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2014-333ORDINANCE NO, 2014-333 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DUNAWAY ASSOCIATES, L.P., FOR DESIGN SERVICES FOR THE EVERS PARK BRIDGE AND TRAIL PROJECT WHICH 1NCLUDES THE INSTALLATION OF TWO (2) PEDESTRIAN BRIDGES ACROSS COOPER CREEK AND THE EXTENSION OF COOPER CREEK TRAIL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5658 1N THE AN AMOUNT NOT-TO-EXCEED $190,000. WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with Dunaway Associates, L.P., to provide professional engineering and design services for the Evers Park Bridge and Trail Project, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5658 to the City Manager of the City of Denton, Texas, or his designee. SECTIONwww4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. T � Y _. � °�� ..��' da of �� " � � ",��" �(��14. PASSED AND APPROVED this the ��,b � . IT r,,.��..�..._�,� ,, �� m � �,.� w �" � ,�� ..� C..�..�� ",�T � .e� �. ��:�: �_ ___.0 " ' TS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: � ��,�"�� '�y ,„�'�� _��_ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: � IT � "»� �� "".��„",�°�'� ' �. . � �� , PSA 5658 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER SERVICES FOR EVERS PARK BRIDGE & TRAIL PROJECT � HIS AGREEMENT is made and entered into as of the ��'� �� _ day of T ��'��"��'�� 2014, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Dunaway Associates, L.P., with its corporate office at 550 Bailey Ave., Suite 400, Ft. Worth, TX 76107 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, design services for the City of Denton This design work for the new improvements is based upon the City's application within the "Transportation Enhancement Program Nomination Form", dated November 16, 2012. The design will also be guided by the "Northwest Denton Park Loop Trail Exhibit", as previously developed by the City. Dunaway will prepare final construction documents for the trail improvements for the purpose of publicly bidding the work in accordance with City standards. Tliis scope of services and fee schedule are based upon a City designated construction budget of approximately $190,000. S:�Ivlaterials Management\PRCH\BIDs, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers Bridge & Trail\Old stufflProfessional Services Agreement 10-1-14.doc SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $190,000 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Data Collection & Topographic Survey Environmental Services Preliminary Design Design Development Final Construction Documents Bid Phase Construction Phase SWPPP Total Basis Design Services 2.2 ADDITIONAL SERVICES $ 34,800.00 $ 35,000.00 $ 11,700.00 $ 29,280.00 $ 55,190.00 $ 4,970.00 $ 10,810.00 $ 3,000.00 $184,750.00 2.2.1 Compensation for Additional Services is as follows, not included in the Scope of Services, will be negotiated with the City as necessary. Compensation will be based upon either a mutually agreed lump sum fee or on an hourly basis. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.0 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.10 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $5,250. Total Fee (Not-to-Exceed) $190,OOQ.00 S:\Materials Management\PRCH\BIDs, RFPs & Cantraets\5658-Current\5658-PSA Dunaway Design Evers Beidge & Teail\dld stufflProfessianal Services Agreement ]0-1-14.doc SECTION 3 �NTIRE AGRE�M�NT This Agreement includes this executed agreement v1d the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. 2. 3. 4. City of Denton General Conditions to Agreement for Architectural or Engineering Services. Attacl�unent A- The Design Professional's Proposal Attachment B- Estimated Project Schedule Attachment C— Conflict of Interest Questionnaire (FORM CIQ) This Agreement is signed by the parties hereto effective as of the date first above written. ATT'EST: JENNIFER WALTERS, CITY SECRETARY BY � � � �� A^� � ��"�� "�," ��.. �.��...... APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � �o�� BY. �� w° .,,,. ., �� _ . � CITY OF DENTON BY. �'� °� �,��,✓'y �� .- � ..�...�.. ��.. �;�� ° �EORGE C. �"t''� �J'�31;� r1` , CITY M AGER /�� w1a � � � D�SIG ��P�� BY: �. . �,� .... _ ..-- ------. _. ...�.� Fi�r�a��'s Officer/Representative (Signature) WIT'NESS„� �� ,.�� .�, �, ,„��,� BY ��' ��" � . �__ _..__.�. ._ _. �.��„�� S:\Malerials Managemenl\PRCH\I31Ds, RPPs & Conlracts\5658-Currcnt\5658-PSA Dunaway Design Cvers [�ridge & Trail\Old sluti\Professional Services Agrcement ]0-I-14.doc Page 3 of 15 CITY OF DENTON GCNCRAL CONDITIONS TO AGRCEMENT TOR ARCHITGCTURAL OR ENGINECRING SERVICCS ARTICLE I. ATiCI�ITECT OR ENGINEER'S RESPONSIBILITICS 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "AgreemenP') and proposal (the "Proposal") to which these General Conditions are attached) perforrned by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultanis as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Desigp Professional will pert'orrn all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Caze"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress ot'the Project. Upon request of the Owner, the Design Prof'essional shall submit for the Owner's approval a schedule for Uie performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Desigr Professional or Owner, and any adjustrnents to this schedule shall be mutually acceptable to bolh parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINCD The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms ofthe other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner altemative approaches to design and const�uction ofthe Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the comple[ion of construction. 