____" 􀁾􀀬...... _______. __ 􀁾􀀢􀁟􀁫􀁟􀀧􀀭􀀮􀀮􀁴􀀮􀀠_.__. ______ •. J TO THE COUNTY TREASURER OF THE COUNTY OF DALLAS STATE OF TEXAS NO. 406531 􀁾􀀠;-,,\ )'. /it 􀁾􀀠􀁾􀀮􀀠, .) MO. ./', ./OAY YR" 􀁾􀀱􀀴􀀠'2 ,f\\Y , 􀁾􀁟􀀠OOL..LAAS I aNTS $' ......,...􀀲􀀳􀁩􀀱􀀮􀀵􀀳􀁾􀀧􀀠65 D Allowed by Commlssloners Court 􀀺􀀭􀀧􀁣􀀺􀁅􀀮􀀢􀁃􀀢􀁌􀀬􀁾􀀢􀀢􀀢􀁡􀀳􀀮􀁾􀀳􀀧􀀺􀁄􀀮􀁌􀀢􀀧􀀧􀀧􀁓􀀻􀀧􀀧􀁄􀀺� �65· C".lS . . '" .. ,-'f. '/' , Atteat EARL BULLOCK. County Clerk ,':, ttal':3"'1 􀁾􀀱􀀠-. 􀁾􀀠􀀮􀁾􀁯􀁾􀁳􀁾􀁾􀀮􀀠􀀱􀀺􀁾􀁾􀁾􀁾􀁏􀁾􀁾􀁏􀁬􀁬􀀺􀀠􀁾􀁃􀁪􀁃􀁪􀀠􀁾􀀠􀁾􀀠􀁾􀁉􀁉􀀧􀀠; . 1 r , 4"/-.000 _ sti':J/.::> 􀀭􀁾5",,23 -D...:c.,406531 CHECK NO. 4065 31 I REQ. DISENCUMBER AMOUNTI NUN!. INQurRlES REQAflOINt'3 THIS PAYMENT SHOUI.O BE OIRECTED ro, '.00, 23053.6!!5 DAlLAS COUNTY AUDI'R:m. 407 hECOhDS BLDG,. DALLAS, TEXAS, PHONE: 653-7221 • ACCT. NO, DATE : DEPT. EXP. MO. OA. YR, 􀁾􀀮􀁾􀀠831 ;II n 9. • • ---􀁾1M. 0011 o ---" " i~, ~, T••• OF'.DDJ&O. P·8·80X:144 , •••1150'-. TX. " ••01 • ", TOTAL NON-NEGOTIABLE 2305:h6S I \ ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants May 14, 1992 Mr. Ron Olson Southern Pacific ll-ansportation 913 Franklin Avenue P.O. Box 1319 Houston, Texas 77251 EH&A Proposal No. 91-0934 RE: Proposed ll-ack Realignment, TCC 598.46 Addison, Texas File: 323.1 Dear Mr. Olson: Thank you for your cooperation in obtaining approval for the proposed track realignment at Addison Road immediately north of Arapaho Road in the Town of Addison. We have been authorized by the Thwn of Addison to prepare construction documents for this work which we anticipate will be bid in about three (3) months. At your request we will oontact Mr. Lee Aloola prior to the oonstruction to arrange for a flagman .. Please contact me if you need any additional information. Bruce Grantham BG:jkn cc: 13800 Montfort Drive· Suite 230 • Dalias, Texas 75240 • (214) 387·0771 • FAX (214) 387-9714 􀁾􀁕􀁓􀁔􀁾􀁾􀀠􀁐􀁾􀁖􀁉􀁎􀁇􀀠CO. JOB NO. IS' 3 'Z_ AREA OPERATION eREi'! 􀀭􀀭􀁾......... -----r-----;;; l(7)TtJsT vll/.!"fi£5 􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁉􀀭􀀭 􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀁉􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁩􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀁾􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀁾􀁉􀀠'510MAL h.OoPS 11---,----------·---'7 1_--------1-------1----1----+ ----1---+----1,1-----.,----1----1.......__1____1____1----11_---1---_1 􀀱􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁾􀁾􀀭􀁾􀀭􀀭􀀱􀀭􀀭􀀭􀀭􀀱􀁾􀀭􀁾􀀭􀀭􀀭􀀱􀀭􀀭􀀱􀀽􀀽􀀱􀀭􀀭􀀭􀀱􀀭􀀭􀀭􀀭􀀱􀀭􀀭􀀭􀀭􀀱􀁾􀀱􀁾􀁾􀀠􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁟􀀱� �􀀭􀀭􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀁜􀀭􀀭􀀭􀀭􀀭􀁦􀀭􀀭􀁟􀁟􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀁉􀀭􀀭􀀭􀀭􀁩􀀭􀀭􀀭􀀭􀀭􀁉􀀬􀁉􀁟􀀭􀀭􀂷􀁉􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀱􀀭􀀭􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀮􀀭--l 1----------+-........-·---1- ----1----+---1_---1----1----1----11..---1----,--\----1------11---+----11 I􀀬􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀂷􀁾􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁟􀁟􀁉􀀬􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁬􀁬􀀭􀀭􀀭􀀭􀀭􀂷􀀡􀀭􀀭􀀭􀀭􀁩􀀭􀀭􀀭􀁉􀀭􀀭� �􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀂷􀀭􀀭􀁩􀀭􀀭􀀭􀁪􀁲􀀭􀀭􀀴􀀭􀀭􀀭􀁾I i 􀁩􀁬􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁩􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁩􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀭􀁉􀁉􀀭􀀭􀀭􀀭􀀭 􀀬􀀭􀀭􀀭􀀭􀀭􀀭􀁬􀀬􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁬􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀁬􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀀭􀀭􀀭􀀭􀁉􀁩􀀡􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀀭􀀭􀀭􀀭􀁾􀁉􀀠 . ---. --'. -..:.-..' . . 􀀮􀀺􀁾􀀺􀀮􀀬􀀠. .-.. ..-. -. -::. PRO P 0 SED C HAN G E 0 R D E R )WNER: Town of Addison P.O. Box 144 Addison, Texas 75001 'ROJECT: Addison Road Milling & Overlay (P-1532) October 1, 1991 CHANGE ORDER NO. 2 DESCRIPTION OF CHANGE AND/OR EXTRA WORK, UNIT )ELETE: QUANTITY UNIT PRICE TOTAL 9. Manhole Adjustments 15.0 EA $700.00 ($10,500.00) lO. Valve Box & San Sewer AdjuBt. 68.0 EA $450.00 ($30,600.00) \DD: 9. Manhole Adjustments 15.0 EA $550.00 $8,250.00 lO. Valve Box & San Sewer Adjust. 68.0 EA $350.00 $23,800.00 Original Contract Amount ::: ·......... $168,718.90 This Change Order Amount ·......... ($9,050.00) Previous Change Order Amount ::: ·......... $2,375.00 Revised Contract Amount ::: ·......... $162,043.90 ,11 other items and conditions of our contract with yoU remain the same and ;his order is made a part thereof. :indly signify your acceptance and approval of this agreement by signing and 'eturning to us the enclosed copy. ,CCEPTED BY OWNER: AUSTIN PAVING COMPANY !y:::ga t,0W:2 ' -0 BY: 􀁾􀀺􀀠􀁾􀁾􀁣􀀼􀁩􀀡􀁾􀁾􀀠lATE: 􀀭􀀭􀀭􀀡􀀮􀀱􀀭􀀧􀀢􀁏􀀧􀀢􀀧􀀭􀀭􀀭􀀭􀀭􀀢􀀧􀁏􀀢􀁟􀀭􀁟􀁊􀀮􀀮􀀮􀁌􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀁪􀁉􀁾􀀭􀀭􀀭Chief Estiltlator 2949 Stemmons, Suite 250 DallaB, Texas 75247 (214) 630-6110 ,ftP 􀁾􀀬􀀺􀀠(_: IJ U '--" r.: [! -.I ': H A 􀁩􀀧􀁾􀀠'.; C. 0 F,: 0 [ !! I Austin \ TOI;n Of Addlsor, P.O. BOX l4-'l Addlson, lexas 75001 PROJeCI: AddJ.son Road MlllJ.nq lx Over"lay ,. 􀁦􀀢􀁊􀀮􀂷􀀢􀀱􀁾􀀳􀀯􀀮􀀩􀀠IlATl: September 10. J991 CHANGt ORDFfI NU. J DESCRIPTION OF CHANGE AND/OR EXTRA WORK: UrHT ADD: QUANT ITY UNIT prUCf TOTAL Rem & Reo Curb" Gutter' ! 6Sk M1)() 95.0 L.F $2::,.OU $:1 , :)) S. OU Oriqinal Contract Amount .... ", .. _. $168, 􀁮􀁾􀀮􀀠9u This, Cilanqe Order' Amount 􀁾􀀠.. " . _ .. " ."" $:1,375.00 Previou::; Chanqe Order Amount = .. "." .. "" . $CI.OU Revlsed Contract Amount, 􀁾􀀠." --..... " $171.U93.90 All other 1tems and condltions ot our contract Wltil vou remain the same and 􀁴􀁨􀁵􀀧􀁾􀀠order is made u oa.rt thereot" Klndlv siqnify vour acceptance and aporoval ot th,S aqreement by Slqmnq and returninq to us the encJosed CODV. ACCEPTED BY OWNER: AUSTIN PAVING COMPANY BY 􀀺􀀽􀁴􀀳􀁾􀁯􀁾􀁜􀀮UL\-LU aD 􀁂􀁙􀀺􀁾􀁐􀁻􀀯􀁾􀁾􀀠Steve Vincent DATE: Conc rete Manage r 2949 􀁾􀁴􀁥􀁭􀁭􀁯􀁮􀁳􀀮􀀠SUlte 250 Dallas. Texas 75247 (214) 630-6110 , ER INC. TH, TEXAS BULATlON <>ATE: Sept_r 5, 1991 TIME: 2:00 p.m. SKEET , OF , 􀁾􀀠__ 9_9 ______ ._._._._._•• __ •• _._ •• __ ••􀁾􀁾􀀠•• ____ ._._•••• _. __ • ____ ._._. ___ 􀁾􀀮􀁟􀀮􀁟􀀮____ ._. ____ ._ •• _____ • _____ 􀁾􀀠______ 􀁾􀁾􀀺􀁾􀁾􀀺􀀺􀁾􀁾􀀭􀁾􀀺􀀺􀀭􀀺􀁾􀀺􀁉􀂷􀂷􀀭􀁾􀁾􀁾􀀺􀀭􀀺􀁾􀁾􀁾􀀺􀀺􀀺􀁾􀂷􀁾􀀺􀀭􀀭􀀭􀂷􀁉􀀭􀀭􀀭􀀺􀀺􀁾􀁾􀀭􀁾􀁾􀀺􀁾􀁾􀀺􀀺􀀺􀁾􀀭􀀺􀁾􀀺􀀭􀀮1ST AIOiNT I UN IT COST AMWJjT--.-_._ .._--------.1.00 $ '.00 $ •. 50 $ 1.60 • l.OO • l.OO $ l.35 1.25 •,. l.25 s 1.50 $ 5.00 $,.7.00 0.00 $ 8.00 $ 5.00 $ 0.00 $ 0.00 s 10.00 • 10.00 s 0.00 s 10.00 $ 10.00 $ 10.00 s lO.OO S lO.OO $ )0.00 •15.00 •35.00 •00.00 $ 90.00 • 52.00 $ 62.00 $ '00.00' 11.00" 1.00 $ 􀁾􀁾􀁾􀀺􀁾􀁾..􀁾$ 􀀭􀀭􀀭􀀭􀀭􀀮􀀭􀀭􀀭􀀭􀀭􀁾􀀮􀀭􀀭􀀮􀀭􀀮􀀭􀀮􀀭􀀮􀀭􀀭􀀭􀀭􀀭􀀮,. 30,000.00 2,500.00 5,005.00 $ 4.00,. 13,207.50 8.00 24,'45.60 [$ 3.00 30,000.00 ,. 30,000.00 ,. 1,298.00 30.00 91,029.60 $ 53.00 103,646,25 $ 6'.00 66,8'7.25 $ 76.00 242,951.50 $ 90.00 40.635.00 100.00 229,320.00 1$ 120.00 113,600.00 $ 150.00 235,850.00 $ 165.00 11,700.00 1$ 200.00 12,600_00 S 2,000.00r1,000.00750.00 2,500.008,000.00 r 22,500.00 $ 4,000.00 0.00 $ 0.00 23,400.00 • 6,000.007,800.00. $ 7,000.00 22,000.00 S 20,000.00 2,700.00 1$ 3,000.003,300.00 $ 3,200.00,. 5,200.00 5,000.0086,250.00 $ 570.00 84,085.00 s 540.00 12,000.00 s 7,000.00 18,720.00 $ 2.00 87,412.00 30.00• • 30,000.00 2,860.00•,. 23,480.00• 45,273.00 • 30,000.00 $ 1,770.00 "9,568.00,.• '36,701.00,. 84,284.00,. 268,290.00,. 38,700.00 $ 187,200.00$ ,. 106,500.00 218,625.00 $ 12,000.00 $ 66,000.00 $ 1,000.00 • 5,000.00 • 20,000.00 S 0.00 s 36,000.00 S 14,000_00 20,000.00• 3,000.00• 3,200.00•$ 5,000.00 $ 142,500.00• 135,540.00 S 14,000.00 416.00• $ 50,430.00 21,080.00 $ 40.00. 13,600.00 UN IT COST AAWNT ------------------.-_._._-_.• 600.00 s $ 11.60 $ S 12.00 $,. 1.90 $ $ 29,000.00 $ S 19.00 $ 51.00 $•,. 58.00 $,. ,. 78.00 $ 92.00 $ $ 121.00 $ $ '44.00 $,. 172.00 $ $ 200.00 $ $ 220.00 $ $ 3,100.00 $IS 2,600.00 $ $ 3,500.00 $ ,. 7,400.00 $ $ 0.00 $ $ 4,600.00 •$ 5,100.00 $ $ 20,600.00 $ $ 3,800.00 •S 4,200.00 $ $ $ 6,600.00 $, 480.00 $ S 477.00 S $ 3,9Fact to 􀁲􀁥􀁰􀁦􀁥􀁾􀁥􀁮􀁴􀀠and aCl for and on behalf of the Company to execute bonds. undertakings, recognizances and 􀁯􀁴􀁨􀁥􀁾􀀠contracts of indemnity and writings obljgatory in the nature thereof. and 10 attach thereto (he corporate seal of the Company. in the transaction 01 tts surety business; "RESOLVED, thal the signatures and attestations 01 such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating 􀁴􀁨􀁥􀁲􀁥􀁾􀁯􀀠by facsimile. and any such Power of Attorney or certiHcate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond. undertaking. recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such AttorneY"IO·Fact delivering a secretarial certification that the foregoing 􀁲􀁥􀁳􀁯􀁬􀁵􀁴􀁩􀁯􀁮􀁾􀀠'Still be in effect may insert in such certification the date thereor. said date to be not later than the date of delivery thereof by such 􀁁􀁴􀁴􀁯􀁲􀁮􀁥􀁹􀂷􀁩􀁮􀁾􀁦􀁡􀁣􀁴􀂷􀀧􀀠I, Maureen P. Tully, Secretary of The I nsurance Company of the State of Pennsylvan ia, do hereby certify that the foregoing excerpts of a Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct. and that both the Resolution and the Power of Attorney are in full force and effect IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of the corporation this 19th day of 􀁟􀀭􀀢􀁆􀀭􀀢􀀬􀁥􀀢􀁢􀁲􀁵􀁡􀁲􀁹􀀢􀀢􀀢􀀬􀁾􀀬􀀭􀀭􀀭__, 19.92.. 23236 (91851 OWNERCONTRACTOR'S ARCHITECT 8 CONTRACTORAFFIDAVIT OF o SURETY r'7 RELEASE OF LIENS OTHER o ( AlA DOCUMENT G70M TO (Owner) ARCHITECT'S PROJECT NO: 91009 I I CONTRACT FOR: Addison Road and KellerTown of Addison Spri ngs Road 1·1i 11 i ng5300 Beltline Road and HMAC OverlayAddison, Tx. 75240 .J CONTRACT DATE: L PROJECT: Addison Road and Keller Springs Road 􀁾􀁬􀁩􀁬􀁬􀁩􀁮􀁧􀀠and HNAC Overlay (name, address) Addi son, Texas State of: T􀁾􀁸􀁡􀁳􀀠County of: Oa 11 as The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction. AlA Document A201, hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, aU Subcontractors. all suppliers of materials and equipment, and aH performers of Work. labor or services who have or may have liens against any property of the Owner ariSing in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None", If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) (, NONE SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: AUSTIN PAVING COMPANY 1. Contractor's Release Or Waiver of Liens, conditional upon receipt of final payment 2. Separate Releases or Waivers of liens from SubAdd;S:'/:.O. BOX 1590 DALLAS, TEXAS 75221 contractors and material and equipment suppliers, to the extent required by the Owner, 􀁡􀁣􀁾􀀠companied by a list thereof. By:WJ eMJ'17 WILLIAM J. NEESE, JR. 'Vf./.'-._PRESIDEm 􀀧􀁏􀁾􀀠,(mrulli:! !illI!O/X3 NOISSli'mO J.W SIIIIIOW 'Q lIlIlli AlA DOCUMENT GiO£A • CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS' APRil 1970 EDITION· AIA® :D 1970· THE AMERICAN {NSTITUTE OF ARCHITECTS. 1735 NEW 􀁙􀁏􀁒􀁾􀀠AVE., NW, WASHINGTON, D.C. 20006 ONE PAGE PRECONSTRUCTION MEETING AGENDA FOR ADDISON ROAD/KELLER SPRINGS ROAD REHABILITATION AUGUST 22, 1991 1. Welcome 2. Introduction 3. Project Schedule 4. Responsible Parties 5. Subcontractors 6. Keep the Town informed of potential problems. 7. High visibility project with significant public impact. 8. Pay Applications/Final Acceptance 9. Other Business 10. Thank everyone for attending. PRECONSTRUCTION MEETING SIGN-IN SREET FOR ADDISON ROAD/KELLER SPRINGS ROAD REHABILITATION AUGUST 22, 1991 ADDISON SERVICE CENTER CONFERENCE ROOM NAME FIRM NAME PRONE t 􀁤􀁰􀀮􀁊􀀭􀂫􀁾􀀭􀁬􀁣􀁷􀀬􀀺􀁲􀀠� �􀀤􀀷􀁾􀀳􀀳􀁉􀁓/()A/e Slcti 􀁾􀁳􀀠􀀯􀁬􀁶􀁆􀀭􀁲􀂷􀁾􀀠􀁤􀀮􀀧􀀱􀁉􀁾􀀠􀁺􀀷􀁾􀀱It< ,7 􀀻􀀮􀁉􀀧􀁾􀀯􀀵􀀠/0<.<) N (//' 􀀮􀁦􀀬􀀯􀁴􀀺􀁊􀁤􀀯􀀮􀁳􀁾􀁲􀁊􀀠􀁦􀀵􀀢􀀧􀀷􀀲􀀿􀁾􀀷􀀠(fa 6IN ;JoNl'£j 1£ IZI?-j -rIcS /;J 􀀯􀁾􀀠hc 􀁃􀀯􀀭􀁾􀀠Ey/NlUI 􀀮􀁱􀀧􀀼􀁯􀁾􀁚􀁂􀀸􀀶􀀠uA72-, S?3 􀀭􀁥􀀹􀁾􀀳􀀠 ADDISON AND KELLER SPRINGS STREET INVENTORY ADDISON ROAD -Approximately 62,000 square yards of asphalt MARKINGS 2902 -small yellow, no reflector 968 -small yellow, double reflector (two way) 4460 -small white, no reflector 446 -small white. with reflector UTILITY ADJUSTNENT 2 .. valves betlVeen Belt Line and Keller Springs Rds. :30 valves between Keller Springs Road and city limits 10 manholes between Belt Line and Keller Springs Rds. 6 manholes' between Keller Springs Rd. and city limits 2 sewer c.o. between Belt Line and Keller Springs Rds. TRANSVERSE CRACKS (MAJOR) 112 total full width KELLER SPRINGS -Approximately 13,000 square yards of asphalt HARKINGS 1140 -small white, no reflector 114 -small white, with reflector 714 -small yellow, no reflector 236 -small yello", , double reflector (two way) UTILITY ADJUSTNENT 12 valves to adjust :, manholes TRANSVERSE CRACKS (MAJOR) 29 total full width INTERSECTION MARKINGS LINDBERG/ADDISON AIRPORT/ADDISON KELLER, SPGS/ADDISON ;3 arrows 4 arrows 4 arrows 'f RXR's 8 8 stop bars 10 stop bars 2 crosswalks 9 small Hhite buttons 2 stop bars 21 big 2 way reflector WESTQROVE/ADDISON SOJOURN/ADDISON 44 left turn small 13 small white (8 reflector, all white) 2 arrows 10 stop bars 10 stop bars <1 arrOl":S 32 small yellow (with reflectorl KEl.l:.ER SPRINGS/QUORUM 10 stop bars BELT LINE ROAD STREET INVENTORY Belt Line Road from Marsh Lane to Midway Road Pavement -40,000 square yards Buttons -202 large white with reflector 476 small white with reflector 2380 small white no reflector Joints -52,000 linear feet (estimated) Markings -300 linear feet of stop bar Belt Line Road from Midway Road to Dallas Parkway Pavement -37,000 square yards Buttons -245· large white with reflector 456 small white with reflector 2280 small white no reflector Joints -51,044 linear feet (estimated) Markings -408 linear feet of stop bar 6 railroad crossings MIDWAY ROAD STREET INVENTORY Midway Road from Belt Line Road to Keller Springs Road Pavement -45,868 square yards Buttons -234 large white with reflector 516 small white with reflector 2580 small white no reflector Joints -33474 linear feet (estimated) Markings -6 railroad crossing 90 linear feet of stop bar (not including Belt Line intersection) Midway Road from Spring Valley Road to Belt Line Road Pavement -43,500 square yards Buttons -184 large white with reflector 449 small white with reflector 2245 small white no reflector Joints -50,000 linear feet (estimated) Markings -275 linear feet of stop bar (not including Belt Line Road or Greenhill School) FINANCE DEPARTMENT (214) 450-7051 􀀻􀀧􀁾􀁾􀁾􀁾􀁾􀁾􀀳􀀡􀀮􀀮􀀭􀀮􀁅􀁾􀁾􀀺􀁾􀁾􀂥􀀠􀁊􀁩􀁾􀀠Post Office Box 144 Addison, TexBs75001 5350 Belt Ljne Road August 16, 1991 Mr. J. Barry Clark Austin Paving Co. 2949 stemmons, Suite 250 Dallas, Texas 75247 RE: NOTICE OF AWARD Addison Road and Keller Springs Road Hilling and Overlay Dear Barry: As we discussed over the phone, the City Council passed a resolution Tuesday night awarding the above named contract to your company. Receipt of this document authorizes your company to provide all lahor and materials as outlined in the specifications, and under the terms and conditions of the contract documents for the subject project. Enclosed please find three completed copies of the contract to be signed by an authorized officer or principal of your firm. Also enclosed is a tax exemption certificate. Please return the signed contracts with bonds and Insurance certificates as called for in the specifications within days from the date of thi5 letter. One copy, signed by Manager will be returned to you for your records. ten the (10) City If you please have any questions or if contact me at 450-7090. r can be of assistance to you, Sincerely, C?i.':I$ 􀁡􀀭􀁻􀀻􀁾􀀱􀀭􀀼􀀯􀀭􀁫􀀧􀀺􀀾􀀷􀀭􀀭􀁃􀀠clytie JlhnSon PURCHASING AGENT Enclosures TOWN OF ADDISON, TEXAS CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this the_____,day of 􀁾􀁁􀀽􀁟􀁵􀁧􀀢􀀧􀁕􀀽􀁟􀁳􀁴􀀧􀀭􀀭􀀭􀀭_____, 19..,:9,,-1__, by and between the TOWN OF ADDISON, a municipal corporation located in the County of Dallas, State of Texas, hereinafter termed "Owner," and Austin Po.inG Company of the County Of________􀁾􀁄􀁾􀁡􀁾􀁬􀁬􀁾􀁡􀁾􀁳________ Texas, hereinafter termed "Contractor." In consideration of the mutual covenants herein contained, the Owner and Contractor agree as follows: 1. Contractor shall perform the following described work: Furnishing labor, equipment and materials to perform all utility adjustments, traffic control, and permanent/temporary pavement markings required in the Addison Road and Keller Springs Road Milling and Overlay Project. Work is to be performed at Addison Road and Keller Springs Road, Addison, Texas. 2. Contractor shall perform the Work in accordance with the Contract plans and specifications set forth in Owner's bid request, together with any any addenda or modifications thereto and Contractor's response to such bid request, all of which are hereinafter termed "Contract Documents." This agreement, the Contract Documents, executed Performance Bond, Payment Bond, Maintenance Bond, and Certificate of Insurance, all 'f which are attached hereto and made a part hereof, shall collectively widence and constitute the entire agreement between Owner and Contractor. 3. The parties hereto intend that the documents include provisions for a11 1abor, mater i a 15, equ ipment. supp1ies and other iterns necessary for the execution and completion of the Work and all terms and conditions of payment. 4. Contractor hereby agrees to commence the Work within 10 days after the date of written notice to do so shall have been given to him and shall complete the Work when required to accommodate the Milling and Paving operations. Permanent pavement markings and vehicle detector loops shall be installed within 30 Calendar Days of the completion of the overlay by Dallas Coun ty. Addison Road and Keller Springs Road Milling & HMAC Overlay The primary emphasis of this project is to mi 11 and resurface Addison Road and Keller Springs Road. This Resurfacing is intended to accomplish the following: 1. Level the roadway to improve safety and ride. 2. Re-establish the crown and eliminate the rutting at the lip of the gutter to enhance the drainage and prevent hydroplaning. 