2016-054ORDINANCE NO. 2016 -054
CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES RELATED TO THE
RUDDELL STREET REALIGNMENT PROJECT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6064 AWARDED TO
GRAHAM ASSOCIATES, INC. IN THE NOT -TO- EXCEED AMOUNT OF $532,284.25).
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 contract 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:.
SwECTION 1. That the City Manager is hereby authorized to enter into a professional service
contract with Graham Associates, Inc., to provide professional design services for the design of the
Ruddell Street Realignment Project, a copy of which is attached hereto and incorporated by reference
herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
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
under File 6064 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ,� ..� day of , 2016.
CHRIS WATTS, YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY AT TORN R EY
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PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
(CONTRACT 6064)
February 16, 2016
THIS AGREEMENT is made and entered into this date , by
and between the City of Denton, Texas, a Texas municipal corporation, 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 l: Ruddell Street from 360' north of Mingo to Texas Street, Pertain Street,
Lattimore Street, Texas Street, and 900 feet of Mingo Road. This would include
plan/profiles of the streets, a preliminary drainage area map, runoff computations, inlet
computations, and a preliminary drainage plan view.
B. 60% Plans for Ruddell Street
Task l: - Right -of -Way Determination for the project streets - In conformance with City
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: Ruddell Street - 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.
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5. Plans traffic control plan.
6. Alignment sheets.
7. Plan/profile sheets for all alignments.
8. Intersection layouts.
9. Miscellaneous roadway details.
10. Drainage design.
11. Drainage area maps.
12. Hydraulic computations.
13. Water and sewer plan.
14. Storm sewer plan/profiles (no laterals profiled).
15. Utility exhibits.
16. Traffic signal layouts.
17. Illumination layouts.
18. Erosion Control layouts.
19. Cross - sections.
20. Pavement Design and Geotechnical report
The preliminary plans will include water, sewer, and drainage improvements design,
and preliminary work on utility relocations.
C. Final Construction Plans
Task 1: Final Design Construction Plans (90% Plans) — Ruddell Street
1. Revise 60% Plans for Owners review comments.
2. Water and sewer profiles (if required).
3. Drainage laterals.
4. Signing layouts
5. Pavement marking layouts and delineation.
6. Bid Proposal.
7. Special specifications as required.
Task 2: Right -of -Way
1. Prepare final right -of -way plans and documents for all streets on the project.
D. 100% Construction Plans. Right- of -Wav_ and Specifications
Task l: 100% Ruddell Street
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.
E. Miscellaneous Requirements —
1. Design Professional shall furnish, upon request by Owner, one (1) set of film
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reproducibles of the "Final" approved and dated plans. Design Professional shall
submit an electronic copy of the drawings in a format acceptable to the Owner.
2. The Design Professional shall also prepare Record Drawings utilizing the
construction plans based upon redline markups reflecting any field changes. The
Contractor shall prepare and supply the redline markups to the Design
Professional after construction is complete. Design Professional shall submit one
(1) set of film reproducibles and an electronic copy of the Record Drawings in a
format acceptable to the Owner.
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SECTION 2
COMPENSATION
Total compensation for the Design Professional contemplated under the terms of this agreement
shall be $532,284.25 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 $323,445.00
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 10%
Construction Phase 10%
100%
2.2 ADDITIONAL SERVICES
2.2.1 For Additional Services the total compensation shall be $198,839.25. 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, etc. shall
be based on a multiple of 1.1 times the amounts billed to the Design Professional for such
additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.05 times
the expenses incurred by the Design Professional, the Design Professional's employees and
consultants in the interest of the Project as defined in the General Conditions but not to exceed a
total of $10,000.00 without the prior written approval of the Owner. This amount does not
include appraisals, escrow fees, abstract fees, title fees, FEMA review fees.
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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
APPROVED AS TO LEGAL FORM:
ANITA BURGESS CITY ATTORNEY
ocuSigned by:
BY: 56L
LV,
C821996C2A2B439...
GRAHAM ASSOCIATES, INC.
A Corporation
Signed by:
BY: Fm"-A-
MAR03URCKWARD, P.E.
SENIOR VICE PRESIDENT
2016 -6064
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
Attest:
A Municipal Corporation
DocuSigned by:
Jennifer Walters City secretary
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BY:
by:
GEORGE C. CAMPBELL
DDocuSigned
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CITY MANAGER
CSBFAFC1821946D...
APPROVED AS TO LEGAL FORM:
ANITA BURGESS CITY ATTORNEY
ocuSigned by:
BY: 56L
LV,
C821996C2A2B439...
GRAHAM ASSOCIATES, INC.
A Corporation
Signed by:
BY: Fm"-A-
MAR03URCKWARD, P.E.
SENIOR VICE PRESIDENT
2016 -6064
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
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Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original notarized Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at:
https: / /www.ethics.state .tx.us /whatsnew /elf info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on the signature page of this contract.
5. Sign and notarize the Form 1295
6. Email the notarized form to 12urchasingLcityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission's website within seven business days.
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR
CONS LTANTS /CONTRACTORS
The Offeror'sBidder's attention is directed to the insurance requirements below. It is highly
recommended that offerors/bidders confer with their respective insurance carriers or brokers
to determine in advance of its proposal or bid submission the availability of insurance
certificates and endorsements as prescribed and provided herein. If an offeror /apparent low
bidder fails to comply strictly with the insurance requirements, that offeror/bidder may be
disqualified from award of the contract. Upon award, all insurance requirements shall
become contractual obligations, which the successful offeror/bidder shall have a duty to
maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Consultant /Contractor, the
Consultant /Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notification of award, Consultant /Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the proposal /bid
number and title of the project. Consultant /Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any time;
however, Consultants /Contractors are strongly advised to make such requests prior to
proposal /bid opening, since the insurance requirements may not be modified or waived after
proposal /bid opening unless a written exception has been submitted with the proposal /bid.
Consultant /Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A or better.
• Any deductibles or self - insured retentions shall be declared in the proposal or bid. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self - insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the Consultant/Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
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• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
0 Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
e Should any of the required insurance be provided under a claims -made form,
Consultant/Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract term
which give rise to claims made after expiration of the contract shall be covered.
e Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Consultant/Contractor shall either double the occurrence limits or obtain
Owners and Contractors Protective Liability Insurance.
e Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
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SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $500,000.00
shall be provided and maintained by the Contractor. The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non -owned autos.