2.3 DESIGN DEVELOPMENT PT-IASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepaze for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Desigr Professional represents that the Documents and specificalions will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustrnents to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRU(°I'ION DOCUMEN'I'S PIiASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements i'or the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of che necessary bidding or procurement information, bidding or procurement forms, the Conditions ofthe contract, and the form ofAgreement beriveen the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with lhe Owner's responsibility for filing documents required for Uie approval of govemmental authorities having jurisdiclion over the Project. 2.5 CONSTRUCI'ION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of Uie Construction Documents and of the latest preliminary detailed estimate of Constroction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Desig� Professional, the award of the construction contract is in the sole discretion of the Owner. S:Wlaterials Management\PRCH\BIDs, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers Bridge & Trail\Old stuft�Professional Services Agreement 10-1-14.doc 2.5.2 lf the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, tlien the Design Professional, at its sole cost a�id expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forih in die approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCI'ION PHASE - AD1141NiSTRATION OF TIiC CONSTRUC"I'ION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the Tinal Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design prol'essionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by fhe City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Govemmenls, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.63 Construction Phase duties, responsibilities and limi[ations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.G.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranly period described in the Contract for Consteuction. The Desigt Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the consteuction site at least one time a week, while construction is in progress, and as reasonably necessary while canstruction is not in progress, to become f'amiliar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract DocumenYs. Desi� Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations lhe Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Ownee any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly conect any defective desigrrs or specifications fumished by the Design Professional at no cost to the Owner. The Owner's approval, acceptv�ce, use of or payment for all oe any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or chazge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and peograms in connection with the work. The I7esigrr Professional shall not be responsible for the Contractor's schedules or failuee to carry out the work in accoedance with the Contract Docwnents except insofaz as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any othee peesons performing portions ofthe work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.G.8 ExcepY as may otherwise be peovided in the Contract I7ocuments or when dieect communications have been specially authorized, the Owner and Contractor shall communicate Uvough the Design Professional. Communications by and with the Desigri Professional's consultants shall be Yhroug�r the Design Professional. 2.G.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and ceftify the amounts due the Contractor. 2.6.10 The I7esign Prof'essional's certification for payment shall constitute a representation to the Owner, based on the I7esign Professional 's observations at the site as provided in SubsecYion 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progeessed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Desi�r Professional. The issuance of a Certificate for Payment shall fuethee constitute a representation that the Contractor is entitled to payment in the amount certified. However, Yhe issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design ProPessional shall have the responsibility and authority Yo reject work which does not conforrn to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of die work in accordance with the provisions of the ConYract Documents, whether or not such Work is fabricated, insYalled or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, theie agents or employees or other persons performing portions of the work. 2.6.12 7'he Desigr Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (I) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance wiUi the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extenc required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of'which the item is a companent. When prof'essional certitication of performance characteeistics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon sucl7 certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documenls. S:\Materials Management\PRCH�BIDs, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers Bridge & Trail\Old stuft�Professional Services Agreement 10-1-14.doc 2.G.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.33, for the Owner's approval and execution in accordance with the Contract Documents, and may autlrorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with tlie intent of the Contract Documents. 2.G.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates pf Substantial and Final Completion. The Desigri Professional will receive and review written guarantees and related documents required by the Contract for Conslruction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of lhe Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters conceming performance ofthe Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.1 G Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the forrn of drawings. When making such inte�pretations and initial decisions, the Desigp Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good 1'aith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.G.