3. Re-establ ish the surface to enhance the skid resistance and improve safety. 4. Seal the cracks to prevent moisture from penetrating and reducing the life of the roadway. This project includes utility adjustments, traffic control, and temporary/permanent pavement marking associated with the milling and resurfacing operation. Anticipated start date of this project is August 26, 1991. utility adjustments will begin at that time with milling and resurfacing beginning around the the middle of September. Total contract time is 90 days. 􀀧􀁊􀀡􀁵􀁾􀀼􀀭􀀭􀀭􀁌􀀠 r;v'l ?elJ/e 7 efl Addison Road and Keller Springs Road Milling & HMAC Overlay The primary emphasis of this project is to mill and resurface Addison Road and Keller Springs Road. This Resurfacing is intended to accomplish the folloWing: 1. Level the roadway to improve safety and ride. 2. Re-establish the crown and eliminate the rutting at the lip of the gutter to enhance the drainage and prevent hydroplaning. 3. Re-establish the surface to enhance the skid resistance and improve safety. 4. Seal the cracks to prevent moisture from penetrating and reducing the life of the roadway. This project includes utility adjustments, traffic control, and temporary/permanent pavement marking associated with the milling and resurfacing operation. Anticipated start date of this project is August 26, 1991. utility adjustments will begin at that time with milling and resurfacing beginning around the the middle of September. Total contract time is 90 days. TOWN OF ADDISON REQUEST FOR FILING AGENDA ITEM AGENDA DATE REQUESTED August 13, 1991 DATE SUBMITTED TO CITY MANAGER"S OFFICE August 6, 1991 AGENDA ITEM RE QUESTED 􀀭􀀭􀁲􀀽􀀭􀀺􀀭􀀺􀀭􀀺􀀭􀀺􀀭􀀽􀀽􀀺􀀺􀀭 􀀺􀀺􀀭􀀧􀀺􀀺􀀭􀀭􀀭􀁔􀁾􀀽􀀮􀀮􀀭􀀺􀁲􀀭􀀽􀀭􀀺􀀺􀀭􀀺􀀭􀁃􀀢􀀢􀀢􀀢􀀧􀀺􀀭􀀺􀀺􀀭􀀺􀀺􀀺􀀭􀀺􀀺􀀭􀀺􀀺􀁃􀁌􀁔􀀺􀀢􀀺􀀺􀀭􀁲􀀭􀀭􀀭􀂭(Show wording as it should appear for posting) Council Award from Bids for Addison Road & Keller Springs Rd.-----"= Milling & HMAC Overlay FUNDING REQUIRED __$:...:1_8_8:....,7_1_8_.9_0_____ ACCT. NO./NAME 41-000-58210-00523 AMOUNT BUDGETED OVER BUDGET YES NO ATTACHMENTS: 1. Memo-Clyde Johnson 2. Bid Tabulation Form 3. Memo-John Baumgartner 4. _______________________________________________________ REQUESTED BY 􀀭􀀬􀁾􀁾􀁾􀁤􀁾􀁾􀁾􀀭􀀽􀀺􀀺􀁟􀀮􀀺􀁟􀀬� �􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀂭 mNANCEDEPARTMENT Post OffIce Box 144 Addison, Texas 75001 (214) 4S().7051 FAX (214) 38Ml938 5350 Bel, Line Rood MEMORANDUM To: Ron Whitehead, City Manager From: Clyde T. Johnson, Purchasing Agent C¥ Date: August 8, 1991 Subject: Councll Award from Bids for Addison Road & Keller Springs Road Milling & HMAC Overlay. SUMMARY: Council award is requested for the purchase of Addison Road & Keller Springs Road Milling & HMAC Overlay for the Streets Department. BACKGROUND: Five bid invitations were picked up, and two vendors returned bid torms. Bids were opened on August 2, 1991, and a summary of the bid opening is attached in the form ot a "Bid Tabulation". FINANCIAL IMPACT: Sufficient tunds are available in the Streets Capital Improvements Fund and the recommended expenditure is , 188,118.90, whlch includes a '20,000.00 contingency fund. RECOMMENDATION: Staff recommends that the council award the bid to AusUn Paving Company for Addison Road & Keller Springs Road Milling &. HMAC Overlay. Austin Paving Company suhmltted the low bid that meets specifications. 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T=.7SOOt 16801 WeslgfO'Ye MEMORANDUM August 2, 1991 To: Clyde Johnson, Purchasing Agent f,ft From: John Baumgartner, City Engineer!-g.z; 11 RE: Addison Road/Keller Springs Rehabilitation This project consists of utility adjustment, traffic control and temporary/permanent pavement markings work required in the construction of Addison Road and Keller Springs Road Milling and Overlay. The Engineering department recommends awarding the contract to the lowest qualified bidder, Austin Paving for $168,718.90 contingent upon the Contractor supplying the required bonds and insurance. Funding for this project is available in the Capital Street fund. The attached table outlines the costs anticipated for this project. If you have any questions, please call me. /rp cc: Robin Jones, Director of Streets Randy Moravec, Finance Director COST PROJECTION FOR ADDISON ROAD/KELLER SPRINGS REHABILITATION August 2, 1991 MILLING AND OVERLAY -Town -County TRAFFIC CONTROL, UTILITY ADJUSTMENTS, AND PAVEMENT MARKINGS INSPECTION PROJECT ADMINISTRATION CONTINGENCY TOTAL Town's Share County Share $147,562.06 $147,562.06 $168,718.90 STAFF STAFF $ 20,000.00 $483,843.02 $336,280.96 $147,562.06 DALLAS COUNTY ROAD & BRIDGE DISTRICT NO.1 SERVICE CENTER August 6, 1991 Mr. Robin Jones Director of Streets Town of Addison P. O. Box 144 Addison, Texas 75011 Dear Mr. Jones: In our telephone conversation of 8/5/91, you asked if Dallas County District 1 could fund 50% of the construction cost of the Addison Road and Spring Valley Road projects if county forces were not used to perform the work. 50% participation if county forces were not used would be highly unlikely, as the district's operations are based upon the utilization of county personnel and equipment. You also asked that 1 address the price per square yard difference between the county's and the contractor's estimates. I'm sure that the contractor could mill the projects for the $0.83 per sq. yd. quote. The county's $1.00 per sq. yd. estimate, as you and I have discussed in the past, includes funding to cover unforeseen problems such as milling to 4 to 6 inch depths in areas where subgrade failures might be encountered. This might well have been an area unaccounted for in the contractor's estimate. Dallas County milled 53,174 sq. yds. to a depth of 3 to 4 inches for the City of Carrollton at an actual cost of $0.82 per sq. yd. 􀁜􀁾􀁥􀀠would likely be able to mill Addison and Spring Valley Roads to a depth of 1 to 1 1/2 inches for $0.60 per sq. yd. An important point to consider is the fact that the county only charges for the actual cost, with any remaining escrow funds returned to the city. 1 hope this letter serves to answer your questions. Please let me know if r can be of further help. Sincerely, 􀁦􀁦􀁤􀀯􀀻􀀻􀀨􀁾􀁉􀀯. ] Michael L. Sharp Supervisor MLS:so cc: Commissioner Jim Jackson 247-17352311 Joe Field Road Dallas, Texas 75229 r rt:;UI"1 I UW1"i ur HUU l.::>U 1 .j BID PROPOSAL FOR ADDISON ROAD AND KELLER SPRINGS ROAD MILLING AND OVERLAY FOR THE TOWN OF ADDISON, TEXAS (THIS PROPOSAL MUSr NOT BE REMOVED FROM THE CONTRACT DOCUMENTS) TO: TOWN or ADDISON 5300 Beltline Addison, TX 75001 FOR: ADDISON ROAD AND KELLER SPRINGS ROAD MILLING AND OVERLAY Pursuant to the toregoing "Notice to Bidders" the undersigned bidder, having thoroughly examined the Contract Documents. the site of the project and understanding the amount of work to be done and the prevai ling condit ions, hereby proposes to fu i 1y comp Iete a 11 of the work and requi rements as provided in the plans and Concract Documents and binds himself upon acceptance of this proposal to execute a contract and furnish such bonds as required and proposes to complete the work within the Lime <;'C.3ted and for the fol10wirlY 􀁰􀁲􀁩􀁾􀁥􀁳􀀻􀀠-_.----"----.---------, 􀁾􀀮􀀠--Item Estimated Name of Pay Item With Un; t ') 'J 􀁾􀀮􀁾􀀠􀁑􀁵􀁡􀁮􀁴􀁩􀁬􀁬􀀮􀀮􀁾􀁮􀁴􀁴􀀠Jjnit.Bid Pric!Lj1LWordS 􀁟􀁾__ .__..cPr.ice Amount Bid 1. 1 I.S. 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The Engineering department recommends awarding the contract to the lowest qualified bidder, Austin Paving for $168,718.90 oontingent upon the Contractor supplying the required bonds and insurance. Funding for this project was is available in the Capital street fund. The attached table outlines the costs anticipated for this projeot. If you have any questions, please call me. /rp cc: Robin Jones, Director of streets Randy Moravec, Finance Director COST PROJECTION FOR ADDISON ROAD/KELLER SPRINGS REHABILITATION August 2, 1991 MILLING AND OVERLAY -Town $147,562.06 -county $147,562.06 TRAFFIC CONTROL, UTILITY AND PAVEMENT MARKINGS INSPECTION PROJECT ADMINISTRATION CONTINGENCY TOTAL Town's Share County share ADJUSTMENTS, $168,718.90 STAFF STAFF $ 20,000.00 $483,843.02 $336,280.96 $147,562.06 CITY ENGINEER'S OFFICE (214) 45()'2B86 Post Office Box 144 Addisoo, Teltlls 15001 16801 Westgrove MEMO RAN DUM May 6, 1991 To: Greg Dunham, Assistant City Man(7er From: John Baumgartner, City Engineerlfl1l RE: Town/County Agreement Addison Road and Keller Springs Road Rehabilitation Attached is a proposed agreement between the Town of Addison and Dallas County, which outlines the responsibilities of each entity regarding the refer,enced project. The primary emphasis of this project is to mi 11 and resurface Addison Road and Keller Springs Road. This resurfacing is intended to accomplish the following: 1. Level the roadway to improve safety and ride. 2. Re-establish the crown and,eliminate the rutting at the lip of the gutter to enhance the drainage and prevent hydroplaning. 3. Re-establish the surface to enhance the skid resistance and improve safety. 4. Seal the cracks to prevent moisture from penetrating and reducing the life of the roadway. It is estimated (see Exhibit "An) that the Town's share of the project will be $282,762.06 and Dallas County's $147,562.06, funds for this project are available in the Capital Street fund. Staff recommends this to Council for consideration. If you concur, please have Carmen place an item on the May 14, 1991 council agenda authorizing Ron to execute the agreement with Dallas County. JRB/rp Attachments cc: Randy Moravec, Finance Director Robin Jones, Street Director COST PROJECTION FOR ADDISON ROAD/KELLER SPRINGS ROAD REHABILITATION MAY 6, 1991 COUNTY PROVIDED IMPROVEMENTS 1. Milling 2. 2" H.M.A.C. 3. Tack 4. Haul 5. Inspection/Administration SUB-TOTAL County (50%) Town (50%) TOWN PROVIDED IMPROVEMENTS 6. Utility Adjustment 7. Traffic Control 8. Traffic Loop Replacement 9. Traffic Markings 10. Engineering 11. Materials Testing 12. contract Administration 13. Inspection 14. Contingency SUB-TOTAL Total Estimate Project Cost County Share Town Share $ 75,000.00 $199,897.00 $ 2,520.00 $ 1,550.00 $ 6,156.62 $295,124.12 $147,562.06 $147,562.06 $ 8,700.00 $ 25,000.00 $ 5,000.00 $ 45,000.00 $ 22,500.00 $ 5,000.00 STAFF STAFF $ 24,000.00 35,200.00 $430,324.12 $147,562.06 $282,762.06 EXHIBIT "A" STATE OF TEXAS X X COUNTY OF DALLAS X TOWN/COUNTY AGREEMENT WHEREAS, the Town of Addison, Texas, hereinafter called "Town" and the County of Dallas, hereinafter called the "County", want to enter into an agreement for the County to mill a depth of approximately 1 1/2" from approximately 75,000 square yards of existing asphalt and place 2" Type "D" Hot Mix Asphaltic Concrete Overlay on Addison Road, from Belt Line Road to the City limits and Keller Springs Road from the North Dallas Tollway to Addison Road. These are Type "B" streets. WHEREAS, Article 4413 32c) , Vernon's Annotated Civil Statutes provides authorization contracts; for local governments to enter into NOW, THEREFORE, THIS MEMORANentered into bv Town and consideration stated herein: DUM OF County AGREEMENT is upon and hereby for made the mand utual WITNESSETH: I. Town requests County to mill streets designated on Attachment "A". This includes the milling, hauling, detailing, sweeping and inspection at an estimated cost of $92,706.62. County's HMAC contractor is to place 2" of hot mix asphaltic concrete at an estimated cost of $202,417.50. Town is to place 50% of the cost of this work, or $147,562.06 into escrow with the County. In the event the construction costs exceed the estimated cost, Town and County may agree to reduce the scope of work. such agreement shall be in writing authorized in a manner as provided by law. II. The Town will contract separately for utility adjustments, traffic control, including temporary pavement markings, laboratory testing 􀁳􀁥􀁲􀁶􀁾􀁣􀁥􀁳􀀬􀀠replacement of the traffic loops, and replacement of the permanent traffic markings. The cost of these improvements, estimated at $136,000.00 will be paid for by the Town. III. The Town will inform the public that the work will be done. Town will arrange for the work described in paragraph II to be done, and coordinate same with County and County HMAC contractor. County will coordinate the work of the milling, testing and HMAC operations, and will provide an inspector for the mi 11 ing and overlay portion of the project. County to administer overlay on the street, utilizing the County's annual HMAC contract, and shall pay HMAC contractor for work on the project. IV. The County.shall at all times exercise reasonable precautions for the safety of employees and others on or near the work, and shall comply with all applicable provisions of federal, state, and municipal safety laws. The safety precautions actually taken and their adequacy shall be the sol. responsibility of the County. V. It is agreed that work will not start by the County until this Agreement has. been fully executed by the Town and the county. In addition, the County agrees to have the work completed by september 15, 1991. VI. The Town further agrees to indemnify and save harmless County from any liability or damages County may suffer as a result of claims, demands. costs. or judgements against County arising out of performance of the work and services under this agreement or arising from any accident, injury, or damage whatsoever, to any person or persons, or to the property of any person{s) or corporation{s) occurring during the performance of this agreement and on or about this project, except for any liability or damages caused by the negligence of the County, its agents, officers and/or employees. The Town of Addison, Texas has executed this Agreement pursuant to duly authorized City Council resolution, dated , 1991; the County has executed this Agreement pursuant to Commissioners Court order No. . on this day of , 1991. TOWN OF ADDISON COUNTY OF DALLAS BY: Ron 􀁗􀁨􀁩􀁌􀁥􀁮􀁥􀁾􀁵􀀠BY: Lee F. Jackson Ci ty Manager County Judge ATTACHMENT "A" ADDISON ROAD/KELLER SPRINGS REHABILITATION ESTIMATED COST OF CONSTRUCTION MAY 2, 1991 Addison Road, Belt Line Road To Addison City Limit Line l. Milling 62,000 SY @$ l.OO/SY $ 62,000.00" 2. 2" HMAC 6,820 Tons @24.23/Ton 165,248.60" 3. Tack 1, 860 Gal @l.12/Gal 2,083.20" 4. Ton Mile Haul 68,200 Ton Miles @O.l4/Ton Mile 9,548.00" 5. Administration 27.900 @0.1244 3,470.76" 6. Inspection 10 days @143.125/day & = 1,506.25 300 miles @0.25/mile SUBTOTAL " $243,856.81 Keller Springs Road. North Dallas Tollway to Addison Road 7. Milling 13,000 SY @$ 1.00/SY = $ 13.000.00 8. 2" HMAC . 1,430 Tons @24.23/Ton 34,648.90" 9. Tack 390 Gal @1.12/Gal 436.80" 10. Ton Mile Haul 14,300 Ton Miles @0.14/Ton Mile 2,002.00" 1l. Administration 5,850 @0.1244 727.74" 12. Inspection 3 Days @143.125 and 90 451.87" miles @0.25/mile SUBTOTAL $ 51,267.31" TOTAL $295,124.12" COUNTY PORTION (50%) $147,562.06" TOWN PORTION (50%) $147,562.06" COURT ORDER COUNTY AUDITOR "tC LC} 911272ORDER NO. JUL 3 01991 '2.0 DATE. JUL 3 01991 FUNDS AVAILABLE 􀁾􀀠􀁾\;:;l.c., STATE OF TEXAS COUNTY OF DALLAS BE IT REMEMBERED, at a regular meeting of the COmmissioners court of Dallas county, Texas, held on the 30th day of ________􀁾􀁊􀁾􀁬􀁵􀁬􀁾􀁬􀁹􀀿􀁟􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀬􀀠1991, on motion made by __ ......s ' ..JCgmd""'..􀁳􀀢􀀬􀁾􀀮􀀮􀀬􀂷o"'ner"-'o"'f D""i"'s;utri ct-..,jI!.,4"-_______, and seconded byChr:=.!:.=i2S_V,,-,-.-'S"'a!o..... ....obj's ...... ....... ........... _____􀁎􀁡􀁮􀁬􀁬􀀲􀁾􀁾􀁾􀁅􀁾•􀀮􀀮􀁊 􀁊􀁾􀀡􀁾􀁸􀁩􀁾􀁶􀁾􀀬􀀮􀀮􀁊􀁃􀁾􀁸􀁸􀁮􀁭􀁾􀁾􀁊􀁾􀂷􀁳􀁾􀁳􀁾􀁬􀁾􀂷􀁑􀁾􀁾􀁾􀁲􀁾􀁑􀁾􀁦􀁾􀁄􀁾􀁬􀁾􀂷􀁳􀀻􀁵􀁴􀀭􀀧􀁲􀁾􀁩...c...