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[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[_] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[] Riggers Insurance
The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by
a Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater
covering rigging contractors; or through ISO form 11100 91 12 11, Rigger's Liability Coverage
form. Said coverage shall mirror the limits provided by the CGL coverage
[_] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
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[_] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside /outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[_] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[_] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self - insure issued by the commission, or a coverage
agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's /person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ( "subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner- operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food /beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
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2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
L The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
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7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self -
insured, with the commission's Division of Self - Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal ") 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 of these General Conditions 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 care and skill ordinarily
exercised by members of the same profession currently practicing in the saine 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 of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written prograin 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 prograin, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project
2.2.4 Based on the mutually agreed -upon prograin, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 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 time from the
cormmencernent to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Scheratcc Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as maybe 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 be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's 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 through any procurement method that is legally applicable to the Project including without
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limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
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 the 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 set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADIVIINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement cormirences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 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 maybe
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 for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the 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 a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being perfonned in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on -site visit. On the basis of on -site observations the Design Professional shall keep the Owner infonned of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective 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 of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's 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 Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or ornis-
sions. The Design Professional shall not have control over or charge of acts or ornissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall cormnunicate through the Design Professional. Cormnunications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further 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) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not confonn to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's 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 work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
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
pennit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or perfonnance of equipment or systerns designed by the Contractor, all of which rernain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific itern shall not indicate approval of an assembly of which the itern is a component. When professional certification of perfonnance characteristics
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of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, 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 Owner, the Design Professional shall conduct inspections to determine the dates 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 of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recormnendations on matters concerning perfonnance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the fonn of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful perfonnance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confinned in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not cormnence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
prograin or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacernent of work damaged by fire or other cause during construction, and fumishing services required in connection with
the replacernent 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 of perfonnance
of either the Owner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive number of clanns submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party 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 prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding 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 in whole or in part due to the negligent act or ornission of the Design Professional shall be perfonned by the Design 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. The
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
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environrnental studies and submissions required for approvals of govemrnental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other infonnation furnished by the Owner.
3.4.7 Providing coordination of construction perfonned by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction perfonned and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with 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 Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked -up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or ornission of the Design Professional shall be perfonned by the Design 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. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall fumish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a finely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining 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 infonnation concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the infonnation on the survey shall be referenced to a project benclunark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recormrnendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require 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 of the Owner.
4.9 The services, infonnation, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconfonnance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
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 the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials famished by the Owner and equipment designed, 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-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights -of -way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with 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 of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless
such fixed lunit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be pennitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed lunits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not cormmenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's 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 infonnation or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
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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 of the Design Professional's reserved rights.
ARTICLE 7 TERMUNATION, SUSPENSION OR ABANDONMENT
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 thereof with 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 irmnediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such 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 termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
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 benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out -of -town travel; long- distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock -ups requested by the Owner.
8.2.1.5 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 advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set 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, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the 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 of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payrnents to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indermnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the perfonnance of the Agreernent.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the perfonnance 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 Cormnission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the 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 with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver 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 of the
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 of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind thernselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreernent. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The tenn Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between 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 in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to hannonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably hannonized,
such documents 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 the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary infonnation if the Owner has previously advised the Design Professional in writing of the specific infonnation considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the 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 8
H:AMiscUank Forrns \GENERAL CONDITIONS - ARCHITECT- ENGINEER Revised 052209.doc Revised 5 -30 -02
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
11.7 All notices, cormnunications, and reports required or pennitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same 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 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention 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 hereinafter be amended during the tenn of this Agreement.
11.10 In perfonning the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for infonnational purposes only, and shall not in anyway affect the substantive tenns or conditions of the Agreement.
Page 8 of 8
H:AMiscABlank Forms \GENERAL CONDITIONS - ARCHITECT- ENGINEER Revised 052209.doc Revised 5 -30 -02
DocuSign Envelope ID: C58E3656-53FA-428D-A5F5-FD312E54ECC6
Graham Associates, Inc.
coiqsuur11NG ENGINEERS & PLANNERS
Mr. Frank Payne, P.E.
City Engineer
City of Denton
901-A Texas Street
Denton, Texas 76209
RE: Proposal for Professional Services - Engineering Design for Ruddell Street from
360'north of Mingo Road to Texas Street, Pertain Street, Lattimore Street, Texas Street,
and 900 feet of Mingo Road.
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
the street system near the cities Service Center East consisting of Ruddell Street, Pertain Street,
Lattimore Street, Texas Street, and a portion of Mingo Road.
I M191 11-7418 W I I MU 0 VMS I UH N I
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 informatioj—�.
Surnmit Office Park
1300 Summit Ave., Suite 419
Fl. Worth, Texas 76102-4418
(817) 332-5756
Fox (817) 336-6909
Centerpoinl- Three
600 Six Flags Drive, Suite 500
Arlington, Texas 76011-6356
(817) 649-1914 0 Metro (817) 640-8535
FAX (817) 633-5240
Chose Bank
3200 Broadway Blvd, afte 268
Garland, Texas 75043-1571
(972) 840-6671
FAX (972)-840-6671
DocuSign Envelope ID: C58E3656-53FA-428D-A5F5-FD312E54ECC6
Respectfiffly Submitted,
Mark Burckhard, P.E.
Senior Vice President
Graham Associates, Inc. TBPE Firm #F ®1191
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DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
Exhibit 2 - Attachment B
ESTIMATED SHEET TOTALS
Sheet Description
Number of Sheets
Cover Sheet
1
General Notes
1
Quantity Sheets
5
Survey Control Layout
2
Typical Sections
5
Erosion Control
2
Erosion Control Details
4
Traffic Control
14
Paving Plan /Profiles
9
Intersection Grading Plan
5
Driveways
2
Drainage Area Map
1
Runoff Computations
1
Inlet Computations
1
Storm Drainage Computations
1
Drainage Plan /Profiles
10
Drainage Laterals
1
Street Lights
2
Pavement Markings & Signage
5
Traffic Signals
10
Water Plan /Profiles
0
Sanitary Sewer Plan /Profiles
0
Details
29
Subtotal Number of Sheets = 111
Cross - Section Plans
Cover 1
Cross - Sections 45
Subtotal Number of Sheets = 46
Total Number of Sheets = 157
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DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
ATTACHMENT "D"
Miscellaneous Road Improvements
Ruddell Street
Summary of Opinion of Probable Costs
November 18, 2015
Paving, Traffic Control, Erosion Control
Union Pacific Railroad Crossing
Traffic Signals
Drainage
Street Lights
Pavement Markings
Water
Sanitary Sewer
$ 1,813,017.25
$ 625,000.00
$ 250,000.00
$ 1,339,760.18
$ 198,594.28
$ 16,088.05
$ 159,992.25
$ 80,462.25
Total $ 4,482,914.26
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or
the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
PAVING
MISCELLANEOUS ROAD IMPROVEMENTS
RUDDELL STREET
SEPTEMBER 9, 2015
Item
Description
Quantity
Unit
Unit Price
item Cast
1
Preparing Right of Way
44.50
STA
$ 3,000.00
$ 133,500.00
2
Mobilization
1.00
L.S.
$100,000.00
$ 100,000.00
3
Excavation
6,000
C.Y.
$ 9.00
$ 54,000.00
4
Embankment
9,000
C.Y.
$ 3.50
$ 31,500.00
5
Import Material
4,000
C.Y.
$ 12.00
$ 48,000.00
6
Remove Existing Asphalt Paving
10,000
S.Y.
$ 3.00
$ 30,000.00
7
Backfill
44.50
STA
$ 90.00
$ 4,005.00
8
Topsoil
9,700
S.Y.
$ 2.50
$ 24,250.00
9
Block Sodding
9,700
S.Y.
$ 5.00
$ 48,500.00
10
Seeding
9,700
S.Y.
