1999-248 O~ANCE NO ~-~ ~/~
AN o~r~ANCE AUTHO~rNO THE CITY MANAGER TO E×ECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH ARMSTRONG-BERGER, INC TO PROVIDE
PROFESSIONAL SERVICES FOR THE DESIGN AND CONSTRUCTION DOCUMENTS OF
THE DOWNTOWN IMPROVEMENTS PROJECT AND RELATED SERVICES AS SET FORTH
IN THE CONTRACT, PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDiNG AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2398
- DESIGN AND CONSTRUCTION DOCUMENTS FOR DOWNTOWN IMPROVEMENTS
PROJECT AWARDED TO ARMSTRONG-BERGER, INC IN THE AMOUNT OF $72,825)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to enter into a professional service
contract with Armstrong-Berger, Inc for the Design and Construction Documents for Downtown
Improvements ProJect, a copy of which is attached hereto and incorporated by reference herein
St~CTION II That the City Manager is authorized to expend funds as required by the
attached contract
SECTION III That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the ~/_._d/d. day of ~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PSA 2398 - CONTRACTUAL FOR PROFESSIONAL SERVICES ORDINANCE
PROFESSIONAL SERVICES AGREEMENT
FOR DOWNTOWN IMPROVEMENTS PROJECT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT ~s made and entered ~nto as of the ~.~ ~,~_~-L day of
, 19 ~ , by and between the C~ty of Denton, Texas, a Texas mumcipal
s pnnc~pal office at 215 East McIGnney Street, Denton, Denton County,
Texas 76201, hereinafter called "OWNER" and Armstrong-Berger, lnc, w~th its corporate
office at 2611 State Street, Dallas, Texas 75204, hereinafter called "CONSULTANT," acting
here~n, by and through their duly authorized representauves
WITNESSETH, that ~n consideration of the covenants and agreements here~n contained,
the parues hereto do mutually agree as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts w~th the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services hereto m connection wtth thc
Project as stated ~n the sections to follow, w~th dlhgence and ~n accordance w~th the h~ghest
professional standards customarily obtained for such services ~n the State of Texas The
professional servxces set out here~n are m connection with the following described project
The Project shall include, wtthout hrmtatwn, landscape architectural servwes related to
the Downtown Improvements Project, as described more specifically tn Exhibit A
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services ~n a professional manner
A The CONSULTANT shall perform all those services as necessary and as described ~n the
OWNER's Request for Proposal, which is attached hereto and made a part hereof as
Exhibit "A' as ff written word for word here~n
B To perform all those services set forth m CONSULTANT's Proposal dated July 13,
1999, which proposal is attached hereto and made a part hereof as Exhibit "B" as ~f
written word for word here~n
C If there ~s any confhct between the terms of th~s Agreement and the exhibits attached to
this Agreement, the terms and cond~taons of thas Agreement w~ll control over the terms
and condataons of the attached exh~bats or task orders
ARTICLE III
ADDITIONAL SERVICES
Addattonal servmes to be performed by the CONSULTANT, ~f authorized by the
OWNER, whach are not included m the above-described Basac Servaces, are described as
follows
A Dunng the course of the ProJect, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting wath the Texas Natural
Resource Conservataon Comnussaon, U S Environmental Protectaon Agency, or other
regulatory agencies The CONSULTANT wall assast OWNER's personnel on an as-
needed basas m preparang comphance schedules, progress reports, and provadmg general
technical support for the OWNER's comphance efforts
B Assastang OWNER or contractor m the defense or prosecunon of litigation m connection
wath or in add~taon to those services contemplated by th~s Agreement Such services, ff
any, shall be furmshed by CONSULTANT on a fee basas negotiated by the respecttve
partaes outside of and an addition to this Agreement
C Samphng, testing, or analys~s beyond that specffically included m Basic Servmes
D Preparmg cop~es of computer reded drafting (CAD) electromc data bases, drawangs, or
files for the OWNER's use m a future CAD system
E Preparing applications and supporting documents for government grants, loans, or
plannmg advances and prowchng data for detmled apphcatlons
F Appearing before regulatory agenmes or courts as an expert w~tness an any htagat~on with
third part,es or condemnation proceedings arising from the development or construction
of the ProJect, including the preparataon of engmeenng data and reports for assistance to
the OWNER
G Providing geotechmcal ~nvest~gat~ons for the s~te, including sod bormgs, related analyses,
and recommendations
ARTICLE IV
PERIOD OF SERVICE
Tins Agreement shall become effectave upon execution of th~s Agreement by the
OWNER and the CONSULTANT and upon ~ssue of a not~ce to proceed by the OWNER, and
shall renuun ~n force for the period which may reasonably be reqmred for the completion of the