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in ques[ion between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.G.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Desigi Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any ofthe Design Professional's obligations thereunder. 2.G.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significarrt changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services aze not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they aze not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESIENTATION BEYOND BASIC SERVICIES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 33 CONTINCENT ADDITIONAL SERVICES 33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.52. 3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation conceming replacement of work damaged by fire or other cause during construction, and fumishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 33.G Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. S:\Materials Management�PRCH\B1Ds, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers Bridge & Trail\Old stufflProfessional Services Agreement 10-1-14.doc 33.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 tl�at are caused or necessitaled in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design ProPessional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Desigi Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Proressional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICCS 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required Por approvals ot' govemmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof 3.4.G Providing services to verify the accuracy of drawings or other information fumished by the Owner. 3.4.7 Providing coordination of construction perfortned by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of exis[ing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of fumiture, fumishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, afler issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customazily fumished in accordance with generally accepted azchitectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked-up prints, drawing� and other data fumished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be perfortned by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLC 4 OWNER'S R�SPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and desigi constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 22.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If'requested by the Design Professional, the Owner shall fumish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall fumish surveys describin;�; l�'Iro�s�ti��9 a6t��arz�wa�ta�pu�pm��„w,� 9�,�?�rl 6i�a�dGqt�tx�7r�a� ,��uaed �M�gG��';y Rnr�;�R�t��a:� �'��d• iNffw �si� �aE'tlt�^ l�t��u.•G, agretl a�s �+ti�iQe'c,ero legal description of the site. The surveys and legal information vtia��9 inu�ldxa�c, �-a�� t��fp��a�,�r4�,�9t�„ p;��a�9u�� rsu¢� Ina��:°�w� ar3 tilo�uw4��„ �lNa y�c�, ��r�va��r��r�� t�nr9 �G�vy�a�u�ror��,; daa°r;��;oa,�� aua�� structures; adjacent drainage; rights-of-way, restrictions, easep�r��.osi��a c�av�x��c'�i�m�a+..ot9��, r��dbir7,�, ��w�ai b�;��Ys•��:�tld�roe7�;„ Mr�'au�rd��r�i��w�� t�a�aU �,�xrtC<'a�s� �xt° I��r ��C�„ ��c;�dbtru�„ dimensions and necessary data pertaining to existing buildings, a�dN�� kxn7�ar�or��area+��tM taorc�V �ata�d s�aa��9 io�tla�dn�ro��t��s�w u�re��ca�rrrcva� ��i��lt��ri� taAolety ;��ti;�.:s ��a�� qii�aa�,„ ��t��l�i public and private, above and below grade, including inverts and depdis. All the information on the survey shall be referenced to a project benchmark. S:Uvlaterials Management\PRCH�B1Ds, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers Bridge & Trail\Old stuff�Professional Services Agreement 10-1-14.doc 4.G Where applicable, the Owner shall fumish the services ofgeotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, lest pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground conosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, wiil� reports and appropriate professional recommendations. 4.6.1 The Owner shall fumish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are nof retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a parl of'the Additional Services, the Owner shall fumish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, a�id other laboratory and environmental fests, inspections a�id reports required by law or the Contracl Documents. 4.$ The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services tlie Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for wlrat purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, inrormation, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumished at the Ownee's expense, and die Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if'the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such lo the Ownee for review and approval at least fouReen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of Yhe Agreement. a . ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DETINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The ConstrucYion Cosf shall include the cost at current mazket rates of labor and materials fumished by the Owner and equipment designed, specified, selected oe specially provided for by the Design Professional, plus a reasonable allowance for the Contractor s overhead and profit. In addiYion, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during constnaction. 5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rigJ�ts-of-way, financing or other costs which are the responsibilily of the Owner as provided in Article 4. 