$ 1.00
$ 9,700.00
11
Lime Slurry
423
TON
$ 90.00
$ 38,070.00
12
8" Lime Treated Subgrade
19,565
S.Y.
$ 2.00
$ 39,130.00
13
Concrete Pavement 6" Drives
800
S.Y.
$ 41.50
$ 33,200.00
14
Concrete Pavement 8" Drives
220
S.Y.
$ 50.00
$ 11,000.00
15
Concrete Pavement 8" Street
5,765
S.Y.
$ 46.00
$ 265,190.00
16
Conrete Pavement 10" Street
10,000
S.Y.
$ 50.00
$ 500,000.00
17
Asphalt Pavement 2" Type C
2,830
S.Y.
$ 15.00
$ 42,450.00
18
Asphalt Pavement 4" Type B
735
S.Y.
$ 25.00
$ 18,375.00
19
Asphalt Pavement 7" Type B
2,095
S.Y.
$ 32.50
$ 68,087.50
20
Barricades, Signs, & Traffic Handling
18
MO
$ 4,500.00
$ 81,000.00
21
Mono Curb
8,000
L. F.
$ 2.00
$ 16,000.00
22
30" Concrete Curb & Gutter
700
L. F.
$ 30.00
$ 21,000.00
23
Signs
1
L.S.
$ 7,500.00
$ 7,500.00
24
Erosion Control SWPPP
11
L.S.
$ 25,000.00
$ 25,000.00
25
Capital Improvement Signs
21
EA.
1 $ 750.00
$ 1,500.00
SUBTOTAL $ 1,650,957.50
10% CONTINGENCY $ 165,095.75
TOTAL $ 1,816,053.25
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
Union Pacific Railroad
PROPOSED UPRR CROSSING AT RUDDELL STREET
October 15, 2015
ITEM
DESCRIPTIONS
QUANTIT
UNITS
UNIT PRICE
ITEM COST
1
Crossing Area
1
L.S.
$ 250,000.00
$ 250,000.00
2
Signals
1
L.S.
$ 150,000.00
$ 150,000.00
3
Flagging
1
L.S.
$ 25,000.00
$ 25,000.00
4
Railroad Permit
1
L.S.
$ 200,000.00
$ 200,000.00
SUBTOTAL $ 625,000.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
SIGNALS
MISCELLANEOUS ROAD IMPROVEMENTS
DENTON SERVICE CENTER EAST
October 15, 2015
ITEM
DESCRIPTIONS
QUANTIT)l
UNITS
I UNIT PRICE
ITEM COST
1
Permanent Signal
1
EA.
$ 250,000.00
$ 250,000.00
SUBTOTAL $ 250,000.00
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
DRAINAGE
MISCELLANEOUS ROAD IMPROVEMENTS
DENTON SERVICE CENTER EAST
October 15, 2015
Item
Description
Quantity
Unit
Unit Price
Item 'Cost
1
18" RCP (CL 111)
368
L. F.
$ 90.00
$ 33,120.00
2
21" RCP (CL 111)
180
L. F.
$ 95.00
$ 17,100.00
3
24" RCP (CL 111)
1,613
L. F.
$ 100.00
$ 161,300.00
4
27" RCP (CL 111)
45
L. F.
$ 125.00
$ 5,625.00
5
30" RCP (CL 111)
160
L. F.
$ 133.50
$ 21,360.00
6
33" RCP (CL 111)
310
L. F.
$ 140.00
$ 43,400.00
7
36" RCP (CL 111)
345
L. F.
$ 155.00
$ 53,475.00
8
39" RCP (CL 111)
380
L. F.
$ 162.50
$ 61,750.00
9
42" RCP (CL 111)
30
L. F.
$ 170.00
$ 5,100.00
10
45" RCP (CL 111)
38
L. F.
$ 185.00
$ 7,030.00
11
48" RCP (CL 111)
60
L. F.
$ 235.00
$ 14,100.00
12
54" RCP (CL V)
75
L. F.
$ 275.00
$ 20,625.00
13
60" RCP (CL 111)
310
L. F.
$ 270.00
$ 83,700.00
14
66" RCP (CL 111)
245
L. F.
$ 285.00
$ 69,825.00
15
7'x5' RCB
445
L. F.
$ 335.00
$ 149,075.00
16
36" Steel Pipe
130
L. F.
$ 165.00
$ 21,450.00
17
Bore for 36" Steel Pipe
130
L. F.
$ 175.00
$ 22,750.00
18
Bore for 54" RCP
75
L. F.
$ 210.00
$ 15,750.00
19
Curb Inlet
13
EA.
$ 5,700.00
$ 74,100.00
20
"Y" Inlet
2
EA.
$ 5,600.00
$ 11,200.00
21
Junction Box Manhole
9
EA.
$ 8,500.00
$ 76,500.00
22
Safety End Treatment
4
EA.
$ 2,500.00
$ 10,000.00
23
Headwall
3
EA.
$ 9,500.00
$ 28,500.00
24
Trench Safety
4,871
L. F.
$ 1.80
$ 8,767.80
25
Cement Stabilized Backfill
15
C.Y.
$ 60.00
$ 900.00
26
5" Class "A" Concrete Rip -Rap
200
S.Y.
$ 65.00
$ 13,000.00
27
12" Graded Rock Rip -Rap
390
S.Y.
$ 60.00
$ 23,400.00
28
Excavation (Channel & Detention Pond)
11,720
C.Y.
$ 8.00
$ 93,760.00
29
Remove Headwall
2
EA.
$ 850.00
$ 1,700.00
30
Remove Storm Pipe
100
L. F.
$ 25.00
$ 2,500.00
31
Concrete Plug
1
EA.
$ 750.00
$ 750.00
32
Remove Existing Concrete Pavement
1,245
S.Y.
$ 3.00
$ 3,735.00
33
Lime Slurry
30
TON
$ 90.00
$ 2,700.00
34
8" Lime Stabilized Subgrade
1,323
S.Y.
$ 2.00
$ 2,646.00
35
lConcrete Pavement 8" Street
1,245
S.Y.
$ 46.00
$ 57,270.00
SUBTOTAL $ 1,217,963.80
10% CONTINGENCY $ 121,796.38
TOTAL $ 1,339,760.18
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
STREET LIGHTS
MISCELLANEOUS ROAD IMPROVEMENTS
DENTON SERVICE CENTER EAST
October 15, 2015
Item
Description
Quantity
Unit
Unit Price
Item Cost '
1
35' White Concrete Street Light Pole
16
EA.
$ 4,700.00
$ 75,200.00
2
Pull Box
8
EA.
$ 650.00
$ 5,200.00
3
2" PVC Conduit
2,875
L. F.
$ 5.50
$ 15,812.50
4
Street Light Pole Foundations
16
EA.
$ 950.00
$ 15,200.00
5
250 Watt Cobrahead Fixture
16
EA.
$ 2,300.00
$ 36,800.00
6
Electrical Service
2
EA.
