negro/Black/African-
American, Hispanic, Asian or Pacific Islander, American
Indian, Eskimo, or Aleut. Minority populations are
typically identified using census block level data from the
2000 Census (see Box 2).
Low - Income: A low- income population is typically defined
as a group of people and /or community, which as a
whole, lives below the national poverty level as
established by the Health and Human Services
Department (see hftp: / /aspe.hhs.gov/ poverty/
09Poverty.shtml). Low- income populations are typically
identified using census block group level data from the
2000 Census (see Box 2).
LEP: An individual who do not speak English as their
primary language and who have a limited ability to read,
speak, write, or understand English. This includes
persons aged five years and older, persons who speak
English "not well' or "not at. all." LEP populations are
typically identified using census block group level data
from the 2000 Census (see Box 2).
3/5/2009 B -2 Working Copy
BOX 2: Using Census Data
US Census data is available on -line at
http://www.census.gov/main/www/cen2000.htmi.
However, there are various data sets that provide a wide
range of information. The following lists the data set that
should be used to determine ethnicity, LEP population,
and income level.
• For.race, Summary File 1: P7.
• For Hispanic or Latino, Summary File 1: P11.
• For LEP information, Summary File 3, P19.
• For median household income, Summary File 3, P53.
Information in the Census is provided at three levels
Census tract: A geographic region defined for the
purpose of taking a census. Usually these coincide with
the limits of cities, towns, or other administrative areas
and several tracts commonly exist within a county.
Census block group: A geographical unit used by the
Census Bureau which is smaller than a census tract but
larger than a census block. It is the smallest
geographical unit for which the bureau publishes sample
data, i.e., data which is only collected from a fraction of
all households.
Census block: The smallest geographic unit used by the
Census Bureau for tabulation of 100- percent data (data
collected from all houses, rather than a sample of
houses). Blocks are typically bounded by streets, roads,
or creeks. In cities, a census block may correspond to a
city block, but in rural areas where roads are fewer,
blocks may limited by other features. The population
of a census block varies greatly.
RIGHT -OF -WAY INFORMATION
Question 18
Additional Right -of -Way
State if project will require additional right -of -way
Question 18A
Amount of Additional Right -of -Way
State the total amount (in acres) of additional
right -of -way to be acquired.
Question 18B
Number of Parcels
State the estimated number of affected parcels
from which additional right -of -way will be
acquired. Include the acquisition of both partial
and full parcels.
Question 18C
Existing Land Use
Briefly describe the existing land use (e.g.,
commercial, retail, industrial, residential, vacant,
Appendix E. Instructions for Environmental
Review Checklist for Local Projects
agricultural, undeveloped, floodplain) of the
parcels to be acquired.
Question 18D
Right -of -Way Acquisition
State if the property will be acquired based on fair
market value.
Question 19
Displacements
State if any buildings and /or structures will be
displaced.
Question 19A
Number of Structures Displaced
State the total number of buildings and /or
structures that will be displaced. Structures could
include canopies or storage buildings.
Question 19B
Type and Number of Displacements
List the type and number by single - family, multi-
family buildings and units, commercial, industrial,
places of worship, public facilities, and other. For
multi - family or commercial properties, state the
number of buildings and the number of individual
units or spaces. Other could include quasi - public
facilities (e.g., electrical substation) and places of
worship.
Question 19C
Relocation Assistance
State if relocation assistance will be provided for
displacees. Typically, when a project requires
that a homeowner, leasee, or business be
displaced, the owner /occupier is notified and
assistance in the form of guidance /resources will
be made available to locate a comparable unit
and that funds are available to relocate. The intent
is to lessen the displacee's inconvenience.
Question 20
Utility Relocation
Construction projects may require above ground
(e.g., telephone poles, power lines) or below
ground (e.g., water lines, gas lines) to be
relocated. State if any utility will require
relocation.
Question 20A
Special Considerations
List the type of utilities to be relocated and any
special considerations that need to be known
such as limitations on the time of interruptions,
special agreements, etc.
