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Item 5ECity of Southlake, Texas MEMORANDUM April 18, 2006 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Authorize the Mayor to execute a Professional Services Agreement with Graham Associates for design of 05/06 CIP North White Chapel Blvd. from Highland Street to S.H. 114. Action Requested: Authorize the Mayor to execute a Professional Services Agreement with Graham Associates for design of 05/06 CIP North White Chapel Blvd. from Highland Street to S.H. 114. Background Information: Under a previously awarded contract, Graham Associates, Inc. completed the preliminary engineering for North White Chapel Blvd. from Bicentennial Park to S.H. 114. The subject contract is for the creation of the final design and specifications necessary for the bid, award and construction of North White Chapel from Highland Street to S.H. 114. Funds for this project were included in the 05/06 CIP. Financial Considerations: The engineering fee is $120,242.69 and hinds are available from the 05/06 CIP. Citizen Input/ Board Review: None Legal Review: This is the City's standard professional services agreement, originally, drafted by the City Attorney. Alternatives: The City Council may approve it or deny it. Supporting Documents: Agreement Location Map Utility Plan Staff Recommendation: Authorize the Mayor to execute a Professional Services Agreement with Graham Associates for design of 05/06 CIP North White Chapel Blvd. from Highland Street to S. H. 114. Staff Contact: Robert H. Price, P.E., Public Works Director Clayton Redinger, Construction Manager Cheryl Taylor, P.E., Civil Engineer STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR IPIROP"S> ONAL SERVICES THIS 19 AN AGREEMENT made as of , 2(K)6 be wrrn the 'CITY OF SOUTHLAKE, TEXAS, a municipal corporation and halm rule Cit with its retrain olTices kcelated at 1400 Main Street, Southlake -, 'Tarrant County,. Texas (OWNER) and GRAHAM A.SSO+CIA,TF..S, N. C. Texas (ENGINEER). OWNER imcnds to acquire all prrfvmlonal engineering se,viDm squired for the pivject known as WHITE CHA:PEI, iROAD FROM 20 PR" SOUTR OF HICHLAND STREET TO S.H. - 114, late Arresaid servirccs are otherwise d+ gibed in that Scope of Work and fees aumhed hereto as AttachFnent "A' tbrangh 'G" and far all purposes inc*rpmted herein ftminabw called the Prcrject)- OWNER and ENGINEER. in +conside astern of dwiT matual co*enants herein agret in "ect of the perfornmice of professional engineering services by ENGINEER and the payment for those servicm by OWNER as set farlh below. SECTION 1 —BASIC SERVICES OF ENGINEER 1.1. Ceneral. LLL ENGINEER shall prtrvide for OWNER prnfieasinnal enoneering service in all phases of tale Project to which this Ag.eenwnt, applies as herainafler pnovided, Tbese amices will include eerving as OWNER's profess%onal engineering reprr4erotative for the project, providing professional enguzeering 1 - , onstrlra an and advice and funrislring customary civil servir -TA inoi kot#al thereto. 1.2. Study acrd R"A Phwe. After written authorization to proobbd, ENGINEER shall. 1.2. 1. Consult witli OWNER to clarify and define OWNEWs requirements fpr lire Ptbjtct and rovieww available data. Advise OWN4K as to the necessity of OWNER'S providing or obtaining from otters data or savim of the types describbd in paragrtaph 3.4,, and assist OWNSK in obtaining such data and sarvices- and for +smites seavir:es lu be providBd by -others for Owner pursuant to pm agraphs 3.+ xhrouglr '3,11, inclusive, The total of all such costs, allowances, etc. are beneinaafler called - Total Project Costs ". [..2 -3. Identify and analyze nequirenients of govemwenta] authorities having jurisdiction to approve the design of the Project and participate in consultaflow whir such FUlh cities, 1.24- Provide aattiaysds of OWNER's rte**, pImning . surveys, site evaluations and mmparattiue studies of prvspK - Uve sites and saolutiana. 1.2.5. Provide a general ec613Qmic atratysis or OWNER's requireRletats applicable tat variOUS altcTrratives. 1 -2.6- lhepare a Report conleuning schematic layouts. sketches and conceptual deign criteria with apprapr atc exhibits to indicate clt:arle the comiderat6ons involved (including applicable requirerneets of govuernawntal authorities having jurisdiction as aforesaA) and the altertrative solutions available to OWNER and getting Barth ENGINEER'S RiLdings and tecoinmerdstions, This Report will be accompanied by ENOTNEER's opinion of probable casts for the Project, inclwding the following which will be separaoly itemized= Constructian Co6t, alloxranre for engineering casts anal contingencies, acrd (orgy the basis of infoFniativn furnished by OWNER) allowances f`,?r sueb other items as c harSes of all other pmfmionsls and congultanu, for the i cry€ of land and cigars -of -way, fat - Compensation for or damages to properties, for interest and ftlrtancing charges in person with OWNER- 13. Preliminary Design Phase. 1.2 -7. Furru:eh multiple copies of slit Study and Report doeauments (nui to exceed five(S) copies) and review dwm After written aitthwizadon to proceed with the Prel4iiinary OcdSn Phase., ENGINEER shall: Page 1 of 12 PageB 13. 1. In consultation with OWNER and on the basis of the acted Study and Report document, detcrmi the general scope, extent and charmeterofthe Project„ 1.3.2. Prepare Preliminary Deign ducjrments consisting Of final design eritdr a, pTllimitteory &MIA - Mltlina sprecllleations and wrioen desc iptions oftlie Project. 1.3.3, Advise OWNER if additional data or services of the types &.4cribed in paragraph 3.4 are necessary and assist OWNER in obtaining such data and services. 1.14, pried on the infurmalion contained in the preliminary liesip &cum,ents, submit a revised opinion of probable Total Praject Casts, . 1.3.5. Furnish multiple copies of the above Preliminary Design docurrients and present and review therm in perscm with OWNER, not to cxcecd five (5) coocs. 1.3.6. Derive right-of-way (ROW) Bala and easement docunwnts as needed for tlae OWNER to begin land acquisitiom IA. Final Design Phxse. After written autlterization to pmeeed with the Final Design Phase, ENGINEER shall; 1_4e1. On the basis of the acoepled Pnelirninarp Desip documents and the wised opinion of protxablc 'fatal Project Costs prepana far incorporolian in ft Corvtr= Da urmms fine] drawings to show the gere'ral wArpe. extent and character of the work to be furnished and performed by Camtractor er) (h inaftcr called 'Drawings ") oilld }e ificalio 1.4.2. Provide technical criteria, wrin desaripraons and design data for OWNER'a use in flit g applications for permits with or obtaining approvala of such governmen l authuiyties as have jurisdiction go approve the design of the Filoject, and assist OWNER in consultatiow with appropriate atritrorities. 1.4.3. Advise O WNER of any adjustrrreerrts to the latest opinion of prrobable 'lbtal Project Costs caused by changes in general scope, extent or cheracter or design requirernerts of the Project or Corrst=tion Cogts. Furnish to OW NER a revised Winion of probable Total Project Costs based on the DrHwinp and Specificstiorrs. 1.4.4. Prepare for review and approval by OWNER, its lust counsel and other advi�sors cm>nutact agreement forms, general canditions and sugplCrtlientiFy cbmitioars, and (where appropriate) bid fork, imvitatioi>.s to bid and instructions to bidders. 