2013-202ORDINANCE NO. 2013-202
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 WEST TO
INTERSTATE HIGHWAY 35 WEST IN AN AMOUNT NOT -TO- EXCEED $331,565;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 5331- 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 design and engineering services in the amount of $331,565, relating to the widening of
Vintage Boulevard from Bonnie Brae Road West to Interstate Highway 35 West; 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 5331 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 -L-�� day of _ Aua 11 .12013.
MARK A. BU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR D AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
2 -ORD -File 5331
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
2013, by and between the City of Denton, Texas, a Texas municipal
corpMation, 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 — Bonnie Brae to IH 35 - 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 alignmentof 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.
B. Preliminary Design Construction Plans
Task 1: Vintage Blvd. - Bonnie Brae to IH 35W— 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.
C. PreliminM Right -of -Way Documents, 60% Plans for Vintage Blvd. Bonnie Brae
to IH 35
Task 1: - Right -of -Way Determination for the project streets - In conformance
with City and State standards, Design Professional shall survey, render field
notes, and prepare detailed plans (right -of -way strip maps) and individual parcel
exhibits for any additional right -of -way and/or easements, including temporary
construction easements, needed. Design Professional shall also set control points,
which shall be based on NAD -83, on both sides of the road. The required items
are necessary for the acquisition of right -of -way required to construct Project.
This information shall be required prior to acceptance of final construction plans.
Task 2: Vintage Blvd - Bonnie Brae to IH 35 (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.
2
11. Drainage area maps.
12. Hydraulic computations.
13. Water and sewer plan
14. Culvert layouts.
15. Storm sewer layouts.
16. Utility exhibits.
17. Illumination layouts.
18. Signing layouts.
19. Pavement marking layouts and delineation.
20. Erosion Control layouts.
21. Cross - sections.
The preliminary plans will include water, sewer, and drainage improvements
design, and preliminary work on utility relocations.
D. Final Construction Plans
Task 1: Final Design Construction Plans (90% Plans) — Vintage Blvd. - Bonnie
Brae to IH 3 5
1. Construction plans.
2. Bid proposal.
3. Special specifications as required.
Task 2: 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 - Bonnie Brae to IH 35
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.
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
I
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 $331,565.00 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 $175,535.00.
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 $151,030.00.
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.
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 FER WALTERS C TY SECRETARY
BY h.l� _ 7,4)A J.( 2J.[ .d Jl
ago
MEE...�i� ...._
ATTEST
BY:
6
CITY OF DENTON, TEXAS
A Municipal Corporation
BY:
GEORGE C. CAMPBELL
CITY MANAGER
GRAHAM ASSOCIATES, INC.
A Corporation
BY:
W. JEF I AMS, P.E.
PRESIDENT
Exhibit x
CITY OFDENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERl31G SERVICES
ARTICLE 1. ARourizCr OREl1`GINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "AgreemenfI and proposal (the'ProposaV) to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional') or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 ofthese General Condiians as modified by the Agreement and Proposal (the "Services ").
1,2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of caro and skill ordinarily
exercised by members ofthe same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the' Degree of Care). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress ofthe Project
Upon request of the Owner, the Design Professional shall submit for the Owners approval a schedule for the performance ofthe Services mWohmay, be adjusted as the Project
proceeds, and shall include allowances for periods oftime required Zr 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 shall not, except for reasonable eausq. be exceeded by the Design Professional or Cmrter, and any
adjustments to this schedule shall be mutually acceptableto both parties.
ARTICLE 2 SCOPE OFBASIC SERVICES
3,1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist ofthose described in Sections 21 tluough2.6 of these General Conditions and include
mithoutlimitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete anc accurate set of
Construction Documents, as described by and required in Section,24. The Basic Services may be modified by the Agreement
2.2 SCHEN1ATICDESIGNPHASE
2.2.1 The Design Professional, in consultation with the Owner, 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 Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subjcot tothe limilations set forth in Subsection 5.2,1,
213 Tho Design Professional shall mviewwith the Owncr alternative approaches to design and construction of theproject
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, fbr approval by the Owner,
Schematic Design Documents consisting of drmvings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate oompliance withall applicable laws, statutes, ordinances, codes and regulations.
2.15 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of ti me from the
commencement to the completion of construction.
23 DESIGN DEVELOPIvIENTPHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Ownerin thoprogram, schedule or construction budget the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fur and describe the size 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. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will besufiioient and adequate to fulfill thepurposes of the Project
2.3.2 The DesigaProfessional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statementas described
in Section 2.2.5.
2.4 CONSTRUCTIONDOCUMENTS PRASE
2.4.1 Based on the approved Design Development Documents and any further sdju>,shnents in the scope or quality of the Project or in the construction budget
authorized by die Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawwings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinences, codes and regulations.
2.41 The Design Professional shall assist the Owner in the preparation ofthe, necessary bidding or procurement information, bidding of procurement fours, the
Conditions ofthe Contract, and the form ofAgreement between the Owner and contractor.