3/5/2009 B -3 Working Copy
Appendix P: Instructions for Environmental
"VAT review Checklist for local Projects
Question 20B
Utility Conflicts
Conflicts occur when either existing utility lines lie
within the construction limits of the project and
must be moved to accommodate construction, or
future utility line lie within the construction limits.
If the proposed plans have been reviewed and
comments received from appropriate utility
companies, check yes. If no, discuss how and
when any utility conflict will be resolved prior to
construction.
Question 20C
Utility Permits
Have the required utility permits been obtained? If
yes, list the types and dates. If no, list the types
and anticipate dates.
Question 21
Billboards
Are there any billboards that will be removed by
the project? Will the project affect the view to
existing billboards? If yes to either question,
describe the location of the billboard(s) and
effects. Does the implementing agency or local
jurisdiction have an ordinance restricting the
relocation of billboards?
ENVIRONMENTAL INFORMATION
Cultural Resources (See Box 3)
Question 22
Parks, Wildlife Refuges, or Recreation Areas
Based on ownership and zoning, will the project
affect publicly -owned dedicated parkland, wildlife
refuges, or recreation areas? If yes, describe the
property affected, type (e.g., use, overall acreage,
facilities), and impact. Do not include private
recreational areas such as privately -owned golf
courses.
Question 23
Archaeological Resources
Will the project disturb archaeological resources?
If yes, describe the resource and impact.
In the event that the project may affect a known
archeological and /or historic site, an Antiquities
Permits may be required. An archeological permit
may be issued only to a professional archeologist
who meets the definition of a principal investigator
as defined in Title 13, Part Ii, Chapter 26 of the
BOX 3: Legal and Reciulatory Context for Cultural
Resources
Chapter 26 of the Texas Parks and Wildlife Code was
established to protect any publicly owned land designated or
used as a park, recreation and scientific area, wildlife refuge,
and historic site from being used or taken by state or local
agencies for other public projects. Chapter 26 applies to all
local projects. Section 26.001 of Chapter 26 states that that an
agency cannot use or taking these properties unless it Is
determined that: (1) there is no feasible and prudent alternative
to the use or taking of such land and (2) the project includes all
reasonable planning to minimize harm to the land, as a park,
recreation area, scientific area, wildlife refuge, or historic site,
resulting from the use or taking.
Chapter 26 also requires a public hearing on any taking of
public parkland. Section 26.001 states that
(b) A finding required by Subsection (a) of this section may be
made only after notice and a hearing as required by this
chapter.
(c) The governing body or officer shall consider clearly
enunciated local preferences, and the provisions of this
chapter do not constitute a mandatory prohibition against
the use of the area if the findings are made that justify the
approval of a program or project.
Chapter 26 excludes parks, recreation areas, or wildlife refuges
in certain cases. Section 26.004 provides that a department,
agency, board, or political subdivision having control of the
public land is not required to comply with this chapter if:
(1) The land is originally obtained and designated for another
public use and is temporarily used as a park, recreation
area, or wildlife refuge pending its use for the originally
designated purpose; .
(2) The program or project that requires the use or taking of
the land being used temporarily as a park, recreation area,
or wildlife refuge is the same program or project for which
the land was originally obtained and designated; and
(3) The land has not been designated by the department,
agency, political subdivision, county, or municipality for
use as a park, recreation area, or wildlife refuge before
September 1, 1975.
The Antiquities Code of Texas (ACT) (Texas Natural
Resources Code of 1977, Title 9, Heritage, Chapter 191) must
be followed for local projects (httpa/www.thc.state.tx.us/
rulesregs /RulesRegsPDF /AntigCode.pdf). This code
established the Texas Historical Commission (THC) as the
legal custodian of cultural resources, historic and prehistoric,
within the public domain of the State of Texas (Section
191.051). The authority of the THC extends to designation and
protection of State Archeological Landmarks (SAL), which can
be historic buildings and structure, shipwrecks, or archeological
sites. Cultural resources located on land owned or controlled
by the State of Texas, or one of its cities or counties, or other
political subdivisions, are protected by the ACT.