􀁴􀀭􀀮􀀮􀀬􀁪􀁉􀀡􀁾􀀲􀁾_________, the following was adopted. WHEREAS, the Town of Addiaion has requested the Commissioner of District No. 1 to perform the hot mix overlay on Addison Road from Belt Line Road to the City Limits and Keller Springs Road from the North Dallas Tollway to Addison Road. and WHEREAS, the estimated cost for the work is $295,124.121 and WHEREAS, the Town of Addison has escrowed $147,562.06 in Escrow Fund 120-842-913-7 for 50% of the cost of the work on the Type B road per the attached City/COunty Agreement; and WHEREAS, the Town of Addison has executed the attached City/County Agreement authorizing said work in accordance with Article 4413 (32c) of the Interlocal Cooperation Act of VACS; and WHEREAS, said road being Type "B" according to the Dallas County Road and Bridge Policy as adopted in Court Order No. 84-659 and Order NOB. 90-1964 and 91-845, establishing and updating the county Road List, is eligible for County cooperation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the Commissioner of District No. 1 is authoriZed to cooperate with the Town of Addison to perform said work and the County Judge is hereby authorized and directed to execute the attached City/COunty Agreement. DONE IN OPEN COURT, this the --"=:..:. day of ________􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀀧􀀠1991. an, P.E. of Public Works 2Lee F. I J STATE OF TEXAS X X COUNTY OF DALLAS X WHEREAS. the Town of Addison. Texas. hereinafter called "Town" and the County of Dallas, hereinafter called the "County", want to enter into an agreement for the County to mill a depth of approximately 1 1/2" from approximately 75.000 square yards of existing asphalt and place 2" Type "0" Hot Mix Asphaltic toncrete Overlay on Addison Road. from Belt Line Road to the City limits and Keller Springs Road from the North Dallas Tollway to Addison Road. These are Type "B" streets. WHEREAS, Article 4413 32c) , Vernon' s Annotated Civil statutes provides authorization for local governments to enter into contracts; NOW. THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by Town and County upon and for the mutual consideration stated herein: WITNESSETH: I. Town requests County to mill streets designated on Attachment "An. This includes the milling, hauling, detailing, sweeping and inspection at an estimated cost of $92.706.62. County's HMAC contractor is to place 2" of hot mix asphaltic concrete at an estimated cost of $202,417.50. Town 􀁾􀁳􀀠to place 50% of the cost of this work, or $147,562.06 into escrow with the County. In the event the construction costs exceed the estimated cost, Town and County may agree to reduce the scope of work. Such agreement shall be in writing authorized in a manner as provided by law. II. The Town will contract separately for utility adjustments, traffic control, including temporary pavement markings, laboratory testing services, replacement of the traffic loops-, and replacement of the permanent traffic markings. The cost of these improvements, estimated at $136,000.00 will be paid for by the Town. Ill. The Town will inform the public that the work will be done. Town will arrange for the work described in paragraph II to be done, and coordinate same with County and County HMAC contractor. County will coqrdinate the work of the milling, testing and HMAC operations, and wi II provide an inspector for the mi IIing and overlay portion of the project. County to administer overlay on the street, utilizing the County's annual HMAC contract, and shall pay HMAC contractor for work on the project. IV. The County shall at all times exercise reasonable precautions for the safety of employees and others on or near the work, and shall comply with all applicable provisions of federal , state, and municipal safety laws. The safety precautions actually taken and their adequacy shall be the sole responsibility of the County, V. It is agreed that work will not start by the County until this Agreement has been fully executed by the Town and the County. In addition, the County agrees to have the work completed by september 15, 1991. VI. The Town further agrees to indemnify and save harmless County from any liability or damages County may suffer as a result of claims, demands, costs, or judgements against County arising out of performance of the work and services under this agreement or arising from any accident, injury, or damage whatsoever, to any person or persons. or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and on or about this project, except for any liability or damages caused by the negligence of the County, its agents, officers and/oremployees. . The Town of Addison, Texas has executed this Agreement pursuant to duly authorized City Council resolution, dated , 1991; the County has executed this Agreement pursuant to Commissioners Court Order No. )H-1272, on this 30th day of July ,1991. TOWN OF ADDISON COUNTY OF DALLAS, • 􀁟􀁂􀁾􀁾􀀬􀁯BY: Ron Whitehead Jim J n City Manager Presi County Judge ,.. ...t' J . ATTACHMENT "A" ADDISON ROAD/KELLER SPRINGS REHABILITATION ESTIMATED COST OF CONSTRUCTION MAY 2, 1991 Addison Road, Belt Line Road To Addison City Limit Line 1. Mi 1ling 62.000 SY @Sl.OO/SY $ 62,000.00= 2. 2" HMAC 6,820 Tons @2:1.23/Ton 165.248,60" 3. Tack 1,860 Gal @1.12/Gal = 2.083.20 4. Ton Mile Haul 68,200 Ton Miles @0.14/Ton Mile 9,548.00" 5 . Administration 27,900 @0.1244 = 3.470.76 6. Inspection 10 days 143.125/day & 1,506.25@= 300 miles @0.25/mile SUBTOTAL = $243.856.81 Keller Springs Road. North Dallas Tollway to Addison Road 7 . Mi 11 ing 13,000 SY @S 1.00/SY S 13,000.00'" 8. 2" HMAC 1,430 Tons @24.23/Ton = 34,648.90 9. Tack 390 Gal @1.12/Gal = 436.80 10. Ton Mile Haul 14,300 Ton Miles @0.14/Ton Mile = 2.002.00 11. Administration 5,850 @0.1244 = 727.74 12. Inspection 3 Days @143.125 and 90 " 451.87 miles @0.25/mile SUBTOTAL = $ 51,267.31 TOTAL = $295,124.12 COUNTY PORTION (50\) = $147,562.06 TOWN PORTION (50\) = $147,562.06 t'.l.....: j FINANCE DEPARTMENT Post Office Box 144 Addison, Texas 75001 (214) 4S()'7051 FAX (214) 386-0938 5350 Belt Line Road ADDENDUM NUMBER 1 R &. A No. 91009 ADDISON ROAD AND KELLER SPRINGS ROAD MILLING &. HMAC OVERLAY This addendum shall amend the original InVitation, Instruction, and Specifications as follows: ORIGINAL NOTICE TO BIDDERS SEALED PROPOSALS addressed to the Town of Addison, Texas will be received at the office of Mr. Clyde Johnson, Purchasing Agent, Finance Building, 5350 Beltllne Road, Addison, Texas, until 10:00 AM o'clock, July 26. 1991, ...... CHANGED TO NOTICE TO BIDDERS SEALED PROPOSALS addressed to the Town of Addison, Texas will be received at the office of Mr. Clyde Johnson, Purchasing Agent, Finance Building, 5350 Beltllne Road, Addison, Texas, until 10:00 AM o'clock, Augus.t 2. 1991, ...... This addendum was issued on July 19, 1991, by the Purchasing Agent for the Town of Addison. Each bidder must sign, date, and Include this addendum wIth theIr bid. DA'f.E .sIGNED AUTHORIZED SIGNATURE COMPANY NAME CITY ENGINEER'S OFFICE (214) 450·2886 Po.,·OlfI"" Box 144 Addiwn, T."", 75001 16801 WestgT'O"le May 20, 1991 Mr. Michael L. Sharp Dallas County . Road & Bridge District No.1 2311 Joe Field Road Dallas, Texas 75229 RE: Interlocal Agreement for the Rehabilitation of Addison Road and Keller Springs Road Dear Mike: On May 14, 1991, The City Council approved the enclosed interlocal 􀁡􀁧􀁲􀁾􀁥􀁭􀁥􀁮􀁴􀀠to rehabilitate Addison Road and Keller Springs Road. The Town's c·onsultant is preparing plans and specifications to cover our portion of the improvements. We anticipate a contract being awarded in early July. Please return one executed copy of the agreement upon approval by the Commissioners Court. The Town wi 11 pay the required escrow upon request. If you need additional information, please call me. Sincerely, 􀁾􀁦Addison /,/? tM/AtA . . 5-z-o-tl􀁊􀀧􀀮􀁂􀀥􀀧􀀧􀁦􀀱􀀱􀁬􀁉􀁾􀀠City Engineer JRB/rp Enclosure cc: Robin Jones, Director of streets STATE OF TEXAS X X COUNTY OF DALLAS X TOWN/COUNTY 􀁁􀁇􀁒􀁅􀁅􀁾􀁅􀁎􀁔􀀠WHEREAS, the Town of Addison, Texas, hereinafter called "Town" and the County of Dallas, hereinafter called the "County", want to enter into an agreement for the County to mill a depth of approximatel y 1 1/2" from approximatel y 75,000 square yards of existing asphalt and place 2" Type "D" Hot Mix Asphaltic Concrete Overlay on Addison Road, from Belt Line Road to the City limits and Keller Springs Road from the North Dallas Tollway to Addison Road. These are Type nB" streets. WHEREAS, Articl e 4413 32c) , Vernon's Annotated Civil Statutes provides authorization contracts; for local governments to enter into NOW, THEREFORE, THIS MEMORANentered into by Town and consideration stated herein: DUM OF County AGREEMENT is upon and hereby for made the mand utual WITNESSETH: I. Town requests County to mill streets designated on Attachment "An. This includes the milling, hauling, detailing, sweeping and inspection at an estimated cost of $92,706.62. County's HMAC contractor is to place 2" of hot mix asphaltic concrete at an estimated cost of $202,417.50. Town is to place 50% of the cost of this work, or $147,562.06 into escrow with the County. In the event the construction costs exceed the estimated cost, Town and County may agree to reduce the scope of work. Such agreement shall be in writing authorized in a manner as provided by law. II. The Town will contract separately for utility adjustments, traffic control, including temporary pavement markings, laboratory testing services, replacement of the traffic loops, and replacement of the permanent traffic markings. The cost of these improvements, estimated 2t $136,000.00 will be paid for by the Town. III. The Town will inform the public that the work will be done. Town will arrange for the work described in paragraph II to be done, and coordinate same with County and County HMAC contractor. County will coordinate the work of the milling, testing and HMAC operations, and wi 11 provide an inspector for the mi lUng and overlay portion of the project. County to administer overlay on the street, utilizing the County's annual HMAC contract, and shall pay HMAC contractor for work on the project. IV. The County shall at all times exercise reasonable precautions for the safety of employees and others on or near the work, and shall compl y wi th all appl icabl e provisions of federal, state, and municipal safety laws. The safety precautions actually taken and their adequacy shall be the sole responsibility of the County. V. It is agreed that work will not start by the County until this Agreement has· been fully executed by the Town and the County. In addition, the County agrees to have the work completed by September 15, 1991. VI. The Town further agrees to indemnify and save harmless County from any liability or damages County may suffer as a result of claims, demands, costs, or judgements against County arising out of performance of the work and services under this agreement or arising from any accident, injury, or damage whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and on or about this project, except for any liability or damages caused by the negligence of the County, its agents, officers and/or employees. The Town of Addison, Texas has executed this Agreement pursuant to duly authorized City Council resolution, dated , 1991; the County has executed this Agreement pursuant to Commissioners Court Order No. , on this day of , 1991. TOWN OF ADDISON COUNTY OF DALLAS _:Bo 􀁾􀁗􀁜􀀠, ti:&,oBY; Ron Whitehead BY: Lee F. Jackson City Manager County Judge ATTACHMENT "An ADDISON ROAD/KELLER SPRINGS REHABILITATION ESTIMATED COST OF CONSTRUCTION MAY 2, 1991 Addison Road. Belt Line Road To Addison City Limit Line 1. Milling 62.000 SY @$ 1.00/SY :: $ 62,000.00 2. 2" HMAC 6,820 Tons @24.23/Ton :: 165,248.60 3. Tack 1,860 Gal @1.12/Gal :: 2,083.20 4. Ton Mile Haul 68,200 Ton Miles @0.14/Ton Mile :: 9,548.00 5. Administration 27,900 @0.1244 :: 3,470.76 6. Inspection 10 days @143.125/day & :: 1,506.25 300 miles @0.25/mile SUBTOTAL :: $243,856.81 Keller Springs Road. North Dallas Tollway to Addison Road 7. Milling 13,000 SY @$ 1.00/SY $ 13,000.00" 8. 2" HMAC 1,430 Tons @24.23/Ton :: 34,648.90 9. Tack 390 Gal @1.12/Gal :: 436.80 10. Ton Mile Haul 14,300 Ton Miles @o . 14/Ton Mile = 2,002.00 11. Administration 5,850 @0.1244 :: 727.74 ::12. Inspection. 3 Days @143.125 and 90 451. 87 miles @0.25/mile SUBTOTAL = $ 51,267.31 TOTAL $295,124.12" COUNTY PORTION (50%) :: $147,562.06 TOWN PORTION (50%) :: $147,562.06 STREET DEPARTMENT (214) %0-2841 PoslOffic(: Box 144 Addison, Texiltl 75001 16801 Wo!!ItgTove NOTES FROM ADDISON/KELLER SPRINGS ROADS MEETING OF 28 FEBRUARY 1991 WITH MIKE SHARP OF DALIJ\S COUNTY Mr_ Sharp recoll1!1lended that Type C asphalt be used in the overlay because of his experiences with the product. The asphalt would be two inches in thickness. We can observe examples of county work in place at the two following locations: Hillcrest Road south of Mockingbird Lane Hillcrest Road at southwestern Boulevard We estimated the road length at 14,800 feet. The county will mill and remove from the site, etc., the existing two inches of asphalt surface for one dollar per square yard. The estimated cost of asphalt for the topping is twenty-four dollars per ton. The county will not SO/50 match the cost of traffic markings. The Town shall be required to furnish all traffic control devices. The county will match SO/50 all costs for milling and haul off, and for new materials placed to complete rehabilitation of the roadway surface. The county can furnish inspection for this project. Additional notes: -This project will require a formal agreement between Dallas County and The Town of Addison. -Mr. Sharp advised that some funds may not be available, due to county budget. -The traffic controls and temporary pavement markings will be at Town expense, and will require a separate contract with additional traffic control and marking contractors. DRAFT STATE OF TEXAS X X COUNTY OF DALLAS X TOWN/COUNTY AGREEMENT WHEREAS 1 the Town of Addison. Texas, hereinafter call ed "Town" and the county of Dallas, hereinafter called the "county", want to enter into an agreement for the county to mill a depth of approximately 1 1/2" from approximately 75,000 square yards of existing asphalt and place :2" Type "D" Hot Mix Asphaltic Conorete Overlay on Addison Road, from Belt Line Road to the City limits and Keller Springs Road from the North Dallas Tollway to Addison Road. These are Type "s" streets. WHEREAS, Article 4413 3:2c). Vernon's Annotated civi I statutes provides authorization for local governments to enter into contI"actsi BOW, 'l'HEREPORE. 'l'IlIS MEMORANDUM OF AGREEMEIIT i:s hereby made and entered into by Town and County upon and for the mutual consideration stated herein: WITIIESSETH: I , 6 Town requests County to mill streets designated on Attachment "A", This includes the milling, hauling. detailing, SWeeping and inspection at an estimated cost of $90,748,50. county's HMAC contI"actor is to place 2" of hot mix asphaltic concrete at an 􀀺􀀺􀁲􀀮􀀺􀁾􀀠elStimated cost of $:202,417.50. Town is to place 50\ of the eost of(􀁶􀀮􀁾􀀠this work, or $146,583.00 into escrow with the County. In--thetJlO ",It."event the construction costs exceed the estimated cost, Town and 􀁬􀁪􀁾􀁮􀁣􀁯􀁵􀁮􀁴􀁹􀀠may agree to reduce the scope of WOI"k. Such agreement shall 􀁴􀁾􀀯􀀧􀀠be in writinq authorized in a manner as provided by law. II. The Town will contI"act separately for utility adjustments, traffic control, including temporary pavement markings, laboratory testingservices, replacement of the traffic loops. and replacement of the permanent traffic marking.!!. The cost of these improvements I estimated at $100,000.00 will be paid for by the Town. STATE OF TEXAS X X COUNTY OF DALLAS X TOWN/COUNTY AGREEMENT WHEREAS, the Town of Addison, Texas, hereinafter called "Town" and the County of Dallas, hereinafter call ed the "county", want to enter into an agreement for the County to mill a depth of approximately 1 1/2" from approximateI y 75,000 square yards of existing asphalt and place 2" Type "D" Hot Mix Asphaltic Concrete Overlay on Addison Road, from Belt Line Road to the City limits and Keller Springs Road from the North Dallas Tollway to Addison Road. These are Type "B" streets. WHEREAS, Article 4413 32c), Vernon's Annotated Civil Statutes provides authorization contracts; for local governments to enter into NOW, THEREFORE, THIS MEMORANDUM entered into by Town and consideration stated herein: OF County AGREEMENT is upon and hereby for made the mand utual WITNESSETH: 1. Town requests County to mill streets designated on Attachment "A". This includes the milling, hauling, detailing, sweeping and inspection at an estimated cost of $90,748.50. County's HMAC contractor is to place 2" of hot mix asphaltic concrete at an estimated cost of $202,417.50. Town is to place 50% of the cost of this work, or $146,583.00 into escrow with the County. In the event the construction costs exceed the estimated cost, Town and County may agree to reduce the scope of work. Such agreement shall be in writing authorized in a manner as provided by law. rI. The Town will contract separately for utility adjustments, traffic control, including temporary pavement markings, laboratory testing services, replacement of the traffic loops, and replacement of the permanent traffic markings. The cost of these improvements, estimated at $136,000.00 will be paid for by the Town. III. The Town will inform the public that the work will be done. Town will arrange for the work described in paragraph II to be done, and coordinate same with County and County HMAC contractor. County will coordinate the work of the milling testing and HMAC operations, and wi 11 provide an inspector for the mi II ing and overlay portion of the project. County to administer overlay on the street, utilizing the County's annual HMAC contract, and shall pay HMAC contractor for work on the project. IV. The county shall at all times exercise reasonable precautions for the safety of employees and others on or near the work, and shall compl y wi th all applicabl e provisions of federal, state, and municipal safety laws. The safety precautions actually taken and their adequacy shall be the sole responsibility of the County. V. I t is agreed that work wi 11 not start by the County unti 1 this Agreement has been fully executed by the Town and the county. In addition, the County agrees to have the work completed by September 15, 1991. VI. The Town further agrees to indemnify and save harmless County from any liability or damages County may suffer as a result of claims, demands, costs, or judgements against County ar1s1ng out of performance of the work and services under this agreement or arising from any accident, injury, or damage whatsoever, to any person or persons, or to the property of any person{s) or corporation{s) occurring during the performance of this agreement and on or about this project, except for any liability or damages caused by the negligence of the County, its agents, officers and/or employees. The Town of Addison, Texas has executed this Agreement pursuant to duly authorized City Council resolution, dated , 1991; the County has executed this Agreement pursuant to Commissioners Court Order No. , on this day of , 1991. TOWN OF ADDISON COUNTY OF DALLAS BY: Ron Whitehead BY: Lee F. Jackson City Manager County Judge III. The Town will inform the public that the work will be done. Town will arrange for the work described in paragraph II to be done, and coordinate same with County and County HHAC contractor. Countr will coordinate the work of the milling) testing and HHAC-' operations, and will provide an inspector for the Elpil}ift9 and-overlay portion of the project. 