24,3 The Design Professional shall advise the Owner ofany adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions,
2AA The Design Professional shall assist the Owner iri connection with the 0wner's responsibility for filing documents required for the approval of govemmentat
authorities having jurisdiction overthe Project
2.5 CONSTUCTION CONTRACT PROCUREMENT
241 The Design Professional, following the Chmerrs 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 througif any procurement method that is legally applicable to the Project including without
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limitation, the competitive sealed bidding process. Although the0mierwillconsidertheadviceoftheDesignProf essional, theawardoftheconstructioncontractisin
the sole discretion of the Owner,
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth 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 Ste Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost setforth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE -"AC ISTRATIONOFTALCONSTRUCTIONCONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award oftheContract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, uniess extended under the terms of Subsection 8.3.2,
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement For engineers the administration shall also be in accordance with the-
Standard Specifications forPubliolftiks Constructionbythallorth Central Texas Counoii ofGovemments, current as ofthe date ofthe Agreement, uniess otherwise
provided in the Agreement.
2,63 Construction Phase duties, responsibilities and limitations of authority ofthe Design Professional shall not be restricted, modified or extended without written
agreement ofthe. Omer and Design, professional.
2,6A The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Ow'ner's direction from
time to time during the correction, or warranty period described lathe Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided inthe Agreement and these General Conditions, unless otherwise modified by written instrument
2.6.5 The Design Professional shall observe the construction site at least one time it week, while eonshuotion is hn progress, and as reasonably necessary while
construction is not in progress, to become f imiliarwith the progress and quality of the work comp[oted and to determine If the work is being performed in a manner
indicatingthattheworkwhencompletedw illbeinaccordancewiththeContractDocuments, Design Profhssional shall, provide Owner awrittenreportsubsequentto
each on -site visit On the basis of oil-situ observations the Design Professior>ai shall keep the Owner informed of the progress and quality of the work, and shall
exorcise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies to the work of Contractor or any
subcontractors. The Design Professional represents that how:ill follow Degree ofCBre in performing all Services under the Agreement TheDasignprofessionalsw
promptly correct any defbeHvo designs or specifications furnished by the Design Professional at no cost to the Owner, The Owner's approval, acceptance, use Of or
payment for all or any part ofthe Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professlonal's obligations or the
Ownees rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences Or
procedures, or for safety precautions and programs in connection with the work The DesigaProfessional shall not be responsible fbr the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may restdt from Design Professional's negligent acts or omis-
sions. The Design Professional shall not bavo control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
otherpersons performhngportions ofthawok
2,6,7 Ilt, DasignProtessional shall at alltimes have accessto thoworkwherever it is in preparation or progress
2.63 Except as may otherwise be provided to the Contract Documents or when direct communications have been specialty authorized, the Owner and Contractor
.shall communicate through the Designproibssiwal. Communlue6onsbyandwith theDesignprofcssional' sconsultantsshallbethroughtheDesign Professional.
249 Based on the Design PrOfessional's observations at the site of tho work and evaluations ofthe Contractor's Applications for Payment, tho Design Professional
shall review and certify the amounts duo the Contractor.
2.6.10 The Design Professional's certification, for payment shall constitute a representation to the Owner, based on the Design Professional's observations aathe site as
pro�tided in Subsection 2.6.5 and on the data comprising doe Contractor's Application for Payment; that the work has progressed to the point indicated and that the
quality 0 Work is in accordance withiho Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
reelable prior to completion and to specific. qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall "er constitute a
representation that the Contractor is entitled to payment In the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1)reviewcdconstrw.:don means, methods, techniques, sequences orprocedmes, or (2) ascertained how or fonvhat purpose the Contractor
has used money previously paid on amount ofthe Contract Sum.
2.6.11 The Design Professional shalt have the responsibility and authority to rejectwork which does not conform toe Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation ofthe intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the urk in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed rise or
completed. However, neither this authority ofthe Design Professional nor a decision made in good:Wth eitherlo exercise or not exercise such authority shall give
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
perforating portions of $0 work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractors 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 wort , when
completed, will be in compliance with the 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 sufficient time in the Design Professional's professional judgment to
permit adequate review. review of such submittals is not conducted for the purpose ofdeternining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating htstruotions for installation or performance of equipment or systems designed by the Contractor, an of which remain the
responsibility ofee Contractor to -he extent required by the Contract Documents. The Design Professionals review shall not constitute approval Of safety precautions
or, unless otherwise specifically stated bytho Design Professional, of construction means, methods, techniques, sequences or procedures. Tho Design Professional's
approval of a speoific item shall not indicate approval of an assembly ofAvhich the item [s a component: Whenprofessional certification ofperformance characteristics
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of materials, systems or equipment is required by the Contract Documents, the Design Professional shell be entitled to rely upon such certifieation to establish that the
materials, systems or equipment will meet the perfomanea criteria required by the ConhactDocuments,
2,6,13 The Design professional shall prepare Change Orders and Construction ChangwMectives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.33, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents,
2.6.14 On behalf of the Cnvner, the Design Professional shall conduct inspections to determine the dales of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements ofthe ContractDocuments.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concemingperformaneeof the. Owner and Contractor under the requirements
of the Contract Documents onwrittonrequest of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness ands +ithin any time limits agreed upon.