ACT requires state agencies and political subdivisions of the
state, including cities, counties, river authorities, municipal
utility districts and school districts to notify the THC of any
action on public land involving five or more acres of ground
disturbance; 5,000 or more cubic yards of earth moving; or any
project that has the potential to disturb recorded historic or
archeological sites.
3/5/2009 B -4 Working Copy
< Appendix ii B; Instructions for Environmental
`' R eview Checklist for Local Projects
historians and architects must meet the
qualifications listed in Chapter 26 to be eligible to
Texas Administrative Code (TAC). Similarly,
receive antiquities permits for work on designated
buildings. The text of both the Antiquities Code
and the rules are available at
http://www.thc.state.tx.us/rulesregs/rrstate.shtml.
For known archeological resources, background
research and a reconnaissance survey should be
conducted for the existing and areas of proposed
right -of -way. The background search could
include an examination of existing archeological
site files at the Texas Archeological Research
Laboratory (TARL) and the Texas Historical
Commission (THC) existing archeological records,
soils data, geologic data, topographic data, and
pertinent historical records to determine any
previously recorded archeological sites within the
project limits. For archeological procedures, call
Dan Potter (512.463.8884) at the THC.
Question 24
Historic Properties
Will the project impact or disturb of any property
listed as a State Archeological Landmarks (SAL),
Recorded Texas Historic Landmarks (RTHL),
and /or listed on the National Register of Historic
Places (NRHP)? If yes, describe the resource
(e.g., list address) and impact.
The locations of SALs, RTHL, and NRHP - listed
properties are available on -line at
http: / /atias.thc.state.tx.us /. For projects that may
affect any of these properties, the implementing
agency is required by law to fill out Antiquities
Permit and submit form, description, photos, etc.
to THC. THC will review exterior and interior (of
public spaces).
Question 25
THC Coordination
Has this project been coordinated with the THC?
If yes, attach all relevant correspondence.
The THC should be contact as soon as the project
is defined (e.g., typical section, preliminary
plan /profile, scope of construction and right -of-
way impacts). Local governments should call
THC to verify RTHL and SAL locations [in Tarrant
County, the contact is Caroline Wright
(512.463.6214) and in the region north central
Texas counties, the contact is Adam Alsobrook
(512.463.6183)].
Question 26
Local Coordination
Historic preservation efforts should be coordinated
locally. As a minimum, each county has a
historical commission and most municipalities
have local historical commissions (see
http://www.thc.state.tx.us/ctycommissions/chcdefa
ult.shtml for a listing of contacts).
Question 27
Discovery during Construction
Research and field investigations may not reveal
all archeological sites. During the course of
construction, archeological objects or artifacts
may be discovered. The construction plans
should include a specification requiring the work in
that area of the project to stop. The implementing
agency should then contact the THC immediately.
Threatened and Endangered Species
(See Box 4)
Question 28
Federal Threatened or Endangered Species
Identify any federal threatened or endangered
species listed by the US Fish and Wildlife Service
(USFWS) in the project area or the presences of
their habitat. The list of threatened and
endangered species and habitat can be found on
the USFWS website at: http: / /www.fws.gov/
southwest /es /EndangeredSpecies /lists /.
Question 28A
USFWS Coordination
Send a written coordination letter to USFWS to
verify presence of federal threatened or
endangered species if potential of certain species
may occur in the project area. Utilize personnel
certified to conduct presence /absence surveys for
the targeted species that has potential to occur in
the project area.
Question 28B
USFWS Coordination
Explain the response the USFWS has given from
prior coordination and the results of the presence
absence survey. If neither has taken place, verify
when the coordination will occur.
3/5/2009 B -5 Working Copy
Appendix E: Instructions for Environmental
�-
Review Checklist for Local Projects
Question 28C
Threatened or Endangered Species During
Construction
Verify if statements in the engineering plans call
for specific actions if threatened or endangered
species are discovered during construction.
Question 29
State Threatened or Endangered Species
Identify any state threatened or endangered
species that may be located in the project area;
use the list by county provided through the Texas
Parks and Wildlife Service (TPWD) website at:
http: / /gis.tpwd. state .tx.us /TpwEndangeredSpecies
/DesktopDefault.aspx
Question 29A
TPWD Coordination
State if any written coordination has occurred with
TPWD for potential impacts to state threatened or
endangered species identified in the proposed
project area.
