2008-125ORDINANCE NO. 2OOY -125
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF CARTER AND BURGESS,
INC. TO PROVIDE ENGINEERING, DESIGN AND CONSTRUCTION MANAGEMENT
SERVICES FOR THE DOWNTOWN DENTON TRANSIT CENTER; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (FILE
4014 IN AN AMOUNT NOT TO EXCEED $337,590).
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 I. The City Manager is hereby authorized to enter into a professional service
contract with Carter & Burgess, Inc., to provide professional architectural and related services for the
design of the Downtown Denton Transit Center, a copy of which is attached hereto and incorporated
by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval. /
PASSED AND APPROVED this the day of .2008.
J L
C
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: 7
3-OR P 4014
RFSP 4014- ARCHITECTURAL. AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
THIS AGREEMENT is made and entered into as of the 17th day of June, 2008, 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 Carter &
Burgess, Inc., with its corporate office at 7950 Elmbrook Drive Dallas, Texas 75247-4925 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, (describe the Project in the space below or in an attachment)
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR DOWNTOWN DENTON TRANSIT CENTER
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 $337,590.
2.3 REIMBURSABLE EXPENSES Reimbursable 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 shall not exceed a total of $3,000.00 without the prior written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. The Design Professional's Proposal
3. Attachments N/A through N/A.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY 4-
GE GE C. CAM ELL
CITY MANAGER
CITY OF DENTON
215 E. MCKINNEY ST.
DENTON, TX 76201
ATTEST:
JENNIFER WALTERS, CITY , ECRETARY
BY: Q/
APPRO ED AS TO EGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
DESIG FIRM
BY: C
(CARTER & BURGESS, INC.
7950 ELMBROOK DR.
DALLAS, TX 75247-4925
WIT S:
BY:
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CITV OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILIT'IFS
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engincer (hereinafter calla] the "Design Protessional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Condition, as to diked by the Agreement and Proposal (the "Services').
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession cu ently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the `Degree of Care'). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may he adjusted as the Project
proceeds, and shall include allowances for period., of time rerluired 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, he exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall he mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal .structural, civil, mechanical and electrical enginccnng services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents. as daeriba] by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMA'T'IC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the project to ascertain Owners needs and to establish the
requirements far the ]'reject.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requimments, each in
terms of theolher, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner altcmative approaches to design and construction of the Project.
2.2,4 Basal on the mutually agreed-upon program, schedule and construction budget nxquirements, the Design Professional shall prepare, forapproval 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 paws, 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 cast 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 completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authomed by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for appmval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the sire and
character of the Project as to amhilechnrd, muctuml, mechanical and electrical systems, materials and such other elenhen¢ as may be upprolinate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fu1811 tine pugeses of the Project.
2.32 The Iesigri Professional shall advise the Owner of any adjustments to the preliminary eslinnte of Construction Cost in a further Detailed Statement as described
in Section 2.25.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any Ihrther adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Pmfessional shall prepare, fur approval by the Owner, Construction Documents consisting of Drawings aid Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable paws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the font of Agreement between the Owner and contractor.
2.4.3 The Design professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4,4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of go%emnienh0
authorities having jurisdiction over the Project.
2.5 CONS'TRUC'TION CON'I'RACF PROCUREMENT
2.5.1 The Design Professional, following the Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
Page 3
limitation- the competitivesealed bidding process. AIthough the Ownerwi If consider the advice ofthe design Professional, the awardof theconstmction con tract is in
the sole discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project asset forth in the approved Detailed Statement of Probable
Construction Costs of the project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the tout construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE- ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Profes'sional'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 iN.Armce to the Owner of the final Certificate for Payment, unless extended under the nations 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 prolessionalss [tie administration
shall also he in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may he
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement. unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not he restricted- modified or extended without written
agreement of the Owner and Design Professional.
2.6A The Design Professional shall he a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owners direction from
time to time during the correction, or warranty period described in lire Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.65 The Design Professional shall observe the construction site at least one time it week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed mid to determine if the work is being performed! in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design professional shall provide Ownera written report subsequent to
each on-site visit. On the basis of on-site observations the 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 Owner any observable defects or deficiencies in the work of Contractor orally
subcontractors. The Design Professional represents that he will follow Degree of Care in orforning all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owners approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's rights hereunder.
2.6.6 The Design Professional shall non have control over or charge of and shall not be responsible for construction meats methods, techniqucti, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure no carry out the work in accordance with the Contract Documents except insofar as such failure truly 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
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access no the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner mid Contractor
shall communicate through the Design Professional. Communications by and with the Design Profess'ional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations an the site of the work and evaluations of (lie Contractors Applications for Payment, the Design Professional
shall review and mnify the amounts due fie Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner. based on the Design Profes'sional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Commences Application for Paynhcnt that the work has progressed to the point indicated stud that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from rue Contract Documents cor-
rectable prior to completion mid to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in rue amount certified. However, the issuance ofa Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or prezdures, or (2) ascertained plow or for what purpose the Contractor
has used money previously paid on account of the Contact Sum.
2.6.11 The Design Professional shall have the responsibility mid authority to reject work which does not conform to the Contract Doeumeats. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, We Design Professional will have authority no require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the lesigm professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractors submittals such as Shop Drawings. Product Data and
Samples for the purpose of (I) determining compliance with applicable paws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of sepumte contractors, while allowing sulicient time in the Design Professional's professional judgment no
permit adequate review. Review oI 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 per(oruuarce of equipment or systems designed by the Contractor, all of which remain to
responsibility of the Contractor to the extent required by the Contract Ddcunhents. 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 prcedues. The Design Professional's
approval ofa specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of perfornhance characteristics
Page 4
of materials, systems or equipment is required by the Contract Documents, the Design Pmfcssional shall be entitled to rely upon such cenifianion to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Dimctives, with supporting documentation and data if decnied necessary by
the Design Professional as provided in Suhsections 3.1.1 and 333, for the Owner's approval and execution in accordance with the Contract Documents and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Conant Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Cenificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to he assembled by the Contractor and shale issue a final certificate for Payment upon compliance with the
requiremcros of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner: and Connector under the requirements
of the Contract Documents nn written request of either the Owner or Contmclor. The Design Professional's response to such requests shale he made with reasonable
pionnpmess and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shale be consistent with the intent of and reasonably inferable from the Contract Documents and shall
he in writing or in the form of drawings. When making such interpretations and initial decisions the Design 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 goal faith in accordance with all the provisions of this
Agreement and in the absence ofnegligencek.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree; of Cam: (2) will mimbnse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fens due, shall not be released Cron any
tights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shale provide the Owner with four sets of reproducible prints showing all significant changes to to Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 rte not included in Basic Services unless so identified in the Agreement or Proposal, and they shall he paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services descnbal under Sections 3.2 and 3.4 shale 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 Pnhfessional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval front the Owner to proceed. If the Owner indicates in writing that all or pan of such Contingent Additional Services are not required, the Design Pmfcssional
shale have no obligation to provide those services. Owner will be responsible for corntZns'ating the Design Professional for Contingent Additional Services only if
they arc not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Desigm Professional shall provide one or mom Project
Repmsentatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shale be selected, employed and dircetcd by the Design Professional, Mid the Design Professional shall be conhpensated themfor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owneq including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision ofcalcs, laws or regulations subsequent to the preparation of such documents, or
3. due to changes requited as a result of the Owner's failum to render decision in a firmly manner.