1.4.5. Finnish mmikiliple rpies of tPuL abrrwre dotnkmentg and of the Drawings and Specifications and present and rrvicw t?rcm in person with OWNER, not to cx*md five (5) copies- 1.5, Bidding for Negotiating Phase. After wAtten autlwti2ation to proceed with the Bidding or Negotiating Phase, ENCHMER shall: 1.5.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prune contract for construction materials, cqrripment and services; and, where applicable, maintain a record of prospe tiva bidders W whom Bidding Documents have been issued, attend 1fc-bid oonforen and receive arrd propcS.S deceits for Bidding Doo- urneras_ 1.5.2. Assist OW ER in issuing addends as appropriate to interpret, clarify or expand the Bidding Documents. 1.53. C,vrtsult with. and advise OWNER as to the acceptability of wbooFoncctm, suppliers and other persons and organizations proposed by dw prime embaetor(s) (herein called "Conowtor(s) ") for these portions of the wort as to which such acceptability is requirmd by the Bidding Mcu ents. 1.5.4. Consult with OWNER conoerning and determine OK acceptability of substimto materials and oquipmcw propwo9ed by C;onhactor(s) when substitution prior to the award of contracts is allowed by the Bidding Dovuments_ I.5.$. Attend the grid optning, prepare bidd tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and $wending contracts for vonstiuctivn, materials, oquipmerit and smwiccs_ Page 2 of l2 Pagvs iI,S, t'pnwiloion Phase, Daring the Constru Phase: 1 - visits to Sue and observoon trf crosda'x ac on. in mnnect'ron with observations of lire work ofitontractor(s) while it is in progress; ENGINEER shall make visits to the site at irtterwals nppropriata to rho variou9 stages of cotrwtrtrction a% necessary in order to ohserwe as an experienced and qualified design professional the progress and quality of the varim aaspwu of Contrnctor(s)' work. Based on inferntialion obtained during teuch visits and on such observations, ENGINEER shall endeavor to determine in g"cral if such work is proceeding in aevordanoe with the Contract nocumrnts and ENGINEER .shall keels ( d'sWNER is lornted of the progress of the Vlrrrk, 1.6.1.2. The purpow of ENGIN R 's visitR to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undeMken by ENGINEER during tits Coronction Mace, and in addiocn, by extamLw of ENGINEERa efforts au an expmiencrd and qualified design professional, to pwv de for OW14ER a greatter degree of eonfideram that the complcttd work of Contrwt,or(s) gill confaim garrerally tQ the Contraf-t Dortui Tents and that the integrity of the design concept as reflected in the Contract Documents 1ras 6ccn implemented and preserved by trontracLQr(u)_ On the other ham ENGINEER shall not, duri ng such visits or as a result of such observations of CantmaoTNs)' work in progress, supervise, direct or have control aver Conrwtor {s}' work nor ehal! ENGINEER have authority over or responsibility for they mcam, methods, technigttt4s, sequences or prnoedures of consteuc6ors elected by aC€9ritmadr(s), For safety pmeautions and programs incidem to the work of Conrtraetot(s) or far any failure of Contractors) to comply with laws, nut", regulations, ordinances, codes or arlcrs Wpllcablc to Cuntractcar(s) furnishing and performing their vrrr& Accordingly, ENGINEER. rain neither guarawt tho pc fomiance of the construction contracts by Contractar(s) Mir assume ,esprrnsibility for +Ccntrartoir(s)" failure to Furnish and rAffoTin their work in accordance with the CortMt Doetttnents, 1.6.2 ftervr and Clarifications. ENGn4 ER shall issue rwcessary interpretations and clarifications of the Contrzet Documents a13 raqucsttd by the Owner. 1.63- Shop Drawitegs- ENGINEER shall review and approve (or take other appropriate action in reupact of) Shop Dm%ringsr, 4arrrplea and other data which C0Mtr8c10r(s) ate required to submit, but only For conformance with The design wroept of tlac Project and aotnpli r= with the information glymn in the Contract Documents, Simh reviews and approvals or other action shall not extend to means, methods. tech"ues, sequences or prvicedum c4copt%ruction or to safety precautions an,d programs incident thereto- 1,6,4. Subsidaules. ENGINEER shall evaluate this acceptability of sttbs iUAc matcrWs and equipment pr&pwd by Corrtractor(s) and make re :ontmeadations to OWNER, nbjtct to the provisions of paragraph 2.2,2, l - +5. Disput= bef OWNER and L:arrrraclar- ENGINM shall act Lis initial interpreter of the requirements of tee Coarser Documents and judge crf the acceptability of the work p€rFornaed dicreunder. ENGINEER shall also make =ommtndAtions to OWNER on all clairns of Contractor(s) relating to the ac parability of the Work Of tea irttLrprt:tatim o tho requirements of the Canimat Documents pertaining to the ex&ution mid prowess of the work. OWNER has the final decision v.ah regard to such disputes, 1 -6 -6- Limitalum of Respdrrs lrititiBS. ENGINEER shalt treat be responsible to OWNER for the acts arornisskw of any Contractor, or of any subcomacw or supplier, or any oftlue I~'+0[rtnWtQF(s)' or subs T11FWtar'% OF supfrlier's aRcnts or employees 42t any other person (except ENGINEER's own employees and agents) whether at the site or othhnwisc furnishing gar nerfnrn ing any of the Contraclar(s)' work; howe a -r, nothing Comained in p&agrraphs L&L thro gh 1.5.6 inclusive, shall be construed to rel"s* UNOINUR from liability For faiiurc w properly perform duties and FmTobnaibilities assumed by ENGINEER in the Contract Dtpe rftnts- 1,7.Operational Phase Dwing the Gpaexational Fhase, ENGINEER shall, when requested by 'OWNER: 1.71, Prepare a set of repmducibla record hints of Drawings sbowaing Use changes made doming the mnsttvction prnccss, based on the narked -up prinis, drawhW and alher data furnished by ContractuI�s) NO ENGINEEsR, 1.7.2- In company with OWNER, +visit the Project to observe any apparent defects in the cotrg5leted construction, assist OWNER in consultatiom and Paige 3 of 12 Rages discus tiorr-g with C.ontmctoa{s) oorraerning correction of such deficiencies and make reminmen4at ons as to replz&=nent or correction of defectivc work. SIECT10K 2—ADDI'I-IMAL SERVICES OF ENCANEE R 2.1. 5ervkw Realiiirin-, Authoria0fon in Advance. If au(hwited in writing by OWNER, EKGINEER shall furnish ar obt; in frmn othei5 Additional acrviwA of the types listod in paragraphs 2.1[.1. throiiSh 2.1.14. inclusive. `ncc.w services are not included as part of Basic Sc.Tvk s except to the exten pr ovid ed otberwi29c in this Agreement, these will be paid for by OWNER as indicated in Scati6nt 5. 2.1.1. Prepwation of applicaticm and suppariing donurncnts (in addition to thou` fatinUed under Basic dices) for private or guvemnwntal grants, loans or aclvanus in connection with ft Prajwt pr cation or review of cnviro irrrerttal ssscorm nts find impact statements; review and evaluation of the effect on the desiga requireimmts of the Proi -W m any sueh statements and docurnearts ,prepared by others; oLd aagistmea in obtaining apPn;nMls ofauthorities having jurisdiction corer the aniioipakd errvirxatlmental itrrtw of the project. 2.1.2. Services to make mmured draweegs of or 1[€a inve9tigme existing conditions or facilities, or to verify the auxuraoy of drawings or other inforrnatiQn furnished by OWNER. 