Question 29B
TPWD Coordination
Summarize TPWD's coordination response and
any additional coordination or surveys required by
TPWD. If no coordination has been initiated, state
when coordination would occur.
Migratory Bird Treaty Act (See Box 4)
Question 30
Presence of Migratory Birds
State if migratory birds [all birds with the exception
of the European starling and the rock dove
(pigeon)], were observed in the proposed project
area.
Question 31
Presence of Nesting Sites
State if migratory bird nest were located in the
proposed project area. Include the types of nest
(e.g., nest in trees, under bridge, on the ground)
and the abundance (e.g., a few nest, multiple
nesting area).
Question 32
MBTA Compliance during Construction
Do the construction plans provide any
specifications in the construction plans for
addressing migratory birds which could include
avoiding construction during nesting season,
destroying nest during non - nesting seasons to
prevent reuse of nest, or netting around bridges
during nesting season to prevent migratory birds
from utilizing the area underneath the bridge for
nesting?
BOX 4: Legal and Regulatory Context for Federal and
State Threatened and Endangered Species and
Migratory Birds
Endangered: Designation that denoted the entire species
appears to be in danger of extinction.
Threatened: A designation that indicates a species for
which protective measures appear to be required to prevent
it from becoming endangered.
The Endangered Species Act of 1973, as amended
prohibits the "taking" of listed species and the destruction of
habitats critical to the survival of federally- listed species.
The word "take," according to the 50 CFR 17.3, includes
"harass, harm, hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such conduct." In this
context, "harm" means an act that actually kills or injures
protected wildlife. This has been interpreted to include
substantial habitat modification or degradation that results in
actual injury ordeath to listed species (i.e., impairment of
essential behavior patterns).
The Bald and Golden Eagle Protection Act (16 USC; 668-
668d) of 1940, as amended. The Bald Eagle was removed
from the federal threatened and endangered list (effective
August 8, 2007). However, they are now afforded .
protection under the Bald and Golden Eagle Protection Act
gives similar protection to the endangered species act. This
act prevents a person to "take, possess, sell, purchase,
barter, offer to sell, purchase or barter, transport, export or
import, at any time or any manner, any Bald Eagle ... [or any
Golden Eagle), alive or dead, or any part, nest, or egg
thereof." The act defines "take" as "pursue, shoot, shoot at,
poison, wound, kill, capture, trap, collect, molest, or disturb."
The State of Texas has similar legislation regarding state —
listed species (Section 65.171 -176 and 69.01 -69.9 of the
TAC). The TPWD has the responsibility of listing species
within the state. In addition, the Parks and Wildlife Code,
Chapters 68 and 88 for the State of Texas contain the
regulations of endangered species and plants. Both the
state and federal laws afford protection to the organism from
'direct taking. However, state laws do not include
prohibitions on impacts to habitat, only to activities that
would directly impact a listed species.
The Migratory Bird Treaty Act (MBTA) of 1918 was a treaty
that was signed by US, Japan, Canada; Mexico, and
Russia. The law affords protection to virtually all migratory
birds, including their parts, nests, or eggs. The MBTA
affords protection to over 800 species of birds.
3/5/2009 B -6 Working Copy
Farmland
Question 33
Impacts to Prime Farmlands
Identify if prime farmland soils are in the project
area. Prime farmland soils can be found through
the Natural Resource Conservation Service
(NRCS) at: http : / /soildatamart.nres.usda.gov /.
Wetlands/Waters of the US (See Box 5)
Question 34
Impacts to USACE Wetlands, Water Bodies, or
Streams
Will fill (dirt, columns, roadway, etc.) be placed in
any streams, ponds, lakes, or jurisdictional
wetlands? It is highly recommended that a person
trained in wetland delineation perform this task.
Definition of waters of the US can be found at:
http: / /www.epa.gov /wetlands /guidance/
CWAwaters.html. For wetlands, see:
http: / /www.wetlands.com /regs /tipgeO2e.htm.