33.2 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 inquired under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting darn, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacenhent of work damaged by fim or other cause during construction, and famishing 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 Constriction.
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3.3.6 Providing services in evaluating :nextensive number of claims submitted by the Contractor of other in connection with the work. '
33.7 Providing services in connection with it public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto
3.3.8 Providing services in addition to those require,] by Article 2 for preparing documents for ahemate, separate or sequential hide, m providing services in connection
with bidding or constriction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement. Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
causes] or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services The
intervening or concurrent negligence- of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICFS
3.4.1 Providing financial feasihi lily or other special studies.
3.4.2 Providing planning surveys, site evaluations orcompamtive studies of prospective sites.
3.4.3 Providing special .surveys, environmental studies and submissions "uiicd for approvals of governmental authorities or others having,jurisdiction over the
Project.
3.44 Providing services relative to future facilities, systems and equiprucm.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereoL
3.4.6 Providing services to verify the accuracy of drawings or other infontmtion I'umished by the Owner.
3.4.7 Providing coordination of constriction performed 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, equipnsm and labor.
3.4.9 Providing analyses ofoperating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilimtion of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance mid consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing Services otter than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing scrvices of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a pan of
Basic Services.
3.4.16 Providing any other services not otherwise indudcd in this Agcvnrent or not customarily fumichcd in accontance with generally accepted architerlural
practice.
3.4.17 Preparing a set of reprducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction bases) our marked-up prints, drawing and other data famished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal of these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole air in pan due to the negligent net or omission of the Iksign Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirement, for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, Flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically desenhed in Subsection 2.2.1.
4.2 The Owner shale establish and update an overall budget for the Project, including the Constriction Csat, the Owners other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall famish 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 inspect to the Project. 'I'hc Owner or such authorind n-presennuive 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.
Page 6
4.5 Where applicable, the Owner shall furnish Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information Shall include, as applicable, grades and lines of street', alleys, pavements and adjoining propeny and
structures; adjacent drainage; right-of-way, restrictions, casements, encroachments, Toning, deed restrictions, boundaries and cONOUn of the site; locations
dimensions and neceSs ry data pertaining to existing buildings, other improvement, and trces; and information concerning available utility Services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall he referenced to a project benchmark.
4.6 Where applicable, the Owner shall famish thescvices of geotechnicvl engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test failings, test pits, determinations of soil bearing values, percolation test, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 'llle Owner shall furnish the services of other consultants when Such services are reasonably required by the scope of the Project and are requested by the Design
Professiomd and arc not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a pat of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution tests, tests of hanrdous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall famish all legal, accounting and insurance counseling services as may be necessary at any film for the Project, including auditing services the
Owner may require to verify the Contractors Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The .services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 Shall he famished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or noncontbrmance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request cenif cations that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONST'RUCT'ION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials I'umished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit In addition, a reusonablc allowancefor con-
tingcncies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is rcmgnived, however, that neither
the Design Professional nor the Owner has control over the cost of labor, t aterials or equipment, over the Contractor's methods of delemtining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
front the Owner's Project budget or front any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cast Shall be established as it condition of the Agreement by the furnishing, 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 hits been exahblished, the Design Professional shall he pertained
to include contingencies for design, bidding :cod price escalation, to determine what materials, equipment, component systems and types of construction are to he
included in the Contract Documents, to make reasonableadjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost m the fixed limit Fixed limits, if any, shall he increased in the amount of an increase in the Contract Surat occurring after execution ofthe Contract
for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date ofsubnhission
of the Construction Documents to the Owner and the dale on which proposals are sought.
ARTICLE6 OWNERSHIP AND USEOF DOCUMENTS
6.1 The Drawings Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such document. Such
documents are intended only be applicable to this Project, and Owners use of such documents in other projects shall he 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 otter purposes than am specified fit the Agreement, the Design
Professional is released form any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requimments or for similar purposes in connection with the Project is not to he construed as publication
in derogation of the Design Professional's reserved rights.
Page 7
ARTICLE7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty clays written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All Plana, fidd surveys, and other data relater) to Ore Project shall become propcny of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably org;mi7ed form. Should Owner subsequently contract with a new Design Professional for continuation
ofserviccs on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such Suspension. When the Project is resumed, the Design Profess'ional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement miry be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7A Failure of the Owner to make payment., to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
pedormance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend Porter ante of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily perfomhed prior to
(cmullation.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL. EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Profess'ional's personnel engaged on the Project mid the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses arc in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project: expenses in connection with amhonmd out-ol-town travel; long-distance communications,
and fees paid for securing approval of authorities havingjunsdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorited 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 dmftingequipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENT'S ON ACCOUNT OF RASIC SERVICES
8.3.1 Payments for Basic Services shall be madc monthly and, where applicable, shall be in proportion to servic s performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall he computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services ate performed on terse Portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (U the lowest hona fide bid or (2) if no such hid 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 PAYMENT'S ON ACCOUNTOF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Profess'ional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days alter the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be madc from the Design Professional's compensation on account of penalty, liquidated damages or othersums withheld
front payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
Page 8
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services pedomted 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.