2.1.3. Services resulting kom significant changes in the general scope, extent or character of the. Project or its design inchltl n& but not limited to changes in size, mrrgl e:eity, OWlktER's sClredele, character of bonstmaion or me4iod of financing, and rtviaing previously accented studies, reports, design documents or Contract Jl mrrnentja when -nwh revisions are required by a#wngcs in laws, rulm, regulations, ordinanow. codes or orders enacted sub"quent to the pre archon of such . studies, mports -or documcnis, or are due to any other cause bcymnd ENGINEER'S Cotrtrol. 2.1.4. Providing renderings or mcsdels for OWd Mk's use. 2,13. Preparing docurnenis for altenlate bids rr=gtrr'sked by OWNER for Contractorr(s }' work which is not exeVultd or daautrrents forout- cif -s ,ence work- x.1.6. InvC#t p ions wid studies involving, but not limited ter, detailed conaidetatiCtl Of vperatiolrs, mint MICe and overhead er4pengeri; providing value +an ineering during IM course of design; the Preparation of frlxility studies. cash flow and econornic evaluations, rate schedules and appraisals; assistance in obtaining financitrg for the l"rojea;, evaluating; pt au avBilalpte for licensing and as9isting OWN in obtaining prtrG 3ictming; detailed quantity surveys of material,, equipment and labor; and audits or in T€ quired in connot i*n with construction psrfomxd by OWNER- 2.1.7. Furnishing services of independent ProfMinnal assodate!s and consul=9 for other Own Basic Services, (which include, but arc 1101[ limited 1[c+, custcnrrary civil, structural, fttechafticaL and ek5ctrical engitleer ng and Cumom&ry architectural 4esign incidental therct6); and providing drat or scrvim of tire. types de&[dbed its €earagralah 3A when OWNER employs EKGTNEER to provide such data or services in lieu of furnishing the same era accordance with paragraph 3.4. 2.1.5- If ENGI NEER's coayVmatiw is on the basis of a h grip suiar, percent a of CorstructioD C*st. or coot -plus a fixed fee method ofpaynwt, sc icc9 renting from the award of woo separate prime contram for tooMiuct rnaterials Cl• equipment for the 1Pruj+cet tiw are contemplated by paragraph 5 -11. if EN-GI fEER's campcn9atian is ten the his of a Percevvtage of Corrs1[nxtfon Cast and ENGIN has been required to prepare Contract Do amts on tlt+c assumption that mQre than one primes corrtra'et will be awarded for €mj-nstrut&iabn, niserialo and equipment, but Only one lsrime contract is avpwded for coostruction, materials and equipment for ilrc Project, services atuibulablB to the preparation of contrast dns.samcntata,an that was rendeaed unusable and any rcvir,L*n9 or a,dditieoM to contract documentation used that vas ruecessitatetl lay the award of wily one pdrnc contract Servicm during out- ofttoven travel required of ENC` MEER Other than visits to the site or OWNER's office as required by sc4tion 1. 11.10- AmiAwice in connection with kid prated, rebidding, or renegotiating corAmts for cvrstructiot� materials, cqukprncnt or w"im when EAICINF.l It did not create or contribute to the event or situation requiring said assistance, rebidding, renegotiating, tnat+ea-ials, equipttmettt. ter sMervices. 2 -1. t l . Providing any tyre of property surveys or related engineering services needed for the tmnsfar of intaresvr in real property and field st►rr for design pwimee and eng.inec inn sunrey3 and sta1ring to enable ConlrWor(s) to Page 4 of 12 Pages proceed wiff3 ihcir work', and providing other spec field surveys. 2.1.12_ Prt of op,eratirrg, matintenance and staMFkg manuals to supplement Basic Services under pamgmaph 1.7. 2.9,13. Pre tilt io mve or serving as a commitant or witness for OWNER in any litigation, wlbitratian or other legal or administrative proceeding involving the Project unless ENGINEER created or corimbuted to The a Luse of the litigation. 2.1.14. Additional services in connection With the Project, including services which are to be furnished by OWNER in accrrrdertce with Section 3, anti scrvic 5 Jwt Qdw wise provided for in this A.grecment_ M. Required Additional Services. When required by the Contract Documents in t:1FC=5 2riCes beyond ENGII' FFR's ccontrai, E NGINEER shall furnish or ol,tain from others, as circutarices sxmquir? during construdion and with specific authorization from OWNER, Additional Services of the Types listen in paragraphs 2.2.1 through 22.6, inclus ve- Fhesc smices arc nit included as Bart of Basic Services. HNGINV R sMl advise flWNEif promptly before starting any of the following additional sarvion wbieh will be paid for by QWN6k as cnd'cettd in Section S. 2.2.1. Services in connection. with work dim-ouuc charts and clmnge orders to reflect chances requcADd by OWNER if the molting chant in Compensation for B asic, Services is not ocmmnensurate with the additional scrum rendered. 2.2.2. Services in rruaking revisions to Drawings and SpeMfWatians oecaSirn od by file accctytance of subuit ilions proposed by Cvntraetor(a); and :aervi"s after the award ofeach contract in evaluating and determining tlic cptability of an urweasondble or exmsive number 4faubstitutioea proposed by Contea&tm. 2,23. Services resulting from significant delays;, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 2.3.4. Additional or extended services during consttmction made necessuy by (1) work damagcd Fty fire or other Mute during construction, (2) it 57i3r Akant frrrtmtnt of defective or neglected work of a iiy Contractor, (3) acceleration of the progress schedttly involving services beyond normal Working hours. or (4) default by any anlraetor. 2.2-5. Services (other fta Basic Savicas during thc- Operations Phase} in connection with any partial utilization of any part of the Projtsctby OWNER prior to Substantial ConTletion_ 2.2.6_ Evaluating an unreasonable or extensive number of claims sahmittcd by Contractors) or others in connection with the work. OWNER shall do the fbilowitg irk a timely manner m as not to deley the sierrices of ENGINEER: SECTION 3 WNE 'S RESPONSIBILITIES 3.1. Desigrmte in writing a person to acct as OWTY -Wo representative with Meet, to the services to be rendered under fts Agreement. Such pw3son shall have ownpIft authority to 'transmit ins4trctkns, receive information, into prct and &dine [7WNER's fwticies and dzelsions with respect to ENGINEEWt. servic= for the Project, 3.2. Provides all criteria and full inftrrmatinn as to OWNE,R'5 rsquh=enis for the Project, including design objectives and constraints, .space, np acity and performance requircr env, flexibility and erpandabilky„ and any budgpiary limitations; and furnish copies of all &sign and oorestruct on standards which OWNER will requive to be included in tlec Drmvitggs and 8prcifw4rt entr_ 3..3_ As4ist ENGINEER by placing at ENGINEER's disposal all available information pertinent to tlse Project including previous reports and any a nther data relative-. t o design or construction of the Pm t. 3r#. Furn sl3 to Ehlti114II ER, as required for perfor of ENGINICEli's Bas 'Services (exe-ept to the extent provided otherwiae in this Agteenaerrt) the following: 3,4,1. dam prepared by or resulting from the serous of odwr; including wifhout litnitation borings, pmbinp and subsurface explorations. hydrographic surveys, laboratory tests and iatspectiom of smples, materials and equipment' 3.A.2, appropriate professionsT interprctations of all of the foregoing; 3.4,3. environruenral assessment and taVact Page 5 of 12 Pages statements; 3.4_+4. property, bt Lmdary, easernent, right-of-way, tapographic and utility surveys, to the extent required by ENGINEER, and only if trot required to be pDt*rmcd by 1 NOINEER as set out in ENGINEER% Ftoposail; 3.4,5. property descriptiDw — , 3A.6 twsing, deed and other land use restrictions all of which ENGINEER may rise and rely upon in performing services under this Agreenwnt. 