$ 4,000.00
$ 8,000.00
7
#4 Bare Street Light Conductor
2,985
L. F.
$ 2.45
$ 7,313.25
8
#4 Insulated Street Light Conductor
5,970
L. F.
$ 2.85
$ 17,014.50
SUBTOTAL $ 180,540.25
10% CONTINGENCY $ 18,054.03
TOTAL $ 198,594.28
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
PAVEMENT MARKINGS
MISCELLANEOUS ROAD IMPROVEMENTS
DENTON SERVICE CENTER EAST
SEPTEMBER 9, 2015
Item
Description
Quantity
Unit
Unit Price
Item Cast
1
Work Zone Remove (W) 4" (DOT)
100
L.F.
$ 1.50
$ 150.00
2
Work Zone Remove (W) 4" (SLD)
720
L.F.
$ 6.00
$ 4,320.00
3
Work Zone Remove (W) 8" (SLD)
150
L.F.
$ 0.75
$ 112.50
4
Work Zone Remove (W) 24" (SLD)
84
L.F.
$ 8.00
$ 672.00
5
Work Zone Remove (Y) 4" (SLD)
720
L.F.
$ 0.50
$ 360.00
6
REF PAV MRK TY II (Y) 4" (SLD)
2,000
L.F.
$ 1.25
$ 2,500.00
7
REF PAV MRK TY II (W) 4" (SLD)
1,500
L.F.
$ 1.25
$ 1,875.00
8
REF PAV MRK TY II (W) 8" (SLD)
600
L.F.
$ 2.00
$ 1,200.00
9
REF PAV MRK TY II (W) (ARROW)
8
EA.
$ 75.00
$ 600.00
10
REF PAV MRK TYII (W) (WORD)
8
L.F.
$ 100.00
$ 800.00
11
REFL PAV MRKR TY II -C -R
30
EA.
$ 4.00
$ 120.00
12
PAV SURFACE PREPARATION
1
L.S
$ 296.00
$ 296.00
13
MULT PAV MRK (W) (8 ") (SLD)
600
L.F.
$ 2.001
$ 1,200.00
14
MULTI PAV MRK (W) (24 ") (SLD)
84
L.F.
1 $ 5.00
is 420.00
SUBTOTAL
10% CONTINGENCY
TOTAL
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.
$ 14,625.50
$ 1,462.55
$ 16,088.05
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
WATER
MISCELLANEOUS ROAD IMPROVEMENTS
DENTON SERVICE CENTER EAST
October 15, 2015
Item
Description,
Quantity
Unit
Unit Price
Item 'Cost
1
6" PVC Water Line
85
L. F.
$ 33.75
$ 2,868.75
2
8" PVC Water Line
1,465
L. F.
$ 39.75
$ 58,233.75
3
Standard Fire Hydrant
3
EA.
$ 3,700.00
$ 11,100.00
4
6" Gate Valve
3
EA.
$ 1,150.00
$ 3,450.00
8" Gate Valve
9
EA.
$ 1,400.00
$ 12,600.00
5
Remove & Salvage Exist. Fire Hydrant
2
EA.
$ 262.50
$ 525.00
6
Driveway Repair
40
L. F.
$ 12.00
$ 480.00
7
Temporary Pavement Repair
330
L. F.
$ 23.25
$ 7,672.50
8
Rock Cushion
100
C.Y.
$ 22.50
$ 2,250.00
9
Sodding
1,180
L. F.
$ 3.00
$ 3,540.00
10
Connect to Exist Water Line
3
EA.
$ 1,125.00
$ 3,375.00
11
Ductile Iron Fittings
6.50
TN.
$ 5,625.00
$ 36,562.50
12
Trench Safety
1,550
L. F.
1 $ 1.801
$ 2,790.00
SUBTOTAL $ 145,447.50
10% Contingency $ 14,544.75
TOTAL $ 159,992.25
Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over
contractor's methods of determining prices, or over competitive bidding or market conditions, this
opinion of probable cost is made on the basis of our professional experience and represents our best
judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids
or the project costs will not vary from the opinion of probable cost prepared by Graham Associates.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
SANITARY SEWER
MISCELLANEOUS ROAD IMPROVEMENTS
DENTON SERVICE CENTER EAST
October 15, 2015
Item
Description,
Quantity
Unit
Unit Price
Item 'Cost
1
8" PVC Sanitary Sewer Line
1,040
L. F.
$ 29.25
$ 30,420.00
2
12" PVC Sanitary Sewer Line
85
L. F.
$ 35.00
$ 2,975.00
3
5' Standard Sanitary Sewer Manhole
4
EA.
$ 4,000.00
$ 16,000.00
4
Connect to Exist Sanitary Sewer Line
1
EA.
$ 600.00
$ 600.00
5
Remove Exist Manhole
3
EA.
$ 550.00
$ 1,650.00
6
Remove Exist Sanitary Sewer Pipe
775
L. F.
$ 15.00
$ 11,625.00
7
Temporary Pavement Repair
110
L. F.
$ 23.25
$ 2,557.50
8
Rock Cushion
100
C.Y.
$ 22.50
$ 2,250.00
9
Sodding
1,015
L. F.
$ 3.001
$ 3,045.00
10
JTrench Safety
1 1,1251
L. F.
$ 1.80
1 $ 2,025.00
SUBTOTAL
10% Contingency
TOTAL
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.
$ 73,147.50
$ 7,314.75
$ 80,462.25
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
ATTACHMENT E
SCOPE OF SERVICES, DELIVERABLES AND RESPONSIBILITIES OF OWNER
RUDDELL STREET IMPROVEMENTS
FOR THE CITY OF DENTON
GENERAL: The City of Denton Ruddell Street Improvements Project (the Project) will include
preparation of construction plans and bid documents, opinions of probable construction cost,
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 and franchise utility providers 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. Submit two (2) 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 approval of alignment and schematic design, GAI shall develop a geometric
alignment for Ruddell, Texas, Lattimore, Pertain, and Mingo Road.
8. 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, and hydraulic computation sheets for the
Service Center East project.
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B. Preliminary Design (60 %) - Upon review of the 30% plans by the Owner, GAI will prepare
preliminary construction plans as follows:
1. 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. Prepare Construction Phasing Plan including pavement phasing, transition
segments, and construction detour plans. Develop construction phasing typical cross
sections at key locations.
6. Prepare traffic control plans based on the construction phasing in accordance with
AASHTO and the City of Denton.
7. Prepare a preliminary estimate of probable construction cost and submit with four
(4) sets of plans for review.
8. 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.
9. Submit preliminary plans to utility companies for review and comment. Attend a
preliminary coordination meeting with the franchise utility companies.
C. Final Design - Following Owner approval of preliminary plans, GAI shall prepare final plans
with the following additional tasks:
1. Prepare final construction drawings for paving, drainage, traffic signal, and an at
grade railroad crossings. No City utility improvements are anticipated.
2. 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.
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
3. Provide quality control by independent review of plans and specifications by Senior
Engineer, not on the design team.
4. Prepare a final opinion of probable construction cost based on recent project unit
bid prices.
5. Furnish four (4) sets of drawings for review by the Owner at the 60% and 90%
design stages, and meet with the Owner to review and discuss the plans. The
review meetings will be conducted to address review comments and to take action
on items to produce the final construction documents. GAI assumes that we will
meet with the Owner three (3) times during each part of the final design phase (60%
and 90 %).