ProJect, mcludmg Additional Services, if any, and any reqmred extensions approved by the
Page 2
OWNER This Agreement may be sooner terrmnated In accordance with the provisions hereof
Time ~s of the essence in th~s Agreement The CONSULTANT shall make all reasonable efforts
to complete the services set forth here~n as expeditiously as possible and to meet the schedule
estabhshed by the OWNER, acting through xts City Manager or h~s designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT ~n
employment of others ~n outside firms for services in the nature of general
engtneermg and surveytng
2 "Direct Non-Labor Expense" ~s defined as that expense for any assignment
~ncurred by the CONSULTANT for supplies, transportation and equipment,
travel, commumcatlons, subsistence, and lodging away from home, and S~lmlar
incidental expenses m connection with that assignment
B BILLING AND PAYMENT For and m consideration of the professmnal services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detml at an hourly rate shown m Exhibit "B" which ~s attached hereto and made
a part of this Agreement as ~f written word for word herein, a total fee, including
reimbursement for darect non-labor expenses not to exceed $72,825
Part~al payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee, however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered The
OWNER may wxthhold the final five percent (5%) of the contract amount until
completion of the Project
Nottung contatned in this Artmle shall require the OWNER to pay for any work whmh is
unsatisfactory, as reasonably determined by the C~ty Manager or his designee, or which ~s
not submitted ~n comphance with the terms of th~s Agreement The OWNER shall not be
reqmred to make any payments to the CONSULTANT when the CONSULTANT is ~n
default under th~s Agreement
It ~s specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would reqmre additional
payments by the OWNER for any charge, expense, or reambursement above the
maximum not to exceed fee as stated, w~thout first having obtmned written authonzanon
from the OWNER The CONSULTANT shall not proceed to perform the services hsted
m Article III "Additional Services," without obtaining prior written anthonzat~on from
the OWNER
P~e3
C ADDITIONAL SERVICES For add~t,onal serv,ces authorized tn writing by the
OWNER tn Article III, the CONSULTANT shall be pzad based on the Schedule of
Charges at an hourly rate shown ~n Exbab~t "B" Payments for addtttonal services shall
be due and payable upon submasston by the CONSULTANT, and shall be m accordance
wtth subsectton B hereof Statements shall not be subrmtted more frequently than
monthly
D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for
serv,ces and expenses wtthm s~xty (60) days after recetpt of the CONSULTANT's
unchsputed statement thereof, the amounts due the CONSULTANT w,ll be mcreased by
the rate of one percent (1%) per month from the smd stxtteth (60th) day, and, tn ad&t~on,
the CONSULTANT may, after g~vmg seven (7) days' written noUce to the OWNER,
suspend services under th~s Agreement until the CONSULTANT has been pard tn full all
amounts due for services, expenses, and charges, prowded, however, nothmg herem shall
reqmre the OWNER to pay the late charge of one percent (1%) set forth heretn ~f the
OWNER reasonably deterrmnes that the work ~s unsattsfactory, m accordance wtth thts
Amcle V, "Compensatton"
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT wtll exercise reasonable care and due dthgence ~n dtscovenng and
promptly reportmg to the OWNER any defects or defictenc~es tn the work of the
CONSULTANT or any subcontractors or subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to th,s Agreement are ~nstruments of servtce, and
shall become the property of the OWNER upon the termanat~on of th,s Agreement The
CONSULTANT ~s entttled to retain cop~es of all such documents The documents prepared and
furnished by the CONSULTANT are intended only to be apphcable to this ProJect, and
OWNER's use of these documents ~n other projects shall be at OWNER's sole risk and expense
In the event the OWNER uses any of the mformat~on or materials developed pursuant to thts
Agreement m another project or for other purposes than spectfied here~n, CONSULTANT ts
released from any and all habthty relating to their use tn that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER CONSULTANT shall not have or claim any right arising from
employee status
Page 4
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnlfy and save and hold harmless the OWNER and its
officers, agents, and employees from and agmnst any and all liability, claims, demands, damages,
losses, and expenses, including, but not hrmted to court costs and reasonable attorney fees
incurred by the OWNER, and lncluthng, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement
Nothing in tbas Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall wmve any of the parties' defenses, both at
law or eqmty, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved
ARTICLE X
INSURANCE
During the performance of the services under th~s Agreement, CONSULTANT shall