3.5, Provide cnginmring surmys to catabliA reference poirta for eunstruvtian {unless requiFtd to be perforated by Engineer as Basic Services under ENOINEER's proposaa €) to eatable C6n1raC$or(e} to pmceed with tine layout oftitc work. 3,6. Arrange for access to and [Wake all provisions For EM31flEER to enter upon public and privale property as mquircd fnr ENGINEER to perform services uwler this Agreemetet. 3.7. EXSMine All stttdics, FepOrts, 5kerches, Drawings, &Pdcjf3Cdb0FM,, ptr'<posals and outer doctrnasMS presented by ENGINEER, obtain Mvice of an attorrwy, insurance counselor avid other corrsultaaots as aANER deems appropriate for such exarnanation and ettrdtr in weiting dt6sians pertaining thereto within a reasonable time so as rtot to delay the services ofENGiNEPlkt _i.S. 'Furnish approval& and permits from all gowemmental authorities having jurisdiction over dw Project and SUCK approvals and rori5 nts from (Yther9 act nay bt mcessary for cAimpletion of the Project, unless mquiTed to be performed by ENCHREER. as Basic Serwim under this Agreement, 3.9_ Provide Such accounting, independent cost estimating and insurance counseling Services as Wray, in tire= j'udgemcnt of thr OWNER, be required for die Project, such legs[ services as OWNER rmy require OF ENGINEER may reasonably request with regard to legal issues pertaining to 6a Project including any that may be raised by Corm-actor(s), such Audkitt$ service & OWNER may ragttire to ascerWin Brow or for what pwpose any Contramr has used the moneys paid under the construction vontmet, sari such inspection services as OWNER may require to ascertatim that Ccxatractotr(s) an complying with any law, . rule, regulation, ordinance, code or order applicablo to their furmfsfring and perN ming [lit M"* 3,10 if OWNER designates: a person to represent OWNER at the site who is nut ENGINEER or ENGINEE-Ws agent or empFoyee, the duties, responsibilities and limitations of authority of stwll oti:t+er person and the affect thereof on the duties and respunsibili6cs of ENOINEER and the Rtsidcnt Project Representatiiwe (and any assistmits) will be vet forth in. an exhibit that is to be identilled, attached to and medic apart of this Agreement bc$nre such services beght_ 3,1 1. If drove than one prime contract is W be awarded for co9rs1ruction, materials, equipment and services for dw Entire Pmjxt, designate a p awn or organization to have authority and reapordilA ily for coordinating the activities among, the various priM contractors- 3.12_ Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for servicgs to be provided by others for OWNER (such as services pursuant to paragraphs 3.7 thraugir 3.11, iaclusi+t) sea [Butt ENGINEER may make the necessary findings to support opinions ofprob -able Total Project Costs. 3.13. Attend the pre -bid ranfcreretc, bid Gpcning, pro- construction conferences, corrskruction progress and other job - related ameetin,gs and Rubstamial campletiaan inepWiorrs sari final pdynnent ins rosins_ 3,14. Give prompt writnen notice to EP INFER wbenevaF OWNER rfx9crves or otherwise baxomcs aware of .any devvelupment that aafftets the scrape or tiding of ENGINEER's services, or any defect or non nforrmnce in the work of any Gontrae#sr, 3.13. Fairnis}i, or dit t ENGINEER to provide Additional Services as stipulawd in paragraph 2.1 of this AgFeemnt or Ddmr 9crtric= as required. 3.16. ENGINEER shall not be obligated to bear any of [be costs of eompliancc with this Scction }, SECTION 4—PlEkIOTA OF SERV ICE. 4.1.The provisions of this Section 4 and the various rates of compensation for ENGINEER`S services provided for elsewhtrt in this Agreertrent have been agreed to in Sri kilaation of the of and continuous progress of the Project Through completion of the Operational Phase. E.NGIN> EE's obliption to render -ieryf= hereuntitir avill Page 6 of 12 Pages extemd for a period *aide ropy remonabty be required for the design. award of contracts, construction and initial operation of tlrb Project inc-lud ing extra work and €egn1red Mlensiott periods of titblC ()r rendering services epee set . forth of spccific dates 4y which services ait to be completed an progided and if such dates are exceeded through rmo. fault of ENGMEER, all rues, measures and amounts of compensation provided. herein may be subject to equita+bEc acljwstrncnt. 41_ The services called for in the Study and Report Ptaw will be completed and dtc Re}rrtrt sulkinittad within any stiilrula" period indimted in Sectica B hereof after written authorization to proceed with that p1me of services which will be given by OWNER viitbin seven (7) +days after ENOMEER has signed this AgmtmmL 4.3_ Af w acceptance by OWNER of the Study and Repatt Phase do-immrents indicating any specific. naodifications cvr changes in the gerteral scope, extent or character of the Project desired by OWNER, and it n vainer authorization from OWNER, ]ENGINEER shill proceed with the performance of the m vims called for in the l iirn rtary l sit3t'' Phase, and shall submit preliminary design docurnents and s mvised opinion of probable Total Project Costs within any stipulated period. 4.4_ Ater ac4eptartce by OWNER of the PreGmineay Deign Phase documetats and revisal opinion o prrlrabie 'fatal Project Cow, irodkating any apeciiftc maJi�Jcttions or changes in floc general mope, extent or character of the Project desired by OWNEK and upon wrimn authori Lion from OWNER, ENOTNEER shall herd with the performance of the scrwibes called lbr in the Final Dtaign Phase; and &ball deliver Contract Documents and a revised opinion of probable Total. Project Costs for all work of Contum- roe (s) on the Project within any stpulated pcaiod indicated in Section B hereof; 4.5. ENGINE511 a .5eraim under dre Study and Report Phase, Preliminary 15esign Phase and Final Design Phase shall each be considered complete when the submissiom for that phase have been accepted by G NIEM, A.f_ Aces acceptance by {OWNER of tl7e t1NGINEER7s Diawings, Specifications and outer Final lign Phase docunmtation incipaiTig the most recent opinion of probablc 'Total YrqJmt Casts turd upon written authorization to proaved, ENGINEER shall proceed with performance of the services +:tilted far in thr+ Bidding or Negotiating Phase. This Florio shall terminate and the services to be rendered thereunder shall be considered onrnplete upon comer encenu -ni of the Construction Pic ar upon cessation of nogotiad ns wJth progmutive Contrat• lor(s), 4.7. The Conslruetion ' Phase camiriences with die: execution of the first prime cantles for the work of tltp Pizjoct or any part thereof; and sari Phase ten- ninales upon City Council approval of tho fout payment after wrincn recommendation by ENPINEER of final payinent on the last prime contract. to be completed. Construction Phase services may bv rendered at different times if the project invvlvet3 n;ore th-An One prime 60ft ttact. 