D. Bidding and Construction Administration Phase — Assist Owner in securing bids. Issue a
Notice to Bidders to prospective contractors in GAI's database of prospective bidders, and to
selected plan rooms. Provide a copy of the Notice to Bidders for Owner to use in notifying
construction news publications and publishing appropriate legal notice. The cost for
publications shall be paid by the Owner. GAI will prepare two (2) separate bid packages for
the project, with the following to be provided for each bid package.
1. Print thirty (30) sets of 11" x 17" Plans and Bid Documents and distribute to
selected plan rooms, and to prospective bidders that respond to the Notice to
Bidders.
2. Assist Owner by responding to questions and interpreting bid documents. Prepare
and issue addenda to the bid documents to plan holders if necessary.
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.
5. Assist Owner in the preparation of Construction Contract Documents. Provide ten
(10) sets of Construction Contract Documents which include information from the
apparent low bidder's bid documents, legal documents, and addenda bound in the
documents for execution by the Owner and construction contractor. Distribute five
(5) copies of these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction contractor.
Provide Owner with the remaining five (5) copies of these documents for use during
construction. Additional sets of documents can be provided as an additional
service.
6. Furnish contractor copies of the drawings and specifications for construction
pursuant to the General Conditions of the Construction Contract.
7. Attend one (1) pre - construction meeting per bid project to discuss the project
schedule for construction.
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8. 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 miscellaneous topographic survey of the project.
B. Traffic Signals
1. Prepare permanent traffic signal plans The construction plans shall include:
a)
Signal Layouts
b)
Phase Diagrams
c)
Wiring Diagrams
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d)
Quantities and Charts
e)
Standard Details
f)
Specifications
C. Geotechnical Engineering and Pavement Design (LandTec)
1. Pavement and Utility Borings: Drill 11 borings to depths of 15 feet. (Estimate 165 linear
feet of drilling). Borings from bridge and retaining wall will supplement the pavement
and utility borings.
2. Obtain soil samples and perform Texas Cone Penetrometer (TCP) and Split Spoon Tests
(SPT) as appropriate for the soils encountered.
3. Perform Dynamic Cone Penetrometer (DCP) tests to evaluate pavement subgrade
strength and develop California Bearing Ratio (CBR) values; Effective Modulus of
Subgrade Reaction, k, values, and, resilient modulus values for the anticipated pavement
subgrade soils.
4. Observe for groundwater seepage during drilling and record level.
5. Backfill boreholes with cuttings upon completion (not grouted).
6. Coordinate the clearance of underground utility locations in accordance with the Texas
811 One Call requirement and as -built information obtained by prime as part of the
project at a minimum.
7. Coordinate with the local municipality while drilling on or adjacent to public roads,
including traffic control and barricades as necessary.
8. Selected laboratory testing will be conducted on samples that are considered to be
reasonably representative of the materials obtained from the field exploration. The tests
will evaluate and classify the soils, identify subsurface site characteristics, and provide
data for analysis. The tests include
a) Soil classification tests including Atterberg limits (liquid and plastic limits) and
Sieve Analysis tests
b) Unit dry weight and moisture content tests
c) Unconfined Compressive Strength tests on soil and rock
d) Unconsolidated Undrained (UU) Triaxial strength tests
e) Direct Shear and /or Consolidated Undrained Strength tests
f) Consolidation tests
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
g) Optimum Moisture- Density Curves (Standard and /or Modified Proctors)
h) Swell tests
i) Atterberg Limits / pH series tests on pavement subgrade soils with one or more
stabilization additives including Lime, Cement and Cem- Lime ®.
j) Soluble Sulfate tests (subgrade soils upper 4 feet)
9. An engineering analysis and evaluation of the field and laboratory data will be performed
for the project, based on available project concepts. Information to be provided is as
follows:
a) Plan of borings illustrating the approximate location of each boring and scale to
which the drawing is made
b) A log of each boring indicating the boring number, location (northing, easting and
elevation as provided by Graham Associates, Inc.), depth of strata, soil
description, field penetration tests including Standard Penetration tests (SPT's)
and /or Texas Cone Penetrometer (TCP) , laboratory tests, and groundwater
information
c) Description of the field exploration and laboratory testing program
d) Laboratory test results and analysis of results
e) Discussion of subsurface soil and groundwater conditions
f) Recommendations for roadway and embankment fill material including soil type,
compaction and moisture content requirements, placement and testing during
construction
g) Recommendations for removal and /or improvement of soft soils (if encountered)
within the floodway where embankments will be constructed
h) Provide subgrade and pavement design for all streets and sections of the
intersecting streets using field and laboratory test data, traffic volume and desired
pavement design life. Pavement design analysis will be performed using the
AASHTO pavement design procedure, specifically using WinPAS software and
will match the design procedures used for the City of Fort Worth.
i) Ten (10) copies of the geotechnical engineering report will be provided to the
design team along with PDF and CD versions.
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D. Subsurface Utility Engineering
1. SUE work required for this project will be conducted in general accordance with the
recommended practices and procedures described in ASCE Publication CFASCE 38 -02
(Standard Guideline for the Collection and Depiction of Existing Subsurface Utility
Data). The quality levels used on this project are as follows:
a. Quality Level B — Two - dimensional (x,y) information obtained through the
application and interpretation of non - destructive surface geophysical methods.
Also known as "designating" this quality level provides the approximate horizontal
position of subsurface utilities within approximately one foot.
b. Quality Level A — Also known as "locating ", this quality level provides precise
three dimensional (x,y,z) information at critical locations by exposing specific
utilities. Non - destructive vacuum excavation equipment is used to expose the
utilities at specific points which are then tied down by survey.
E. The Scope of Services for Full Time Resident Representation services includes (1) one part
time inspector (based on 10 hours per week) for construction duration 12 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
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Contract Documents; and assist GAI in serving as Owner's liaison with
contractor when contractor's operations affect Owner's on -site
operations.
b. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of shop drawings and samples.
b. Receive samples which are furnished at the site by contractor, and notify
GAI of availability of samples for examination.
c. Advise GAI and contractor of the commencement of any Work requiring
a shop drawing or sample if the submittal has not been approved by GAI.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to determine if the
Work is in general proceeding in accordance with the Contract
Documents.
b. Report to GAI whenever Resident Project Representative believes that
any Work will not produce a completed Project that conforms generally
to the Contract Documents or will prejudice the integrity of the design
concept of the completed Project as a functioning whole as indicated in
the Contract Documents, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be made; and
advise GAI of Work the Resident Project Representative believes should
be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections and report to GAI.
6. Interpretation of Contract Documents: Report to GAI when clarifications and
interpretations of the Contract Documents are needed and transmit to
contractor clarifications and interpretations as issued by GAI.
7. Request for Revisions: Consider and evaluate contractor's suggestions for
revisions to Drawings or Specifications and report with Resident Project
Representative's recommendations to GAL Transmit to contractor in writing
decisions as issued by GAI.
8. Records:
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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.
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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.