117, flt"'1 County to administer overlay on the street, utilizing the County's annual HMAC contract, and shall pay HMAC contractor for work on the project. IV. '.. :,,> ' The County shall at all times exercise reasonable precautions for the safety of employees and others on or near the work, and shall comply with all applicable provisions of federal, state, and municipal safety laws. The safety precautions actually taken and their adequaoy shall be the sole responsibility of the County. v. It is agreed that work will not start by the County until this Agreement has been fully executed by the Town and the County. In addition, the County agrees to have the work completed by september lS, 1991. VL The Town further agrees to indemnify and save harmless County from &ny liability or damages county may suffer as a result of claims, demands, costs, or judgements against county arising out of performance of the work and servioes under this agreement or arising from any accident I injury I or damage whatsoever, to iIlny person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agr.ementand on or about this project, except for any liability or damagescaused by the negligence of the County, its agents, officers and/oremployees. The Town of Addison, Texas has executed this Agreement pursuant to duly authorized City Council resolution, dated 1991; theI county has executed this Agreement pursuant to Commissioners Court IOrder NO., on this day of 1991. TOWN OF ADDISON COUNTY OF DALLAS BY: Ron Whitehead BY: Lee F. Jackson City Manager County Judge ....... ATTACHMENT "A" ADDISON ROAD/KELLER SPRINGS REHABILITATION ESTIMATED COST OF CONSTRUCTION APRlL 12, 1991 Addison Road, Belt Line Road To Addison City Limit Line 1. Milling 62,000 SY @S 1.OO/SY 2. 2" HMAC 6.820 Tons @24. 23/Ton 3. Tack 1.860 Gal 1.12/Ga1 4. Ton Mile Haul 68,200 Ton Miles @0.14/Ton Mile f'-,;;n q00 ti3 • I a.. '-145. Administration,. , . (p. /0 ddr,'S 9-'1-15,125' ... .:.= u,' @. • Z:5'1:'0'\ .s FCC'+-,oY\.. SUBTOTAL ....􀁾􀀮= $ 62,000.00 􀁾􀁾􀀠165,248.60 :: 2,083.20 9,548.00'" = ,.3,470.76 -'T;5tX;Zr 􀀤􀁡􀀴􀁾􀀠'jQO\Sti= -, 􀀻􀀲􀀮􀁾3, g5/P. '6 I Keller Springs Road, No.th Dallas Tollway to Addison Road 6. Milling 7. 2" HNAC B. Tack 9. Ton Mil e Haul 10. Administration I ! . 􀁔􀁖􀁩􀀧􀀶􀁲􀁥􀁾+, o-r.. 13,000 BY @$ LOO/SY = S 13,000.00 1,430 Tons @24.23/Ton -... 390 Gal @1.12/0a1 = 14,300 Ton Miles @0.14/Ton Mile '" 11 S/Ii'So, if0 Ci) ./:;uN :; 3da.,-. 􀁴􀀡􀁊􀀮􀁾􀀯􀁾􀀷􀀮􀀱􀁚􀁲􀀠'#/vs 9',..........e"'".!l '{'-=SUBTOTAL 􀁾􀀠TOTAL " COUNTY PORTION TOWN PORTION (50\) (50%) " :: 436.80 2,002.00 2,002.00 1"1-'1·7!/C!24.74) HM'1 $ 513,811"445"11 ;llft,:ent: Al J machines, tools and equipment used in the Pli!' ,,;"llance of the work shal1 be approved by the Owner's Representative and shal1 be maintained in satisfactory operatingcondition. 1. Paint Application; The equipment for applying paint to pa vements sna 11 be self-propel1 ed or mobil e drawn pneumatic spraying machine with suitable arrangements of atomizingnozzles and controls to obtain the specified results. The machine shall be capable of applying the stripe widths indicated, shall have a speed during application not less than 5 miles per nour and shall be capable of applying the paint at the coverage rate specified in paragraph APPLICATION, at an even uniform thickness with clear-cut edges, Equipment used for marking pavements shall be capable of placing the prescribed number of lines at a single pass as solid lines, intermittent lines or a combination of solid and intermittent lines using a maximum of three different colors of paint as speci fi ed. ";, 02580-1 JUri 18 '9114:45 FRO'jADY 􀁁􀁾􀁉􀁄􀀠ASSOC I ATE S PAGE.004 ·537-027 The paint appl icator shan have paint reservoirs or tanks of sufficient capacity and suitable gages to apply paint in accordance with the requirements specified. The tanks shall be equipped with suitable air-driven mechanical agitators. The spray mechanism shall be equipped with quick-action valves conveniently located, and shall include necessary pressure regul ators and gages in full view and reach Of the operator.Paint strainers shall be insta1led in the paint supply lines to insure freedom from residue and foreign matter that may cause malfunction of the spray guns. Pneumatic spray guns shall be provided for hand application of paint in areas where the mobile paint applicator cannot be used. 2. Sandblasting equipment shall include an air compressor, hoses and nozzles or proper size and capacity as required for cleaning surfaces to be painted. The compressor shall be capable of furnishing not less than 150 cubic feet of air perminute at a pressure of not less than 90 pounds per square inch at the nOZzle for each nozzle used. B. Surface Penetration; New concrete pavement surfaces shall be allowed to cure for a periOd of not less than ten days, and asphalt surfaces for thi rty days before appl ication of marking materials. All surfaces to be marked shall be thoroughly cleaned before application of the paint. Dust, dirt, and other granular surface deposits shall be removed by sweeping, blowing with compressed air, rinsing with water or a combination of these methods as requi rl!d. Rubber deposits, surface 1 ahance, and other coatings adhering to the pavement shall be completely removed with scrapers, wire brushes, sandblasting, approved chemicals, or mechanical abrasion as directed. Where oil or grease is present on pavements to be marked, the affected areas shall be scrubbed with several applications of trisodium phosphate solution or other approved detergent or degreaser and rinsed thoroughly after each appl ication. After 􀁣􀁬􀁥􀁡􀁮􀁩􀁮􀁾􀁊􀀬􀀠the oil soaked areas snall be sealed with cut shellac to prevent bleeding through the new paint. C. Application: 1. Rate of appl ication; Paint shal1 be applied evenly to the pavement surface to be coated at a rate of 105 plus or minus 5 square feet per gallon. 2. Paint shall be applied to clean, dry surfaces, and only when the air and pavement temperatures are above 40 degrees F. and less than 95 degrees F. The paint temperature shall be maintained within these same limits. Paint shall be appliedpneU111s $hall withstand immersion in water and in acids without lmdergoing noticeable corrosion Or etc.:h i ng ana SI1d. n not be 􀁴􀁬􀁡􀁲􀁫􀁾􀁮􀁌􀀧􀁬􀁪􀀠UI' OtherW1 Sf? !)ot it.:eably decomposed by sulfides. 􀁲􀁨􀁾􀀠􀁴􀁥􀁾􀁴􀁳􀀠for chemical t'esistance-shall consist of linc-hour immersions in w,;i;ter' and: in solutions of corrosive agents tol 􀁾􀁯􀁷􀁾􀁤􀀠by micr'OScop'ic inspect'f()ri, A 3-to 5-g:"am portion of the sample sf'lal! b@placed in each of 3 Pyrex"'glass beakers or porcelain dishes: one portion shal! be covered .....ith distilled water; one portion shal1 shal1 be covered with a 3-N solution of sulfuric acid; and one portion 􀁾􀁨􀁡􀁬􀁬􀀠b@covered with a 50 percent solution of sodium sulfide. After one hour, the glass bead; in .acn portion shall be examined microscopically f()r evidence of darkening .and frosting. (£) Moist:.ure Rqsis'i.aJl'ce, 􀁔􀁨􀁾􀀠􀁧􀁬􀀮􀁳􀁾􀀠beads shall flow and cascade freely in the pn::sence of hu,lIid 􀁡􀁾􀁲􀀢􀀠These qualities shall b>3' dl?termi fled 􀁾􀀤􀀠fo -11 ows: APproximately 2 pounds of glass beads Shan be 􀁰􀁬􀁡􀁾􀁥􀁤􀀠in a clean cotton bag, untreated ..... ith sizing m.a.ter'ial, and of 5uitab1e Capacity. The bag !5hal1 be immersed in water to a depth sufficient to cover the gLass beads for at least 30 seconds and until fully 􀀡􀀮􀁯􀁾􀁫􀀮􂂬􀁤􀀢􀀠The bag sna 11 then be removed and 'Wrung free of excess watet' dOd: $uspended in room al t' for· 2 how'>;" The beads shall then be tf'dnsferrert '.5"'owly to a clean, dry. st;;Pldi'fl'd glass funnel hav'ng a 4"IDch 􀁓􀀮􀀢􀁾􀁩􀁉􀁬􀀬􀀠ana d 1/4 inch diameter 􀁾􀀻􀀨􀁬􀁴􀀠The entire sample shall flow i"reely through the funnel "" thout 􀁳􀁴􀁯􀁰􀁰􀁡􀁳􀀬􀀬􀁾􀀠Light tapplng to initiate ttl£! flow is permisSible. 839.05 Appcoval No port.iun of a slnpment or conSignment. shan be us@d before the b8ads have been tested as here'inbefor@.;;pecified and aoproval is IJraoted. Fai 1ur.e of any sampl e to meet any or tne:::'0 requirements Shall consti cute cause for rejection of the shipment. 718 tM int app To ser hav fic; same rejl 􀁴􀁲􀁡􀁾􀀠rem: to t defi· the vis fro the 11; f i 1 shi. sh. $pe pot 􀁾􀀠sty 􀁦􀁩􀁬􀁾􀀠met; lay 4 ± or mar (.. Memo of Telephone Conversation WITH: :::1flJ 􀁾􀀧􀁨􀀧􀁍􀁧􀁁􀁲􀀿􀁲􀁾􀀱􀀵􀁌􀀠,1: 􀁾􀀮􀀠DATE: "5jzt/'i1 C,T-J .:::. F A-n 􀁲􀀬􀀺􀀾􀁲􀀧􀁾􀀠aJ:4 I 􀁔􀁬􀁾􀁬􀁅􀀠:------JOB NUMBER: 'Jloo9 JOB NAME: 􀁾􀁄􀁉􀀺􀀻􀀧􀁾􀀠(J4,4 j:> 12e 􀁾􀁓􀁬􀀮􀀠I NIT IALS If?:INJet t...., 􀁾􀀠I REFERENCE TO: f7u;,cia;r 􀁍􀁥􀁥􀀮􀀮􀁾􀀠ROUTE TO: ____ RECEIVED CALL PLACED CALL.. TELEPHONE NO. (z/4-) 450 -Z6Sb gM -WDJ!f,(2 UK£. 1P 􀀼􀀺􀀻􀁾􀀺􀁲􀀠uP f'fYXA(t£% MeGIll.)¢' wITH YDtJ 0,] 1iW/2I;.oIr'( '. if 􀁦􀀱􀁊􀀥􀀯􀁾􀁬􀂣􀀿􀁲! 􀁾. 􀀮􀀭􀁪􀀾􀀭􀀽􀀭􀀮􀀺􀀢􀁩􀀬􀀭􀁉􀀮􀀡􀀺􀀮􀀤􀁾􀀽􀀭􀀮􀀡􀀮􀀮􀀺􀁐􀁎􀁴􀀭􀀬􀀭􀀭� �􀀭􀀿_________ Jt? -􀀱􀁩􀁴􀁪􀁽􀁾􀁳􀁯􀁩􀁲􀀢􀁦􀀠(S FI,.I=:. 􀁉􀀺􀁾􀀠PIA.. f?MfZM,. 􀀧􀁑􀁰􀁾􀀠T'If"£ CN 􀁦􀀺􀁦􀁴􀁴􀁾􀀠IIt::AtJJ eJ) 5fG.cs. /I ft:J p.. q,t;JJU/tt..-􀁾􀁏􀁬fiA--k.. ,. 􀁊􀁾􀀮􀀮􀀮􀀠WI..(; 􀁃􀁴􀁬􀁾􀀠r;,J. A-m '54tAL 'We h k#7TifH W. 􀁾􀀩􀁴􀁲􀀿􀁊􀀨􀀠ef?x7 TIP!;. . ( (. ...... Rady & Associates. 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"'f4i-Mlov"'T ot: "SetJSl 'I11fE-T-{ 􀁾􀁲􀀠DUe 1'"P fp q?gJ\-sEtO 1)/£.p17f /'7 MI,J/Mkl.... AND a,.l 􀁾ADJusTG-O @lItli?; co,...mzol,.. PAtJE;t., "f2.,vl -11.. ""f2,.. 1"0 MlvvltJ6 ('JfE; 􀁆􀀢􀁁􀀭􀀧􀀻􀀧􀁻􀀡􀁦􀀺􀀮􀁍􀀨􀀻􀀻􀀮􀀮􀁾􀁲􀀠1 SHoI.JI..􀁟􀁯􀁾􀀧􀀭􀁲􀀠11+E:.... . /...l)of' WI 􀁾􀀠p'>1f; 􀁐􀁉􀁾􀁎􀁎􀁾􀁮􀀽􀀭􀁏􀀠A-r 71tE,... (NO/vI CVAt... '-aoP &ox';$ 7 , 1 WitA""'-1/t c"TA-""'es 11",t::"",;:.. t:? I "'" e-/J $/i>,.)$.􀁾􀀠----.. .. B$o -£10.1 CaI.Je.S-rL 􀀮􀁐􀁲􀀲􀀭􀁅􀀺􀁆􀁥􀀮􀁡􀀮􀁾􀁴􀁊􀀧􀀭􀀭􀁅􀀮􀀮􀀠􀁁􀀬􀀮􀁊􀁾􀀠SP=.e.p .oF-'f2..A1:;E-IC., v,Jt"1􀁾􀁾􀁾a... "[td "T"o J􀁇􀁴􀀲􀁦􀁇􀀮􀀮􀁾􀁊􀀠6 I r7t7l?f 0.m..rl+VI"'t:' OF-e DALLAS COUNTY ROAD & BRIDGE DISTRICT NO.1 SERVICE CENTER March 6, 1991 \ Mr. Robin Jones Director of Streets Town of Addison P. O. Box 144 Addison, Texas 75011 Dear Mr. Jones: Enclosed is the information you requested concerning City/County Agreements for milling projects. If you need additional information, please call me. Sincerely, Michael L. Sharp Supervisor MLS:so Enclosure , ,I f,'tv'-IiItJii,;rr;: D{!JweJl d?(1/l r: C;z.I-tf(6( 247-17352311 Joe Field Road Dallas. Texas 75229 􀁾􀁵􀁲􀁷􀀺􀁳􀀠AVAILAI:1Lt oU ;; u jj:,0 L+ '7 coeRT ORDER COUNTY AUDITOR ORDER :;0, 90 1918 􀁾􀁾􀁜... c '10.11DATE: OCT S 0 1990 STHE or 􀁔􀁮􀁾􀁳􀀠cor,TY or D.UU::: Texas, h-ld on the 30th 􀁤􀁾􀁹􀀠of 􀁟􀁏􀁣􀀽􀁴􀀺􀀮􀀮􀀺􀁯􀀺􀀮􀀮􀀺􀁢􀁥􀀽􀁲􀁟􀀢􀁾___􀁾___ , 1990, on ; 􀁏􀁐􀁅􀁾􀀠COIJRT, this the 30th day of ____􀁏􀁣􀀺􀀺􀀺􀀺􀀺􀁴􀁯􀀽􀁢􀁥􀀽􀁲􀁟􀁾_____, 1990. \ lee F. 'son, County Judge COil f onus 0 Commi ssione 􀁲􀁲􀀮􀀮􀀬􀀭􀀢􀀢􀀺􀀡􀁊􀁾􀁬􀁊􀁪􀁾􀁾􀁾􀁾􀁾􀁨􀀢􀀢􀀧____Court Policy: '" II, B van, Director of Public Works STATE OF TEXAS X X COUNTY OF DALLAS X CITY/COUNTY AGREEMENT WHEREAS, the City of University Park. Texas. hereinafter called "City" and the County of Dallas. Texas, hereinafter called the ·County", want to enter into an agreement for the County to mill a depth 􀁲􀁡􀁮􀁬􀁾􀁮􀁧􀀠from 2 I/Z" to 3 1/:" 􀁡􀁰􀁰􀁲􀁯􀁸􀁩􀁭􀁡􀁾􀁥􀁬􀁹􀀠61.500 square yards of existing asphalt and place 3" Type "D" Hot 􀁾􀁩􀁸􀀠Concrete Overlay on Hillcrest Avenue. from Potomac to Northwest Highway. This is a Type "B" street. WHERE.';S: Article 􀀴􀀧􀀻􀀺􀀺􀂷􀀳􀀺􀁣􀁾􀀬􀀠􀁖􀁥􀀽􀁾􀁣􀁮􀀧􀁳􀀠􀁁􀁮 􀁮􀁯􀁾􀁡􀁴􀁥􀁤􀀠Stat:ltes. 􀁰􀁾􀀽􀀧􀀺􀀺􀀻􀁾􀀵􀀠􀁡􀁵􀁾􀁾􀁯􀁲􀁬􀀽􀁡􀁴􀀺􀀽􀁾􀀠for local 􀁧􀀽􀁾􀀧􀁥􀁲􀁮􀁭􀁥􀁮􀁾􀁳􀀠e:1tef' C:::-l:':-:3.'::3 ; NOW , :REREFORE, THIS' 􀁾􀁅􀁍􀁏􀁒􀁁􀁎􀁄􀁵􀁾􀀠OF 􀁁􀁇􀁒􀁅􀁅􀁾􀁅􀁾􀁔􀀠is made a:1c entered 􀁩􀁮􀁾􀁯􀀠by C!:y and County upon and fer the mu;:;.!a':' 􀁣􀁯􀁮􀁳􀁾􀁴􀁥􀁲􀁾􀁴􀁩􀁯􀁮􀀠stated herein; WIT:-IESSETH: I. City requests County to mill streets designated on Attachment "A". This includes the milling, hauling. detailing, and sweeping. at an estimated cost of $79,353.00. County's HMAC contractor is to place 3" "f hel: mix. asphaltic concrel:e at an est:'mated cost of 5235,784.50. City is to place 50% of the COSt of this work, or $157,818.75 into escrow with the County. In the eveni the construction costs exceed the estimated cost, City and County may 􀁡􀁾􀀭􀁾􀁥􀀠􀁴􀁾􀀠reduce the scope of work. Such alrepment shall be in 􀁾􀁲􀁩􀁴􀁩􀁮􀁧􀀠and authorized in a manner as provided by law. II. The 􀁃􀁾􀀺􀀷􀀠􀁾􀁩􀁬􀁬􀀠contrac: separately for single course penetrative seal 􀀨􀁥􀁳􀁴􀀺􀁾􀁡􀀺􀁥􀁤􀀠at S54,S;GI, memorane underseal 0: joints/cracKs les:ima:ed at 527,780), striping 􀁬􀁥􀁳􀁾􀁩􀁭􀁡􀁴􀁥􀁤􀀠at 5:5,0001, ul:ility 􀁡􀁤􀁊􀁵􀁳􀀺􀁾􀁥􀁾􀁴􀁳􀀠lest:ma:ed at $4,5001. pavement 􀁲􀁥􀁰􀁡􀀺􀀧􀁾􀁳􀀠(estimated at SIJ,!lG , 􀁴􀁲􀁾􀀺􀁦􀁩􀁣􀀠c:n:rol (estimated at 540.000). and laboratory tes-inl services 􀀨􀁥􀁳􀀺􀀺􀁾􀁡􀀺􀁥􀁤􀀠at SIO.OCD). The 􀁳􀁾􀁾􀀺􀁯􀁬􀀺􀁡􀁬􀀠of 􀁴􀁨􀁩􀁾􀀠􀁳􀁥􀁾􀁡􀁲􀀳􀀺􀁥􀀺􀁾􀀠􀁣􀁯􀁮􀁴􀁲􀁡􀁣􀁾􀀽􀁤􀀠Aork is $179,620, said ccs: to be shared eq'13l::" :CO" t::e Cit, a::.d Count:". (;?cn comiOle::;:n of the work 􀁤􀁥􀁳􀁣􀁲􀁾􀁾􀁥􀁩􀀠in this par31raph, the City will invoice 􀁾􀁨􀁥􀀠County for half the 􀁥􀁳􀁾􀁩􀁭􀁾􀁴􀁥􀁤􀀠c ost, or 􀁓􀁡􀀹􀀱􀀸􀀱􀀰􀁾􀁾􀁏􀀮􀀠III. The City will 􀁩􀁮􀁦􀁯􀁲􀁾􀀠the public that the work wi:l be done. City will arrange for the 􀁾􀁯􀁲􀁫􀀠described in paragraph :: to be done. and coorc:na:e same with County and County HMAC 􀁣􀁯􀁮􀁾􀁲􀀮􀁣􀀺􀀽􀁲􀀮􀀠County will coordin3te the 􀁾􀁯􀁲􀁫􀀠of the millinl and HMAC opera::ons, and will I provide an inspector for the project. III. County to administer overlay on the street, utilizing the County's annual HMAC contract, and shall pay HHAC contractor for work on the project. IV. The County shall at all times exercise reasonable 􀁰􀁲􀁥􀁣􀁡􀁾􀀺􀁩􀁯􀁮􀁳􀀠for "the 􀁳􀁡􀁾􀁥􀁴􀁹􀀠of employees and others on or near the 􀁷􀁯􀁲􀁾􀀮􀀠and shall comply with all applicable provisions of federal, state, and municipal safety laws. The safety precautions actually taken and their adequacy shall be the sole responsibillty of the 􀁃􀀽􀁾􀁮􀀺􀁹􀀮􀀠v. I: 􀁾􀀽􀀠3.g:-ee:i :ha:. 􀁾􀁯􀁲􀁫􀀠􀁾􀁾􀀺􀁬􀀠nOL 􀁳􀁴􀁡􀁲􀁾􀀠􀁾􀁹􀀠the Caun:y 􀁾􀁾􀀺􀁾􀁟􀀠 􀁁􀁧􀁲􀁥􀀭􀀿􀀺􀀭􀀮􀁥􀁾􀀺􀀮􀀠has 􀀽􀁥􀁥􀁾􀀠􀁦􀁾􀁬􀀺􀁹􀀠􀁥􀁸􀁥􀁣􀁾􀁴􀁥􀁤􀀠by the C!:? and the 􀁃􀁃􀁾􀁾􀀺􀀷􀀮􀀠 VI. The City further agrees to indemnify and save harmless 􀁃􀁯􀁾􀁮􀀺􀁹􀀠from any liabi:ity or damages County may su;rer as a 􀁾􀁥􀁳􀁵􀁬􀁴􀀠􀁯􀁾􀀠claim., demands, costs, or judgements against County arising out of 􀁰􀁥􀁲􀁦􀁣􀁾􀁭􀁡􀁮􀁣􀁥􀀠of the work and services under this agreement =r arising from any accident, injury, or damage whatsoever, to any person or persons. or to the property of any person[s) or 􀁣􀁯􀁲􀁾􀁣􀁾􀀳􀁴􀁩􀁯􀁮􀁩􀁳􀁬􀀠􀁯􀁣􀁣􀁵􀁲􀁾􀁩􀁮􀁧􀀠during the performance of this agreement and on or about this ?roject. except for any liability or damages 􀁣􀁡􀁾􀁳􀁥􀁤􀀠by the negligence of the County, its agents, officers and/or 􀁥􀁭􀁰􀁩􀁾􀁹􀁥􀁥􀁳􀀮􀀠The City of Cniversity Park, Texas has executed this Agreement pursuant to duly authorized City Council minute order, dated October 1i, : "90; the County has executed this Agreement -1l.'€fisuant 􀁴􀁾􀀠Commissioners C.:>urt Order 􀁾􀁯􀀮􀀠"90-1918 on this .5U da,-of October , 1990. CITY CF COUNTY OF 􀁄􀁁􀁌􀁌􀁾􀁓􀀠 ATTACHHENT "A" HILLCREST AVENUE, NW HIGHWAY TO POTOMAC ESTIMATED COST OF CONSTRUCTION October 9, 1990 1-Milling 61,500 SY @$ 1 • 1,0 .. ,$ 6i.€:50.0C 􀁾-. 3" 􀁈􀁾􀁌􀁾􀁃􀀠:),150 "!".::ns @23.23 = 􀀲􀀳􀁾􀀮􀀭􀀺􀁾􀀮􀁾􀀺􀀺􀀺􀀠 T ' -, @:) . .aCK 3,075 􀁾􀁡􀁟􀀠1 .. 03 = 3.:36.5:' 􀁾􀀠• . Ton :-U:e Haul ';0,600 Tons @0.14 =-5.:34,80 :5 . Adminis'Cra'Cion @5% :-3,282.50 St"BTOTAL :: 􀁓􀀳􀀱􀀵􀀮􀁾􀀳􀀷􀀠.. 50 '. /, 5t\,-vt5 It:;bl\􀁾􀀧􀁦􀁉􀁜􀀮/j\\,>-( q1f><6. Penetr'ative Seal /􀁰􀀮􀁾􀀢􀁥􀁾􀀠* Asphalt /le.-i) 1-1,000 Gal @1.10 $ 15,400.00= * Aggregate 464, ey @85.00 39,440.00= -I • Membrane Underseal 11 ,800 LF @, 2.10 .. 24,780.00 8. Striping (City Purchased Mtll .. 35,000.00 9. Ctility Adjustments 50 Ea, @90.00 -l,500.00= 10. Traffic Control Lump Sum @,*0,000 40,000.00= 1! . Testing (asphalt) Lump Sum @10,000 :: 10,000.00 St:BTOTAL 11i9,620.00= , I ,TCTAL $495,257.50= 􀁾􀁏􀁔􀁅􀀺􀀠 All separately contracted items (except 10 & 11; have been bid by City's purchasing agent. Items 10 & 1: will be bid separately. ...-//, /! .' , STATE OF TEXAS X X COUNTY OF DALLAS X TOWN/COUNTY AGREEMENT WHEREAS, the Town of Addison, Texas, hereinafter called "Town" and the County of Dallas, hereinafter call ed the "County", want to enter into an agreement for the County to mill a depth ranging from 1 1/2" to 2 1/2" approximately 75,000 square yards of existing asphalt and place 2" Type "D" Hot Mix Concrete Overlay on Addison Road, from Selt Line Road to the City limits and Keller Springs Road from the North Dallas Tollway to Addison Road. These are Type"s" streets. WHEREAS, Article 4413 32c), Vernon's Annotated civil Statutes provides authorization for local governments to enter into contracts; NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by Town and County upon and for the mutual consideration stated herein: WITNESSETH: 1. Town requests County to mill streets designated on Attachment "An. This includes the milling, hauling, detailing, and sweeping, at an estimated cost of . County's &MAC contractor is 􀁴􀁾􀁐􀁬􀁡􀀠2" of hot mix asphaltic concrete at an estimated cost of 0 􀀬􀀭􀁾􀁾􀀠into escrow with the County. In the event the construction cos exceed the estimated cost, Town and County may agree to reduce the scope of work. Such agreement be in writing authorized in a manner 􀁡􀁳􀀭􀁒􀁾􀁾􀁑􀁥􀁾� �􀁾􀁡􀁷􀁾􀀠 7D"""" ,', .;.,. pk.<.... 􀁾􀁏􀀿􀀧􀁤􀀠..( 􀁾ecs/r;,'!;5 ...,,,,.4 tn_-_____ The Town wi11 contract separatel yfor co seal (estimated at ), 0 JO ,(estimatea at l, etripiftg (estimated at ), utility adjustments (estimated at ), ,pavement repairs (estimated a1:-,. --), traffic control (estimated at ) and laboratory testing services (estimated at ). The subtotal of this separately contracted work is , said cost to be shared equally by the Town and County. Upon completion of the work described in this paragraph, the Town will invoice the County for half the estimated cost, or c't:wt'7' ())::. COUNTY AUDiTORCOURT ORDER91 131 JAN221991 1-9 DATE: JAN 2 2 1991· FUNDS AVAILABLE STATE OF TEXAS 􀁾...... 