4.8. The Operational Rlease may commerce during the Caonsttrucpou Phase and wili terminate Iwo (2) years after the date of City Council apPrvtil of the final Payment fur the last prime contract fov construction, materials and equipment on which substantial completion is achieved, 4 - ff OWNER requests sigttiftoant modifications or changes in the general scope, extent or character of the Project, the these of performance of RN INEMS' services my be adj;ustcd cgtrittably to reflect the aMiticrnal time and expense=s. if any, incurred by ENGFNEER to respond to the OWNER's rcqut st. 4.101 If ENQlNEEW!t services for the Design or Construction phases of the Project are delayed or suspended for more than one year for reasons beyond ,6Nli%NP.liR's control, t he various rates of oumpmsalion provided for elsc.wItenu in this Agreement may be subject to equitable adjuslinent upon submission of docurnontatron by ENOiNEER to OW NER estai blishtng the basis for curb adjustment. 4.11. In the event that the work designed or spetiFed by TENGTHFEIR is to be fumhhod or performed Ender mane than orso prince contracA, or if ENGINEER% services ate to be sepatuely sequenced with the work of one or more prince contractors (.such as in the case of fast ftaelking , OWNER arml ENGINEER shall, pritrr to commeme meat of the Fi3ml Design Phwe, develop a schedule fea performance of EN(31NEER's service during the Final Design, Wdngg or Ne. tinting and Conslructioi t Phases in order to segtwmat. and coordinate pioperily such n°ices ass are applicable era the Work under such Separate contract%, SECTION 5— PAYMENT To ENGINEER 5.1. M.thads of Payment for Servloes and Expenses of ENGINEER. 5.1.1. For design, construction plan preparation, Rage 7 of 12 Pages vDwLruc.tion doctment prepamflon (including bid proposal, specifixatiom. constw6un ountraU)., pm inspection, and all atlier &eTvice4 to be tendered by ENGINEER hemunder, as ft sarne are act out in the attached Exhibit, and as further &L4 nut :it these comir donurrients, save and except for specii special and add3tiWaJ services, OWNER shall pay to ENGINEER eq amo-init based on a lump sum and a cost and time per die rn 13aeis in a total amount net to ex S 320,242.6� For additiond services all dioriad l7y OWt4 in auzuTdance wiffi Section Z off ibis AgrwmM OWNER dnii pay in accordance with Live Aft*thed Exhibit "U'. 52, ' ARM it Payment ENGINEER shall raibmit monthly Mateffmis; for the wrvic,es ricnelertd and fbr The -expenses and Mvrly oosts incurred. The statiemM will be based upon ENGINEER's cstiriu% of the propoFticift of the total SeFViM RCWBIly COUFIMtcd at the firm of the billing. All Frionthly stalemms. shall be in a form as specified by and acceptable to OWNF-R. OWNER shell make payment upon said stwwaenu within thirty (39) days foltowl-ng rec4ipt thereof SIDMON 6—CONSTRUCTION CCST AND OPINIONS OF COST 6.1. Cont rudion Cost. 'Rio coiistwat" on&t of the entire PTpieot (herein referred to as "Construction C=) means tbo total w-9t W OWNER of those portions of Ow entire Pmji�cl designed and specified by 6NOINEER, but it will rLot include BNOMER's covVensation and expewes, the cost oof land, ri&s-or-way, or cormpensati-nn for or damages to properties unless This Agrmrrent so species, nor Will it Lnclludo OWMER's; legal, aomunting, insurance mtrnt;eling or auditing services, or interest and financing -charges incurred in with the Pn>jeacyr the cost of other wrvioi to be provided by others to OWNER purmant to Section 3, as applimble. [C CM is site of the iternis comprising ToW Project Costs which is defined in paragraph 6.2- Opinions of Cost, it is understood by the Parties that ENGINEER Iris iio VOME01 6*err the Mt Of 18bOF, FROWriAlS, CgUiPRItnt OF aerwicen furnished by otivem or over the Contr=tor(sY ritellhods of qjetumHng pricw, or over cmTWctiLive bidding or narket conditions- Therefore, ENGINEER s *niow -of probable Total Project Cogs and ConsMx-tkm Cost provided for herein are to be made. on the basis of ENGINEER"s cxpMencc and qWificaljoris and represent ENGINMR best jtt&Vnffn( as an experienced and ytvilifled professional engineer, familiar with the coWnKlion indway; but rWHNPFR. cannot and dues not gwaamtc-e that "asah, bids or uduai Total Protect OT Construction Coma Will not vary fyom opinions of pftlmble " prepared by ENGINEER, if prior tp tl*c Bidding or NqptWing Phase O'WYER wishes greater amrwicc as to Toad Prqjmt or Consmiction. Costs. OWNER shall rmploy an independent cost estimator as provided in imngraph 3.9. SECTION! 7—GENERAL CONS110FRA:110"L 7.1. Termhudom 7.1.1. The obligation to provide further services un4g; this AgreffAtnt may be terrninaftd by either party upon thirty (30) days' urrimn notice in the -event of substaricial fail= by the odi&T party to perform in accordatice with the terms hereof through no fault of the terminating party. 72. Reuw of Docurrien I& ENGINEER acknowledges that OWNER is a go-YeTomental cn ty and that all Drawings, SMificafians, aced other documents prepared or famished by ENGINEER (and ENGMEER's, professional associates and conskilumts) under this Agrvemcrit are instrurrmts. of &pm in m." of th6 Pixij&l and property of the OWNER srkd upon wnipletion of the PFoJea shall thereafter be subjM to the Texas Public, Information Act (Texas OGvemment 03de Chapter 552) and any other applicable lax % requiring public discimFe of the information cmitain&I in said documnis, 71} ln%mrance. 7.3.1. ENGINEER shall PTODUM and maintain insurance, in amounts "table to OWNER, for protection from cLdms under workers' compensation acts, claims for Par 8 of 12 Pages damrnages baxa of bodily injury including personal injury, sickness or disease or death of any and all ernployets or of any p' wii ti [Fier than such amployca9, frorn claims or da ago% bec:ruge of injury to or dcstau€.tion of property including loss of use resuting therefrom, and from damages or claims as a molt of actto oaf errors or omissions of the ENGI made during the perfonuw3 ra of this tract_ All liability insurance required under this paragrapb 7.3.1. shall inchidt, OWNER, t?WNER's agents and employees as additional named irtstircd akd be with a axmlx3ny or cunopoanies Sati5faCTOFY to OWNER. All workers' conVer►ssatian coverage shall include in its prvvisidom a wa vcr of any tights of subrogation againaft OWNER. 11.- - Before corrrmenoemem of any wank, the ENGINEER shall submit written cvidGnc. A►at he and ail Ids suk marwtars (if the ENGINEER employs subcsmtrw rs in the perf5t7nance of this Agreen>rent) have obtained the minimum insurance requited by the *is Apmtnent. Soch. written evidence shall be in the forma of a Cert ficaie of insurance esemLae l by the ENGiNEER's instrm noc canter showing such policies in force. for the spa 6fied period or 13y furnishing a copy of the actual policy or policies, Tach policy or cedifkeate will hear an endnrscmant Or Sta7lenlen't waiving riot Of C&r5ell2liofl or redua:tion in coverage without thirty (304) days' nodoc in writing to be d4vared by registered mail W the OWNER. 