ARTICLE 9 INDEMNITY
9.1 The Design professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but riot limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and pnrpcrp damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or cmPloyees 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 m law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of govenunental immunity, which
defenses are hereby expressly reserved.
ARTICLE 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 Slate Insurance CommISSIOn or any successor agency that has a rating with Rest
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than 51,000,000 for each occurrence and not less than $2,000.000 in the aggregate,
and with property damage limits of flout less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liahility Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Deleted
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE II MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the Suite 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 partners, successors, assigns and legal represcr ivee to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assigm its
interests in the Agreement without the written consent of the Owner.
113 The tern Agreenhent as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may he amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the execure<f Agrecruent 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 he in conflict so that they can not be reasonably hamhonizcd,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other that the Proposal
3. These General Provision,,
4. The Proposal
11.4 Nothing contained in lire Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner m Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include represenations 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 information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its enhployees, associates, agents,
subcontractors, and subconsultams for the accuracy and competency of their designs or other work; not 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 panics 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.
Page 9
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the panics shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
ILIA In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of ewe, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of die Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
11.12 "Any delays in or failure of Performance by Design Professional or Owner, other than the payment of money, shall not constitute default hereunder if and to the
extent such delays or failures of performance are caused by occurrences beyond the reasonable control of Owner or Design Professional, as the case nety be, including
but not limited to, acts of Gal or the public enemy; compliance with any order or request of any gover nnental authority; fires, Iloods, explosion, accidents; riots, strikes
nr other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the saute class or kind as those specifically named above, which are not
within the reasonable control of Owner or Design Professional respectively. In the event that any event of force majeure as herein defined occurs, Design Professional
shall be entitled to a reasonable extension of tine for performance of its services under this Agreement'.
Page 10
Exhibit A - Scope of Services
Modification #02
Professional Services Proposal
For.
City of Denton
Downtown Transit Center
Denton, Texas
Pre-Design Services
Final Design and Construction Support Services
Contents:
• Project Description
• Project Team
• Project Schedule
• Scope of Services
Prepared: June 6, 2008
J]•JACOBS
Carter Burgess
PROJECT DESCRIPTION
Design of a downtown transit center in the central business district of the City of Denton. The transit
center will serve the Denton County Transportation Authority (DCTA) local fixed route bus service
with provisions for a future Downtown Denton rail station, intercity bus and rural transportation
service. The project Includes renovation of the existing 8800 square foot City of Denton Facilities
Maintenance Building located at 604 East Hickory for passenger facilities and operations functions;
new passenger drop and padding; on-site connections to planned pedestrian and bicycle routes;
coordination with on-going Downtown Denton Master Plan studies, Hickory Street Artwaik
Improvements and the DCTA rall station. The project scope is based on the conceptual plan dated
May 18, 2007 prepared by HDR Inc.
The project includes study of off-site transit oriented development and community linkage
opportunities. On-site development will include full service (architecture, interior architecture, graphic
design, engineering, etc.) design/construction plans and specifications for completion of construction
of the project.
PROJECTTEAM
Services Provided by Carter & Burgess Inc. Include architecture, interior design, landscape,
mechanical, electrical and plumbing engineering, structural engineering and traffic engineering.
Carter & Burgess will also be performing study of transit oriented development opportunities as part
of pre-dasign services.
Services provided by sub-consultants Include:
Civil Engineering, Survey and Utilities Coordination: Charles Gojer & Associated Inc. - Dallas, TX
Cost Estimating Services: AG/CM. - Corpus Christi, TX
Janke Design - Austin, TX
PROJECT SCEHDULE
Notice to Proceed Is anticipated to be June 2008. The project
design will be completed by April 30, 2009 with projected
construction completion by May 28, 2010 to meet the operation needs of DCTA. It is anticipated that
work will be completed in phases as follows:
a Phase One - Predesign
18 weeks
a Phase Two -Final Design Construction Documents 36 weeks
(overlaps 10 weeks with Pre-Design)
44 Weeks Total
Phase Two - Construction Administration 52 weeks
The time allocations include the necessary review/approval time from the Owner based on a 2 week
review period after each submittal in Phase 2, Final Design Services.
SCOPE OF SERVICES
Phase 1, Pre-design Services and Phase 2, Final Design Services will be performed by Carter &
Burgess, Inc. as defined below.
Phase 1: Pre-Design
1.0 Programming: Development of a project program based on validation of existing program
Information provided by the City and DCTA and stakeholder meetings with transportation
providers, users and all relative parties. One program validation meeting will be held over an 4
hour period for documentation of project goals and objectives, spatial requirements, and
operational needs. A follow up meeting will be held for program vertflcatlon. Meetings will be
arranged by the City of Denton. The level of effort for this task is 40 hours.
Tasks / Deliverables:
1.01 Mission Statement / Goals Document
1.02 Space Program In Tabular format
2.0 Transit Oriented Development Opportunities:: The current Downtown Master Plan, TOD goals
and other policy based initiatives will be reviewed for incorporation into a TOD framework plan.
Best practices in transit supportive development will be utilized to ensure development potential is
maximized. The process will Identify specific barriers to transit supportive development and
formulate solutions to overcome these barriers. A land use and infrastructure plan will be
developed to include potential uses, definition building footprints, structured parking, urban
design/streetscape elements, gateways, building heights and building areas by use. The general
character of the development will be defined by image boards. Two alternative approaches will
Initially be developed and presented to the stakeholders and community. A preferred plan will be
developed from Input received.
Tasks / Deliverables
2.01 Meeting with City Staff
2.02 Team charrette on Project Vision
2.03 land Use Plan Study
2.04 Urban Design / Infrastructure Plan Studies
2.05 Community Meeting
2.06 Preferred Land Use / Infrastructure Plan
Phase 2: Final Design Services (As defined in AIA Document 8141)
It Is a Standard of Practice that the Basic Services part of the proposed scope of work begins in
Schematic Design and concludes after the completion of the Construction Administration Phase.
Carter & Burgess Ines design services shall include normal architectural, landscape, civil, structural,
mechanical, electrical engineering services. Project management as part of Basic Services will
include a Project Management Plan, Project Schedule and Quality Control Plan and daily coordination
and management of the project Basis Services are based on a budget construction cost of
$2,662,000.
1.0 Survey / Title Review: Prepare a topographic survey and base maps for three city owned
parcels making up the project site. The survey will Include identification of existing utilities,
boundaries, easements and buildings. The City will provide all relative base data and utilities
information. A title review will be performed.