2.6.16 interpretations and decisions of die Design Professional shall be eoissislentwith the intent of and reasonably inferable from the Contract Documents and shall
be invvriting Orin the form of drawings. When making such interpretations and initial decisions, the-Design. Professional shall endeavor to securefallhful peribmtance
by both Ownerand Contractor, and shall noebo liable for results or interpretations or decisions so rendared in good faith in aocordance with all the provisions of this
Agreement and in the absence ofnegligence.
2.6.17 The Design Professional shall render written decisions whhin a reasonable time on all claims, disputes or other matters in question between the Owner end
Contmctorrelatingto the execution orprogress of thowork as provided in the ContractDocumenls.
2.6,18 The Design Professional (I) shall render services under the Agreement in accordance with the Degree of Caro; (2) willreimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknouv4edging payment by the Owner of any fees due, shall not be released from any
rights theOwnermay havetmdertheAgreement ordbnWsh any of the Design professional's obligationstheteunder.
2,09 The Design Professional shall provide the Owner-with four sets of reproducible prints shouting all significant abongcs to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.l 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
ftncr 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 coiTnmed in writing by the Owner. if services described under ContingentAdditional Services in S action 3.3 are required due to circumstances beyond
the Design Professional's control, the Design ProtBsstonal shall notify the Owner in writing and shall not commence such additional services until it receives written
approval-from the Cramer to proceed. If the Owner indicates in writing thatall or part of such Contingent Additional Services are notrequired, the DeslgnProfessionat
shall havo no obligation to provide those services. Owner will be responsible for compensating the Design Profissional for Contingent Additional Services only if
they are not required due to the negligence or fault ofDesign ProfessionaL
3,2 pROJECf REPRESENTATION BEYOND BASIC SERVICES
3.11 If more extensive representation at the site than is described in Sabseotion 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on•site responsibilities.
312 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 MakingmaterIal revisions irtDramingg, Spcolfications; or other documents vilion such irevisions are:
1. inconsistent uvith approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner`s
program or Project budget;
2. requiredbytheenaotmentorrevisionofcodes, laysorregulationssubsequenttothepreparaionofsuchdocuments ,or
3, due to changes required as a result of6a Owners failure to Tender declsionina timely mamer.
33.2 providing services requited because of significant changes in the Project inoluding, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3,33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3,14 Providing consultatton concemingreplacement ofvvork damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3,5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure ofperformancc
of either tho Oameror Contractor under the-Contract for Constructiom
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3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others In connection with the work
3.3.9 Providing services in conneotionvrith a public hearing, arbitration proceeding or legal proceeding except Nvherethe Design Professional is patty thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction priorto the completion ofthe Construction Documents Phase.
3.3.9 Notwithstanding anything containedin the Agreement, Proposal or those Goneral Conditions to the contrary, ail services described inthis Article 3 that are
caused or necessitated in whole or in part due to the negligent actor omission of the Design Professional shall be performed by theDesign Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. Tha
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.41 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospootive sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project
14.4 Providing servicesrelative to fiture facilities, systems and equipment
3.43 Providing services to investigate existing conditions or facilities orto make weasureddrawingsthereof
3.4.6 Providing servieesto verify the accuracy ofdrawings or other information famished by the Owner,
3.41 Providing coordination of conshuction performed by separate Contractors or by the Owner's ownforees and coordination ofservices required in connectionwith
construction performed and equipmentsupplied by tho Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equiprawtand labor.
3.4.9 Providing analyses of operating and maintenance costs,
3,4.10 Malting investigations, inventories of materials or equipment orvafuations and detailed appraisals of existing Aefildes.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing adjusting and balancinr, preparation of operation and maintenance manuals,
training personaetfor operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required fbr or in connection voth the selection, procurement or installation of furniture, furnishings and related
equipment
3.4.14 Providing services other than as provided In Section 2.6.4, after issuance to the Owmer of the final Certificate for Payment and expiration of the Warranty
period ofthe Contract fbrConstruclion.
3.4.15 Providing services ofconsultants for otherthan architectural, civil, structural, mechanieal and electrical engineering portions of the Projeetprovided as apart of
Basic Services,
3.4,16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproduofble, record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during eon-
struction based on marked -up prints, drawings and other data famished by the Contractor to the Design Professional.
3.4.18 Nomithstanding anything contained in the Agreement, Proposal or these General Conditions to the, contrary, all services described in this Article 3 that are
caused or necessitated to whole or In part due io thenegligent actor omission of the Design Professional shall be performed by the Design Professional as apart ofthe
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
Intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 34.1 S.
ARTICLE 4 ONWER'S RESPONSIBILITIES
4.1 Tho Owner shall consult with this Dasign Professional regarding requirements for the Project including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, ftexr'bifity, expendability, special equipment, systems and site requiremcnts, as more specl-
faeally described in Subsection 211.
4.2 The Owner shall establish and update an overall budget for the Project; Including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all ofthese costs.
4.3 If requested by the Des1pprofessional, the lit +ner shall 1 mtish evidence that financial arrangements have been made to fWfd[ the Owner's obligations under this
Agreement
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H:Wiso\DIank l; ormAGENEItAL CONDIITONS-ARCHNECT- ENGINEER Revised 052209.doc Revised 5.30.02
4.4 the Owner shall designate a representative authorized to act on the Ovrnees behalf with respect to the Project. The Owner or such authorized representative; shall
ronder decisions in attmely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress oftheDesigaProfesstonal's services.