Question 34A
Authorization under Nationwide Permit (NWP)
Will the impacts of the proposed project fall under
the minimal Impacts of a NWP? A listing of the
types of NWP and the allowable impacts can be
found at: http: / /www.swf.usace.army.mil/
pubdata /envi ron /regulatory/permitting /nwp /2007/
index.asp.
Question 34A.i
Preconstruction Notification
Some NWPs require coordination to occur
between the permitee (implementing agency) and
the US Army Corps of Engineers (USACE) from a
certain impact threshold amount. A listing of the
types of NWP and notification requirements can
be found at: http: / /www.swf.usace.army.m!I/
pubdata /environ /regulatory/perm itting /nwp /2007/
index.asp. State if a preconstruction notification
needs to occur.
Question 34A.ii
NWP Permit
State which NWP number will be used and
include the date of issuance from the USACE or
anticipated date of issuance for all preconstruction
notification (PCN) NWPs.
Appendix B: Instructions for Environmental
Review Checklist for Local Projects
Question 34B
USACE Issuance of Individual Permit (IP)
List the date (or anticipated date) of permits.
Attach all relevant correspondence. Record the
status of the individual permit process with the
USACE.
BOX 5: Legal and Regulatory Context for Section 404
Permittina
A wetland is those areas that are inundated or saturated by
surface or.ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. When making wetland
determinations, the USACE uses three characteristics of
wetlands (vegetation, soil, and hydrology) as defined by the
USACE 9987 Wetlands Delineation Manual.
Jurisdictional water, also known and waters of the US, include
water features such as intermittent streams, playa lakes, prairie
potholes, sloughs, and wetlands.
Section 404 of the Clean Water Act requires a permit for
activities that would result in fill of jurisdictional waters of the
US. These permits could be Individual Permits (IPs) or
General Permits. General Permits include both regional and
nationwide permits. There are almost 50 types of Section 404
NWPs. Typical permits used for transportation construction
activities include:
NWP 7- Ouffall Structures and Associated Intake
NWP 13 — Bank Stabilization
NWP 14 — Linear Transportation Projects
NWP 18 — Minor Discharges
NWP 25 Structural Discharges
NWP 33 _ Temporary Construction, Access, and Dewatering
In North Texas, all Section 404 permitting would be
coordinated with the Regulatory Branch, Fort Worth District of
the USACE. The USACE is responsible for confirming all
jurisdictional determinations as well as establishing the
appropriate permitting avenue.
Water Quality (See Box 6)
Question 35
USACE Permit
Will the proposed project require any type of
USACE permit (Question 34 would have received
a "yes" answer).
Question 35A
Amount of Impacts
Will the impacts to waters of the US identified in
Question 34 be greater than three acres of lakes,
ponds, or wetlands or 1,500 linear feet of
streams?
3/5/2009 B -7 Working Copy
Question 35A.1
Tier II Section 401 Water Quality Certification
A Tier II Section 401 Water Quality Certification
will be required for impacts the have exceeded the
amounts in Question 35A. The Tier 11 401
Certification Questionnaire and Alternatives
Analysis Checklist can be found at:
hftp://www.tceq.state.tx.us/permitting/
water quality /wq _assessment /401 certification /401
certification_tier2.html. State the status of the Tier
II water quality permit with the Texas Commission
of Environmental Quality (TCEQ).
Question 35A.11
BMPs during Construction
Have Best Management Practices (BMP) such as
silt fences, rock berms, etc. been included in the
construction plans as part of the Tier II process?
Tier I BMPs (see ftp: / /ftp.dot.state.tx.us /pub /txdot-
info/ library / pubs /bus /tceq /tier1_checklist.pdf)
can be used but must be approved by TCEQ.
Question 35B
Tier I Section 401 Water Quality Certification
Checklist
Was a Tier I water quality certification from TCEQ
obtained and included in any permit or
preconstruction coordination with the USACE?
The Tier I checklist can be found at:
ftp://ftp.dot.state.tx.us/pub/txdot-Info/I!brary/
pubs /bus /tceq /tier1_checklist.pdf.