Tasks / Deliverables
1.01 Topographic and Boundary Survey
1.02 Utilities Plans per City of Denton documents
1.03 Reid Notes
Geotechnical Services for soil borings and recommendations regarding substructure construction
will be contracted separately by the City / DCTA or provided based on adjacent projects.
2.0 Condition Assessment: The existing Facilities Maintenance Building will be reviewed to assess
the general condition of the building and applicability to adaptive reuse. Sements reviewed will
Include existing code compliance, building systems condition and suitability for adaptive reuse,
structure and wall systems and roof system.
Tasks / Deliverables
2.01 Field review/ inspection
2.02 Condition Assessment Report
3.0 Traffic Engineering: Prepare traffic and circulation maps for bus, automobile and pedestrian
routes around the project site and recommend necessary Improvements for properties and right-
of-way. Identify traffic Impacts of the transit facility and necessary traffic control signage,
striping, markings and pedestrian routes for up to'g'a mile from the facility; non-signalized
Intersections along bus routes, up to % mile from the facility and signalized intersections/'bus
priority no less than 1 mile from the site.
Tasks / Deliverables:
3.01 Traffic Impact Analysis
3.02 Project Area Circulation Map
3.03 Striping, Signage and Signal Modifications Drawings (submitted with Final
Design documents)
4.0 Consult with Rail DCTA Staff: Three coordination meetings will be held with DCTA staff in
addition to the Needs Assessment meeting held In Task 1. The meetings will be held to review
plans, coordinate design elements and systems between the Transit Center and DCTA rail station
design.
Tasks / Deliverables
4.01 Meeting Notes
5.0 City Council / DCTA / Public Presentations (Additional Services) Caner & Burgess Inc. will
provide project presentations to the City Council, Public and Stakeholders to update participants
on the project progress and design development.
Tasks / Deliverables:
5.01 2 City Council / DCTA Presentations
5.02 1 Public Open House/Brieffng
5.03 Renderings (Direct Costs)
Basic A/E Services (As Defined by AIA B141)
6.0 Schematic Design (30%)
Carter & Burgess, Inc. will provide Schematic Design Documents based on the mutually agreed-upon
program, schedule, and budget for the cost of the work. The documents shall establish the
conceptual design of the Project illustrating the scale and relationship of the Project components. The
Schematic Design Documents shall Include a conceptual site plan, If appropriate, and preliminary
building plans, sections and elevations. At C&B's option, the Schematic Design Documents may
include study models, perspective sketches, electronic modeling or combinations of these media.
Preliminary selections of major building systems and construction materials shall be noted on the
drawings or described In writing.
Deliverables: Schematic Design Documents for CIVII, Architectural, MEP, and Structural disciplines.
Schematic Design Cost Estimate
Meetings: 2 Project c oordinatlcn meetings with the City
1 Schematic Design review meeting with the City and DCTA
7.0 Design Development (70%)
Carter & Burgess Inc. will provide Design Development Documents based on the approved
Schematic Design Documents and updated budget for the cost of the work. The Design Development
Documents shall Illustrate and describe the refinement of the design of the Project, establishing the
scope, relationships, forms, size and appearance of the Project by means of plans, sections and
elevations, typical construction details, and equipment layouts. The Design Development Documents
shall include specrficatlons that Identify major materials and systems and establish in general their
quality levels.
Dellverables: Design Development Documents for Civil, Landscape, Architectural, MEP, Structural,
Fire Protection and Traffic
Design Development Cost Estimate
Meetings: 2 Project coordination meetings with the City and DCTA
1 Design Development Document review meeting
8.0 Final Construction Documents (100%)
C&B shall provide Final Construction Documents to CMAR based on the approved 95% Construction
Document review, CMAR input and updated budget for the Cost of the Work The Documents shall
set forth in detail the contract requirements for constructlon of the Project. The Documents shall
Include final Drawings and Specifications that establish in detail the quality levels of materials and
systems required for the Project.
Dellverables: Final Construction Documents Including drawings and Specifications for Civil,
Landscape, Architectural, MEP, Structural Fire Protection and Traffic disciplines.
9.0 Construction Administration
Carter & Burgess, inc. shall, during the period of the construction of the project, observe construction
periodically, and Inform the Owner whether or not construction is proceeding substantially in
accordance with the Contract Document requirements. C&B shall provide administration of the
Contract between the Owner and the Contractor as set forth in the edition of AIA Document B141-
Agreement between Owner and Architect and in the edition of AiA Document A201, General
Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications
made to the General Conditions, when adopted as part of the Contract Documents, shell be
enforceable under this Agreement only to the extent that they are consistent with this Agreement or
approved in writing by C&B. The construction delivery method Is assumed to be Design/Bid/Build.
Deilverables: Construction Observation Reports
Response to Contractor Requests for Information
Shop Drawing Review and Documentation
Review of Contractor's Pay Applications
Site Visits: 36 site visits
Note: As-bunt documents If required will be billed as additional services.
Reimbursable Expenses
Reimbursable Expenses are defined as those actual expenditures Incurred directly in connection with
the project. Reimbursable Expenses shall Include, but are not limited to the following:
• Postage and Delivery
• Reproductions; Photocopies; Printing; and Computer Plotting
• Transportation; Travel
• Photography
• Professional Renderings and Models (Optional)
luea BS
Carter Burgess
Exhibit B - Fee
Modification #02
Professional Services Proposal
For.
City of Denton
Downtown Transit Terminal
Denton, Texas
Pre-Design Services
Final Design and Construction Support Services
Contents:
• Fee Summary
• Pre-Design Services Backup
• Final Design Services Backup
This document constdutes a proposal which maybe accepted by the execution of a contact to be negotiated by the parties.
If Me scope otwotk descdpflons and professlonal fees In this document are agreeable, please submit a contract for final
signature.