4.5 Where applicable, the Owner shall flrmish surveys describing physical charactedstics, legal limitations and utility locations for the site ofthe Project, and a Written
legal description of the site, no surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjottdng 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 mid below grade, hrcluding inverts and depths. All the information on the survey shall be referenced to a projectbenchmadc
4.6 Where applicable, the Owner shalt famish the services of geotechnical engineers whon such services are requested by the Design Professional. 5u61rserviM may
include but Pro not limited to test borings, test pits, determinations ofsoll bearing values, percolationtests, evaluations of harardous materials, ground corrosion and re-
ststivitytests, including necessary operations for anticipating subsoil condttions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall famish the services of'otherearsultants when. such services arercasonably required by the scope ofths Project and are requested by ilia Design
Professional and are not retained by the Design Professional as part ofifsBoslo Services or Additional Services,
4.7 When not a part of the Additional Services, the Omer shalt furnish structural, mechanical, chemical, air and water pollution tests, tests ofhazardous materials,
and otherlaboratory and environmental tests, tnspections and reports required by law or the ContraotDomments.
4.8 The Owner shall famish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may requko to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf ofthe Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumislted 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 Design Professional.
4.10 The Owner shall give promptwdttenuoticetotheDesignProfessionallftheOwnerbecomesawareofanyfaultordefectintheprojeetornonconformence with
the ContmetDocuments.
4,11 Design Professional shalt propose language for certPfieates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit suohto the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees notto request certifications that would requiro
knowledge or sorvleesbeyond the scope of the Agreement
ARTICLES CONSTRUCTIONCOST
5.1 CONSTRUCTION COST DXFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by ate Design Professional.
512 The Construction Cost shall include the cost at currentmarket rates of labor and materials Armished by the Owner and equipment dosigried, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con -
tingencles shall be irroluded for market conditions at the time of bidding and for changes in thev%ork during construction.
5.1.3 Construction Cost does not Include the compensation of the Design Professional and Design Professionars consultants, the costs of the land; rights -of -way,
financing orothercots Which are the responsibility of the Owner as provided in Article 4.
5.2 IMPONSIBILTTY FOR CONSTRUCTION COST
5.2.1 Evaluations of tha Ownees 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 a design professional familiarwith the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods 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 Owner's Project budget 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 oftho Agreement by the flrmishing proposal or esiabiishmout ofs Projectbudget, unless
suclrfixedlimithasbeenngrcMuponinwritingandsignedbythepartiesthereto. Usuchafixedlimitlrasbeenestablished, theDesigaProfessionalshallbepermitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and typos of eonsftuetion are to be
included to the ContraotDocuments, to make reasonable adjustments in the smpo of the Project and to include in the Contract Documents alternate bids to adjust the
Constnsotion Costto the fixed limit Fixed limits, ifany, shall be increased in the amount ofan increase in the Contract Sum occurring after execution of the Contract
for Construction.
513 If the Procurement Phase has not commenced vAtWn 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budgetorfixed limit ofConstruction Cost sholtbe adjustedto reflect changes In thegenecal level ofprices in the construction industry between the date ofsubmission
of the Construction Documents to the Owner and the date on which proposals are sought
ARTICLE 6 0'4VNERSW AND USE OF DOCUMNTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of tho Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement The Design Profbssional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the.information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relatingto their use in thatprojeet
Page 5 of 8
H:iMiseWankFormAGENERAL CONDITIONS- ARCHITECT- rNGINEERRevksed 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 ofthe Design Professional's reserved rights.
ARTICLE7 TERiI WATION, SUSPENSION ORABANDONM[ENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereoflvith 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 of such
notice. Before the end ofthe thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt ofsuch notice, No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon torminadon of the
Agreement and shall bepromptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a newDesign Professional for continuation
ofservices on the Project, Design Professional shall cooperate in providing information.
7.2 If tha Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily perfbnned prior to
notice ofsuch suspension. When the Project is resumed, the Design Professionors c6mpensatlon shall be equitably adjusted to provide. for expenses incuired in the interruption
and resumption ofthe Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days -mitten notice to the Design Professional in the event that tha Project is permanently
abandoned Ifthe Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving valtten
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with theAgreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design ProfessIonatwithia thirty (30) days of receipt of a statement for services property and satisfactorily performed, the Design
Professional may, upon severtdays writtonnoticato the Owner, suspend performance ofservicestmderthe Agreement
7.6 In the. event oftermination not the fault of the Design Proissioml, ft Design Professional shall be compensated for services property and satisfactorily performed prior to
termination
ARTICLES PAYAMNTSTOTHEDESIGNPROMSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefilg insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
81 I IAMURSABLE EXPENSES
8.2.1 Reimbursable 13xpenses are in addition to compensation for Basio and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employcos and consultants in the interostof the Project, as identified in thefolloNving Clauses,
8.711 Evense of transportation in connection with the Project expenses hi connection with authorized out-of-town travel; long- distmec. communications;
and fees paid for securing approval of authorities having jurisdiction over the Project
8.2.11 Expense of reproductions (except the reproduction ofthe sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Speelfications and other documents.
