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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