mmntmn the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above
A Comprehensive General Liability Insurance with bodily ~njury hmlts of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage lmuts of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate
B 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
hnuts of not less than $100,000 for each accident
C Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' l_aablhty Insurance with lmuts of not less than $100,000 for each accident
D Professional Llablhty Insurance with hnuts of not less than $1,000,000 annual aggregate
E The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages The insurance policies shall name the
OWNER as an additional insured on all such pohcles, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days' prior written
hOrace to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation, serve substitute policies furnishing the
same coverage
Page 5
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The partaes may agree to settle any disputes under this Agreement by submitting the
d~spute to arbitration or other means of alternate d~spute resolution, such as mediation No
arbitration or alternate dispute resolution arising out of or relating to th~s Agreement, mvolvlng
one party's d~sagreement, may include the other party to the d~sagreement w~thout the other's
approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notw~thstanchng any other prows~on of th~s Agreement, either party may terminate by
g~ving thirty (30) days' advance written not~ce to the other party
B This Agreement may be terrmnated ~n whole or ~n part ~n the event of e~ther party
substantially fmhng to fulfill Its obhgat~ons under th~s Agreement No such termmatmn
w~ll be affected unless the other party ~s given (1) written not~ce (dehvered by certified
marl, return receipt requested) of intent to ternunate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure, and (2) an opportumty for consultation w~th the terminating party prior to
temunatlon
C If the Agreement ~s tertmnated prior to completion of the services to be prowded
hereunder, CONSULTANT shall immediately cease all services and shall render a final
b~ll for services to the OWNER within thirty (30) days after the date of termination The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to ternunat~on ~ncurred prior to the date of
terrmnatlon, ~n accordance with Article V "Compensation" Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
ProJect, CONSULTANT shall cooperate m prowdmg information The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to th~s
Agreement to the OWNER on or before the date of ternunation, but may ma~ntmn copies
of such documents for Its use
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
respons~b~hty and hab~hty of the CONSULTANT, ~ts 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 respons~bthty by the
OWNER for any defect ~n the design or other work prepared by the CONSULTANT, ~ts
employees, subcontractors, agents, and consultants
Page 6
ARTICLE XIV
NOTICES
All notices, commumcanons, and reports rcqmred or permitted under this Agreement
shall be personally dehvered or mmled to the respective parties by depositing same ~n the Umted
States marl to the address shown below, cemfied marl, return receipt requested, unless otherwise
spemfied bere~n Mmled nonces shall be deemed commumcated as of three (3) days' marling
To CONSULTANT To OWNER
John Armstrong City of Denton
Armstrong-Berger, Inc Ed Hodney, Parks and Recreation Director
P O Box 191425 321 East Mcganney
Dallas, Texas 75219-01425 Denton, Texas 76201
All nonces shall be deemed effecnve upon receipt by the party to whom such notice is
g~ven, or within three (3) days' mmhng
ARTICLE KV
ENTIRE AGREEMENT
Th~s Agreement, consisting of /(--~ pages and ~ exhibits, constitutes the
complete and final expression of the agreement of the parries, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, pronuses, representations, negonat~ons, thscusslons, commumcanons, and agreements
whmh may have been made m connecnon w~th the subject matter hereof
ARTICLE XVI
SEVERABILITY
If any prowsion of this Agreement is found or deemed by a court of competent
junsd~cnon to be invalid or unenforceable, ~t shall be considered severable from the remmnder of
th~s Agreement and shall not cause the remainder to be invalid or unenforceable In such event,
the parties shall reform this Agreement to replace such smcken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision,
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply w~th all federal, state, and local laws, rules,
rcgulanons, and ordinances apphcabl¢ to the work covered hereunder as they may now read or
hereinafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
Page 7
In perfornung the services reqmred hereunder, the CONSULTANT shall not d~scr~rmnate
against any person on the bas~s of race, color, rehg~on, sex, national or,gin or ancestry, age, or
physical handicap
ARTICLE XIX
PERSONNEL
A The CONSULTANT represents that ~t has or w~ll secure, at ~ts own expense, all
personnel required to perfoma all the services reqmred under this Agreement Such