Question 36
Amount of Impacts
State if the project will disturb non -paved areas
(i.e., "turn dirt ") over more than one acre but less
than five, including any temporary work in
easements.
Question 36A
Texas Pollutant Discharge Elimination System
(TPDES) General Permit for Construction
Activity
All TPDES permits require a Storm Water
Pollution Prevention Plan (SW3P) be completed
which includes water quality items such as silt
fences, rock berms, etc. Information can be found
at: http: / /www.tceq.state.tx.us /permitting/
water quality /stormwater/TXR15_1_to_5.html.
Appendix B: Instructions for Environmental
Review Checklist for Local Projects
BOX 6: Water Quality Legal and Regulatory Context
Section 401 of the Clean Water Act (CWA) requires states to
certify that a proposed CWA Section 404 permit would not
violate water quality standards. The TCEQ issues Section
401 water quality certifications for projects prior to approval of
the Section 404 permit from the USAGE. Initiating the
Section 404 process with the USAGE automatically initiates
the 401 certification process.
One aspect of a Section 404 IP is the requirement for Section
401 water quality certification. For Section 404 1 P with
impacts of less than three acres or 1,500 feet of linear
stream, a Tier I Water Quality Certification Checklist must be
submitted with the Section 404 IP package. For impacts of
greater than three acres or 1,500 feet of linear stream, a Tier
II individual review would be required, which includes an
alternative analysis. The design and construction would
include construction and post- construction Best Management
Practices (BMPs) to manage storm water runoff and control
sediments.
For projects disturbing over one acre, Texas Pollutant
Discharge Elimination System (TPDES) General Permit No.
TXR150000, under provisions of Section 402 of the CWA and
Chapter 26 of the Texas Water Code, require contractors to
comply with conditions in the General Permit for Construction
Activity. This requires preparation and implementation of a
SW3P in addition to adherence to rigorous BMPs designed to
reduce or eliminate impacts to water resources. This permit
would include BMPs to control total suspended solids that
could be introduced into surface water.
The Texas Water Quality Inventory Report describes the
status of Texas waters based on historical data on surface -
water and groundwater quality, and the Section 309(d) list
identifies water bodies that are not meeting standards set for
their use. The reports satisfy the requirements of the federal
CWA for both Section 305(b) water - quality reports and
Section 303(d) lists.
TPDES Municipal Separate Storm Sewer Systems (MS4s) -
The Phase II storm water rule requires operators of certain
small MS4s to develop and implement a storm water
program. In an effort to further improve water quality in
streams, lakes, bays and estuaries, the EPA developed the
storm water program to control polluted runoff from. urban
areas.
Phase I of the program, issued in 1990, requires cities with a
population greater than 100,000 to develop storm water
management programs. Phase II is the second stage of the
EPA's storm water management program requirements. It
affects many small cities, some counties, and other entities
that operate municipal separate storm sewer systems in
urbanized and other densely populated areas. The TCEQ,
the Phase II regulatory authority in Texas, is responsible for
identifying the designated populated areas.
Each regulated small MS4 is required to submit a Notice of
Intent (Not) to obtain storm water permit coverage, typically
by complying with the Phase II general permit requirements.
Six minimum control measures must be addressed to control
polluted, storm water runoff. The initial submission for permit
coverage must detail the programs, activities and measurable
goals that will be implemented over the, five -year permitterm
to comply with the permit requirements. Reports detailing the
progress of the storm water management program (SWMP)
must be submitted to the TCEQ on an annual basis for the
first permit term.
3/5/2009 B -8 Working Copy
Question 37
Amount of Impacts
Verify if the project will disturb more than five
acres of non -paved areas (i.e., "turn dirt ").
Question 37A
NOI with TCEQ
A notice of intent (NOI) must be sent to TCEQ
detailing your SW3P. The NOI can be found at:
http: / /www.tceq.state.tx.us /assets /public/
permitting /waterqual ity /forms /10382.pdf.
Question 38
TCEQ Section 303(d)
Will discharge from the project flow into or five
miles upstream of impaired waters listed by
TCEQ. A listing of Section 303(d) impaired
waters can be found at:
http://www.tceq.state.tx.us/compliance/
monitoring/water/quality/data/08twqi/twqiO8.html.