8.213 Ifauthori2ed in advance by the Owner, expense of overtimewrork requiring higher thanregularrates.
8.2.1.4 Expense of renderings, models and mock ups requested by the thtmer.
S.2,1,5 Expense, of computer -aided design and drafting equipment-time when used in connection with the Project
8.2.1.6 Other expenses that are approved in aftice in writing by the Owner,
83 PAYMENTS ON ACCOUNT OF HASIC SERVICES
8.3.1 Payments for 8asio Services shall be made monthly and, whcro applicable, shall be in proportion to services performed within each phase of service, on the
basis setforth in Section 2 of the Agreementand the schedule of work
812 If and to the extent that the time initially established in the Agreement is exceeded or extendedilrough no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the mannerset forth in Section 2 of the Agreement.
8,3,3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensatioafor
those portions of the Project shall be payable to the extent services are performed on those portions, to accordance with the schedule set forth in Section 2 ofthe
Agreement basal on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate ofConshuction Cost for suchportions ofthe Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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H :NlsolBlm* FormAGBNERAL CONUIT IONS - ARCHITECT- i'NOINE£Rkevised 052209.doo Revised 5.30.02
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement ofservices rendered or expenses incurred.
8.5 PAYMENTS O91'r11IMI) No deductions shall be made from the Design Professional's compensation on account ofpenalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost ofethanges in the work other than those for which the Design Professional is responsible.
ARTICLE 9 INDEMNITY
93 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employers from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the riegiigent acts or omissions of the Design Professional or its officers,
shareholders, agents, oremployees inthe performance of the Agreement.
9.2 No"&herein shall be construed to create a liability to any person who Is not a party to the Agreement, and nothing herein shall rive any of the parties' defenses,
both at law or equity, to any cldim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Hest
Rate Carriers of at least an A or above;
10.1 Comprehensive General Liability Insuranee with bodily injury limits of not less than $1,000,000 for each occurrence and not less than S2,DD0,000 in tho aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate,
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and ivith property
damage limits ofnot less than $100,000 for each accident
10.3 Worker's Compensation 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.
115 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance edth this Article 10 at the time
of the execution of theAgrrement. The General. Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, tine Workers'
Compensation policy shall contain a %vaiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional, in such event, the Design Professional shall, prior to the effective date ofthe
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11,1 The Agreement shall be governed by the laws ofthe State of Texas, Venue of any snit or cause of action trader the Agreement shall He exclusively in Denton County,
Texas.
11.2 The Owner and DeslgaProfessional, respectively, bind themselves, thou partners, successors, assigns and legal representatives to the oflier party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement no Design Professional shall not assign its
interests in the Agreementwithoutthe written consent ofthe Owner,
11.3 The term Agreement as used herein Includes the executed Agreement; the Proposal, these General Conditions and other attacluncnts referenced in Section 3 of tho
Agreement which together represent the entire and integrated agreement behveen the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written Instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced inISection 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. Howeve, should die provisions ofthese documents be. in conflict sothatthcy can not be reasonably harmortized,
such doctunents shall be given priority in the following order.
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either tho Omer or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall havethe right to include representations of the deslgrr of the Project, including photographs
of die exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not Include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional In writing of tho specific information considered by the Owner to be confl-
dentialorproprietmy. The Owner shall provide professional credit for the Design. Professional on die constnrctl on sign and in the promotional materials for the Project
11.6 Approval by the Owner shall not constitute, nor be deemed arelease ofthe responsibility 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 S
H.XMiseTlank FormsIGENE1tAL CONDITIONS- ARCHf1ECT•ENGINEERRevised 052209.doc - Revised 5.30.02
11,7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
some in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11,8 Tfany provision ofthe 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 Nvith a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11,9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or heretnafler be amended during the term o£this Agreement.
11,10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on. the basis of race, color, religion, sex,
national origin or ancoshy, age, or physical handicap,
11,11 The captions of the Agreement are for informational purposes only, and shall not in any tvay affect the substantive terms or conditions of the Agreement
Page 8 of 8
H:1MisMlank Forms\GW.RAL CO\rDMOPIS- ARCHMCT BWC7 ;ER 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. Widening and Improvements —
Bonnie Brae to IH 35
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. from Bonnie Brae to IH 35. 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. - Bonnie Brae to IH 35 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 M. Wagnon, P.E.