B. Geotechnical Materials and Construction Testing (Landtec)
Testing shall be conducted based on the latest requirements of the City of Denton and the
North Central Texas Council of Governments.
Testing shall be performed for the following:
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1. Site Preparation, Filling, Back Filling
2. Utilities
3. Mechanical Lime Stabilization
4. Pier Installation Monitoring
5. Concrete Testing
6. Hot Mix Asphalt Concrete Testing
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 proposed 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.
L Providing additional 3D renderings or revisions to existing 3D renderings of the project
design.
J. Making revisions to drawings, specifications or other documents when such revisions are
1) not consistent with approvals or instructions previously given by Owner or 2) due to
other causes not solely within the control of GAI.
K. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
L. Preparing data and reports for assistance to Owner in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute
review boards, or other legal and /or administrative proceedings or hearings are caused by
actions or negligence of GAI or one of its subconsultants..
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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.
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Z. Preparation of Nationwide or Individual 404 Permit, submittal and approval.
AA. Right of Way Acquisition services and Appraisals.
ARTICLE IV
TIME OF COMPLETION: GAI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
schedule shown as Exhibit 3 of this document.
If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not
limited to delays in Owner or regulatory reviews, delays on the flow of information to be
provided to GAI, governmental approvals, etc. If the project is placed on hold by the Owner for
more than six months, GAI reserves the right to negotiate additional compensation for additional
services related to the delay.
ARTICLE V
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so
as not to delay the services of GAI:
A. Designate in writing a person to act as Owner's representative with respect to the services to
be rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define Owner's policies and decisions with
respect to GAI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project, including
project objectives and constraints, space, capacity and performance requirements, flexibility
and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which Owner will require to be included in the plan.
C. Assist GAI by placing at GAI's disposal all available information pertinent to the Project
including previous reports, GIS mapping and data, and any other data relative to completion
of the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by GAI, obtain advice of other consultants as Owner deems appropriate
for such examination and render in writing decisions pertaining thereto within a reasonable
time so as not to delay the services of GAI.
E. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project.
F. Attend and take leadership role in project progress meetings and other project related
meetings and attend and moderate the public meetings.
G. Give notice to GAI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of GAI's services, or any defect or
nonconformance of the work of any contractor.
H. Contact other departments within the City of Denton and coordinate with them to obtain
record drawings of other utilities, buildings, or infrastructure as needed.
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EXHIBIT 4
GRAHAM ASSOCIATES, INC.
ESTABLISHED HOURLY RATES
AUGUST 2013
PRINCIPAL $160.00
SENIOR ENGINEER $135.00
REGISTERED PUBLIC SURVEYOR $130.00
SENIOR HYDROLOGIST $130.00
REGISTERED ENGINEER $125.00
GRADUATE ENGINEER
$110.00
SENIOR DESIGN TECHNICIAN
$110.00
SURVEY COORDINATOR
$110.00
GRADUATE HYDROLOGIST
$100.00
TECHNICIAN IV
$95.00
TECHNICIAN III
$80.00
TECHNICIAN II
$70.00
TECHNICIAN I
$50.00
3 MAN SURVEY CREW
$140.00
2 MAN SURVEY CREW
$120.00
CLERICAL
$45.00
CADD STATION $25.00
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
LANOTEC
E=
PERSONNEL
EXHIBIT 4
LANDTEC ENGINEERS, LLC
SCHEDULE OF FEES
Texas Engineering Firm Registration No. F- 000329
Project Geotechnical Engineer ..................................................... ...............................
$ 125.00 /hour
Senior Geotechnical Engineer ...................................................... ...............................
$ 135.00 /hour
Senior Project Manager ................................................................ ...............................
$ 140.00 /hour
Principal Engineer ........................................................................ ...............................
$ 165.00 /hour
Senior Engineering Consultant .................................................... ...............................
$ 175.00 /hour
Registered Professional Land Surveyor ....................................... ...............................
$ 135.00 /hour
Expert Witness (Deposition and Trial) ........................................ ...............................
$ Reg. Rt. x 1.5
Engineering Technician I ............................................................. ...............................
$ 42.00 /hour
Engineering Technician II ............................................................ ...............................
$ 48.00 /hour
Engineering Technician III .......................................................... ...............................
$ 50.00/hour
Senior Engineering Technician .................................................... ...............................
$ 65.00/hour
Engineering Assistant / Specialist .................................................. ...............................
$ 75.00/hour
Word Processing / Clerical ............................................................ ...............................
$ 50.00/hour
Drafting /CADD ........................................................................... ...............................
$ 75.00/hour
FieldSurvey ........................................................................... ...............................
$ 125.00/hour
Transportation (portal to portal) ................................................... ...............................
$ 0.65 /mile
Transportation w /trailer (portal to portal) .................................... ...............................
$ 0.75 /mile
Minimum Transportation Charge ................................................. ...............................
$ 50.00 /trip
SupportVehicle ........................................................................... ...............................
$ 50.00 /day
PerDiem ........................................................................... ...............................
$ 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 (0' -100' depth)
Drilling and Intermittent Sampling in Soil ........................ ...............................
Drilling and Continuous Sampling in Soil ....................... ...............................
Drilling and Continuous Sampling w /TCP test .................. ...............................
Core Drilling in Shale /Sandstone /Moderately Hard Limestone .......................
Core Drilling in Very Hard Rock ....................................... ...............................
Field Penetration Tests, split spoon or TCP test ................ ...............................
Drilling Through Concrete ................................................. ...............................
Mobilization of Rig (Local) ............................................... ...............................
MinimumDrilling fee ........................................................ ...............................
Plug Bore Hole with Bentonite .......................................... ...............................
........ $
12.00 /foot
........ $
16.00 /foot
........ $
22.50/ea
........ $
30.00 /foot
........ $
37.50 /foot
........ $
35.00 /each
........ $
100.00 /hole
........ $
300.00 /each
........ $
1250.00 /each
........ $
7.50 /foot
12- Exhibit 4 Landtec feeSchedule '15' (2) 1 LANDTEC ENGINEERS
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
DRILLING AND SAMPLING (0' -100' depth) CONT'D
Hollow Stem Auger Drilling (3.25 I.D.) w /continuous bbl sampler ........................... $ 27.00 /foot
Drill Rig Standby Time ................................................................ ............................... $ 185.00 /hour
Clean Up and Backfill Bore Holes ............................................... ............................... $ 50.00 /each
SOIL
Atterberg Limits (liquid and plastic limits), ASTM D4318 ......... ...............................
$ 60.00 /test
Atterberg Limits with Additive .................................................... ...............................
$ 70.00 /test
Percent Passing No. 200 Sieve, ASTM D 1140 ........................... ...............................
$ 35.00 /test
Standard Proctor, ASTM D 698 ................................................... ...............................
$ 185.00 /test
Modified Proctor, ASTM D 1557 ................................................ ...............................
$ 225.00 /test
Tex- 113 -E ........................................................................... ...............................
$ 250.00 /test
Processing Materials greater than No. 4 ...................................... ...............................
$ 60.00 /test
Sieve Analysis, ASTM D422 ....................................................... ...............................