Question 38A
TCEQ Maximum Daily Loads
Water discharge that could affect Section 303(d)
waters will require coordination with TCEQ for the
total maximum daily loads of potential pollution
into these impaired waters. The program and
coordination can be found at:
http: / /www.tceq.state.tx.us /implementation /
water /tmdl /.
Question 38B
BMPs during Construction
Potential discharge that could affect Section
303(d) waters need to follow the Tier I BMP
checklist (see ftp: / /ftp.dot.state.tx.us /pub /txdot-
info/ library/ pubs /bus /tceq /tierl_checklist.pdf).
One BMP from each category: erosion control,
sedimentation control, and total suspended solids
should be included in the plans.
Question 39
Municipal Separate Storm Sewer System
(MS4) Permit
Is this implementing agency a public agency and
does it posses a storm water collection system
(ditches, curbs, gutters, etc.)? MS4 information
can be found at: http: / /www.tceq.state.tx.us/
perm itti ng /water_q ual ity /stormwater/WQ_ms4_def
inition.html.
Appendix B: Instructions for Environmental
Review Checklist for Local Projects
Question 39A
Impact to MS4 Permit
Will there be discharges into the MS4? Verify if
runoff from the project will flow into a municipal
storm water system.
Question 39B
Mitigation for MS4
Explain any mitigation for discharging into an MS4
system. Impacts and mitigation examples can be
found at: http: / /www.tceq.state.tx.us /permitting/
water quality /stormwater/WQ_ms4_AIR.html
Floodplains
Question 40
Trinity River Regulatory Zone
Document if the project will require any work,
including pavement, structures, dirt disturbance,
or temporary structures in the Trinity River
Regulatory Zone (see Box 7). Contact the local
Corridor Development Certificate
(CDC) /Floodplain administrator to determine if the
area lies in the Trinity River regulatory zone.
Information on the CDC can be found at:
hftp://www.nctcog.dst.tx.us/
envir/SEEsafe/fpm/cdc/index.asp.
Question 40A
CDC Coordination
Complete a CDC based on the recommendations
of the CDC /Floodplain administrator and send
back to the administrator.
BOX 7: Corridor Development Certificate (CDC)
The CDC process aims to stabilize flood risk along the Trinity
River. The CDC process does not prohibit floodplain
development, but ensures that any development that does
occur in the floodplain will not raise flood water levels or reduce
flood storage capacity. With the CDC process, local
governments retain ultimate control over floodplain permitting
decisions, but other communities along the Trinity River
Corridor are given the opportunity to review and comment on
projects in their neighbor's jurisdiction.
Under the CDC process, a CDC permit is required to develop
land within a specific area of the Trinity floodplain called the
Regulatory Zone, which is similar to the 100 -year floodplain.
As of the adoption cf the 3rd Edition of the Corridor
Development Certificate (CDC) in September 2002, no CDC
regulatory map was available for consideration by the Flood
Management Task-Force or the Trinity Steering Committee,
Instead, the interpretation by the local CDC Administrator of the
FEMA 100 year floodplain was to be used as the "regulatory
zone" The Federal Emergency Management Agency (FEMA)
.mapping information can be viewed atthe FEMA Map Service
Center (www.msc.fema.gov). Howaver, the floodplain
administrator will provide the final determination on projects
subject to the CDC Process.
3/5/2009 B -9 Working Copy
Question 41
Changes to 100 -Year Water Surface Elevation
Will the project require work in the 100 -year
floodplain and change the function and flow and
the existing floodplain? Information on the Federal
Emergency Management Agency (FEMA) 100 -
year floodplain can be found at:
http://msc.fema.gov/webapp/wcs/stores/serv]et/Fe
maWelcomeView?storeld =1 000 1 &catalogId =1000
1 &langId = -1 &userType =G.
Question 41A
Coordinated with the Local Floodplain
Administrator and USACE
Coordinate with the local floodplain administrator
(or USACE on their regulated lakes) for potential
impacts and changes to the 100 -year floodplain.