June 6, 2008
Denton Downtown Tsaosit Center
Denton. Texas
Exhibit B - Fee Schedule Modification 002
June Q 2008
Page 2 oJ2
Pre-Design Services
Programming
TOD Study
Direct Costs
Final Design Services
Additional Services
1.0 Survey
2.0 Condition Assessment
3.0 Traffic Engineering
4.0 Consult with RaODCTA
5.0 Counc[VDCTA Presentations
6,338.00
20,680.00
300.00
27,318.00
5,350.00
6,688.00
23,461.00
4,100.00
2.733.00
42,332.00
Basic Services (billed by % Complete by Phase)
Phase
6.0 Schematic
7.0 Design Development
8.0 CD
8.1 Final CD
8.0 CA
Total Basic Services
Direct Costs
Total Final Design
20.00% 50,400.00
25.00% 63,000.00
30.00% 75,600.00
5.00% 12,600.00
20.00% 50,400.00
100.00% 252,000.00
15,040.00
310,272.00
Total Fees (Pre-Design / Final Design) 337,590.00
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Historically Underutilized Business
Certification and Compliance Program
In accordance with the Memorandum of Agreement between the
Texas Department of Transportation (TXDOT)
and the Texas Building & Procurement Commission (TBPC),
the Commission hereby certifies that
JANKE DESIGN
has successfully met the established requirements of the
State of Texas Historically`Underutilized Business (HUB)
Certification and Compiiance Program to be recognized as -a HUB:
This certificate, printed 08-DEC-20051-supersedes any registration and certificate. previously issued by-the
TBPC's HUB Certification and Compliance Program. If there -are, any changes regarding,the.information (i.e.,
business structure, ownership, . day-to-day management, operational control, addresses, phone and fax
numbers or authorized. signatures) provided in the submission of the, business' application for
registration/certification into the TXDOT's program, you must immediately *(within 30 days of such changes)
notify the TXDOT's program in writing. The Commission reserves the right to conductor compliance review at
any time to confirm HUB eligibility. HUB. certification may be suspended or revoked upon findings of
ineligibility. If your firm ceases to remain certified in the TXDOT's.program, ,you must apply and become
certified through theState 'of Texas HUB program to maintain your HUB certification.
?,j 4 (:i1"_,_--.
Certificate/VID Number: 1030563489000 Paul A. Gibson
File/Vendor Number: 25322 HUB Certification & Compliance Supervisor
Approval Date: 30-NOV-2005 Texas Building & Procurement Commission
Expiration Date: 30-NOV-2008 (512) 305-9071
Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing
this business as a HUB, they must award payment under the CertificateNID Number identified above.
Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by
accessing the,internet (http://www.tbpc.state.tx.us) or by contacting the TBPC's HUB Certification and
Compliance Program at (888) 863-5881 or (512) 463-5872.
~i,
FIN
~ afe -of 'Emus
Historically Underutilized Business
Certification and Compliance program
k .
The Texas Building & Procurement Commission (TBPC),
hereby certifies that
AGICM, INC.
has successfully met the established requirements of the
State of Texas Historically Underutilized Business (HUB)
Certification and Compliance Program to be recognized as a HUB.
This certificate, printed 03-MAR-2007, supersedes any registration and certificate previously issued by the
TBPC's HUB Certification and Compliance Program. If there are any changes regarding the information (i.e.,
business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers
or authorized signatures) provided in the submission of the business' application for registration/certification as a
HUB, you must immediately (within 30 days of such changes) notify the TBPC's HUB program in writing. The
Commission reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB
certification may be suspended or revoked upon findings of ineligibility.
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Certificate/VID Number: 1742775067800 Paul A. Gibson
File/Vendor Number: 40713 HUB Certification & Compliance Manager
Approval Date: 01-MAR-2007 Texas Building & Procurement Commission
Expiration Date: 01-MAR-2011 (512) 305-9071
Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this
business as a HUB, they must award payment under the Certificate/VID Number identified above. Agencies and
universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the
Internet (http://www.tbpc.state.tx.us) or by contacting the TBPC's HUB Certification and Compliance Program at
(868) 863-5881 or(512)463-5872.
c
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
14. LOBBYING (Continued):
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants. and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $ 10,000 and not more than $ 100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(I)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $ 100,000 for each such expenditure or
failure.]
The Contractor, G{~ft certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et sett., apply to this certification and
disclosure..ifanv.
ignature of Contractor's Authorized Official
Z~J wa/ S Name and Title of Contractor's Authorized Official
(r~RNAG~N~ /~fiiNGl r~/!L
/ Date
Page 22 of 22
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor or other person doing business with local governmental entity
CITY OF DENTON
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a 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).
OFFICE USE ONLY
By law, this questionnaire must be filed with the records administrator of the local
government not later than the 7th business day after the dale the person
becomes aware of facts that require the statement to be filed. See Section
176.006. Local Government Code.
Darn aecefiea
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1. Name of person doing business with local governmental entity.
Carter& Burgess, Inc.
2,1 f Check this box it you are filing an update to a previously filed questionnaire.
(The laws 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.
a. Name of local government officer with whom filer has employment or business relationship.
NONE
Name of Officer
This section (item J including subparts A. B, C 8 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 .
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?
t I Yes I ]No
B. Is the filer of the questionnaire receiving or hkely to receive taxable income, other than investment income, from or at the direction of the twat
government officer named in this section AND the taxable income is not received from the local governmental entity?
[ IYes I )No
C. Is the filer of this questionnaire employed by a corporation or other business entity with repecl to which the local government officer serves as an
officer or director, or holds an Ownership of 10 percent or more?
I I Yes I ]No
D. Describe each employment or business relationship with the local government officer named in this section.
CARTER 6 BURGESS, NC
BY:
Signatur~ Date
CITY OF DENTON, TEXAS
RFSP # 4014
ARCHITECTURAL AND ENGINEERING
SERVICES FOR DESIGN FOR DENTON
TRANSIT CENTER
BID OPENING DATE: APRIL 17, 2008
2:00 P.M.
Prepared by: City of Denton
Transportation Department
NOTICE TO VENDORS
Proposals will be received by the City of Denton, Texas at the office of the Purchasing Agent
prior to 2:00 p.m., April 17, 2008 for the following:
RFSP # 4014 - Architectural and Engineering Services for Design for
Downtown Denton Transit Center
Qualified prospective offerors may obtain copies of the proposal with information at the office of
the Purchasing Agent, located at 901-B Texas Street, Denton, Texas 76209 in the Service Center
complex.
The submitted proposals shall not be altered, withdrawn, or resubmitted within 60 days from
after the date of the proposal opening.
The City of Denton, Texas reserves the right to reject or accept any proposal and award to the
most advantageous proposal received.