5.2 RESPONSII3ILITY FOR CONS'CIiU("I'ION COST 5.2.1 Cvaluations of the Owner's Project budget, preliminary estimates of Consteuction Cost and detailed estimates of Construction Cost prepared by the Desig� Professional represent the Design Professional's best judgment as a desigi professional familiar with the construction industry. It is recog�ized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of detertnining bid prices, or over competitive bidding oe market conditions. Accordingly, the Design Peofessional cannot and does not warrant or represent that bids or cost peoposals will not vary from the Owner's Project budget or from arry estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the fumishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Desigzr Peofessional shall be permitted to include contingencies for design, bidding and price escalation, to deterrnine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and Yo include in the Contract Documents altemate bids to adjust the Construction Cost to ihe fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after ffie Desigp Professional submits the Construction Documents to the Owner, any Peoject budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Ovmer and the date on which proposals are sought. ARTICLE G OWNERSIiIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for ihis Project are instruments of the Design Professional's service and shall become Uie property of the Ownee upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similaz purposes in connection with the Project is not to be construed as publication in derogation of the Desigi Professional's reserved rights. ARTICLE 7 TEItMINATION, SLJSPENSION dR ABANDONMiNT 71 The Design Peofessional may terminate the Agreement upon nol less than thirty days written notice should the Owner fail substantially to perf`orm in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design ProfessionaPs receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice Uie Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All pla�is, field surveys, and other data related to the Project shall become property of'the Owner upon termination of the S:\Materials Management\PRCH\BIDs, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers Bridge & Trail\Old stuff�Professional Services Agreement 10-1-]4.doc Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional fbr continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisPactorily perfonned prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the inlerruption and resumption ofthe Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that die Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- perfbrmance and cause for termination. 7.5 If the Owner fails to make payment to Desigi Professional within thirly (30) days of receipt of a statement for services properly and satisfactorily perPormed, the Design Professional may, upon seven days written notice to the Owner, suspend performance ot'services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO TI-IE DESIGN PROFESSIONAL 8.1 DIRCCT PERSONNEL EXP�NSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment ta�ces and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBUTiSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Desig� Professional's emp(oyees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-ol=town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Cxpense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.13 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 83 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applica�ile, shall be in proportion to services perfortned within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construclion Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services aze performed on those poRions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Paymenu on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly wiUiin 30 days after the presentation to the Owner of Uie Design Professional's statement of services rendered or expenses incurced. 8.5 PA'YMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.G DESIGN PROI'CSSIOIVAL'S ACCdLJN"I'I1VG IiECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. S:Uvlaterials Management\PRCH\BIDs, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers I3ridge & Trail\Old stuft�Professional Services Agreement 10-1-14.doc ARTICLE 9 INDCMNITY 9.1 The Design Professional shall indemnify and save and hold hartnless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but nol limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. AItTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State lnsurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $]00,000 for each occurrence and not less than $250,000 in the aggregate. ]0.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits ofnot less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $],000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article ] 0 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, fumish Owner with substitute certificates of insurance meeting the requirements of this Article ] 0. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be govemed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their pamiers, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assip�s and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The terrn Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either weitten or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably hazmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific inforrnation considered by the Owner to be conG- dential or proprietary. The Owner shall provide professional credit tor the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 lf any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. S:\Materials Management\PRCH\BIDs, RFPs & Contracts\5658-Current\5658-PSA Dunaway Design Evers Bridge & Trail\Old stuff�Professional Services Agreement 10-1-14.doc 11.9 The Design Professianal shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work coveeed hereunder as they may now read or heeeinafter be amended during the term of this Agreement. 