0 \0)''''''' COUNTY OF DALLAS BE IT REMEMBERED, at a regular meeting of the Commissioners Court' of Dallas County, Texas, held on the 22nd day of ________􀁾􀁊􀁾􀁡􀁮􀀽􀀽􀁵􀁡􀁲􀁹􀁾􀁾____________, 1991. on motion made by Nancy E. Judy. (hrrnjssjoner of District No. 2 , and seconded by 􀁟􀀭􀀭􀀡􀀡􀁊􀀮􀀽􀁩􀁭􀁾􀁊􀀺􀀡􀀮􀀡􀁡􀁾􀁣􀁫􀁳􀁯􀀽􀀺􀀻􀀺􀁮􀀡􀀡􀀮􀁌􀀧􀀮􀀮􀀮􀀺􀁡􀀺􀀺􀀺􀀺􀀺􀀡􀀢􀁾􀁉􀁩􀁉􀀽􀀽􀁪􀁾􀁓􀁓􀁾􀁬􀀮􀁾􀀧􀁯􀁥􀀡􀁮􀀡􀀺􀀺􀀺􀁥􀀺􀀺􀀮􀁲􀀮􀀮􀀮􀀻􀁯􀁾􀁦􀁌􀀮􀀮􀀺􀁄􀁾􀁩􀀺� �􀁳􀁾􀁴􀀺􀀡􀀺􀀮􀀮􀁲􀀺􀀡􀀺􀀺􀁩􀁣􀁴􀀢􀀭􀀬􀀬􀀬􀀭􀀮􀀡􀀺􀁎􀁯􀀽􀀠1=-the following was adopted:.... _________• WHEREAS. the Town of Addison has requested the Commissioner of District No. 1 to cooperate ·with the City under the authority granted in Article 4413 (32c) VACS (Interlocal Cooperation Act) in maintenance and improvement of streets in the City for the fiscal year 1991; and WHEREAS, the Town of Addison has agreed to reimburse Dallas County 50% of the total cost of work performed on Type "B" and TY!le "c" streets; and WHEREAS. the Town of Addison has agreed to reimburse Dallas county the total labor. equipment and .material cbsts on Type "E: streets; .and WHEREAS. the Commissioner of District No. 1 has agreed to provide the requested maintenance that may include scarifying. stabilizing, grading. patching. seal coating. pavement marking, mowing and other repairs; and WHEREAS this request concerning Type "B", Type "c" and Type "En projects according to the Dallas County Road and Bridge Policy as adopted by Court Order No. 84-659. and amended by Court Order 84-1013, is eligible for County cooperation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the commissioner of District No. 1 is hereby authorized to cooperate with the Town of Addison as described above and the County Judge is hereby authorized and directed to execute the attached City/County Agreement. .....,"""'_ day of ___""'Jan""""uary""..'-____, 1991. Lee F . STATE OF TEXAS X X COUNTY OF DALLAS X CITY/COUNTY AGREEMENT WHEREAS. the City of Addison, Texas, hereinafter called "City", and the County of Dallas, Texas, hereinafter called "County", want to enter into an annual agreement for the maintenance and improvement of city streets by the County; WHEREAS. Article 4413 (32c), Vernon's Texas civil Statutes. as amended, provides authorization for local governments to enter into intergovernmental contracts; WHEREAS, the Dallas County Commissioners' Court has adopted Court Order No. 84-659, es'tablishing the County Road and Bridge Policy and Order No. 89-1838, establishing the County Road List: NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by the City and the County upon and for the mutual consideration stated herein: PURPOSE: The terms and conditions set forth within this Agreement provide the cooperative framework for the City and the County to undertake a variety of transportation planning. engineering, design, construction, and maintenance functions. services and activities. Unless specifically delineated and defined herein, all such functions, services and activities must be approved in advance of project initiation by the Commissioners' Court of Dallas County. Such approval will require, at a minimum. project definition of scope. type, location and estimated resources required by the City and by the County. WIT N E SSE T H I. The City may request the County to perform services on the City's street system during the period from October 1, 1990, through September30, 1991. services may include improvements and maintenance of thoroughfares and bridges of major cross-country importance which are either existing or proposed or improvements and maintenance of minor (local) streets, roads, bridges and drainage facilities for a governmental entity as defined under Article 4413 (32c) VTCS, Interlocal Cooperation Act. Such work may include scarifying, stabilizing, grading, patching, seal coating, signing, pavement marking, mowing, widening. resectioning, overlaying and other repair or improvement projects. II. The City hereby agrees to reimburse to the County the total cost of all work performed (including labor, equipment, materials and administrative, costs) on Type "E" streets on a monthly basis upon billing by the County. The City agrees to reimburse to the County 50% of the total cost of work performed on Type "B" and Type "c" streets, as outlined in the current Dallas County Road and Bridge Policy. III. The City agrees to indemnify and save harmless the County from any liability or damages' the County may suffer as a result of claims, demands, costs or judgments against the county arising ,out of the performance of the work and services under this agreement or arisingfrom any accident, injury or damage whatsoever, to any person or persons, or to the property of any person(s) or corporation(sl occurring during the performance of this agreement and on or about this project, except for any liability or damages' caused by the negligence of the County, its agents, officers and/or employees. IV. The City agrees to allow the County to make routine special studies of traffic conditions within the City. These studies may include traffic counts, and measurements of speed, delay, and other factors. Any such studies conducted for County purposes and not specifically requested by the City will be at County expense. , . V. The City agrees to notify the County Department of Public Works within 30 days of any annexations or deannexations to allow the County to accurately maintain the Official Road List•. VI. Specific projects to be undertaken by the terms and conditions of this agreement must be defined and clearly detailed in scope, type, location and party or parties performing the governmental functions or services. All payments must be in amounts that fairly compensate the performing party for the services or functions performed and shall be made from current revenues available to the paying party. Specific project detail must be documented and supplied for individual project approval before the project is begun. • BILLING: All work will be billed within the first five working days after the end of the month in which it was performed. All invoices are due upon receipt. Escrowed funds are to be paid over to the County on a monthly basis under the same terms. A copy of each invoice is to be sent to the County Auditor as it it is prepared for accounts receivable control. MISCELLANEOUS: City ·and County certify that this interlocal agreement is executed in accordance with the governing provisions of the Texas Interlocal cooperation Act, as amended, and that any required separate documented approval by the County will be accomplished as a condition precedent to the execution of this agreement. -" , , The City of Addison, Texas, has executed this Agreement pursuant to duly authorized City Council Resolution No. R90-137 dated 11-27-90 The County of Dallas has executed this Agreement pursuant to Commissioners' Court Order No. 91-131 , on this 22nd day of Janua:::y, 􀁾1991. CITY OF ADDISON COUNTY OF DALLAS 􀁂􀁙􀀺􀁾􀁘􀀺􀀭􀀢􀀢􀀢􀀬􀀭􀀺􀀭􀀫􀀺􀀺􀀺􀀭􀁜􀀺􀀭______ County APPROVED AS TO FORM: Civil District Attorney RESOLUTION NO. R.90-137 A RESOLUTION BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING A YEARLY INTERLOCAL AGREEMEHT BETWEEN THE TOWN OF ADDISON AND DALLAS COUNTY FOR STREET MAINTENANCE WITHIN ADDISON. WHEREAS, the Town of Addison desires to renew the Interlocal Agreement with Dallas County for the period October 1, 1990 through September 30, 1991, for minor street repairs1 and WHEREAS, although it has been several years since the city has used county forces for actual road work, the city continues to purchase some materials from 􀁴􀁾􀁥􀁭􀀬􀀠and WHEREAS, the county is available to assist us in emergency situations, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: THAT, the City Council does hereby approve the 1991 Interlocal Agreement with Dallas County for assistance on street projects. DULY PASSED BY THE CITY COUHCIL OF THE TOWN OF ADDISON, TEXAS, this the 27th day of November, 1990. ATTEST: CITYSECTARY OFFICE OF THE CITY SECRETARY RESOLUTION NO. R90-137 ROAD &BRIDGE DISTRICT NO.1 SERVICE CENTER 2311 JOE FIELD ROAD DALLAS, TEXAS 75229 247·1735 October 24, 1986 Mr. Robin Jones Director of Streets Town of Addison P. O. Box 144 Addison, Texas 75001 SUBJECT: Available Services to City Dear Robin: Just a short letter to let you know we are trying to put together a list of projects for the years of 1987 and 1988. Enclosed is a road list with Type "B" roads highlighted for your city. If you feel the county can be of any assistance in upgrading traffic flow by the widening or reconstruction of roadways, please contact me. In your review remember Dallas County can. participate on Type "B" roads at a 50% cost sharing. The county funding 50% of .the total cost of the project could be a great savings to your city. At the same time District 1 has the capability of doing the work with county forces and equipment adding further savings. Please do not hesitate to contact us for any projects you may be considering. I am looking forward to serving the needs of your city. Michael L. Sharp Supervisor MLS:sa Enclosure CURREflT DALLAS cOUNTY ROAD LI ST Prepared by 􀁩􀁬􀁡􀁬􀁬􀁾􀁳􀀠County Public Works Oept.J.W. Bryan Oir. Tommy Phillips, Chief Cartographer See Road POlicy for detail Court Ordor 84 659 DISTRICT NO. 1 1985 MILES OF 􀁒􀁏􀁁􀁾􀀠SUB. SEC TOWN TOTAL MILEAGE TYPE-A TYPE-B 4.13 244.02 01 02 03 County of Dallas City of Oa llas Addison PAVEO GRAVEL 257.36 0.09 IVPH TOTAL 􀀹􀀮􀀳􀁾257.4 04 05 Carrollton Farmers Branch EARTH TOTAL 0.00 􀀲􀁾􀀠06 07 21 CoppellIrvingRichardson 22 30 31 32 BuckinghamUnivers ity Park Highland Park Grapevine DISTRICT NO. 1985 ROAO TYPE STREET NAME SEC SUB FROM TO P G E TOTAL 909 B Airdrome 01 02 Mockingbird Lane Lemmon Av". 0.20 0.20 101 B Allen Road 01 06 Belt Line Rd. 0.09 Mile North 0.00 0.09 0.09 101 B Allen Road 02 06 0.60 Mi. S. of Sandy Lake Rd. 0.18 Mil. North of Sandy Lake 1.38 1.38 232 B Arapaho Rd. 01 02 Oallas Parkway Coit Road 3.10 3.10 232 B Arapaho Rd. 02 21 Coi t Rd. Jupiter Rd. 5.15 5.15 103 B Audelia Rd. 01 02 Buckingham Rd. 0.50 Mi. South 0.50 0.50 859 B Avondale 01 02 Dou9las Ave. Fitzhu9h Ave. 0.60 0.60 906 a Bachman Orive 01 02 Denton Drive Starlight Rd. 0.30 0.30 106 B Belt Une Rd. 01 01 S.H. 114 Spur 635 1.10 1.10 106 A Belt Line Rd. 02 01 Spur 635 Coppell City Limit 1.30 1.30 106 B Belt Une Rd. 03 06 Callas City Limit Denton Tap Rd. 0.50 0.50 106 B aelt Line Rd. 04 06 Denton Tap Rd. Callas City Limit 0.35 0.35 106 a Belt Line Rd. 05 02 Dallas City Limit Grapevine Creek 1.40 1.40 106 a Belt Line Rd. 06 06 Grapevine Creek Coppell CHy Limit 1.55 1.55 106 A Belt Line Rd. 07 01 Coppell City Limit Elm fork (If Trinity 0.16 0.16 106 B Belt Line Rd. 08 04 Elm Fork of Trinity l.H. 35E LBO LBO 106 B Belt Line Rd. 09 04 Perry Rd. Marsh Lane 2.30 2.30 106 B Belt Line Rd. 10 03 . Marsh Lane. Dallas Parkway 2.00 2.00 106 8 Belt Une Rd. 11 02 Dallas Parkway Coit Rd. 3.30 3.30 106 B Belt Line Rd. 12 21 Coit Rd. Jupiter Rd. 5.20 5.20 825 B Bennett 01 02 Alcott Ross Ave. 0.90 0.90 567 B Bethel Rd. OJ 06 Tarrant County Line Denton Tap Rd. 2.20 2.20 917 B Blackburn 01 02 Turtle Creek Blvd. S.H. 289 0.10 0.10 257 B Brookhaven 01 OS Webb Chapel Rd. Marsh Lane 1.35 1.35 257 a Brookhaven 02 03 Marsh Lane Spring Valley Rd. 0.60 0.60 116 B Buckingham Rd. 01 21 O.OSMi. W. of Plano Rd. Jupiter Rd. 1.10 1.10 233 B campbell Rd. 01 02 Preston Rd. Coit Rd. 2.30 2.30 233 B Campbell Rd. 02 21 coit Rd. Jupiter Rd. 5.20 5.20 332 B Centennial Blvd. 0) 21 1.& N.O.Railroad Buckingham City Limit 0.55 0.55 332 B Centennial Blvd. 02 22 Buckingham City Limit Buckingham City Limit 0.50 0.50 332 B Centennial Blvd. 03 21 Buckingham City Limit Buckingham Rd. 1.00 1.00 127 B Coit Rd. 01 02 Forest Lane Spring Valley Rd. 2.15 2.15 127 B CoitRd. 02 21 Spring Valley Rd. Dallas City Limlt 2.10 2.10 127 B Coit Rd. 03 02 Dallas City Limlt Collin County Line 0.20 0.20 855 B Cole Ave. 01 02 McKinney Ave. Fitzhugh 0.90 0.90 921 B College Ave. 01 04 L H. 35E Perry Rd. 1.00 1.00 908 B Collins Blvd. 01 21 Alma Rd. Plana Rd. 1.00 1.00 12B B Coppell Rd. 01 06 0.04 Mi. S. of Bethel Rd. Bethel Rd. 0.40 0.40 12B B Coppell Rd. 02 06 Bethel Rd. Sandy Lake Rd. 1.00 1.00 12B B Coppell Rd. 03 06 Sandy Lake Rd. Tweatt Rd. 0.35 0.35 PAGE 2 ROAD TYPE STREET NAME SEC SUB FROM TO P G E TOTAL 0.30 0.30129 a Cotton Rd. 01 06 Spur 635 Esters Rd. 907 B Cride11e Rd. 01 02 Starlight Rd. Har9rove Dr; ve 0.60 0.60 134 8 Denton Tap Rd. 01 06 Denton County Line Belt Line Rd. 2.95 2.95 858 a Oouglas Ave. OJ 02 Cedar Springs Rd. Holland Ave. 0.40 0.40 322 a Esters 81vd. 01 07 Royal Lane S. H. 114 1.10 1. 10 824 8 Fi tzhugh Ave. 01 02 Hi9h1and Park City Limit M.K. &T. Railroad 0.20 0.20 323 8 Floyd Rd. 01 21 Campbe11 Rad. Collin County Line 0.60 0.60 147 B Forest Lane 01 02 Josey Lane Greenvi 11 eAve. 7.90 7.90 17B a Frances Way 01 21 Pol k Street aelt Li ne Rd. 0.40 0.40 255 8 Freeport Parkway 01 07 S. H. 114 Esters Blvd. 0.80 0.80 355 A Fyke Rd. 01 01 Josey Lane Webb Chapel Rd. 1.07 1.07 149 C Greenville Ave. 01 21 Collin County Line Campbe 11 Rd. 1. 00 1.00 149 a Greenvi 11e Ave. 02 21 Campbe 11 Rd. Restland Rd. 4.60 4.60 149 a Greenville Ave. 04 02 Loop 12 Ross Ave. 3.80 3.BO 344 B Hi l1crest Ave. 01 02 Collin County Line Loop 12 B.70 B.70 344 B Hil lcrest Ave. 02 30 NorthWest Highway Potomac Ave. 2.00 2.00 344 B Hillcrest Ave. 03 31 Potomac Ave. Abbott Ave. 0.60 0.60 552 B Inwood Rd. 02 02 Mockingbird Lane Dallas North Tollway 6.10 6. 10 552 B Inwood Rd. 03 05 Farmers Branch City Limit Addi son Ci ty Limit 1.40 1.40 552 8 Inwood Rd. 04 03 Addison City Limit aelt Une Rd. 0.50 0.50 930 A Irving Blvd. 01 01 Elm Fork Trinity River 0.11as City Limit 0.30 0.30 163 a Josey Lane 01 04 Denton County Line Ryke Rd. 3.00 3.00 163 a Josey Lane 02 05 Fyke Rd. Farmers Branch City Limit 2.60 2.60 163 B Josey Lane Ol 02 farmers Branch City Limit Forest Lane 0.20 0.20 164 a Jupiter Rd. 01 21 Buckinghame Rd. Collin County Line 3.80 3.80 165 B Keller Sprin9s Rd. 01 04 Josey Lane Addison City Limit 2.90 2.90 911 B Kelley Springfield Blvd 01 04 Belt line Rd. Denton County Line 2.70 2.70 174 B Ledbetter Rd. 01 07 Ranch Trai 1 MacArthur B1 vd. 2.20 2.20 174 a Ledbetter Rd. 02 06 􀁇􀁲􀁡􀁾􀁥􀁶􀁩􀁮􀁥􀀠Creek 0.10 Mi. W.of Coppell City Limit 0.10 0.10 174 A Ledbetter Rd. 03 01 0.10 Mi. E. of Grapevine Creek F. M. 13B2 O.BO O.BO 7B9 B Lemon Ave. 02 02 M.K. &T. Railroad Dallas North Tollway 1.30 1.30 2.90 2.90789 a Lemon Ave. 04 02 Inwood Rd. 􀁌􀁯􀁯􀁾􀀠12 895 B liVe Oak Street 02 02 Skillman Ave. aryan Parkway 0.40 0.40 904 a Lovers Lane 01 02 Lemon Ave. University Park City limit 1. 70 1. 70 904 8 Lovers Lane 02 30 University Park City Limit Boedeker Drive 2.10 2.10 904 B Lovers Lane 03 02 Boedeker Drive Abrams Rd. 1.30 1.30 179 8 Luna Rd. 01 02 Co lifornia CrOSSing Royal Lane 2.00 2.00 179 B Luna Rd. 02 05 Royal Lane Keenan Bridge Rd. 1.90 1.90 179 B Luna Rd. 03 04 Keenan Bridge Rd. F.M. 1380 2.20 2.20 234 B MacArthur 81vd. 02 07 S.H. 114 Ledbetter Rd. 4.00 4.00 182 B Marsh lane 01 02 NorthWes t Ili ghway I.H. 635 4.35 4.35 lB2 a Marsh Lane 02 05 I.H. 635 Be I t Line Rd. 2.40 2.40 182 B Marsh Lane 03 03 Belt Line Rd. St. L. SW. Railway 0.30 0.30 182 B Marsh Lane 04 04 St. L. SW. Railway Denton County Li ne 2.20 2.20 ------PAGE 3 ROAO TYPE STREET NAME SEC SUB FROM TO P G E TOTAL 848 8 Matllda Street 01 02 Wood crest Lane LaVl sta Drl'V'i! 1.10 1.70 853 8 McKinney Ave. 01 02 Abbott Ave. Fitzhugh lIve. 1.00 1.00 231 8 Midway Rd. 01 02 Loop 12 I. H. 635 4.30 4.30 231 B Midway Rd. 02 05 I.H. 635 Spring Valley Rd. 0.90 0.90 231 B Midway Rd. 03 03 Spring Valley Rd. Addison City Limit 3.00 3.00 231 B Midway Rd. 04 04 Addison City Limit Trinity Mills Rd. 0.30 0.30 347 B Mockingbird Lane 01 02 Trinity River liestside Drive 4.75 4.75 347 8 Mockingbird Lane 02 31 Westside Drive Highland Park E. City limit 2.30 2.30 347 B Mockingbird Lane 03 02 Highland ParK E. City Limit Abrams Rd. 1.60 1.60 862 B Monarch Street 01 02 Fitzhugh Ave. Henderson Ave. 0.30 0.30 571 B Moor Rd. 01 06 Belt Line Rd. Sandy la kc Rd. 1.00 1.00 351 B 0' Connor Rd. 01 07 Roya I Ln. 0.60 Mi. Southeast 0.60 0.60 193 B Old Denton Rd. 01 04 Whitlock Ave. Denton County Line 1.40 1.40 197 8 Plano Rd. 01 21 Buckingham Rd. Greenville Rd. 3.65 3.65 913 B Polk Street 01 01 21 Frances Way Sherman Street 1.10 1. 1 a 905 B Premier Row 01 02 Rega 1 Row Profi tOri ve 0.50 0.50 B74 C Preston Rd. 01 02 Royal Lane Loop 12 1.80 1.80 874 C Preston Rd. 02 30 Loop 12 University Park S.City Limit 2.00 2.00 874 B Preston Rd. 03 31 University Park S. City Umit Wycliff A,e. 1.30 1.30 874 B Preston Rd. 04 02 Wycliff Ave. . Blackburn Street 0.40 0.40 152 B Ranch Trail Rd. 01 07 Belt Lin. Rd. Ledbetter Rd. 1.70 1. 70 241 B Ranchview Drive 01 07 Ledbetter Rd. MacArthur Blvd. 0.60 0.60 201 8 Rega] Row 01 07 S.H. 356 Harry Hines Blvd. 3.10 3.10 230 A Restland Rd. 01 02 T.& N.O. Railroad Greenville Ave. 0.50 0.50 202 B Royal Lane 01 07 l.H. 635 Belt Une Rd. 3.20 3.20 202 8 Roya I Lane 02 07 Valley View Lane Elm Fork of Trinity River 2.60 2.60 202 B Royal Lane 03 05 Elm Fork of Trinity River S.f. &T. Railroad 1.00 1.00 202 B Royal Lane 04 02 S.F. &T. Railroad U. S. 75 B.50 8.50 202 9 Royal Lane 05 02 0.60 E. of U. S. 75 0.20 Mile East 0.20 0.20 206 B Sandy Lake Rd. 01 06 Coppell Rd. Carrollton City limit 3.30 3.30 206 B Sandy Lake Rd. 02 04 Carrollton City Limit Carrollton City Limit 0.10 0.10 206 B Sandy Lake Rd. 03 06 Carrollton City Limit Elm Fork of Trinity River 0.40 0.40 206 8 Sandy lake Rd. 04 02 Elm fork of Trinity River 0.30 Mi. East 0.30 0.30 206 B Sandy la ke Rd. 05 04 0.30 Mi. East of Trinity Broadway Street 1.40 1.40 915 B Sheman Street 01 21 Polk Street Bel t Line Rd. 0.05 0.05 20B B Skillman Ave. 02 02 Northwest Highway Live Oak Street 3.15 3.15 210 B Spring Valley Rd. 01 03 Marsh Lane Midway Rd. 1.00 1.00 210 B Spring Valley Rd. 02 as Midway Rd. Oallas Parkway 1.00 1.00 210 B Spring Valley Rd. 03 02 Da llas Parkway Preston Rd. 1.00 1.00 210 B Spring Valley Rd. 04 02 Preston Rd. Hughes Lane 0.20 0.20 210 B Spring Valley Rd. 05 02 0.40 Mi. W. of Hillcrest Coi t Rd. 1.50 1.50 2]0 8 Spring Valley Rd. 06 21 Coi t Rd. T. .