CEO
Graham Associates, Inc. TBPE Firm #F -1191
Summit Office Park
1300 Summit Ave„ Suite 419
Ft. Worth, Texas 76102 -4418
(817) 332 -5756
Fax (817) 336 -6909
Centerpoint Three
600 Six Flags Drive, Suite 500
Arlington, Texas 76011 -6356
(817) 649 -1914 • Metro (817) 640 -8535
FAX (817) 633 -5240
Chase Bank
3200 Broadway Blvd. Suite 268
Garland, Texas 75043 -1571
(972) 840 -6671
FAX (972) -840 -6671
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Exhibit 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 11
$80.00
Landscape Architect I
$66.00
Lic. Irrigator
$70.00
CAD Technician
$70.00
Clerical
$60.00
Landtcc 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
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,
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
Exhibit 2 - Attachment B
ESTIMATED SHEET TOTALS - CITY PORTION
Vintage - IH 35W to Bonnie
Subtotal Number of Sheets = 119
Cross - Section Plans
Cover 1
Cross - Sections 25
Subtotal Number of Sheets = 26
Total Number of Sheets = 145
Brae
Sheet Description
Number of Sheets
Cover Sheet
1
Quantity Sheets
6
Survey Control Layout
2
Typical Sections
3
Erosion Control
5
Traffic Control
12
Paving Plan /Profiles
8
Driveways
1
Drainage Area Map
1
Runoff Computations
1
Inlet Computations
1
Storm Drainage Computations
2
Drainage Plan /Profiles
7
Drainage Laterals
2
Channel Grading
1
Street Lights
5
Pavement Markings & Signage
5
Traffic Signals
0
Details
56
Subtotal Number of Sheets = 119
Cross - Section Plans
Cover 1
Cross - Sections 25
Subtotal Number of Sheets = 26
Total Number of Sheets = 145
Exhibit 2 - Attachment B
Right -Of -Way Strip Maps
City Right -Of -Way Strip Maps
Vintage - IH 35W to Bonnie
Brae
Sheet Description Number of Sheets
Cover Sheet 1
Parcel Summary 1
Right -Of -Way Map Sheets 4
Total Number of Sheets =
Total Number of Sheets for All Plan Sets = 151
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ATTACHMENT D
Vintage Boulevard
From I.H. 35W to Bonnie Brae
Not including improvements to IH -35W Interchange
Summary of Construction Costs
May 15, 2013
Paving, Traffic Control, Erosion Control, Retaining Walls $ 1,388,776.85
Drainage $ 308,481.25
Street Lights $ 161,468.00
Pavement Markings $ 25,458.60
Total $ 1,884,184.70
ATTACHMENT D
PAVING
VINTAGE BOULEVARD
I.H. 35W TO BONNIE BRAE
May 1, 2013
TOTAL $ 1,388,776.85
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.
��f D_ "cry pion a
u"ititjr =Jnit1�
UinJ ti Or J!.
01 Itern,Cost
1
Preparing Right of Way
32
STA
$ 2,250.00
$ 72 000.00
2
Excavation
10,000
C.Y.
$ 4.00
$ 40,000.00
3
Embankment
2,000
C.Y.
$ 3.00
$ 6,000.00
4
Backfill
32
STA
$ 90.00
$ 2,880.00
5
Topsoil
4,167
S.Y.
$ 0.75
$ 3,125.25
6
Block Sodding
4,167
S.Y.
$ 1.80
$ 7,500.60
7
Seeding
5,000
S.Y.
$ 0.30
$ 1,500.00
8
Watering
250
M.G.
$ 7.50
$ 1,875.00
9
Lime Slurry
338
TON
$ 150.00
$ 50,700.00
10
Lime Treatment 12"
16,884
S.Y.
$ 3.00
$ 50,652.00
11
Concrete Pavement 6" Drives
228
S.Y.
$ 47.00
$ 10,716.00
12
Concrete Pavement 12" Vintage
16,527
S.Y.
$ 55.00
$ 908,985.00
13
Barricades, Signs, & Traffic Handling
6
MO
$ 4,500.00
$ 27,000.00
14
Landscape Pavers
1,269
S.Y.
$ 45.00
$ 57,105.00
15
Mono Curb
8,329
L. F.
$ 2.00
$ 16,658.00
16
Sidewalks
100
S.Y.
$ 45.00
$ 4,500.00
17
Hike /Bike Trail
2,098
S.Y.
$ 45.001
$ 94,410.00
18
Curb Ramps
6
EA.
$ 1,500.00
1 $ 9,000.00
19
Erosion Control SWPPP
1
L.S.
$ 21,170.001
$ 21,170.00
20
Capital Improvement Signs
4
EA.
$ 750.00
1 $ 3,000.00
TOTAL $ 1,388,776.85
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.
ATTACHMENT D
DRAINAGE
VINTAGE BOULEVARD
I.H. 35W TO BONNIE BRAE
May 1, 2013
ltem
°,?., ... Deacri tion ...4uantiti
10, „ ,..„
Uni
Uri I�ri
Item Cosh iii
1
18” RCP (CL III)
60
L.F.
$ 32.00
$ 1,920.00
2
18" RCP (CL V)
50
L.F.
$ 60.00
$ 3,000.00
3
24" RCP (CL III)
415
L.F.
$ 45.00
$ 18,675.00
4
24" RCP (CL V)
40
L.F.
$ 69.00
$ 2,760.00
5
30" RCP (CL III)
175
L.F.
$ 60.00
$ 10,500.00
6
36" RCP (CL III)
550
L.F.
$ 80.00
$ 44,000.00
7
48" RCP (CL III )
95
L.F.
$ 106.50
$ 10,117.50
8
10' Recessed Curb Inlet
4
EA.
$ 3,500.00
$ 14,000.00
9
15' Recessed Curb Inlet
4
EA.
$ 5,000.00
$ 20,000.00
10
20' Recessed Curb Inlet
2
EA.
$ 5,500.00
$ 11,000.00
11
"Y" Inlet
2
EA.
$ 2,475.00
$ 4,950.00
12
Manhole Type 1
10
EA.
$ 5,250.00
$ 52,500.00
13
Junction Box Type 1
2
EA.
$ 8,000.00
$ 16,000.00
14
Trench Safety
1,295
L. F.
$ 1.50
$ 1,942.50
15
Bore RCP
90
L.F.
