Loading...
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 Page 1 of 8 H- WisoMank PormAGENERAL CONDITIONS -ARCIM ENGINEER Revised 052209.doo Revised 5 -30 -02 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 Page 2 of 8 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. Page 3 of 8 H:1Mis"lank FonnsIOENERAI, CONDITIONS- AkCHrMCT- ENCiINEEIi Revised 052209.dm Revised 5 -30.02 316 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 $3 million professional liability insurance policy. Payment for Basic Services listed in Exhibit 3 shall be made monthly based on proportion of services performed within each phase of work. Payment for Additional Services and reimbursable expenses listed in Attachment A shall be made monthly based on statement of services rendered or expenses incurred. Please contact me if you need further information. Respectfully Submitted, M. Wagnon, P.E. CEO Graham Associates, Inc. TBPE Firm 417-1191 Summit Office Park 1300 Summit Ave., Suite 419 Ft. Worth, Texas 76102 -4418 (817) 332 -5756 Fax(817)336 -6909 Centerpoint Three 600 Six Flags Drive, Suite 500 Arlington, Texas 76011 -6356 (817) 649 -1914 • Metro (817) 640 -8535 FAX (817) 633 -5240 Chase Bank 3200 Broadway Blvd, Suite 268 Garland, Texas 75043 -1571 (972) 840 -6671 FAX (972)- 840 -6671 PQ y GJ O rA E O !q Eg Cl IV 0 U uo i LAP, C N Iq Ln io% U �A 1­4 U V4 O C'4 0 -i 9b m CL 6P, pq Pal ll� Ln cu Ci rn WD I 0 cl cl l5q 0 e 'Eol bq Ln Ed y GJ O rA E O !q Eg Cl IV 0 U uo i LAP, C N Iq Ln io% U �A 1­4 U V4 O C'4 0 -i 9b m CL W b,O .� 4-1 Is r--1 m cuo C) 4-J bi) tv Pq wo, 0 bA PQ CO LM . I cc$ O fi > m V) cn cu CY) NiO O CO 0 FR H3 O g, I 44 'A o ry Ln GJ Cd VC t 0 cd mi e 1 4J fn W o sf� bo 0 o u 10) Ln 0 , i, N C) N C) Cq M LM 0) LO fA N 6q r4 Ue -TRIP gma r oohZW Ir - Ell . Ki rA uo co MIN O tLo C: LLI 4- O 0 E- U 0 'a >- X E Lu aj 41 aj Ln u -0 4! =5 C: -0 S V) w . L) Lu Ln Ln O LM Ln O C) CLO m a. 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 1 1 2 12 2 3 6 8 18 0 97 1 30 31 128 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 a+ q G �u � G >P.n rGr aG3 v h N s, a b0 � CC _. C � CC bD C Q u m z I 5 � rl J Cd uQ j.C7 � � t oa 8 cs °9 o c W CL A W o d �oW uVi a�i c T�-�U�2 ca In Lil G bb bD bD v CP R W '41 G cd ti i "t• � 7 ti Cl N s, a b0 � CC _. C � CC bD C Q u m z I Cd uQ j.C7 d oa 8 cs °9 o c W CL A W o d �oW uVi a�i c nuo Lil vi 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. M L W U E 3 Q O fC m d 0 O m O n M fq � d 3 M G d p N � U N y r � U d � ( d l6 C c O C d D O U m m 1-r 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 GO d c -a d y E � v N m v QLL 4 a t W 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 9 8 fla O Zz Hal zy zm iamb zx I t IS. 1. 1. I 2 0 -1 g g g I t IS. 1. 1. I t 2 0 g g g 8 8 I t 2 0 I t 9 g 9 d x » » 9 » $ $ $ a $ $ $ 8 e e e e N 8 8 8 8 8 N o IR So 8 $ 8 $ 9 4 a x a w ai � Pi. x x x w w a w x ar x x w 9i x w H w w w So w 1. w 1. » Se $ g e 8 $ $ 8 H e e m m m m m m m m ry m N m m m m m m m °a m y 0. 0 x .. -+ tq J ,� o a d GL m F 7 > i x J N cs 6 cl � \ � } � \ \ Id } } § / _ , ` �� \}b�� � � k S 0 pa4 ° 8 B 8 8 8 a 8 8 8 8 8 a 8 a a z .a s N, s a s s a m'�»�5 a5 ° :5 v e _ ILL � F d •a � 9 8 a • R 8 a a G .d a a. 8 @ a g g a a. g 9 a a 8 a a a �a a4 s ^ � as p pp S p aai ° y a a 4 y s i3; a s 5t a fF s a 4 � . n . • • �3 . m o ? o . `i m l � x 14 �, i� � •4 � i� as a gga ag i� as s a �a° 3� .e Ills �� O O as '12 . N o zE Rg mg g a FL W I`l N c'1 a Z; �'gN � �� w w w N 4 w N H • g�-j 0 pi .a N f� O m V Sf_7 N63(_ V8 Zk� ° a� d rl ° a p m L) RN C q Ni I lo, 71 U-5 Ps z ;��Q A 11 H, A. 1 a al o Z 6 EE_2� ed )k 0 W W li4 2.5 PQ rA N F, ti LE o- NP c'A zx PEI Imo A. z Q5 4=0 .4p I NX INE IM 2K m L) \ k \ x§ w 2 GE §d Id ■ � } /E| � §\ d \ 7 a � k k \ k � \ ) - � e - / k . � §] !\ | ® $m ; )!2 � Id , {| ) 7 , ! . } { « { ;2 k\ } } , F w7 a p7 i`j VA" z eE ZM co Z z I.A z SS VON 1 s "A 12 1 s "A 12 �d M,y „ y � f w ENA, $ IV, .f d@ z s5, 3 T: u E� 4 opTd�° I RA �� I ro� q•� s °`s w ao x 1 me °• �y 9�5_a H lF�'i_I T � N n yy 9 ya %9z o an 9 g �II� FFGsT� ,�3 �e5 f 111 "Sg 9 9 a <S A� I ON'. a 8%a. °�a 1-- v° 9,H ETA 1 ya ano �O wy�,9q m'>u T a�C -oaf �r$ ou a "a° i�a74 m