7, .. The ENGINEER shall not commence work under this Agreement until he has obtained at his expense all insurance regtiirW under tNr. strctiiCm and auch insurance has bcsen appFovcd by the OWNER, nor shall the ENGINEER allow any subconuaaor to commence w oA on any subcontract until all similaT insuranm Tpcltiirrd of the suboanuamT has bmn so olbtaired and approved. Such insurance shall rennin in flull fare and effect. on all phases of the work, Whether or not the work is ocmpied or utilized by dk OWNER, until all wm& utder the A,greencnt is compGct+cd and has been accepted by the OWNER. 7.3.4, Nothing containcd in the insurance Tcclvirernents. shall be constru - M as limiting the extent of ilte ENGIN R's resparnsibiliiy for payment of &rnageg resulting from big Opel 7,4. tantrofllng Law. This Agreement is to be Srivcrnad by the I$w of the state of Texas. Venue shell lie exclusively in Tarrant aunty, Texas- 7.5. Srtccessers acid ASSIgDL 7.3.1. OWNER and ENGINEER each is hereby bound and the partners, sumewm, exocutors, adminiZTatom end legal repmsctt wdv" of O%rNER and ENGINEER (and: for the cxinnt permitted by pwagreph 7.5.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreemcm and to the Partners, suc csson, cxccut , "ministrairrt and IrrA representatives (arid said assigns) of such other party, in respect of all cov agneenwnls and ol>I igations of this A,grevmartt.. ?.$I. Neither OWNER nor ENGINEER shall assign, sublet or transfer any tights trader or interest in (including, but without limitation, moneys that may become duc or moneys that art due) this Agreement without the written c+onscid of the other, exeept to the extent that any assignment, sobletting or tramsfcr is tnandated by law or the effect of this limitation may be rmtri d qty law. Unleo spcuifically stated to the contrary in any written C4nSLnt to an atgsigmfflt� M assignment will rclamr, or disohargc tk assignor from any duty or re9wnsibility tender this. Agreement. Nothing writaincd in this p =graph stall p7everit ENGINEER from employing such inftendent prof+essirnrtal associates attd corasu[ta tts os ENGINEER may deem sppnmpriate to assist in the performar=of services hereunder, Provided sueh independt t assocLartes or consultants are approved in writing En advance by OWNER and are paid b'F ENGINEER, 7.3.3. Nothing undoj ibis AVrminent shaLl be construed to give any Tights or benders in this A cmcnt to Anyone odtm than OWNER and ENGINEER, and all duties and msponaibiliLim undertaken puisuam to this Agreement wilt be for the sole and exclusive benefit of OWNER. and ENGINEER and retie for the:. 17P=fit of any other purtyr. SFGTMN "PPCl.rll_. PPOVISIONS, StJMEDULPS, AND EXHIBITS 11.1, Speti.al Provisions Any vtheT provisions of this Agrecment err other documents inatuded by reference Ib in to the contrary notwithstanding, the following* provisions shall apply to this Agta:e'tnemt and the mspce#iwr. etches and responsilAitic3 arf OWNER and ENGINEER. afftcted ths;rehy: 8.1.1. As to the contraoual melatioinship bcrwccn ?age9of12P ENGINEER and OWN FA, IMINEER is and shall be cortsidemd in all Heins an irxlepwdenl contraclor, 81,2.. This coneracl shall rtat be suis* -t to binding arlbitratiort. 9.1.3. OWNER reserves hre right, with ENGINEER's agreement, to cowh4we 2tny and all phases of perfor- mattoc set nut in the eanda.rd farm contractital dcscurnents. The consolidation of said services shall rtot in any ,way affect the ENG1 EER's respo"Wliti" 4o perfoam the servi+ms set out therein. 8,1 A - This Agmement may be terminaced by the rt}WNEK htTtto, wi(b or will out cause, ri,on ten (I p) days' writwft notice thereof if this Agrcoment i. terminated by the OWNER without cause, the ENO] shall be paid for :aervioes perfornmd to iemiinatiokn, date., including all reimbursable expenses then nwred. 81.. Scbedulec. Whcrc appropriate, the fopovAng time linrtitakt ns, for the following phases) of services shall apply: 8.21. TlW 5ta4yP arad Report Phase. ServioeslPnelirninary Diesign Phase Serve ees shall be completed and all re:lmns, opinions of costs, docunwritation, contract documcnU, and other ta[tgible materials required under this Agreement shall be opmpleted and sul=ilted by EN IN FER Dtx*rrtber 18, 2006. 8.12. The kis}al Design Phase SeTvictsiBidldibg or Negotiating Phan Services shall be completed and all reports, opinions of costs, docuumeniation, contract d=rnents, and other tangible materiaila required under this Agreerrtent shall be vPn1 slcted and submitted by ENGINE Dto-- nber 18, 2006 Mien directed by the OWNER following written awborization from OWNER to ENGINEER to proceed with said phase(s) of services. &2. . The Construction Phase Services shall begin by or before Emcember ] is, ?000 when dire by the ENGINEER Following written autborf:mtf on from OWNER to ENGINEER to proceed, and shell be completed as remonably somi Owmafter ag pc�Fsiblc. 3,2.4. TiMI IS OF THE ESSENCE IN THIS PrERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT. 8.3, Exhibits, Tbc following exhibits are attached to and made a paTt of this Agreement: 8.6. Entire AAgreement. Page 10 of 12lPikges 83,1, 1wibit A, EaVG;NflER:s scope of rKces. Provided, however, that where the- terms and prowisjow of the above-- r°eferertoW exhibit(s) shall conf;ict with the terms acrd pmvisigm of this sAndard L irniract, this standgnd contract shall coAtol. 8A. Trofnslnnal Liability Insurenee ENGINEER shall maintain, at no expcn;sc to OWNER, a profmsional liability (errors and omission) insurarvce polity placed with a company rated at least A by Out's Key Ratting Cruide, authorized to do bu%inmss in Texas, in an ammnt not W& t1haa one million dollars ($1 million) for each occurrence, one million dollars (si million) in the rt96�yegatt- Stttl3 palm+ shall require llta giw?.ng Of written native to OWN 'R at least thirty (30) days pricer to canecllativn, nanrcnewal or rnaterkd nwdiFcstion of any policies, evidertned by reftim receipt or far ted S'tatt s, cwtifted mil. ENGINEER shall furnish OWNER with copies of said policies or certiftcatea evidencing such coverage. 9.5. INDEMNIFiCATI TO THE EXTENT THAT ANY CLAIPA. 13 4IAVCF,, LOMI , OR EXPENSE (S NOT COVERED BY INSI RANCE IN ACCORDANCE VtTTH THIS AGREEMENT, ENGINEER AGREES TO AND SHALL INVEMNEVY, OOLO HA1f274tLE9% AND REI ENO T"R OWNER, ITS OFFICEW AGENTS, AND EMPLOYETS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, i3hANIACIr CAUSES OF ACTION, SUM, AND LIABILrrY OF EVERY KINIl , INCLUDING ALL EXPENSE'S OF LITAGATION,COURT COSTS, AND AI'TC11tivPY FEES, FOR INJURY TO OR I]EA`rH OR ANY PERSON, OR FOR DAMAC'E TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ACTS OR OMiSSI[I'+NS OF RNCINEER IN THE PFRFt,Dlif41ANCF OF THIS AGREEMENT. Rf,' GARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED IN WHOLE OR ifti PART BY THE N)EGLK ;E NCE OP 711E OWNER. 17 IS THE EXPRESSED INTENTION OF THE OWNER AND ENGINEER THAT THAS INDEMNITY 15 AN AGREEM19I N't BY rK)Z ENGINEER TO Ib1AEMNIkY AND PROTECT THE ONVNPR FROM THE CONSEQUENCES OF THE OWNER'S OWN NEGLIGENCE. WHETHER THAT NEGLIGENCE IS THE SO Oft A CCIl4 MRRING CAUSE OF TIR E ilyt5ORY, DEATH 'DR DAMAGE, This. Agreement, topthct with the exhibits and schedules identified above, cowitute the entire Agreement bert OWNER and ENGINEER and supersedr all prior ar oral uodeistwdings. This Agreemcnt and said exhibits aril sehedtties may only hG amendbd, supplemented, mo-dified or canceled by a duly executed written instrument. 