Minority and small business vendors are encouraged to submit proposals.
CITY OF DENTON, TEXAS
(940) 349-7100
TOM D. SHAW, C.P.M.
PURCHASING AGENT
This advertisement to run: April 1 and April 8, 2008
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
GENERAL INFORMATION
L Project Title
Architectural and Engineering Services for Design for Downtown Denton Transit Center
2. Project Location
The site identified for the project is at the southeast corner of Hickory Street and Railroad
Street cast of the former Missouri Kansas and Texas Railroad in Denton, Texas. The site
incorporates City of Denton property located at 604 East Hickory.
3. Project Description
The City of Denton seeks design work for a transit station in the central business district
of the city. The facility will serve as a central transfer station for the Denton County
Transportation Authority (DCTA) local fixed route bus service. Additionally, the site
may later incorporate a rail platform for the current Rai1DCTA program. Plans for the
project should incorporate other public and private transportation concerns as well, such
as rural providers or intercity bus service.
The site includes a current structure, which will be converted into a transit facility. The
facility will serve as a waiting area for passengers and common passenger amenities to be
determined during the design process. The facility will also likely contain DCTA office
space in the eastern half of the facility. Other anticipated needs of the project are a bus
lane, parking for DCTA staff and walk up customers, exterior passenger shelters and
seating, signage, pedestrian pathways, landscaping and streetscaping.
The project will require design/construction plans and the associated documcnts(s)
preparation, as well as the necessary construction related coordination necessary for the
completion of construction to include submittal of completed (as-built plans)
design/construction plans, with all applicable documents.
4. Project Timeline
To meet operational needs of DCTA, project design shall be completed by April 30, 2009
and a construction completion date of May 28, 2010 has been identified.
5. Estimated Project Budget
Total cost costs design and construction costs for the project are budgeted at 53,887,1 13
Page 3 or22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SCOPE OF SERVICES
DESIGN OBJECTIVES
The City of Denton's objectives for the Downtown Denton Transit Center include, but arc not
limited to, the following:
1. Review existing documentation - Consultant shall become familiar with project area
and possible project sites and review existing documents and plans pertaining to
Downtown Denton development and Denton County Transportation Authority transit
service plans.
Downtown Denton development plans - Consultant shall meet with City of Denton
staff and review plans and other documents pertaining to economic development of
specific area and Downtown Denton in general.
Denton County Transportation Authority service plans - Consultant shall work with
Denton County Transportation Authority staff and review existing plans and documents
conceming present and future transit service in the City of Denton. This review should
include both bus transit and potential future rail transit planned by DCTA.
Review relevant federal, state, and local regulations - Consultant shall work with
federal, state, and local bodies as necessary to identify and meet regulations pertaining to
federal transit funding for project and other regulations applicable to site.
2. Complete topographic surveys and prepare base map - Consultant shall complete a
topographic survey, locate and map all utilities and prepare a base map of selected site
including, but not limited to, the following:
Existing uses, improvements, and utilities map - Consultant shall collect appropriate
data concerning existing uses, improvements, and utilities from appropriate agencies with
assistance from City of Denton staff. Consultant will conduct appropriate field surveys
necessary to determine location of existing buildings and utilities. Base map should
demonstrate all utilities to include, but not be limited to; electrical, gas, phone, water,
storm water, sanitary sewer, and other relevant utilities.
Topographic survey - Consultant shall prepare a topographic survey for site selected,
other adjacent lands in which improvements are likely to be necessary, and other
properties as necessary.
Record survey - Consultant shall prepare a title review of all properties for the project
area and provide a review of ownership and recorded easement boundaries for site
selected and other properties as necessary.
Page 4 or22
RFSP 4014-ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SCOPE OF SERVICES
DESIGN OBJECTIVES (Continued):
3. Review Transit Oriented Development Opportunities - Consultant shall collect input
from and advise the City of Denton on potential future transit oriented development
(TOD) appropriate near the site. Such discussion shall regard the impact of all transit
modes service to development near the site. All site design for the property shall
conform to TOD goals of the City of Denton for surrounding properties.
4. Consult with Rai1DCTA Team (Staff and Consultants) - Consultant shall meet with
the Denton County Transportation Authority staff and RailDCTA design team to ensure
integration of future rail platform to Downtown Denton Transit Center site.
5. Develop Schematic Plans / Preliminary Engineering Documents - Consultant shall
complete preliminary plans for the project which will be reviewed and approved by the
City of Denton and Denton County Transportation Authority. Said plans shall include,
but not be limited to, the following:
Facility Plan - Consultant shall provide a map set identifying major facilities necessary
for project. This map set should identify facilities which will be maintained and
improved or altered for purposes of project as well as sites, footprints, and heights for
new construction.
Improvement and Grading Plan - Consultant shall provide a schematic improvement
and grading plan for the project. The preliminary improvement and grading plan shall
identify all areas of new construction as well as areas which require pavement
improvement or repair. The schematic should identify curb, gutter, and sidewalk
alterations or improvements.
Right of Way - Consultant shall prepare a schematic right of way map for the project
and other affected areas. This map shall identify areas in which temporary or permanent
easements may be needed for completion of project.
Traffic and Circulation Maps - Consultant shall prepare a map detailing traffic and
circulation map for transit vehicles, other vehicles, and pedestrians on and around the
project site. A report shall be produced to include necessary improvements both for the
identified site and surrounding properties and rights of way. This report will identify
traffic impacts of facility and necessary signagc, striping, and signaling for efficient
traffic flow within the site and on affected properties and rights of way. Specifically,
consultant shall evaluate the impact of the center on signing, markings, and pedestrian
routes no less than 1/4 mile from the center; non-signalized intersections along bus routes
no less than 1/2 mile from site; and Signalized intersections/bus priority no less than I
mile from site.
Page 5 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING. SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SCOPE OF SERVICES
DESIGN OBJECTIVES (Continued):
Additional Enhancement Plan - Consultant shall provide a schematic identifying
enhancements such as bus shelters and benches, signage, street furniture, improved
lighting, decorative paving, landscaping, streetscaping and other enhancements. Such
enhancements will be in conformity with City of Denton plans for the area and make
facility and existing strectscape inviting to pedestrians and transit users.