$ 50.00 /test
pHDetermination ......................................................................... ...............................
$ 30.00 /test
Soluble Sulfate, TxDOT 145E ..................................................... ...............................
$ 100.00 /test
Moisture Content, ASTM D433 ................................................... ...............................
$ 15.00 /test
Moisture Content and Unit Dry Weight ....................................... ...............................
$ 30.00 /test
Hydraulic Conductivity, ASTM 5084 .......................................... ...............................
$ 310.00 /test
Hydraulic Conductivity, COE ...................................................... ...............................
$ 250.00 /test
Hydrometer Analysis ................................................................... ...............................
$ 125.00 /test
SpecificGravity .......................................................................... ...............................
$ 50.00 /test
Unconfined Compressive Strength .............................................. ...............................
$ 45.00 /test
Unconfined Compressive Strength ( core) .................................... ...............................
$ 60.00 /test
Absorption- Pressure Swell ........................................................... ...............................
$ 150.00 /test
FreeSwell ........................................................................... ...............................
$ 75.00 /test
Bar Linear Shrinkage ................................................................... ...............................
$ 25.00 /test
California Bearing Ratio (ASTM 1883) ...................................... ...............................
$ 175.00 /point
Consolidation........................................................................... ...............................
$ 350.00 /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 minimum ......................... ...............................
$ 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
Remoldingsamples ...................................................................... ...............................
$ 60.00 /each
Sample Preparation ...................................................................... ...............................
$ 50.00 /hour
In -Place Moisture Density Tests, nuclear method ....................... ...............................
$ 15.00 /test
In -Place Moisture Density Tests, Drive Ring, Sand Cone, Volumeter .......................
$ 20.00 /test
12- Exhibit 4 Landtec feeSchedule '15' (2) 2 LANDTEC ENGINEERS
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
SOIL CONT'D
Gradation of Lime Treated Subgrade Soil ................................... ............................... $ 20.00 /test
LimeDepth Checks ...................................................................... ............................... $ 20.00 /test
Nuclear Density Gauge ................................................................ ............................... $ 125.00 /day
Nuclear Density Gauge (weekly rate) .......................................... ............................... $ 375.00 /week
CONCRETE
Mix Design, including gradations, absorption, specific gravity and unit weight of Aggregates, slump,
unit weight and air content of concrete,
One water- cement Ratio ............................................................... ...............................
$ 350.00 /test
Additional Mix Design on same samples of aggregate ................ ...............................
$ 200.00 /test
Confirmation Test Cylinders (min. of 6 per mix) ........................ ...............................
$ 21.00 /test
Sieve Analysis (ASTM C- 136) .................................................... ...............................
$ 50.00 /test
Sieve Analysis (material finer than 9200 sieve) .......................... ...............................
$ 35.00 /test
Concrete Coring (up to 4" dia. & 6" thick - min. 3 /trip) ............. ...............................
$ 90.00 /each
Minimum Coring Charge (per trip) .............................................. ...............................
$ 300.00 /each
Capping and Testing Cores .......................................................... ...............................
$ 28.00 /each
SawingCore ends ......................................................................... ...............................
$ 28.00 /each
Concrete Cylinders -with inspection (minimum of 4) .................. ...............................
$ 21.00 /each
Concrete Beams -with inspection ................................................. ...............................
$ 32.50 /each
MortarCubes ........................................................................... ...............................
$ 30.00 /each
GroutPrisms ........................................................................... ...............................
$ 35.00 /each
Equipment Fee (in addition to coring fees) .................................. ...............................
$ 150.00 /each
AGGREGATE
Sieve Analysis
SpecificGravity ......................... ...............................
Los Angeles Abrasion ................ ...............................
Sample Preparation .................... ...............................
Absorption......................... ...............................
ClayLumps ......................... ...............................
Calcium Carbonate ..................... ...............................
Hydraulic Conductivity (ASTM D 2434) .................
GEOSYNTHETICS
Thickness(GM) ........................ ...............................
Specific Gravity (Density) ......... ...............................
Carbon Black Content ................ ...............................
Carbon Black Dispersion ........... ...............................
Tensile Properties ....................... ...............................
Peel& Shear ......................... ...............................
Direct Shear Interface ................ ...............................
Clay Mass /Unit Area (GCL) ...... ...............................
................ ............................... $ 50.00 /test
................ ............................... $ 70.00 /test
................ ............................... $ 575.00 /test
................ ............................... $ 50.00 /test
................ ............................... $ 45.00 /test
................ ............................... $ 45.00 /test
................ ............................... $ 325.00 /test
................ ............................... $ 150.00 /test
................ ............................... $
15.00 /test
................ ............................... $
15.00 /test
................ ............................... $
35.00 /test
................ ............................... $
35.00 /test
................ ............................... $
55.00 /test
................ ............................... $
27.00 /test
................ ............................... $1250.00
/test
................ ............................... $
25.00 /test
12- Exhibit 4 Landtec feeSchedule '15' (2) 3 LANDTEC ENGINEERS
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
GEOSYNTHETICS CONT'D
Permeability( GCL) ...................................................................... ............................... $ 250.00 /test
Puncture Resistance (ASTM D 4833) .......................................... ............................... $ 35.00 /test
Tear Resistance (ASTM D 1004) ................................................. ............................... $ 42.00 /test
Moisture Content (ASTM D 4643, D2216) ................................. ............................... $ 15.00 /test
GEOTEXTILES
Apparent Opening Size (ASTM D 475 1) ..................
Hydraulic Transmissivity (ASTM D 4716) ..............
Mass/Unit Area (ASTM D 5261, D 3776) ................
Permittivity /Permeability (ASTM D 4491) ..............
Thickness (ASTM D 1777, D 5199) .........................
Tensile (Grab) (ASTM D 4632) . ...............................
Puncture Resistance (ASTM D 4833) .......................
Tear Restistance (ASTM D 4533 ) .............................
ASPHALT
............... ............................... $
86.00 /test
............... ............................... $
81.00 /test
............... ............................... $
10.00 /test
............... ............................... $
70.00 /test
............... ............................... $
10.00 /test
............... ............................... $
52.00 /test
............... ............................... $
35.00 /test
............... ............................... $
52.00 /test
Extraction & Gradation ................................................................ ...............................
$ 195.00 /test
Thickness.......................................................... ..............................$
15.00 /test
BulkSpecific Gravity ................................................................... ...............................
$ 21.50 /test
Cores /ea /inch of depth (Min. 3/ trip) ............................................. ...............................
$ 10.00 /inch
Max. Theoretical SG .................................................................... ...............................
$ 75.00 /test
RiceGravity ........................................................................... ...............................
$ 75.00 /test
Disposal Fee (Environmental) ..................................................... ...............................
$ 30.00 /each
LabMold /Density ........................................................................ ...............................
$ 87.00 /test
Stability........................................................................... ...............................
$ 170.00 /test
CoreDensity .......................................................................... ...............................
$ 34.00 /each
CoreThickness ........................................................................... ...............................
$ 15.00 /each
CorePatch ........................................................................... ...............................
$ 10.00 /each
Equipment Fee (in addition to coring fees) .................................. ...............................