Vegetation
Question 42
Impacts to Existing Vegetation or Trees
Will the project remove or impact ground
vegetation (such as grading) or completely
remove any trees?
Question 42A
Mitigation
Removal of vegetation and trees should be
mitigated per local municipal laws (i.e., tree
ordinances, open space ordinances, and
landscaping requirements) and should be include
in the construction plans.
Question 42B
Types of Mitigation
Check if any of these statements will be included
as part of the project: avoidance of vegetation
disturbance, mitigation for vegetation and trees,
native plants used to for revegetation, xeriscape
(drought - tolerant plants) used in landscaping, and
following local landscaping aesthetic
requirements.
Air Quality
Question 43
Air Quality Improvement
Air quality improvements, derived from
transportation projects, are generally relate to
improvements in the movement of traffic.
Typically, transportation improvements that would
Appendix R: Instructions for Environmental
Review Checklist for Local Projects
improve air quality include improvements to help
reduce congestion and improve traffic flow,
improve transit service, or encourage ridesharing
or promotes other travel modes.
Question 44
Air Quality Sensitive Receivers
Are there any air quality sensitive receivers
immediately adjacent to the project? Sensitive
receivers are defined as public and private
schools, licensed day care facilities, hospitals, and
elderly care facilities.
Question 45
Air Quality during Construction
Will the construction plans include specifications
require making reasonable effort to comply with
local, state, and federal regulations, pertaining to
construction equipment emissions and /or
construction equipment work hour restrictions?
Regulated Materials
Question 46
Visual Inspection
Has a visual inspect of the proposed project area
been conducted to search for hazardous materials
(i.e., leaking drums, stressed or dead vegetation
from some unknown contamination).
Question 47
Right -of -Way Acquisition from Regulated
Material Sites
State if the proposed project will require additional
property from a site handling regulated materials
(e.g., gas station, dry cleaner, auto repair) or is
located near a known site of hazardous materials.
Question 48
Construction Spill Prevention /Response Plan
State if the implementing agency has a
contingency plan for preventing construction spills
and a response plans for accidental discovery of
hazardous and /or contaminated materials.
Question 49
Regulated Materials during Construction
State if the current construction plans follow all
applicable laws and regulations for hazardous
materials on the construction site.
3/5/2009 B -10 Working Copy
CONSTRUCTION IMPACTS
Question 50
Construction Time
What is the estimated time of construction?
Question 51
Access and Detours during Construction
Will the construction of the project limit access
and /or require detours? If yes, describe the
impacts and how they will be minimized or
mitigated during construction. Include the
locations, duration, types of businesses or
properties affected, and proposed mitigation (e.g.,
additional signage, temporary driveways) to
lessen impacts.
Question 51
Notification of Access Changes and Detours
during Construction
List the types of facilities or services that could be
impacted during construction. List how property
owners, renters, motorists, transit riders, cyclists,
pedestrians, emergency service providers, and/or
community services (e.g., garbage collection) will
be notified of the construction project, changes in
access during construction, or detours.
Question 53
Noise Impacts during Construction
Are there any noise sensitive receivers near
construction area or along the detour routes?
Noise sensitive receivers are defined as those
lands which require serenity and quiet, and where
the preservation of those qualities is essential if
the area is to continue to serve its intended
purpose. An example of a sensitive receiver is an
outdoor theater.
Question 54
Mitigation of Noise Impacts during
Construction
Will the construction plans include specification
requiring the contractor to make reasonable effort
to minimize construction noise through abatement
measures, such as work -hour controls and proper
maintenance of muffler systems?
CERTIFICATION
Have the completed form signed by an authorized
person. Include the date, printed /typed name,
and title.
Appendix B: Instructions for Environmental
Review Checklist for Local Projects
ATTACHMENTS
As appropriate include the requested attachments
to the form. These could include: Location Map,
Railroad Agreement (Question 15B), THC
Antiquities Permit (Question 23, 24), THC
Coordination Letters (Question 25), USFWS
Coordination Letters (Question 28B), USACE IP
Coordination Letters (Question 3413), and /or
Floodplain Coordination Letters (Question 41 B).
3/5/2009 B -11 Working Copy
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