Utility Plan - Consultant shall prepare a schematic level utility plan. The plan shall
locate all utilities within the area defined by the base map and identify utilities which will
need to be moved to accommodate proposed improvements. The plan shall also identify
utilities which will need to be upgraded, replaced, or introduced as a result of the
operations of.the facility. The utility plan shall also identify necessary modifications to
storm drainage systems as a result of the proposed project.
Construction Cost Estimates - Consultant shall prepare a detailed cost estimate for
construction costs for the proposed schematic.
Peer Review - Consultant shall conduct a peer review of project after completing 30%
plans.
Presentation of Plans - Consultant shall meet with City of Denton and Denton County
Transportation staffs for refinement of plans and present schematic plans for approval to
appropriate decision making persons or groups within the City of Denton and Denton
County Transportation Authority. Consultant will present these plans, at a minimum of
two public meetings and revise plans accordingly.
6. 70% Plans with Specifications and Cost Estimates - Following completion and
approval of the Schematic Design of the project, consultant shall prepare 70% plans for
approval by the City of Denton and the Denton County Transportation Authority. The
plans shall include:
Design Plans - Consultant shall develop Construction Drawings for the project. These
plans shall incorporate the details of the Schematic Design as approved by the City of
Denton and the Denton County Transportation Authority.
Construction Costs - Consultant shall provide a new detailed estimate for construction
costs associated with the project. Differences in costs from Schematic Design phase
should be explained in the report containing the new cost estimates.
Consultant shall meet with City of Denton and Denton County Transportation staffs for
refinement of plans and present 70% plans for approval to appropriate decision making
persons or groups within the City of Denton and Denton County Transportation
Authority.
Page 6 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SCOPE OF SERVICES
DESIGN OBJECTIVES (Continued):
7. Final Design with Cost Estimates - Following completion and approval of the 70%
Design of the project, consultant shall prepare final plans for approval by the City of
Denton and the Denton County Transportation Authority. The plans should include:
Design Plans - Consultant shall develop Construction Drawings for the project. These
plans shall incorporate the details of the 70% plans as approved by the City of Denton
and the Denton County Transportation Authority.
Construction Costs - Consultant shall provide a new detailed estimate for construction
costs associated with the project. Differences in costs from 70% Design phase should be
explained in the report containing the new cost estimates.
Consultant shall meet with City of Denton and Denton County Transportation staffs for
refinement of plans and present final plans for approval to appropriate decision making
persons or groups within the City of Denton and Denton County Transportation
Authority.
8. Construction Coordination - Consultant will prepare construction bid documentation
and assist with construction coordination to include preparation of all necessary
permits/applications and submittal of as-built plans to the City of Denton.
Page 7 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
CONTENTS OF PROPOSAL
The consultant's information should be concise and may be supported by any exhibits
that demonstrate the firm's (team's) qualifications and experience in renovation or
construction of similar public transit transfer facilities and redevelopment of downtown
streetscapes. The information should address the following:
Credentials - Credentials of the architect/engineer/urban designer (team) that will be
directly involved in the project including, but not limited to:
a. Data and general qualifications for each firm;
b. Firm and each sub-consultant's profile, including:
i. Age of firm,
ii. Type of firm (e.g. partnership, professional corporation, etc.),
iii. Firm history,
iv. Firm size (professionals by discipline),
v. Areas of specialty/concentration, and
vi. Telephone number and fax number;
c. Description of the team:
i. Identification of the primary point of contact for the team,
ii. Identification of key personnel for respondent and sub-consultants to be
assigned to the project, and
iii. Organizational chart illustrating reporting lines and names and titles for
key participants proposed by the respondent and each sub-consultant, if
applicable;
d. Resumes for each key individual on the team and definition of that person's role
for the subject project;
e. A list of related projects and clients that may be contacted for additional
information;
f A description of the procedure in which the team will work with City and DCTA
staff;
g. A description of how the team will accomplish the project specifically designing a
project in coordination with the City of Denton Downtown Master plan including
Transit Oriented Development opportunities.
h. Include anticipated percentages of time that each key team member will allocate
to the project, for each phase;
i. Show an outline schedule for goals to be achieved;
j. Discuss the proposed team organization and communication. Be specific with
regard to internal and external communication, quality control, and individual
responsibilities;
k. State, in your own words, what you believe to be the pertinent considerations and
challenges that must be addressed;
1. Provide a statement of projected deliverables: reports, models, traditional and
computer generated graphics, data collection and display, etc.;
Page 8 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SELECTION PROCESS
1. Receipt of Proposals
One original copy signed by an officer authorized to bind the company and five
additional copies of the completed proposal must be submitted on or before DATES
April 17, 2008 2:00 p.m. to:
City of Denton
Purchasing Department
901-B Texas Street
Denton, TX 76209
Attn: Tom Shaw, Purchasing Agent
The envelope containing the proposal shall be sealed and bear the name and address of
the Proposer and shall be plainly marked as follows:
SEALED PROPOSAL FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR
DESIGN FOR DOWNTOWN DENTON TRANSIT CENTER
Proposals received after 2:00 P.M. on April 17, 2008, will not be considered and
any proposal received after the scheduled closing time shall be returned to the
proposer unopened.
Questions concerning issues related to this proposal should be directed to Mark
Nelson at 940.349.7702.
2. Proposal Withdrawal
No proposal may be withdrawn after having been formally opened by the City of Denton.
3. Legal Disputes
Proposer agrees and stipulates that in the event any litigation should occur concerning or
arising out of any proposals submitted in response to a Request for Proposal the sole
venue of any such legal action shall be in Denton County Texas.
4. City and Licenses
Firm must be licensed by the State of Texas. Any and all fees and taxes are the
responsibility of the offeror.
5. Rejection of Proposals
The City of Denton reserves the right to:
1. Reject any and all proposals, and
2. Issue subsequent Requests for Proposal.
Page 9 of22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SELECTION PROCESS (Continued):
6. Proposer Responsibility - Proposal Costs
It is to be understood and agreed by offeror that this Request for Proposal does not
obligate the City of Denton to pay any costs incurred by offeror in the preparation and
submission of a proposal, or oral interview.
7. Proposals - Public Information
After evaluation and Award by the City of Denton, the unsuccessful offeror(s) may
request a debriefing regarding their proposal. Please contact Mark Nelson at
940.349.7702.
8. Proposal Format
Telecopy/Electronic (facsimile) proposals will not be accepted by the City of Denton.