& N. O. Railroad 1.80 1.80 929 B Southwes tern 01 06 Belt Line Rd. 0.30 Mi. West 0.30 0.30 566 C Trinity Mills Rd. 0] 04 Broadway Street Marsh Lane 4.50 4.50 566 B Trinity Mills Rd. 02 04 Marsh Lan. Voss Rd. 1.00 1.00 PAGE 4 ROAD 918 574 574 220 220 220 221 221 354 318 TYPE B B B a B B B B 8 B STREET NAME Turtle Creek Blvd. Tweat Rd. Tweat Rd. Valley View Lane Valley View Lane Valley View lane Valwood Valwood Walnut Hill Lane Walnut Restland Rd. SEC 01 0] 02 02 03 04 01 02 01 01 SUB 02 06 32 07 05 02 04 05 02 02 FROM Cedar $prlngs Rd. Coppell Rd. S. H. 121 S. H. 114 Elm fork of Trinity River I. H. 635 luna Road Carrollton City limit Spangler 0.15 Mi. E. of Abrams Rd. TO Blackburn St. S. H. 121 County Line Elm Fork of Trinity River I. H. 635 T & N.O. Railroad Carrollton City limit Webb Chapel Rd. Greenville Ave. 0.50 Mil. East P 0.70 1.00 0.20, 2.45 6.10 0.50 0.30 2.20 9.10 0.50 G E TOTAL 0./0 1.00 0.20 2.45 6.10 0.50 0.30 2.20 9.10 0.50 223 223 B B Webb Chapel Rd. Webb Chapel Rd. 01 02 02 05 CrideelJe Orive I. H. 635 I.H. 635 Belt Line Rd. 3.85 2.80 3.85 2.80 226 857 B B Whitlock Ave. Wycliff Aye. 01 01 04 02 Broadway Cedar Springs Old Denton Rd. Fitzhugh Ave. 0.50 1.10 0.50 1.10 257.36 0.09 -0257.45 TOTAL TYPE ROAD MILES TYPE A -4.13 TVPE B -244.02 TYPE C -9.30 Rady &Associates. Inc. Engineers' Architects· Planners April 30, 1991 Town of Addison 5300 Beltline Road Addison, TX 75001 Attention: John Baumgartner, P.E. RE: Addison Road/Keller Springs Rehabilitation (R&A 91009) Dear John: Rady and Associates, Inc. is pleased to have been awarded the above referenced project and we look forward to working with the Town of Addison. Please find attached two (2) copies of a signed agreement for execution by the Town of Addison. If you could return a completed copy to our office it would be greatly appreciated. Thank you again for selecting Rady and Associates for this project.Please contact me at your earliest convenience when the data we discussed becomes available. Yours very truly, 􀁾􀁺Wm. Bennett Ratliff, P.E. WBR/pb Encl. oa2-9-2 910 ColIler Street· Fort Worth. 1exas 76102' B171335-6511 • Metro 654·4266 PROFESSIONAL SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER THE 􀁣􀁩􀁾􀁓􀁏􀁾􀁳􀁁􀁾􀁾􀁉􀁾􀁧􀀺􀀺􀁅􀁾􀁾􀁾􀀡􀁳􀁭􀁡􀁤􀁥􀀠as 􀁏􀁦􀀨􀁏􀁗􀁎􀁅􀁾􀁾􀀠RAD:r AND 􀀡􀁾􀁓􀁏􀁴􀁉􀁻􀁔􀁅􀁾􀁾􀁴􀁾􀀺􀁾􀁾(ENGINEER). OWNER intends to Construct THE REHABILITATION OF ADDISON ROAD AND KELLER SPRINGS ROAD (hereinafter called the Project). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. SECTION 1 -BASIC SERVICES OF ENGINEER 1.1. General. 1.1.1. ENGINEER shall provide for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services and customary architectural services incidental thereto. 1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall: 1.2.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 1.2.2. Advise OWNER as to the necessity to OWNER's providing or obtaining from others data or services of the types described in paragraph 3.4. 1.2.3. Identify requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 1.2.4. Provide analyses of OWNER's requirements, planning surveys, site evaluations and comparative studies of prospective sites and solutions. PAGE -1 1.2.5. Estimate probable construction costs of various alternatives for the project. 1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved (including applicable requirements of governmentalauthorities having jurisdiction) and the alternative solutions available to OWNER and setting forth ENGINEER's recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties,for interest and financing charges and for other services to be providedby others for Owner pursuant to paragraphs 3.7 through 3.11, inclusive. The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs". 1.2.7. Furnish five copies of the Study and Report documents and review them with OWNER. 1.3. Preliminary Design Phase. 1.3.1. In consultation with OWNER and on the basis of the accepted Study and Report documents, determine the general scope, extent and character of the Project. 1.3.2. Prepare Preliminary Design documents consisting of final designcriteria, preliminary drawings, outline specifications and written descriptions of the Project. 1.3.3. Advise OWNER if additional data or services of the types described in paragraph 3.4 are necessary and assist OWNER in obtaining such data and services. 1.3.4. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Total Project Costs. 1.3.5. Furnish five copies of the above Preliminary Design documents and present and review them with OWNER. 1.4. Final Design Phase. 1.4.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings to show the general scope, extent, and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Drawings") and Specifications. PAGE -2 1.4.2. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in consultations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 1.4.4. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and to assist in the preparation of other related documents. 1.4.5. Furnish five copies of the above documents and of the Drawingsand Specifications and present and review them with OWNER. 1.5.Bidding or Negotiating Phase. 1.5.1. After OWNER's Review of the Contract Documents, Drawings and Specifications, assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for BiddingDocuments. 1.5.2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1.5.3. Consult with and advise OWNER as to the ENGINEER'S knowledge or opinion regarding acceptabil ity of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called "Contractors(s) ") for those portions of the work as to which such acceptability is required by the bidding Documents. 1.5.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contractors is allowed by the Bidding Documents. 1.5.5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals, for the Owner's award of contracts for construction, materials, equipment and services. PAGE -3 1.6. Construction Phase. During the Construction Phase: 1.6.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER's representative as providedin the Standard General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be extended, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions except as otherwise agreed to in writing by ENGINEER and OWNER. 1.6.2. Visits to Site and Observation of Construction. In connection with observations of the work of Contractor(s) while it is in progress: 1.6.2.1. ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessaryin order to observe observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s),work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. 1.6.2.2. The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide the OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). ENGINEER shall not, duringsuch visits or as a result of such observations of Contractor(s)' work in progress, supervi se, di rect or have control over Contractor(s)'work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure to Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. According, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. 1.6.3. Defective Work. During such visits and on the basis of such observations, ENGINEER may disapprove or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a PAGE -4 completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 1.6.4. Interpretations and Clarifications. ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 1.6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 1.6.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s),but subject to the provision of paragraph 2.2.2. 1.6.7. Inspections and Tests. ENGINEER shall have authority, as OWNER's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 1.6.8. Disputes between OWNER and Contractor. ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. OWNER agreesto defend, save, and hold Engineer harmless from any damages arising from or related to any such interpretations or decisions rendered in goodfaith. 1.6.9. Applications for Payment. Based on ENGINEER's on-site observations, and on review of applications for payment and the accompanyingdata and schedules: 1.6.9.1. ENGINEER shall recommend in writing payments to Contractor(s).In the case of unit price work, ENGINEER's recommendations of paymentwill include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1.6.9.2. By recommending any payment ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor (s)' work as it is furni shed and performed PAGE -5 beyond the responsibilities specifically assigned to ENGINEER in this Agreement. ENGINEER's review of Contractor(s)' work for the purposes of recommending payments will not impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not imposeresponsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interest or encumbrances, or that there may not be other matters at issue between OWNER and CONTRACTOR that might affect the amount that should be paid. 1.6.10. Contractor(s)' Completion Documents. ENGINEER shall receive maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are assembled byContractor{s) in accordance with the Contract Documents and shall transmit them to OWNER. 1.6.11. Inspections. ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER and the Contractor{s) that the work is acceptable (subject to anyconditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph 1.6.9.2. 1.6.12. Limitation of Responsibilities. ENGINEER shall not be responsiblefor the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor{s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGINEER's own employeesand agents) at the site or otherwise furnishing or performing any of the Contractor{s)' work; however, nothing contained in paragraphs 1.6.1 thru 1.6.11 inclusive, shall be construed to release ENGINEER from liabilityfor failure to properly perform duties and responsibilities assumed byENGINEER in the Contract Documents. SECTION 2 -ADDITIONAL SERVICES OF ENGINEER 2.1. Services Requiring Authorization in Advance. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs 2.1.1. through2.1.14, inclusive. These services are not included as part of Basic Services; these will be paid for by OWNER as indicated in Section 5. PAGE -6 2.1.1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of anysuch statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or other information furnished by OWNER. 2.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. 2.1.4. Providing renderings or models for OWNER's use. 2.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 2.1.6. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 2.1.7. Furnishing services of independent professional associates and consultants for other than Basic Services (which include, but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto); and providing data or services of the types described in paragraph 3.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. 2.1.B. If ENGINEER's compensation is on the basis of a percentage of Construction Cost, services resulting from the award of more separateprime contracts for construction, materials or equipment for the Project than are contemplated by paragraph 5.1.1.2. If ENGINEER's compensationis on the basis of a percentage of Construction Cost and ENGINEER has PAGE -7 been required to prepare Contract Documents on the assumption that more than one prime contract will be awarded for construction, materials and equipment, but only one prime contract is awarded for construction, materials and equipment for the Project, services attributable to the preparation of contract documentation that was rendered unusable and any revisions or additions to contract documentation used that was necessitated by the award of only one prime contract. 2.1.9. Services during the out-of-town travel required of ENGINEER other than visits to the site or OWNER's office as required by Section 1. 2.1.10. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. 2.1.11. Providing any type of property surveys or related engineeringservices needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other specialfield surveys. 2.1.12. Preparation of operating, maintenance and staffing manuals to supplement Basic Services. 2.1.13. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Basic Services under paragraphs 1.2.3 and 1.4.2). 2.1.14. Additional services in connection with the Project, includingservices which are to be furnished by OWNER in accordance with Article 3, and services not otherwise provided for in this Agreement. 2.2. Required Additional Services. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall furnish or obtain from others, as circumstances require during construction and without waiting for specific authorization from OWNER, Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6, inclusive. These services are not included as part of Basic Services. ENGINEER shall advise OWNER promptly after starting anysuch Additional Services which will be paid for by OWNER as indicated in Section 5. 2.2.1. Services in connection with work directive changes and changeorders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 2.2.2. Services in making revisions to Drawings and Specificationsoccasioned by the acceptance of SUbstitutions proposed by Contractor(s). PAGE -B 2.2.3. Services resulting from significant delays, changes or priceincreases occurring as a direct or indirect result of material, equipmentor energy shortages. 2.2.4. Additional or extended services during construction made necessaryby (1) work damaged by fire or other cause during construction, (2) acceleration of the progress schedule involving services beyond normal workinghours, and (3) default by any Contractor. 2.2.5. Services in connection with any partial utilization of any partof the Project by OWNER prior to Substantial Completion. 2.2.6. Services and expenses in connection with furnishing contract documents, final design drawings and specifications required in the bidding and negotiating phase and the construction phase, in excess of ten (10) sets. SECTION 3 -OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1. Designate a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Agreement. Such person shall have complete authority to transmit instructions, receive information, interpretand define OWNER'S policies and decisions with respect to ENGINEER's services for the Project. 3.2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space,capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and anyother data relative to design or construction of the Project. 3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services, the following: 3.4.1. data prepared by or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; 3.4.2. appropriate professional interpretations of all of the foregoing; 3.4.3. environmental assessment and impact statements; 3.4.4. property, boundary, easement, right-of-way, topographic and utility surveys; PAGE -9 3.4.5. property descriptions; 3.4.6. zoning, deed and other land use restriction; and 3.4.7. other special data or consultations not covered in Section 2; all of which ENGINEER may use and rely upon in performing services under this Agreement. 3.5. Provide engineering surveys to establish reference points for construction to enable Contractor(s) to proceed with the layout of the work. 3.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to performservices under this Agreement. 3.7. Examine all studies, reports, sketches, Drawings, Specifications,proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertainingthereto within a reasonable time so as not to delay the services of ENGINEER. 3.8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 􀀳􀁾􀀹􀀮􀀠Provide such accounting, independent cost estimating and insurance counselling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may requireto ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 3.10. If OWNER designates a person to represent OWNER at the site who is not ENGINEER or ENGINEER's agent or employee, the duties, responsibilitiesand limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11. If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. PAGE -10 3.12. Furnish the ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to paragraphs 3.7 and 3.11, inclusive and other costs of the types referred to in paragraph 1.2.6) so that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. 3.13. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or non-conformance in the work of any Contractor. 3.15. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.16. Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 -PERIODS OF SERVICE 4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's services provided for in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder wi 11 extend for a period which mayreasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and requiredextensions thereto. 4.2. The services called for in the Study and Report Phase will be completed and the Report submitted within a period agreed between OWNER and ENGINEER. 