$ 250.00
$ 22,500.00
16
48" RCP Headwall
1
EA.
$ 5,500.00
$ 5,500.00
17
5" Class "A" Concrete Rip -Rap
524
S.Y.
$ 90.00
$ 47,160.00
18
12" Graded Rock Rip -Rap
310
S.Y.
$ 45.00
$ 13,950.00
19
Channel Excavation
250
C.Y.
$ 15.00
$ 3,750.00
20
Remove Headwall
1
EA.
$ 750.00
$ 750.00
21
Remove Inlet
2
EA.
$ 600.00
$ 1,200.00
22
Remove Storm Pie
65
L. F.
1 $ 18.75
$ 1,218.75
23
Cement Stabilized Backfill
25
C.Y.
1 $ 43.50
1 $ 1,087.50
TOTAL $ 308,481.25
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
ATTACHMENT D
STREET LIGHTS
VINTAGE BOULEVARD
I.H. 35W TO BONNIE BRAE
May 1, 2013
altemt
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., Unit ��
UitPrrc .,
�Iteot
We�
1
35' White Concrete Street Light Pole
20
EA.
$ 3,000.00
$ 60,000.00
2
Pull Box
6
EA.
$ 525.00
$ 3,150.00
3
2" PVC Conduit
2,760
L.F.
$ 4.15
$ 11,454.00
4
2" Rigid Metal Conduit
1,100
L.F.
$ 6.75
$ 7,425.00
5
Bore 2" Rigid Metal Conduit
500
L.F.
$ 17.25
$ 8,625.00
6
Street Light Pole Foundation
20
EA.
$ 788.00
$ 15,760.00
7
250 Watt Cobrahead Fixture
20
EA.
$ 975.00
$ 19,500.00
8
Electrical Service
2
EA.
$ 825.00
$ 1,650.00
9
#4 Bare Street Light Conductor
4,160
L.F.
$ 2.45
$ 10,192.00
10
1#4 Insulated Street Light Conductor
8,320
L.F.
1 $ 2.85
$ 23,712.00
TOTAL $ 161,468.00
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 D
PAVEMENT MARKINGS
VINTAGE BOULEVARD
I.H. 36W TO BONNIE BRAE
May 1, 2013
�t.em
Y
� . " � ,,.. .,Des ription� � „�:��a
Type IB Double Line
Qit
150
0 Una %t
L.F.
Unite >ce
_.,.
$ 3.00
�It Cos
,s u,...,.......
$ 450.00w
1
2
Type IB Edge Line
600
L.F.
$ 1.50
$ 900.00
3
Type IIIA Barrier Line
450
L.F.
$ 2.00
$ 900.00
4
Type IA Broken Line
10,250
L.F.
$ 1.50
$ 15,375.00
5
Type VA Stop Bar
36
L. F.
$ 6.10
$ 219.60
6
Type IA Broken Line C/R RPM
133
EA.
$ 4.00
$ 532.00
7
r
Type IIIA Barrier Line C/R RPM
45
EA.
$ 4.00
$ 180.00
8
T e 113 Double Line A/A RPM
38
EA.
$ 4.00
$ 152.00
9
Small Sign Assembly
151
EA.
$ 450.00
$ 6,750.00
TOTAL $ 25,458.60
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. IH 35 W to Bonnie Brae Street Improvements Project
(the Project) will include preparation of construction plans and bid documents, opinions of probable
construction costs, identification of right -of -way requirements and necessary ROW acquisitions, Owner
utility relocation, franchise utility relocation coordination, permitting and construction phase services.
ARTICLE I
BASIC SERVICES: GAI shall render the following professional services in connection with
the development of the Project:
A. Conceptual Design
1. Attend a kick -off meeting with the Owner to discuss the various aspects of the project
including planning and design criteria, work program and schedule, procedures of
communication, and assignments of personnel.
2. Obtain from the Owner, franchise utility providers, and the Texas Department of
Transportation (TxDOT) all available record drawings, planning reports, traffic
counts, zoning ordinances, and other data that may be pertinent in considering the
development of the preliminary alignments and the final design of the proposed
improvements.
3. Determine from a field reconnaissance of the project area the general layout of the
land for the improvements including location of existing above ground utilities and
drainage structures.
4. Develop a schematic layout with two (2) roadway route alternatives at critical
locations along the alignment. Submit four (4) copies of the schematic layout to the
Owner for review.
5. 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.
7. 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 Vintage Blvd. - IH 35 W to Bonnie Brae.
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.
3. 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.
Prepare Construction Phasing Plan including pavement phasing, transition segments,
and construction detour plans. Develop construction phasing typical cross sections at
key locations.
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
Prepare final technical specifications and bid documents for the project, including bid
proposal forms (project quantities) of the improvements to be constructed. This
Scope of Services assumes that the project will be prepared using standard bid
documents provided by GAI.
4. Provide quality control by independent review of plans and specifications by Senior
Engineer, not on the design team.
5. Prepare a final opinion of probable construction cost based on recent project unit bid
prices.
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.
Print thirty (3 0) sets of 11" x 17" Plans and Bid Documents and distribute to selected
plan rooms, and to prospective bidders that respond to the Notice to Bidders.