9. Equal Opportunity/Affirmative Action
All Equal Employment laws apply to this project.
10. Standard Requirements
Any resulting contract will be subject to the standard requirements, terms and conditions
of the City of Denton covering such contracts. An official and signed copy of the
contract requirements (Agreement) will be furnished to the firm awarded this contract.
Attached is the City of Denton's Standard Agreement. Any objection or modifications to
the Agreement, other than the information needed to consummate it, need to be addressed
in the proposal. The City of Denton reserves the right to consider these objections or
modifications.
11. Sub-Consultants
The City of Denton reserves the right to approve any sub-consultants proposed for work
under this proposal.
12. Cancellation
The City of Denton reserves the right to cancel the contract if the services provided are
not meeting the City of Denton's needs. Notification will be provided in writing.
Payment will only be provided on those services that are performed prior to possible
cancellation of the contract.
13. Basis of Proposal Comparison - Ranking Criteria
Proposals will be evaluated by an evaluation panel. The Evaluation panel shall rate all
qualified proposers on a scale of 0-10 in each category and the resultant scores will`be
multiplied by category weight. All scores shall be summed, with a maximum of 100
possible points, in order to rank applicant proposals. The City of Denton shall notify
applicants of results and begin negotiation with the highest rank applicants.
Page 10 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SELECTION PROCESS (Continued):
Proposals will be compared/evaluated on the basis of the following:
Weight
Criteria
2.5
Experience & technical capacity of firm relevant to project
1.0
Experience of designated project manager
1.5
Success of similar past pajects
0.5
Local availability of project team
1.0
Technical capacity of personnel assigned to project
1.0
Proposed schedule for completing all tasks identified in Scope
of Services
1.0
Experience with Transit Oriented Development
1.5
Quality of conceptual design for site
14. Evaluation Panel
Evaluation panel shall be composed of three (3) members appointed from the City of
Denton and two (2) members appointed by the Denton County Transportation Authority.
The evaluation panel will conduct interviews and will make the final selection.
15. Method of Award
a. Following the deadline for receipt of proposals, all proposals submitted will be
analyzed and reviewed by Owner. The Owner reserves the right not to accept any
proposal, or to reject any or all proposals and to waive defects or irregularities in
any proposal, at its discretion. The Owner will select the Proposer, who at the
sole discretion of the Owner and will then have the right to negotiate a contract
based on all factors involved in the proposal.
b. After selection, the successful Proposer and the Owner will then negotiate and
complete all necessary documentation and contracts. During contract
development and negotiation, the successful Proposer shall not contact any Owner
official except the individual designated to act on the Owner's behalf during this
process. If a successful agreement cannot be reached with the first selected
Proposer, the Owner will then negotiate with the next Proposer and continue this
process until an acceptable agreement is reached.
16. Further Information
The City of Denton has the option to request that a firm provide further information in
order to complete the evaluation.
Page I I of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
SELECTION PROCESS (Continued):
17. Contracting
The selected fine will be offered a contract (with possible extensions for future phases, if
applicable) although the City of Denton reserves the right to select other finns for future
phases.
18. Notification
All proposers will be notified of the firm selected to perform the requested work, upon
final determination by the City of Denton.
Page 12 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
1. ENERGY CONSERVATION REOUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Energy Conservation - The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
2. CLEAN WATER REQUIREMENTS
33 U.S.C.1251
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
3. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Access to Records - The following access to records requirements apply to this Contract:
1. The Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which arc directly pertinent to this contract for
the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees,
pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives
including any PMO Contractor access to Contractor's records and construction sites pertaining to
a major capital project, defined at 49 U.S.C. 5302(a)I, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5,309 or 5311.
Page 13 of22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
3. ACCESS TO RECORDS AND REPORTS (Continued)
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
2. Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of
the United States or any of their duly authorized representatives with access to any books,
documents, papers and record of the Contractor which arc directly pertinent to this contract for
the purposes of making audits, examinations, excerpts and transcriptions.
3. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
4. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of
this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(1 1).
5. FTA does not require the inclusion of these requirements in subcontracts
4. FEDERAL CHANGES
.49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so comply
shall constitute a material breach of this contract.
5. CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et sue. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
Page 14 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
5. CLEAN AIR (Continued)
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
6. RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
7. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not a
party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
Page 15 of 22
RFSP 4014- ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition
to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification,
the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontractor who will be subject to the provisions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
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9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment (Continued):
By signing and submitting its bid or proposal, the bidder or proposer certifies as
follows:
The certification in this clause is a material representation of fact relied upon by
City of Denton. If it is later determined that the bidder or proposer knowingly
rendered an erroneous certification, in addition to remedies available to City of
Denton, the Federal Government may pursue available remedies, including but
not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 49 CFR 29, Subpart C while this offer is valid
and throughout the period of any contract that may arise from this offer. The
bidder or proposer further agrees to include a provision requiring such compliance
in its lower tier covered transactions.
10. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623,42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against
any employee or applicant for employment because of race, color, creed, national origin, sex,
age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sue.,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
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Civil Rights (Continued) - The following requirements apply to the underlying contract
(a) Race, Color, Creed, National Origin, Sex (continued):
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
IL DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The City of Denton goal on the project will be 13% which is commensurate to
DCTA's procurement policy. A separate contract goal has not been established for this
procurement.
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11. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Disadvantaged Business Enterprises (Continued):
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor
to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as City of Denton deems appropriate. Each
subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the City of Denton. In addition, the contractor is required to return
any retainage payments to those subcontractors within 30 days after incremental acceptance of
the subcontractor's work by the City of Denton and contractor's receipt of the partial retainage
payment related to the subcontractor's work.
c. The contractor must promptly notify City of Denton, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may not terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of the City of
Denton.
12. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1 E
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in ETA Circular 4220.1 E, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all ETA mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Agreement. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any City of Denton requests
which would cause (name of grantee) to be in violation of the ETA terms and conditions.
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13. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed,
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of Denton shall upon
its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (1) through (4) of this section.
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14. LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.1 - Contractors who apply or
bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) if any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, el seq.)]
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14. LOBBYING (Continued):
31 U.S.C.1352
49 CFR Part 19
49 CFR Part 20
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(I)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $ 100,000 for each such expenditure or
failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, of seg., apply to this certification and
disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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