4.3. After acceptance by OWNER of the Study and Report Phase documents indicating any specific modifications or changes in the general scope, extent or character of the Project desired by OWNER, ENGINEER shall proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a revised opinion of probable Total Project Costs. 4.4. After acceptance by OWNER of Preliminary Design Phase documents and revised opinion of probable Total Project Costs, indicating any specificmodifications or changes in the general scope, extent or character of the Project desired by OWNER, ENGINEER shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Project. PAGE -11 4.5. ENGINEER's services under the Study and Report Phase, PreliminaryDesign Phase and Final Design Phase shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.6. After acceptance by OWNER of the ENGINEER's Drawings, Specificationsand other Final Design Phase documentation including the most recent opinion of probable Total Project Costs, ENGINEER shall proceed with performance of the services called for in the Bidding or NegotiatingPhase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors(s). 4.7. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written recommendation by ENGINEER of final payment on the last prime contract to be completed. Construction Phase services may be rendered at different times in respect to separateprime contracts if the Project involves more than one prime contract. 4.8. If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ENGINEER's services shall be equitably adjusted. 4.9. If the Construction Phase has not commenced within ninety (90)calendar days after completion of the Final Design Phase, ENGINEER may,after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.10. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.2. If such delay or suspension extends for more than one (1) year for reasons beyond ENGINEER's control, or if ENGINEER for any reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than one year after Substantial Completion is achieved under that contract, the various rates of compensation provided for in this Agreementshall be subject to equitable adjustment. 4.11. In the event that the work designed or specified by ENGINEER is to be furnished or performed under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, PAGE -12 Bidding and Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently. SECTION 5 -PAYMENTS TO ENGINEER 5.1. Methods of Payment for Services and Expenses of ENGINEER. 5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Section 1 as follows: 5.1.1.1. One Prime Contract. If only one prime contract is awarded for construction, materials and equipment for the Project, the fee for such Basic Services shall be determined on an hourly basis utilizingthe rates shown in paragraph 5.4.1 plus applicable direct expenses, with the total fee for such Basic Services not to exceed $22,500.00. 5.1.1.2. Several Prime Contracts. If more than one separate prime contract is awarded for construction, materials and equipment for the Project, services deemed necessary by the ENGINEER to facilitate the award of the second and subsequent prime contracts shall be considered Additional Services and the fee determined as identified in paragraph 5.1.2. 5.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services rendered under Section 2 as follows: 5.1.2.1. General. For Additional Services of ENGINEER's principalsand employees engaged directly on the Project and rendered pursuant to paragraph 2.1 or 2.2, on the basis of ENGINEER's hourly rates as defined in paragraph 5.4.1. 5.1.2.2. Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services pursuant to paragraph 2.1 or 2.2, the amount billed to ENGINEER therefor times a factor of 1.1. 5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1. and 5.1.2, OWNER shall pay ENGINEER the actual cost times a factor of 1.1 for all Reimbursable Expenses incurred in connection with all Additional Services. 5.1.4. Construction Costs. As used in this paragraph 5.1, the terms "Hourly Rates" and "Reimbursable Expenses" have the meanings assigned to them in paragraph 5.4, and the term "Construction Cost" has the meaningassigned to it in paragraph 6.1. When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER: PAGE -13 5.1.4.1. For completed construction work, the total cost of all work performed as designed or specified by ENGINEER. 5.1.4.2. For work designed or specified but not constructed, the lowest bona fide bid received from a qual ified bidder for such work. 5.1.4.3. For work designed or specified but not constructed uponwhich no such bid is received, ENGINEER's most recent opinion of probable Construction Cost. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices. No deduction is to be made from Construction Costs on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s). 5.2. Times of Payments. 5.2.1. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of bi 11ing. OWNER shall make prompt month1 y payments in response to ENGINEER's monthly statements. 5.3. Other Provisions Concerning Payments. 5.3.1. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after givingseven days' written notice to OWNER, suspend services under this Agreementuntil ENGINEER has been paid in full amounts due for services, expensesand charges. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly on the Project. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable Expenses directly attributable to termination, which, if termination is at Owner's convenience, shall include contract damages provided by law. PAGE -14 5.4. Definitions. 5.4.1. The hourly rates used as a basis for payment for the time of all ENGINEER's personnel engaged directly on the Project are as follows: Principal $100.00 Project Manager $80.00 Senior Engineer $70.00 Senior Architect $70.00 Engineer $60.00 Architect $60.00 Designer $55.00 Technician $50.00 Draftsman $35.00 Clerical $30.00 Survey Party (3 man) $150.00 Computer Usage $25.00 5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items. SECTION 6 -CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counselling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided byothers to OWNER pursuant to paragraphs 3.7 through 3.11, inclusive. [Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph 1.2.6.] 6.2. Opinions of Cost. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for for herein represent ENGINEER's best judgment as an experiencedand qualified professional engineer, but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction PAGE -15 Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. SECTION 7 -GENERAL CONSIDERATION 7.1. Termination. The obligations under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of SUbstantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 7.2. Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professionalassociates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3. Insurance. 7.3.1. ENGINEER shall procure and maintain Worker's Compensation and Employer's Liability Insurance for protection from claims under the workers' compensation act. 7.3.2. To the extent that professional liability insurance is and remains available at commercially reasonable rates, ENGINEER will maintain Professional Liabi lity Insurance to protect the OWNER from damages, loss or 1iabi lity arising out of the performance of professional services under this Agreement. Such coverage shall be in the sum of not less than ONE MILLION DOLLARS ($1,000,000.00). PAGE -16 7.3.3. Upon written request of OWNER received within thirty (30) days of the acceptance hereof, ENGINEER will provide Professional Liability Insurance additional to the amount of coverage stated in paragraph 7.3.2, if available, and the OWNER will reimburse ENGINEER for the costs incurred by ENGINEER in obtaining such increased coverage. To the fullest extent permitted by law, OWNER agrees that ENGINEER's liability to OWNER for any damages, losses, injuries, claims, liability, or indemnity commitments arising in any way out of ENGINEER's performance of this Agreement, including but not limited to, ENGINEER's negligency, errors, omissions, strict liability, breach of contract or breach of warranty, is limited to the amount of coverage stated in paragraph 7.3.2 unless OWNER shall elect to request that additional coverage be purchased in accordance with the provisions herein. In no event shall ENGINEER be liable for any indirect, special or consequential loss or damage arising out of services hereunder, including but not limited to loss of use, loss of profit or business interruption, whether caused by ENGINEER, or otherwise, and, to the fullest extent permitted by law OWNER shall indemnify and hold ENGINEER harmless from any such damages or liability. 7.4. Indemnification for Hazardous Waste and Asbestos. 7.4.1. In consideration of the unavailability of professional liability insurance for services involving or relating to hazardous waste elements of this agreement, or the removal or encapsulation of asbestos, it is further agreed that the OWNER shall indemnify and hold harmless ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by ENGINEER, or claims against ENGINEER related to hazardous waste or asbestos activities. 7.4.2. This indemnification provision extends to claims against ENGINEER which arise out of, are related to, or are based upon the disposal, discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or watercourse, (c) objects, or (d) any tangible or intangible matter, whether sudden or not. 7.5. Severability and Reformation. 7.5.1. Any provision or part thereof of this agreement held to be void or unenforceable under any law shall be deemed stricken, and all remainingprovisions shall continue to be valid and binding upon the parties. The parties agree that this agreement shall be reformed to replace such stricken provi s i on or part thereof wi th a va lid and enforceable provi s i on or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. PAGE -17 7.6. Controlling Law. Thi s Agreement is to be governed by the 1aws of the State of Texas. 7.7. Successors and Assigns. 7.7.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.7.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legalrepresentatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.7.2. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.7.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. SECTION 8 -SPECIAL PROVISIONS. EXHIBITS and SCHEDULES 8.1. The following Exhibits are attached to and made a part of this Agreement: 8.1.1. Exhibit A "Scope of Work" consisting of _1_ page. 8.2. THIS AGREEMENT (consisting of pages 1 to 19, inclusive) together with the Exhibits and Schedules identified above, constitutes the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified, or canceled by a duly executed written instrument. THE OWNER AND ENGINEER EACH ACKNOWLEDGE BY THE EXECUTION OF THIS AGREEMENT THAT NEITHER THE OWNER NOR THE ENGINEER HAS MADE ANY ANY REPRESENTATIONS OR HAS MADE ANY EXPRESSED OR IMPLIED WARRANTIES NOT CONTAINED IN THIS AGREEMENT. PAGE -18 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ENGINEER: Address for giving notices: 80. PPx It/xas 76102 •8171335-6511 • Metro 654·4266 City of Addison Page 2. B. Review draft plans and contract documents with the Addison Citystaff and incorporate or otherwise address review comments. 9. Assist the City of Addison in the advertisement for bids, response to contractor questions, bid opening and tabulation and recommendation of award. Because of the uncertainties with regard to the level of involvement that will be required by Rady and Associates' personnel during construction due to contractor coordination, contract time and overa11 contract schedule, we have not proposed that construction responsibilities be included in the basic fee. We propose to perform construction administration on an as-needed basis at the contracted hourly rates proposed herein. For the above referenced scope of services, we have estimated the required number of manhours for each task as indicated on the attached breakdown. As a result, we estimate our fee not to exceed $22,500.00, and the time necessary to complete the design of the project to be 30 days from the date we are notified to proceed. Rady and Associates, Inc. proposes to bill these services on a monthlybasis based upon actual hours of services performed by each classification of personnel. Current hourly rates as proposed for this project are as follows: Principal $100.00/hour Project Manager BO.OO/hour Senior Engineer 70.00/hour Engineer 50.DO/hour Technician 50.00/hour Draftsman 35.00/hour Clerical 30.00/hour Computer 25.00/hour Direct expenses incurred during the execution of this project will be invoiced at cost times a mu1tiPlier of 1.1 for such items as pri nti ng,mileage, supplies, etc. Please find attached a draft contract for Engineering Services for yourreview and approval if deemed appropriate. City of Addison Page 3. Again, we are pleased to be given the opportunity to present this proposal to the City of Addison and are excited about the possibility of workingwith you on this project. If you would like to discuss this proposal further or if you have any questions or comments, please do not hesitate to contact us. Yours very truly, RADY AND ASSOCIATES, INC. Derrell Johnson, 􀁐􀀮􀁅􀀮􀁾􀀠􀁾􀁤􀀱􀁭􀀠Wm. Bennett Ratliff, P.E. DJ/WBR/pb Encl. oa-l0-28 RADY AND ASSOCIATES, INC. PROJECT PLANNING SHEET DATE 20·MAR·1991 04:01:16 PH CLIENT· CITY OF ADDISON, TEXAS PHASE· PROPOSAL PROJECT· ADDISON ROAD I KELLER SPRINGS REHABILITATION R&A NO • PHASE COMPLETION 30 DAYS TASK TASK ········································STAFF· ••••••••.•••.•.......... TOTAL NUMBER DESCRIPTION PRIN VP ENG CLER IIBR UB BKY CMPTR HOURS 1 2 Project Administration Cl lent Meetings 4 0 8 0 4 0 8 8 0 4 0 0 0 0 0 0 0 0 24 12 3 Data Collection 0 0 0 3 4 0 0 0 0 7 4 Site Survey 0 0 0 0 8 8 0 0 0 16 5 6 7 Plan Preparation (6 Shts) construction Phasing Plans Detai La 0 0 0 4 2 0 0 0 0 8 4 2 32 16 8 60 16 16 0 0 0 0 0 0 0 0 0 104 3B 26 8 9 10 Specificatioos Internal Review & Corrections Client Review &Corrections 0 4 0 2 8 0 8 2 2 4 4 6 20 8 8 2 8 12 2 0 0 0 0 0 0 0 0 38 34 28 11 Bid & Award 0 0 4 16 0 0 0 0 0 20 􀂥􀂥􀀢􀀮􀁾􀀮􀀠__ 􀁾􀀠__ 􀁾􀁾􀁾􀀠•••• ___ ••• __ •• 􀁾􀁾__ •• 􀁾􀁾􀀠__ •• __ •• __ ••• __ « ____ « __________________ 􀁾􀀠__ 􀁍􀁍􀁾􀁾􀁟􀀮􀀠SUBTOTAL HOURS 8 24 20 63 108 122 2 0 0 347 PROFESSIONAL SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER THIS IS AN AGREEMENT made as of-====-_ :-::-=-:-::-::7.' 19 between THE CITY OF ADDISON. TEXAS (OWNER) and RADY AND ASSOCIATES, INC. (ENGINEER). OWNER intends to Construct THE REHABILITATION OF ADDISON ROAD AND KELLER SPRINGS ROAD (hereinafter called the Project). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. SECTION 1 -BASIC SERVICES OF ENGINEER 1.1. General. 1.1.1. ENGINEER shall provide for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services and customary architectural services incidental thereto. 1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall: 1.2.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 1.2.2. Advise OWNER as to the necessity to OWNER's providing or obtainingfrom others data or services of the types described in paragraph 3.4. 1.2.3. Identify requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 1.2.4. Provide analyses of OWNER's requirements, planning surveys, site evaluations and comparative studies of prospective sites and solutions. PAGE -1 1.2.5. Estimate probable construction costs of various alternatives for the project. 1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations i nvo1ved (inc luding appl icabl e requi rements of governmental authorities having jurisdiction) and the alternative solutions available to OWNER and setting forth ENGINEER's recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner pursuant to paragraphs 3.7 through 3.11, inclusive. The The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs". 1.2.7. Furnish five copies of the Study and Report documents and review them with OWNER. 1.3. Preliminary Design Phase. 1.3.1. In consultation with OWNER and on the basis of the accepted Study and Report documents, determine the general scope, extent and character of the Project. 1.3.2. Prepare Preliminary Design documents consisting of final design criteria, prel iminary drawings,· outline specifications and written descriptions of the Project. 1.3.3. Advise OWNER if additional data or services of the types described in paragraph 3.4 are necessary and assist OWNER in obtaining such data and services. 1.3.4. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Total Project Costs. 1.3.5. Furnish five copies of the above Preliminary Design documents and present and review them with OWNER. 1.4. Final Design Phase. 1.4.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings to show the general scope, extent, and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Drawings") and Specifications. PAGE -2 1.4.2. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in consultations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the latest opinion of probableTotal Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 1.4.4. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and to assist in the preparation of other related documents. 