83. Severabil fy. The invalidity of any provision of tttis Agrccmerkt shall not of wA the validity or errfoTeeability of any anther prtrvisio11 o Ms Agrccrnent &S. W a.tr'�T. The waivax of any brraa;h of .a teren or condition of lhi$ Agmeukent dots not wive any Oder breach of dW term or c:anditioji or any bmch of any o0w tarn of eon&don of this Agmefwnt. Page 1 1 of 12 I'a6cr IN WMV.ESS WIHIBREOf, tic parties hffmw ha madt and extwutcd this Agrteirient as of the day and year first above wrinen- OWNER; CITY OF '&DUTHLAKE, TEXAS By: Robert M. Price Divaelor of Publk Works By: Hj fly Campbell City Manager By, Rick S" Mayor Address for giving notices: 1400 Main Sinrk Suite 320 Southlake,, Texas 76OW ATTEST: City Stmiary 9)He-t 1 ,x'2 ftij� ENGINEER. CTKAHAM ASSWATES, INC. 33y: M, %lopon, KE- 'A Address for giviq notioes- 600'SiM F14P E 50Q Arlington, Texas 7601 ATTEST= CW[30ratC SMMhUry Page 12 of I � Pages Exhibit fAA3!0 GRAHAM ASSOCIATES, INC. ESTABLISHED HOURLY RATES JANUARY 2006 PRINCIPAL $145.00 SENIOR ENGINEER $125.00 REGISTFRED PIU SURVEVOR $115h0 SENIOR 1111DROLOGIST $100.00 REGISTERED ENGMER $100." GRADUATE ENGINEL R S95,00 GRADUATE, R"YORDLOGIST $85.00 TECHNICIAN IV $85.00 TECHNICIAN 1111 $70.00 TECHNICIAN 11 $60.06 3 MAN SURVEY CREW 3120.00 2 MAN SURVEY CREW' $100.00 GPS SURVEY CREW $130.00 CLERICAL $35.00 CADDSTATION S25.00 EXHIBIT "113' PART I WHITE CHAPEL ROAD - 250'SOUT" OF HIGHLAND DRIVE TO 8,H- - 114 CnnRfnlr_ ftnn rnmtQ Description "Exhibit" White Chapel Road Strie Mea Cairi� r Cli DONE $ *DraInago DI-it!t "D" $ Water Exhibit 'E" $ 1 SarMaiy_Smer Slope, Easments $ 30.000.00 Landscapiag Ctainaqe Easements $ 18,000.00 Irrigation Sr 35.000.00 Pvmt MarkIngs. $ 16.00040 SIgning $ 5.000-00 Strom Water $ 27,50D.00 Ti raille Control $ 104,000.00 TOTAL CONSTRUCTION COST $1,661,477,U Basle Fe*; $1,6611,477.05 X ASCE FORMULA C7.30%) Conceptual plans, R' OW Strip Maps Goss - Sections MINUS 41)%COMPLETED TOTAL BASIC FEE � NW Surveying (white Chapel Road) (on an hourly basis not to exceed) (Additional Cesigri Surety for 400 feat of No0 end mfuding channel crossing) (No constmolon staking) R1nhf.nf-Wmu $ 1113,987.132 S 45.a95,13 $ 15,000.00 Description White Chapel Road Strie Mea Cairi� r Cli DONE 3,1( 5250.00 $ 750.00 P a c I.- 1 9 cg X400.1,'D ' s 3,500.00 Tom p. Crush action Easement 14!2 W0.00 Is 5,600.00 Slope, Easments 18 0 $400.0[7 $ 7 O.0 Ctainaqe Easements 3 Q $400,00 � $1.200.00 $ 9,200.00 Totat RQVV $ 18,3%00 C,eotechnical Report Exhibi:t 7" Nationwide 404 Permit *TOTAL DESIGN SERVICES 'NOTE: Does not include any special plan subimittV to UDOT for the tie in at 81-1-114. $ 13,500,00 $ MOW= $ 120,242.69 *CONTRACT PAYMENT GOALS f10% Plans & Specs up to W% Payment 1 00% PIM'O & Specs up to 90% paymerd Bidding & Negoliations, wilh Conzrmtoi up to 96% PayrrK EXHIBIT "C" OPINION Or PROBABLE COST PAVING FOR WHITF-CKAPFL ROAD 250' SOUTH OF HIGHLAND DRIVE TO S.H. - 114 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ITEM COST I RoadwaZ Excavaticm 7,W1 C.Y. $ 1c-.50 $ a2,540.50 2 Compacting Dirt froin Site 1"035 C.Y. S 6. 1") 0 �727�5 1 6 0 3 Haul Off excess. Materia 6,671 C-Y. $ - 4 UnTwida or Saint Aug usfine Block Sod 1,921 S-Y. $ 3-00 $ 6.781= 5 4 "T oil 1,927 S-Y. $ 2.75 $ 6.2".26 6 Hydromulch 4 fi32 S.Y. $ G 80 $ 3 7 Cement Sub grade 16,2T7 S.Y. T $ 40,692.50 a Cement 391 Ton $ S S 33,235.00 9 S* Concxata Sidwwalk 1.112 S'y- S 35.00 $ 38.920.00 10 ADA Sidewalk Rams 115 S.Y. $ 50.00 $ 5,760.00 11 6" Driveway PaV199 1,350 S.Y. S 4F) 00 $ 54,0140 -00 12 1 ! 7" Street pvvhlg 1.853 S.Y, $ 28-00 $ 51,884-00 13 8 Streel Pavirkti 10856 S.Y. $ 32.00 $ 347,392-00_ 14 2" Ty D ACP 3,246 S.Y. $ &50 S 27.591.00 15 4" Ty E ACP 3,246 S.Y. $ 12.50 $ 40,575.00 1 5 Brick Pavers (Medlan 169 S.Y. $ 60.00 $ 4,450.00 17 Concrete Street Header 37 L.F. $ 8.()0 $ 296. DO 18 capltal Improvement slons 4 E 5 $ 4,00-D-00 1.9 sawcut ExissnE Concrete PaV122 131 L. F. $ 2.50 $ 327.50 20 R Remove Existing Asphalt PvrM, 8,199 S-Y. $ 4.00 $ 32.790-00 21 Remove Eidsting Cono. Drive & Sidewalk R 934 S-Y. $ &00 S 7,472.00 22 Existing Sbx IPO Remove P 606 L.F. $ 10,00 S G 23 Remove ExMng Hdwi (Small) 18 F-A, $ 1100.00 1.800.00 l � l Rwnm ExIstng RCS 26 L-F- $ 50.00 $ 1,25W)0 25 Remove Exis" Headwall 2 EA. 4W-00 $ 8W.00 26 Remove ExMng Fence 34S ll-.F- 4.00 $ 1,380-00 27 Remove & Disp<yse t-: A slinp Trpn;� 83 EA. 350-40 $ 29,050.00 28 Remove & Relo=o gela;lbcxes 7 EA, 150-00 $ 1.050.00 29 jusl Sanila i y Mar: hole 1 EA- $ 500.00 $ 500.00 30 just Water Val ve Ae I 1 . 1 EA- $ 100.01 1,100,00 'Intrmationall pumoser. only subtbtal $ 1140,424.85 W%, Coming-anclas $ 84,042,49 Total Paving $ 924.467.9 Since Graham Associates, I nc, has ro control over the wsts of labor, materials or equipment, or over contractors methods of determinin pricas, or over competitive bidding or market oonditions, this opinion of probable oost Is made on the basis of our professional experience and reprownlis our best judgnwd es a firm familiar with the construction Industry. We cannot parantee that proposals, bids Ot JhO pf0jed COStS WnI not Vary from the Oplinioni of probable cost prelpared by Graham Associate EXHIBIT I'D" opim N+l of PROBABLE COST STORM DRAINAGE FOR WHITE CHAPEL ROAD 250" SOUTH OF HIGHLAND DRIVE TO S.M. - 114 ITEM DESCRIPTION QUANTITY j UNIT UNIT PRICE i ITEM COST 1 18" RCP 729 L.F. 5 35.00 $ 25,515M 2 21" F2CP 223 L.F. 39.70 $ 8 ® $53.117 3 24" RCP 70 L.F. $ 43.00 $ 3,41[1.00 4 3T RCP 0. 1 U. $ 52.09 $ 3,536.00 5 W RCP � $2 LF. $ 57,09 S 2,964,00 6 36 RCP 47 L. F. $ W.00 $ 2,914,00 7 42" RCP 73 L -Ef. $. 79.50 $ 5,803.7 8 vXT RCB v i4U . 1.., 5 215.00 $ 94 604.00 0 tan€tard Durk Inlet n 3 1=A.. S 2,000.00 $ 6.040.00 14 RacessO Curt} Inlet 5 Eft. $ 2.300.00 $ 11 500 - 00 11 iTwo Grate Inlet 1 EA. $ 1 ,900,00 $ 1,900-00 12 Four Grate Inlet 1 EA, $ 2,400.00 5 2,400.00 13 Droe Inlet 1 EA. $ 2.200.00 5 2,20F7 14 Junction Sax M.H. 1 EA. $ 5.009.90 $ 5,41(7L1,t1D 15 4- 6'x:3' RGB Headwall 2 EA.. 8,500.0Q $ 17,0013.00 16 Trench Suppad §wem .. 1 , 262 L F— 1.64 $ 2,271.60 17 Utility Adjustments Water & Sewer 1 L.S, $ 55,000-00 $ 55 0{70.00 1$ Concrete R 250 C -Y_ $ 250.09 $ 62,600,00 Sub -Total $ 312,967.20 10% Contingencies S 31,29115.72 Total Storm $ 344,263.92 Since Grat ri Associates, Inc- has no control met Me oasts of labor, materials or equipment, or over contractors methods, of deteuniining prices, or over ompedltive bidding or market conditions. this opinion of probable oast is made on the basls of our prorWsslonal experience and represents our best Judgment as a firm familiar with the comslructlon industry. We cannot guarantee that proposals, bids or the project costs v eil rnryl w7i o/ fr:3m the opin43n of probable cost prepared by Graham Associates. E=XHIBIT - P" ti1ETMON OF PROBABLE COST WATER ON NORT14 1VHITE CHAPEL ROAD 251' SOUTH OF HIGHLAND DRIVE 70 S. H. - 194 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ffEM COST 1 18" Water Line 16 t L F. $ 80.00. S 40,000.00 2 12" Watt Line L.. =. $ 3 ,50 5 56 275.00 3 8" Water Line <fi' L. F. $ 31-00 $ 2,94&00 n 6° Water Line 3-IM L.r. 2800 3 8,400.00 5 l Bore 12 Wat 1 n 1 00 L.F. $ 63.50 $ 6.350.40 6 1' Water Service short 1 EA. 450,00 450.00 7 1'WatarService (long) 3 EA. $ 650-00 $ 1 S5t1.00 1 1 112" Water Service shorn 1 E., $ 600 - 00 600,00 91 1912 "iNeterSeruice la 2 Ems.. _ $ 754.44 $ 