11.10 In perfarming the Services requieed heeeunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, natianal origin or ancestry, age, oe physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms ae conditions of'the Agreement. S:\Materials Management�PRCH�BIDs, RFPs & Contracts\5658-Cuerent\5658-PSA Dunaway Design Evers Bridge & Teail\Old stuft�Professional Services Agreement 10-1-14.doc Attachment A IV. ADDITIONAL S�RVIC�S ndditional services, not included in this Scope of Services, will be negotiated with the City as necessary, Compensation will be based upon either a mutually agreed lump sum fee or on an hourly basis. VII. ASSUMI'TIONS A. The City has designated a consU-uction budget ofapproximately $1,155,773 for the trail improvements, Should this construction budget increase or decrease, or should the City request a substantial number of alternate bid items be included in the construction document package, Dunaway and the City will reevaluate this Scope of Services and determine the basis of compensation in accordance with revisions to the design services. This Scope of Services is based upon the following program summary as identified by the City in the "Transportation Enhancement Program Nomination Por��n", from November 2U12; • 12-foot wide Trail, 6 inches tl�ick -$755,879 • 8-foot wide Trail, 5 iilches thick -$57,494 • McCamy Evers Bridge - $100,000 • County Truss Bridge - $65,000 • Demolition and Remova] of Existing 4-foot and 5-foot wide sidewalks • Hawk Signal at Hwy 77 and Nicosia -$125,000 B. The City will provide as expeditiously as possible all base infonnation, wllich it currently has in its possession, necessaiy to complete this Scope of Services described herein. This Scope of Services does not include any boundary survey work, or platting. Should additional information be needed by Dunaway, the City will provide this information to Dunaway. All information provided by the City is assumed to be accurate and complete, unless indicated otherwise by the City. Any information required to complete this Scope of Services that cannot be readily provided by the City will remain the responsibility of the City. All such information shall be provided to Dun�way and any costs associated with acquisition of information will be borne by the City. C. This Scope of Services does not include any services for geotechnical engineering evaluations or soils testing. D. It is anticipated tl�at the City would handle any required communication and coocdination with local and regional agencies such as the North Central Texas Council of Governments (NCTCOG), Texas Department of Transportation (TxDOT), utility districts, private utility providers, etc. Attachment A E. This Scope of Services does not include any services associated with preparing an Environmental Impact Statement or Environmential Assessment. F. This Scope of Services does not include any water agency reviews or regulatory permittin� with such agencies as the U.S. Army Corps of Engineers, PEMA, TCEQ, etc. G. No public meetings and/or presentations will be provided within this Scope of Services. Additionally, no presentation exl�ibits, 3D grapl�ics, marketing materials, or animations will be provided. H. All administration of the construction contract and coordination with the Contractor will be the responsibility of the Ciiy. I. All printing costs for multiple sets of construction plans and technical specifications/contract document bool<s will be the responsibility of the City. .1. The City will pay for all required governmental processing fees, public notice advertising costs, and TDLR fees. K, It is anticipated tl�at the trail design will be prepared as one bid package. Tf additional bid packages are required by the City for phasing breakouts, Dunaway will re-evaluate this Scope of Services to address additional fees not covered in tllis Scope of Services. L. It is assumed that the contractor will be responsible for producing all as-built drawings required t'or this project. VIII. COST ESTTMAT�S Any cast estir�iates provided by Dunaway will be on the basis of experienee and jud�rnent, IJUt S111C0 IL I135 I10 coi7U�ol over market conditions of bidding procedures, Dunaway cannot warrant that bids or ultimate construction costs will not vary firom these cost estimates. However, Dunaway acknawledges that the City is relying on the cost estimates provided by Dunaway and expects minimal variation from the cost estimates provided. � DUNAWA y EVERS PARK BRIDGE & TRAIL PROJECT Denton, Texas Estimated Project Schedule October 2, 2014 Scope/Task Item A. Data Collection & Topographic Survey B. Environmental Services C. Preliminary Design * City review of Preliminary Design TBD ATTACHMENT B Deliverv Date Dec. 12, 2014 Nov. '14 — Jan. `15 Feb. 3, 2015 D. Design Development May 5, 2015 * City review of DD submittal & meeting with Dunaway TBD E. F. G. Final Construction Documents Sept. 8, 2015 * City review of CD submittal & meeting with Dunaway TBD Bid Phase Oct. — Nov. 2015 '` City responsible for bid phase schedule, bid opening, award of contract, etc. Construction Phase Begin Dec. 2015 * City responsible for day-to-day administration of the construction contract *Schedule of activities is contingent upon timeliness of City to provide base information, scheduling of City reviews, timing of TXDOT review & approvals, etc. ATTACHMENT C CONF�.I��' OF INTEREST„QUESTIONNAIRE . . _..�.._ ' +�w�ti� This eu stionnaire reflects ch ges made to the law by H.B. 1491 8�� mmm��mm _ other erson d+�ir� busmess with local �rv�rnmenta q m� JWm Oth Leg., Regular Session. FORM CIQ OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a i oate Re�e��ed person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. � m,� mmm Name of person who has a business relationship with local governmental entity.� � ��y Check this box if you are filing an update to a previously filed questionnaire. u�� (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? �a.�_.._ � ..IT.� Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? �.� Yes � No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? �� Yes � No D. Describe each affiliation or business relationship. Signature of person doing business with the governmental entity Date