personnel shall not be employees or officers of, or have any contractual relations w~th the
OWNER CONSULTANT shall reform the OWNER of any conflict of interest or
potential conflict of interest that may arise dunng the term of this Agreement
B All services reqmred hereunder w~ll be performed by the CONSULTANT or under ~ts
superws~on All personnel engaged ~n work shall be qualified, and shall be authorized
and perrmtted under state and local laws to perform such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any ~nterest ~n th~s Agreement, and shall not
transfer any ~nterest m this Agreement (whether by assignment, novation, or otherwise) w~thout
the prior written consent of the OWNER
ARTICLE XXI
MODIFICATION
No wmver or modification of this Agreement or of any covenant, condition, or hm~tat~on
herein contmned shall be valid unless m writing and duly executed by the party to be charged
therewith, and no ewdence of any wmver or modaficat~on shall be offered or received m ewdence
m any proceeding arising between the part~es hereto out of or affecting this Agreement, or the
rights or obligations of the parttes hereunder, and unless such wmver or modification ~s In
writing and duly executed, and the part,es further agree that the prowsions of this section will not
be wmved unless as set forth here~n
ARTICLE XXII
MISCELLANEOUS
A The following exhibits are attached to and made a part of this Agreement (hst exh~bits)
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the f~nal payment under th~s Agreement, have access to and the r~ght to exarmne any
d~rectly pertinent books, documents, papers, and records of the CONSULTANT
lnvolwng transactions relatang to thts Agreement CONSULTANT agrees that OWNER
shall have access dunng normal worlang hours to all necessary CONSULTANT facilities
Page 8
and shall be provided adequate and appropriate worlong space ~n order to conduct audits
m comphance with this section OWNER shall give CONSULTANT reasonable advance
notice of intended audits
C Venue of any suit or cause of action under th~s Agreement shall lie exclusively m Denton
County, Texas This Agreement shall be construed in accordance with the laws of the
State of Texas
D For the purpose of th~s.~A~reement, the key persons who will perform most of the work
hereunder shall be ~fl-~/~/t ,~'~2~ However, nothing here~n shall
hnut CONSULTANT from using otherq~alffied and competent members of its firm to
perform the services required herein
E CONSULTANT shall commence, carry on, and complete any and all projects w~th all
applicable dispatch, m a sound, econonucal, and efficient manner and in accordance w~th
the provisions hereof In accomphstung the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work revolved is properly coordinated w~th
related work being carried on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available lnformataon pertinent to the Project, including prewous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter ~n or upon pubhc and private property as
reqmred for the CONSULTANT to perform serwces under th~s Agreement
G The captions of this Agreement are for ~nformat~onal purposes only, and shall not in any
way affect the substantive terms or condit~ons of th~s Agreement
IN WITNESS HEREOF, the City of Denton, Texas has caused th~s Agreement to be
executed by its duly authorized City Manager, and CONSULT,~ has execute~ th~s Agreement
thro~ its duly authorized undersigned officer on this the ,-~ -- day of ~,
19..¥_'/__ ~
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 9
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONSULTANT
Land~cap~-~c~i~t ect s ~Planners
2611 State Street
Dallas, Texas 75204
WITNESS
Michael Ward
Office Manager
Armstrong-Berger, Inc
Page l0
CITY OF DENI~ON~ TEXAS PARKS & RECREATION DEPARTMENT
321 E II. KINNEY · DENTON, TEXAS ~Oi (940) 349.PARK ,FAX (940) 349-8384
June 14, 1999
John Armstrong
Armstrong-Berger, Inc
P O Box 191425
Dallas, Texas 75219-1425
SUBJECT Denton Downtown Improvements Project
Dear John
As previously discussed, the City of Denton would be pleased to receive a proposal for
professtunal services from you, addressing the subject project Specifically, we are asking
you to perform landscape architectural services m design development and construction
document phases to include the following elements
I Streetscape improvements that are consistent with the concept plan
originally developed by your iirm m 1998, and modified by the Pubhc
lmpwvements Committee in June 1998,
2 A project planmng that includes the street nght-of way immediately
adjacent to the Denton County Courthouse Square, the street area one
block to the north, south, east and west of the Square, the Hickory Street
right-of-way from Bell to Carroll, and Clwc Center Park,
3 Any general engineering and survey work required for the project,
4 Three (3) public meeting and other meetings with City staff, as required,
5 Periodic site visits dunng construction to ensure comphance w~th your
plans and specifications You are not asked to provlde construction
administration.