$ 150.00 /each
STRUCTURALSTEEL
CWI/Structural Steel Inspection, visual (min. 4 hours/ trip) ......... ............................... $ 65.00 /hour
Ultrasonic Testing (min. 4 hours / trip) .......................................... ............................... $ 75.00 /hour
Material /Equipment Fee ............................................................... ............................... $ 45.00 /each
(Added to Ultrasonic, Magnetic Particle & Liquid Penetrant Testing)
FLOOR FLATNESS
MinimumCharge .................................................................... ...............................
Over15,000 sf ........................................................................ ...............................
$ 495.00 /each
$ 0.027 /sf
12- Exhibit 4 Landtec feeSchedule '15' (2) 4 LANDTEC ENGINEERS
DocuSign Envelope ID: C58E3656- 53FA- 428D- A5F5- FD312E54ECC6
NOTES:
1. Field test rates are charged per test in addition to technician hourly rates.
2. A minimum of four (4) hours technician time and vehicle charge will be billed for each call
out, sample or specimen pickup.
3. Technician time is charged portal -to- portal.
4. Overtime rates are 1.5 times regular rate for hours worked over 8 hours per day or hours
before 7:00 am and /or after 5:00 pm. Lab and field services performed on Saturday,
Sunday and Holidays will be charged at 1.5 time's regular rate.
5. Engineer time is minimum of 4 hours and support vehicle charge for field visits.
6. Drilling rates are for depths of 100 feet or less.
7. Additional tests not included in this schedule of fees will be quoted upon request.
8. All fees subject to change without notice.
9. Next day results for standard proctor (if available) will be charged at 1.5 time's standard
unit price.
CONFIDENTIAL - Not for use on any other project or for any other purposes without written permission from
LANDTEC ENGINEERS, LLC.
12- Exhibit 4 Landtec feeSchedule '15' (2)J LANDTEC ENGINEERS
DocuSign Envelope ID: C58E3656-53FA-428D-A5F5-FD312E54ECC6
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
I
Name of business entity filing form, and the city, state and country of the business entity's place
Certificate Number:
of business.
2016-9660
Graham Associates, Inc.
Arlington, TX United States
Date Filed:
2
Name of governmental entity or state agency that is a party to the contract for which the form is
02/05/2016
being filed.
City Of Denton, Texas
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
5758
Contract for Civil Engineering Services for Ruddell Street @ Mingo Road
4
Nature of interest (check applicable)
Name of Interested Party
City, State, Country (place of business)
Controlling
Intermediary
Graham Associates, Inc.
Arlington, TX United States
X
5
Check only if there is NO Interested Party, El
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
DEANNA L. JOHNSON 0.
JON
Texas
Notary Public, State of Texas
016
My Coiiim, Expires 4-14-2016
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the
fl,'N day of
20-,� to certify which, witness my hand and seal of office.
�fofficer �.ath
Signature admmistenng Printed
Forms provided by Texas Ethics Commission www.ethics.state.tx.us
Version V1.0.34944
000uSign Envelope ID: os8Eas5s-5aFA4uoo~^5F5-Foa1uEs4Eoos
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law byo��23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 178. Local Government Code, Date Received
by a vendor who has a business relationship as defined by Section 176.001 (1 -a) with a local
governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that require the statement tobefiled. See Section 17S.O0S(a-1). Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006. Local U
U
Government Code. An offense under this section ivamisdemeanor. n
MarkBmckhard
(rho law requires that you file on updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
Frank, G. Payne
Name of Officer
This section (item 0including subparts A,B.C.&D)must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 178.O81(1-a). Local Government Code. Attach additional
pages 0u this Form C|Oasnecessary.
A. Is the local government officer named in this section receiving or likely to mooivo taxable incoma, other than investment
income, from the vendor?
1:1 Yes FT No
B. |s the vendor receiving or likely m receive taxable income, other than investment income, from oru1 the direction cd the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
El Yes 171 No
C. |e the filer ofthis questionnaire employed by aooqmmhon nr other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership interest of one percent or more?
El Yes MNo
D. Describe each employment or business and family relationship with the local government officer named in this section.
Civil Engineering Consulting Engineer for City o[Denton
6 '4S
Signature m vendor doing business with the governmental entity
Date
Adopted 8/7/2015
S t C U ft t
Certificate Of Completion
Envelope Id: C58E365653FA428DA5F5FD312E54ECC6
Status: Completed
Subject: Please DocuSign: Contract Documents 6064
Source Envelope:
Document Pages: 62 Signatures: 4
Envelope Originator:
Certificate Pages: 6 Initials: 0
Karen E. Smith
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karen.smith @cityofdenton.com
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IPAddress: 129.120.6.150
Time Zone: (UTC- 06:00) Central Time (US & Canada)
Record Tracking
Status: Original Holder: Karen E. Smith
Location: DocuSign
2/8/2016 3:30:54 PM karen.smith @cityofdenton.com
Signer Events Signature
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Karen E. Smith Completed
Sent: 2/8/20163:37:12 PM
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mburckhard @grahamcivil.com Ell—Signed
°"k �"^`'`�°`°t Resent: 2/9/2016 10:39:33 AM
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John Knight ED—Signed by: Sent: 2/9/2016 11:30:25 AM
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Deputy City Attorney c821996CMM439 Signed: 2/9/2016 11:46:45 AM
City of Denton
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Signer Events
George C. Campbell
george.campbell@cityofdenton.com
City Manager
City of Denton
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City Secretary
City of Denton
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4884E925FOE6480...
Using IP Address: 129.120.6.150
EDocuSigned by:
C58FAFC182194� w 6D...
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Julia Winkley F�''I E [
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Accepted: 3/3/2016 10:39:03 AM
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Sherri Thurman COPIED
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Robin Fox �''I E
Robin.fox @cityofdenton.com
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Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 1:39:51 PM
ID: 04463961- 03db -4c4d- 9228- d660d6146ed6
Jennifer Bridges �''I E
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
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Timestamp
Sent: 2/16/2016 3:32:15 PM
Viewed: 2/16/2016 4:52:49 PM
Signed: 2/29/2016 3:16:07 PM
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3/2/2016 11:51:13 AM
3/2/2016 11:51:13 AM
3/2/2016 11:51:13 AM
Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM
Parties agreed to: Mark Burckhard, Julia Winkley, Julia Winkley, Robin Fox
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: kevin.gunn @cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e -mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at kevin.gunn @cityofdenton.com
and in the body of such request you must state: your previous e -mail address, your new e -mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e -mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e -mail to kevin.gunn @cityofdenton.com and in
the body of such request you must state your e -mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an e -mail to kevin.gunn @cityofdenton.com and in the body of such request you
must state your e -mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems:
Windows2000? or WindowsXP?
Browsers (for SENDERS):
Internet Explorer 6.0? or above
Browsers (for SIGNERS):
Internet Explorer 6.0 ?, Mozilla FireFox 1.0,
NetSca e 7.2 (or above)
Email:
Access to a valid email account
Screen Resolution:
800 x 600 minimum
Enabled Security Settings:
-Allow per session cookies
-Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e -mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.