1,504,07 10 12" Gate Valve 4 EA, $ 1.504,07 $ 6,000.00 11 8" Gate Valve 1 EA. S 875,00 ;3 - 875-DO 12 6" Gate Valve 6 EA, S 600.00 S 3,600.00 13 Fire Hydrants 4 EA. S 2,1W.00 $ 8440.00 14 Ductile Iron Fittings 1.63 Tons $ 3,040.00 $ 5,440.00 15 Te "rary Pavlrpg Replacer ono 650 S_Y. $ 23.64 $ 14,054.00 16 Remove Exist 12" Water Line 1,6513 L.F. $ 8.40 $ 11,200.00 17 Remove Exist 20" Water Line 504 L..F. 1 $ 12 -44 $ 6,000-00 18 Remove& SaI a E>datlng F,H. 3 1 GA. 1 $ 350.44 S 1,0 50.00 Sub -Total S 176,595.00 10%« Contingoncy S 17,65B.50 Total Water $ 194.243.5(7 Since Graharn Msodate5, Inc. has no control ovw the costs of labor, materials or equipment. or over contractors rnethods of datermining 0 or over competitive bidding or mriwit conditions, this opinkcn of p table co&t is mane on ttie basis of our professico al experienoG awl reprownls our best judgment as a Eimy familiar with the oixnstruction inept", We cannot guarantee that prcvosals, bids or the project costs, will not vary (MM the o0nion of probable cost prepared by Graham Associates. Geotechnical & Envirornental Ernglneefliig Construction Materials Testing Laboratory Testing EXHIBIT " F " January 17, 2006 Proposal ho- 2646 Mr- Mark Burckhard, RE. Graham A&sociates, Irrc, 600 Six Flags Drive, Suite 500 Arlington, Texas; 76!0 11 Ra: Ptoposal for Geotechnicaf Engineering Report Mite Chaff Blvd. Ana Highland Street to S.H. 114, Southieft, Texas Dear MaTk: In acoofdance with your request and our m ting on January 16, 2006 use are pleased to submit the folk Wng pro l to provide a geolechnical investigation for the proposed reconstruction of White Chapel Boulevard from near Highland Street to State Highway 114 in South[ake. Texas. Eased on our discussion, the following borings, tests and report are needed, • Elght (8) borings drilled at locations aluN the existing roadway- Boring latatlons will be staked by Lan0ec at'localtionis accessible tq a truck mounted drilling Ng- • The borings will be drilled to a depth of 15 feet or less- • Soil tests will Include Atterberg Umits (PI "s), skw analysis (minm #200 sieve), moisture content, unit dry weight, unconfin" compressive strangth and PH I lime serles. • A g4weehnical engineering report v [I b-e prepared including bc-dings, tests arid recommeridat SCOPE OF BASIC SERVICES LANDTI C proposes the f #Iltr%ring Basic Services to provide a gectechnical engin=eering report for the project. Field Exploration The exploration plan le as follcxa S- Eight (S) borings will be drilled to a depth of apprvximatdly 15 feet- The total drilling footage is 12D linear feet or lass- LANOTeC GAICAMERS. UC W1 I.2Q VOW Sun& 244 Arlington, Texas 76017 617.,';72.948 Fax 817-,%1.5495 Z54$W rdeCrmpel1 -16 Mr. Mark BurQk ha3rd. P,E. January 17, 2006 Page 2 Pr al No. 2546 QbWin relatively undisturbed thin - walled tube samples and standard penetration (ASTIVI D 15%) test andfor TxDOT cone penetrometer test as appropriate fo the s ls; encounWed. Perform hard penetrometer tests can cohesNe sails. Observe for shallow subsurface seepage (If present duriang drilling) and record level_ ■ Baciefitl borehofes With cultings upon +completion (not grouted). Laboratory Vesting Selected laboratory testing vAll be conducted on samples that are considered to be reasiDnakrly rep rose ntativG of the materials obtained from (be field exploration. The tests -,+rill e�ealoa,te and classify the soils, identify subsurface site characteristirs, and provide data for analysis. The tests W ill typai+,ally includes UnifaBd Sell Classification (USC) System (ASTM D 2487) * Atterberg limits (liquid and plastic limits) (ASTM D 4318) Percent passing no, 2W save (ASTM 1 140) Water content (ASTM D 2216) • Unconfined compressive strength on soil (ASTM 2166) • Lime Series (Atterberg Limits vs pH vs percent lime —4 points) Engineering Analysts and Report A g ethnical engineering report will be prepared for the project based on the five Borings, and laboratory tests. Information to be paraavided in the report is as follows * A plan of borings illustratirrg the approximate kxaWn of each boring * A log of each boring indicating the boring numbar, depths of each strata, soil classification and description, and sholbw subsurface seepage Informaton as observed during drilling • Discussion of the field exploration and laborat" testing 25413ftfte repeal -16-06 Mr. Mark Burckhard, P.E. January 17.2006 Pag=e 3 Proposal No. 2546 • Discussion of subsurface condMons including soil and shallow S ge • Earthwork recommendations including soil type, moisture and cornpaction, lift thickness and testing requirements • Pavement subgrade " {treatment with hydrated lime or Portland cament) with rocommendations for thIckness, application, mixing., compaction and testing Allawable soil bearing values for the box culvert Four copies of the report will be provided ADDITIONAL. SERVICES The following services are not included in the Basic ,Sefvices and will be considered as Addidonal Services. If and when required or requested: Drilling footage in excess of the amount in Baslc Services The services of specialty sub consultants or other special outside services other than those described in Basic Serv'rc & Any other services not specifically included in Basic Services, COMPENSATION The Basic ,Services outlined herein vVill be performed on the basis of the attached Weadsheel Micating scope, unit rates and estimated cast, The anticipated budget for Basic Services is S 8,500. This amount YAII not be exceedeld without prior approval Client and LAN DTEG may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional. negotiated compensation using the established unit rates. Services provided by LANOTEC Oil be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. ANTICIPATED SCHEDUL The field expkaratlon will begin approximately 3 to 5 working days from the time authorriizaticn is recelved. The boring locatlons will be staked and DICTESS Locator ,Service will be contacted to locate and clear utilities. We will also coordinate vAth the Southlake Utilities Department to check #or utilities such as water and sewer tines. The field work is antt�tpated to requ lre 2 days depending on weather conditions and site accessibility. The laboratory testing should be completed within 5 to 7 days after completion of the field exp oratiion. The analyses and report preparation should be completed writhln one wee after rcornpletion of the labo ratory testing. Turn around time from date of authorization to a final report is anticipated to be approximately 21 days or 2546110hR hRpW1 -1B -06 LANEYTEC 6NGINGM#G Mr. Mark BurclkhaTd, P.E. January 17, 2006 Page 4 Proposal No. 2546 less. Prebrninary in1birmat'ion (if needed) will be availsWe within a few days of drRing the borings. We appreciate the opportunity to submit this proposal and look forward to providin-0 geotechnical engineering services on fts. pro)ect. If additional information is needed or if you have questions, please call. S Incerely, LANDTEC ENGINEERS. LLC zw e'X&4' Thomas 0- Baker, P-E_, R. P. LS. Sr. Gent echnircal Engineer i Principal Attachment: Spreadsheet with Proposed Scope of Services, Unit is and Cost Estimalei LANOTCC GNGW4GMS !d N. WHITE CHAPEL BLVD. WIDENING FROM HIGHLAND ST. TO SH114 Integrity Innovation Accountability Commitment to Excellence Teamwork