I look forward to receiving your proposal
Sincerely,
13 July 1. ,g IIIBIT
Mr Ed Hodney "
D~rector, C~ty of Denton
Parks ,& Recreation
321 E, McK~nney
Denton, TX 76201
Re Downtown Square
Dear Mr Hodney,
ArmstrongeBerger, Inc (ABI) is pleased to submit herewith our proposal to
provide landscape architectural services for the referenced project ~n Denton,
Texas To complete the scope of services, ABI w~ll engage Gonzalez-
Schneeburg Engineers & Surveyors, Inc (GSES) as a subconsultant to prepare
general eng~neenng and surveying components The scope of services will
~nclude the following
A DESIGN DEVELOPMENT
1 Develop enhanced program for project development based on Pubhc
Improvements Committee meeting June 1, 1999 comments
2 Develop a rewsed design development plan based on ex~st~ng base
information w~th expansion of the project area from the Downtown Square
bounded by Elm, Oak, Locust, and H~ckory, H~ckory from Square to Bell
and Hickory Street % block west of Cedar to the blocks ~mmed~ately
adjoining the Square bounded by Cedar, Pecan, Austin, and Walnut The
rewsed project area w~ll also examine Locust to McKmney to establish a
I~nk to the C~wc Center block
3 The plan development w~ll include overall streetscape patterns of both
hardscape and softscape, detailed patterns and matenals
recommendations, detailed special features ~nclud~ng site furnishings,
grading and drainage ~ssues, hght fixture locations, detailed tree and plant
layouts and general ~dentlficat~ons
4 Prepare a complete survey of project area ~nclud~ng location of all
buildings, streets, wslble ut~ht~es, walks, walls, s~gns, s~gnals, ~nlets, reverts
at accessible ~nlets, and m~scellaneous ~mprovements perbnent to project
development, ~nclud~ng a typographic map at one foot ~ntervals and spot
grades at building floors, s~dewalks, top/bottom of steps, curbs, walls, and
unique features Location and s~ze of ex~st~ng ut~ht~es w~ll be shown based
on records on file at C~ty or respective Ut~hty All work w~ll be t~ed to
ex~st[ng C~ty of Denton control points and datum
ARMSTRONG · BERGER INC LANDSCARE ARCHITECTS PLANNERS
5 Participate ~n required meetings w~th C~ty of Denton Parks & Recreation,
Pubhc Works, and Planmng as well as one pubhc meeting to present the
rewsed design development plans and project area
6 Develop a prehmlnary statement of probable construction costs for
proposed project Coordinate w~th C~ty to develop required phasing
program of construction
B CONSTRUCTION DOCUMENTS
1 Prepare plan and profile of ~mprovements to streets based on survey and
approved design development plans
2 Prepare details of s~dewalk curb/wall replacements ~nclud~ng barner free
access at all ~ntersecbons
3 Prepare appropnate grading and drainage details for required street
changes
4 Prepare all details for site accessones ~nclud~ng benches, trash cans,
hght~ng and other design features ~ncluded ~n the program
5 Prepare traffic control plan for f~rst phase construcbon
6 Prepare eres~on control plan as required
7 Coordinate design and approval of plans w~th C~ty of Denton
8 Participate ~n all required meetings dunng the plan development to insure
comphance w~th c~ty goals
9 Participate ~n up to two pubhc meetings for presentation of the
construction documents and f~nal plans
We propose to provide the hereto defined professional servmes for a lump sum
fee of $67,975 00 allocated as follows
Phase One Design Development/Survey $28,100 00
Phase Two Construcbon Documents $39,875 00
Total Base Fee $67,975 00
In addition to the base fee, reimbursable expenses for pnntlng, postage,
handling, supphes, m~leage, special consultants, communications, soil surveys,
and s~te photographic records w~ll be ~ncluded at cost plus 15% State tax and
c~ty rewew fees will be ~nvolced without markup Estimated reimbursable costs
are $4,850 00
Compensabon for authorized add~bonal services w~ll be on a hourly bas~s of
$95 O0/HR for pnnclpal bme and $75 00/HR for project architect time
ABI specifically excludes the following work from th~s proposal
1 More precise informat~on on utlhbes requ~nng exposure of ut~hty
2 Storm dralnagedes~gn
3 Structural design of s~gnal bases
4 Traffic studies
5 Preparation of easements
6 Electncal design of hght~ng
7 Construction adm~mstratlon ~ncludlng bid phase
8 Inspecbons of work required by C~ty of Denton
The C~ty of Denton will provide all aerial photography required, existing survey
information ~nclud~ng base datum, ut~ht~es, traffic studies, bonng reports and
underground structures affecting project development The return of an executed
copy of th~s agreement w~ll serve as your acceptance and our authonzat~on to
commence work ABI understands the C~ty of Denton uses a professional
services agreement whmh th~s proposal becomes apart
ArmstrongeBerger, Inc appreciates the opportunity to submit th~s proposal
Very truly yours,
Accepted
Armstrong. Berger, Inc
Dated
John Armstrong, ASLA