2. Assist Owner by responding to questions and interpreting bid documents. Prepare
and issue addenda to the bid documents to plan holders if necessary.
3. Attend one pre -bid meeting to answer questions related to the bid documents.
4. Assist Owner in the opening, tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder. Recommend award of
contract or other actions as appropriate to be taken by the Owner.
Assist Owner in the preparation of Construction Contract Documents. Provide ten
(10) sets of Construction Contract Documents which include information from the
apparent low bidder's bid documents, legal documents, and addenda bound in the
documents for execution by the Owner and construction contractor. Distribute five
(5) copies of these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction contractor.
Provide Owner with the remaining five (5) copies of these documents for use during
construction. Additional sets of documents can be provided as an additional service.
Furnish contractor copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
7. Attend one (1) pre - construction meeting per bid project to discuss the project
schedule for construction.
S. 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 IH -35W to Bonnie Brae. 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
1. Perform Section 404 Jurisdictional Determination based on USACE guidelines.
2. Prepare Non - Jurisdictional Determination Letter.
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 7.5
months.
A. GAI shall have a Resident Project Representative on the Site. The duties,
responsibilities and the limitations of authority of the Resident Project Representative,
and designated assistants, are as follows:
1. Resident Project Representative is GAI's agent at the site, will act as directed
by and under the supervision of GAI, and will confer with GAI regarding
Resident Project Representative's actions. Resident Project Representative's
dealings in matters pertaining to the on -site Work shall in general be with GAI
and contractor, keeping Owner advised as necessary. Resident Project
Representative's dealings with subcontractors shall only be through or with
full knowledge and approval of contractor. Resident Project Representative
shall generally communicate with Owner with the knowledge of and under the
direction of GAI.
B. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule, schedule of shop drawing
submittals and schedules of values prepared by contractor and consult with
GAI concerning acceptability.
2. Conferences and Meetings: Attend meetings with contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project - related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as GAI's liaison with contractor, working principally through
contractor's superintendent and assist in understanding the intent of
Contract Documents; and assist GAI in serving as Owner's liaison with
contractor when contractor's operations affect Owner's on -site
operations.
b. Assist in obtaining from Owner additional details or information, when
required for proper execution 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.
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.
c. Draft proposed Written Amendments, Change Orders and Work Change
Directives, obtaining backup material from contractor and recommend to
GAI Written Amendments, Change Orders, Work Change Directives, and
Field Orders.
d. Report immediately to GAI and Owner the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with contractor for
compliance with the established procedure for their submission and forward
with recommendations to Owner, noting particularly the relationship of the
payment requested to the schedule of values, Work completed and materials
and equipment at the Site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other
data required to be assembled and 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.
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.
Making revisions to drawings, specifications or other documents when such revisions are
1) not consistent with approvals or instructions previously given by Owner or 2) due to
other causes not solely within the control of GAI.
K. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
L. Preparing data and reports for assistance to Owner in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute
review boards, or other legal and /or administrative proceedings or hearings are caused by
actions or negligence of GAI or one of its subconsultants.
M. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with contractor(s) unless such litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative proceedings in the
defense or prosecution of claims disputes with contractor(s) are caused by actions or
negligence of GAI or one of its subconsultants.
N. Assisting Owner in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT unless such litigation,
mediation, arbitration, dispute review boards, or other legal and /or administrative
proceedings in the defense or prosecution of claims disputes with contractor(s) are caused
by actions or negligence of GAI or one of its subconsultants. Such services, if any, shall
be furnished by GAI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
O. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective construction work.
P. Design, contract modifications, studies or analyses required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
Q. Services required to resolve bid protests or to rebid the project for any reason, unless such
rebid is directly caused by actions or negligence of the engineering professional.
R. Visits to the site in excess of the number of trips included in Article I for periodic site
visits, coordination meetings, or contract completion activities.
S. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
T. Providing services after the completion of the construction phase not specifically listed in
Article I.
U. Providing basic or additional services on an accelerated time schedule. The scope of this
service includes the cost for overtime wages of employees and consultants, inefficiencies
in work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the Owner.
V. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
W. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of GAI.
X. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Y. Provide follow -up professional services during contractor's warranty period.
ARTICLE IV
TIME OF COMPLETION: GAI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
schedule shown as Exhibit 3 of this document.
If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not
limited to delays in Owner or regulatory reviews, delays on the flow of information to be
provided to GAI, governmental approvals, etc. If the project is placed on hold by the Owner for
more than six months, GAI reserves the right to negotiate additional compensation for additional
services related to the delay.
ARTICLE V
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so
as not to delay the services of GAI:
A. Designate in writing a person to act as Owner's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define Owner's policies and
decisions with respect to GAI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project,
including project objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which Owner will require to be included
in the plan.
C. Assist GAI by placing at GAI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to
completion of the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by GAI, obtain advice of other consultants as Owner deems
appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of GAI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
F. Attend and take leadership role in project progress meetings and other project related
meetings and attend and moderate the public meetings.
G. Give notice to GAI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of GAI's services, or any defect or
nonconformance of the work of any contractor.
H. Contact other departments within the City of Denton and coordinate with them to obtain
record drawings of other utilities, buildings, or infrastructure as needed.
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