1.4.5. Furnish five copies of the above documents and of the Drawingsand Specifications and present and review them with OWNER. 1.5.Bidding or Negotiating Phase. 1.5.1. After OWNER's Review of the Contract Documents, Drawings and Specifications, assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 1.5.2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1.5.3. Consult with and advise OWNER as to the ENGINEER'S knowledge or opinion regarding acceptabi 1 ity of subcontractors, suppl iers and other persons and organizations proposed by the prime contractor(s) (herein called "Contractors(s)") for those portions of the work as to which such acceptability is required by the bidding Documents. 1.5.4. Consult with OWNER concerning and determine the acceptability of substitute materi a 1 sand equiPlltent proposed by Contractor(s) when substitution prior to the award of contractors is allowed by the BiddingDocuments. 1.5.5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals, for the Owner's award of contracts for construction, materials, equipment and services. , 􀁾􀀠, ) PAGE -3 1.6. Construction Phase. During the Construction Phase: 1.6.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be extended, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions except as otherwise agreed to in writing by ENGINEER and OWNER. 1.6.2. Visits to Site and Observation of Construction. In connection with observations of the work of Contractor(s) while it is in progress: 1.6.2.1. ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)'work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. 1.6.2.2. The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide the OWNER a greater degreeof confidence that the completed work of Contractor(s) wi 11 conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). ENGINEER shall not, duringsuch visits or as a result of such observations of Contractor(s)' work in progress, supervi se, direct or have control over Contractor(s)'work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure to Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. According, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsi bi 1 i ty for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. 1.6.3. Defective Work. During such visits and on the basis of such observations, ENGINEER may disapprove or reject Contractor(s), work while it is in progress if ENGINEER believes that such work will not produce a PAGE -4 completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 1.6.4. Interpretations and Clarifications. ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 1.6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 1.6.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2. 1.6.7. Inspections and Tests. ENGINEER shall have authority, as OWNER's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 1.6.B. Di sputes between OWNER and Contractor. ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. OWNER agrees to defend, save, and hold Engineer harmless from any damages arising from or related to any such interpretations or decisions rendered in good faith. 1.6.9. Applications for Payment. Based on ENGINEER's on-site observations, and on review of applications for payment and the accompanying data and schedules: 1.6.9.1. ENGINEER shall recommend in writing payments to Contractor(s). In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1.6.9.2. By recommending any payment ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed PAGE -5 beyond the responsibilities specifically assigned to ENGINEER in this Agreement. ENGINEER's review of Contractor(s)' work for the purposes of recommending payments will not impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interest or encumbrances, or that there may not be other matters at issue between OWNER and CONTRACTOR that might affect the amount that should be paid. 1.6.10. Contractor(s), Completion Documents. ENGINEER shall receive maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are assembled by Contractor(s) in accordance with the Contract Documents and shall transmit them to OWNER. 1.6.11. Inspections. ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER and the Contractor(s) that the work is acceptable (subject to anyconditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph .1.6.9.2. 1.6.12. Limitation of Responsibilities. ENGINEER shall not be responsiblefor the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other other persons (except ENGINEER's own employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in paragraphs 1.6.1 thru 1.6.11 inclusive, shall be construed to release ENGINEER from liability for fai lure to properly perform duties and responsibil Hies assumed by ENGINEER in the Contract Documents. 2.1. Services Requiring Authorization in Advance. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs 2.1.1. through2.1.14, inclusive. These services are not included as part of Basic Services; these will be paid for by OWNER as indicated in Section 5. PAGE -6 2.1.1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of anysuch statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipatedenvironmental impact of the Project. 2.1.2. Services to make measured drawings of or to investigate existingconditions or facilities, or other information furnished by OWNER. 2.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. 2.1.4. Providing renderings or models for OWNER's use. 2.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 2.1.6. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibil ity studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detai led quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed performed by OWNER. 2.1.7. Furnishing services of independent professional associates and consultants for other than Basic Services (which include, but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto); and pro-" viding data or services of the types described in paragraph 3.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. 2.1.8. If ENGINEER's compensation is on the basis of a percentage of Construction Cost, services resulting from the award of more separateprime contracts for construction, materials or equipment for the Project than are contemplated by paragraph 5.1.1.2. If ENGINEER's compensation is on the basis of a percentage of Construction Cost and ENGINEER has PAGE -7 been required to prepare Contract Documents on the assumption that more than one prime contract will be awarded for construction, materials and equipment, but only one prime contract is awarded for construction, materials and equipment for the Project, services attributable to the preparation of contract documentation that was rendered unusable and any revisions or additions to contract documentation used that was necessitated by the award of only one prime contract. 2.1.9. Services during the out-of-town travel required of ENGINEER other than visits to the site or OWNER's office as required by Section 1. 2.1.10. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. 2.1.11. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other special field surveys. 2.1.12. Preparation of operating, maintenance and staffing manuals to supplement Basic Services. 2.1.13. Preparing to serve or serving as a consultant or witness for OWNER in any 1itigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Basic Services under paragraphs 1.2.3 and 1.4.2). 2.1.14. Additional services in connection with the Project, includingservices which are to be furnished by OWNER in accordance with Article 3, and services not otherwise provided for in this Agreement. 2.2. Required Additional Services. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall furnish or obtain from others, as circumstances require during construction and without waiting for specific authorization from OWNER, Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6, inclusive. These services are not included as part of Basic Services. ENGINEER shall advise OWNER promptly after starting anysuch Additional Services which will be paid for by OWNER as indicated in Section 5. 2.2.1. Services in connection with work directive changes and changeorders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 2.2.2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s). PAGE -8 2.2.3. Services resulting from significant delays, changes or priceincreases occurring as a direct or indirect result of material, equipment or energy shortages. 2.2.4. Additional or extended services during construction made necessaryby (1) work damaged by fire or other cause during construction, (2) acceleration of the progress schedule involving services beyond normal workinghours, and (3) default by any Contractor. 2.2.5. Services in connection with any partial utilization of any partof the Project by OWNER prior to Substantial Completion. 2.2.6. Services and expenses in connection with furnishing contract documents, final design drawings and specifications required in the bidding and negotiating phase and the construction phase, in excess of ten (lO) sets. SECTION 3 -OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1. Designate a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpretand define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 3.2. Provide all criteria and full information as to OWNER's requirementsfor the Project, including design objectives and constraints, space,capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawingsand Specifications. 3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and anyother data relative to design or construction of the Project. 3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services, the following: 3.4.1. data prepared by or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; 3.4.2. appropriate professional interpretations of all of the foregoing; 3.4.3. environmental assessment and impact statements; 3.4.4. property, boundary, easement, right-of-way, topographic and utility surveys; PAGE -9 3.4.5. property descriptions; 3.4.6. zoning, deed and other land use restriction; and 3.4.7. other special data or consultations not covered in Section 2; all of which ENGINEER may use and rely upon in performing services under this Agreement. 3.5. Provide engineering surveys to establish reference points for construction to enable Contractor(s} to proceed with the layout of the work. 3.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to performservices under this Agreement. 3.7. Examine all studies, reports, sketches, Drawings, Specifications,proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such. examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.8. Furnish approvals and permits from all governmental authorities having jurisdiction over the the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.9. Provide such accounting, independent cost estimating and insurance counselling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s}, such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s} are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 3.10. If OWNER designates a person to represent OWNER at the site who is not ENGINEER or ENGINEER's agent or employee, the duties, responsibilitiesand limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11. If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. PAGE -10 3.12. Furnish the ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to paragraphs 3.7 and 3.11, inclusive and other costs of the types referred to in paragraph 1.2.6) so that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. 3.13. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or non-conformance in the work of any Contractor. 3.15. Furnish, or direct ENGINEER to provide, Additional Services as stipu1 ated in paragraph 2.1 of thi s Agreement or other services as requi red. 3.16. Bear all costs incident to compl iance with the requirements of this Section 3. SECTION 4 -PERIODS OF SERVICE 4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's services provided for in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which mayreasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. 4.2. The services called for in the Study and Report Phase will be completed and the Report submitted within a period agreed between OWNER and ENGINEER. 4.3. After acceptance by OWNER of the Study and Report Phase documents indicating any specific modifications or changes in the general scope, extent or character of the Project desired by OWNER, ENGINEER shall proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a revised opinion of probable Total Project Costs. 4.4. After acceptance by OWNER of Preliminary Design Phase documents and revised opinion of probable Total Project Costs, indicating any specificmodifications or changes in the general scope, extent or character of the Project desired by OWNER, ENGINEER shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Project. PAGE -11 4.5. ENGINEER's services under the Study and Report Phase, Preliminary Design Phase and Final Design Phase shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.6. After acceptance by OWNER of the ENGINEER's Drawings, Specificationsand other Final Design Phase documentation including the most recent opinion of probable Total Project Costs, ENGINEER shall proceed with performance of the services called for in the Bidding or NegotiatingPhase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors(s). 4.7. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written recommendation by ENGINEER of final payment on the last prime contract to be completed. Construction Phase services may be rendered at different times in respect to separate prime contracts if the Project involves more than one prime contract. 4.8. If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performanceof ENGINEER's services shall be equitably adjusted. 4.9. If the Construction Phase has not commenced within ninety (90)calendar days after completion of the Final Design Phase, ENGINEER may,after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.10. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.2. If such delay or suspension extends for more than one (1) year for reasons beyond ENGINEER's control, or if ENGINEER for any reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than one year after Substantial Completion is achieved under that contract, the various rates of compensation provided for in this Agreementshall be subject to equitable adjustment. 4.11. In the event that the work designed or specified by ENGINEER is to be furnished or performed under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, PAGE -12 Bidding and Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently. SECTION 5 -PAYMENTS TO ENGINEER 5.1. Methods of Payment for Services and Expenses of ENGINEER. 5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Section 1 as follows: 5.1.1.1. One Prime Contract. If only one prime contract is awarded for construction, materials and equipment for the Project, the fee for such Basic Services shall be determined on an hourly basis utilizingthe rates shown in paragraph 5.4.1 plus applicable direct expenses, with the total fee for such Basic Services not to exceed $22,500.00. 5.1.1.2. Several Prime Contracts. If more than one separate prime contract is awarded for construction, materials and equipment for the Project, services deemed necessary by the ENGINEER to facilitate the award of the second and subsequent prime contracts shall be considered Additional Services and the fee determined as identified in paragraph 5.1.2. 5.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services rendered under Section 2 as follows: 5.1.2.1. General. For Additional Services of ENGINEER's principalsand employees engaged directly on the Project and rendered pursuant to paragraph 2.1 or 2.2, on the basis of ENGINEER's hourly rates as defined in paragraph 5.4.1. 5.1.2.2. Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services pursuant to paragraph 2.1 or 2.2, the amount billed to ENGINEER therefor times a factor of 1.1. 5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1. and 5.1.2, OWNER shall pay ENGINEER the actual cost times a factor of 1.1 for all Reimbursable Expenses incurred in connection with all Additional Services. 5.1.4. Construction Costs. As used in this paragraph 5.1, the terms "Hourly Rates" and "Reimbursable Expenses" have the meanings assigned to them in paragraph 5.4, and the term "Construction Cost" has the meaningassigned to it in paragraph 6.1. When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER: PAGE -13 5.1.4.1. For completed construction work, the total cost of all work performed as designed or specified by ENGINEER. 5.1.4.2. For work designed or specified but not constructed, the lowest bona fide bid received from a qualified bidder for such work. 5.1.4.3. For work designed or specified but not constructed upon which no such bid is received, ENGINEER's most recent opinion of probable Construction Cost. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices. No deduction is to be made from Construction Costs on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s}. 5.2. Times of Payments. 5.2.1. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGINEER's monthly statements. 5.3. Other Provisions Concerning Payments. 5.3.1. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER wi 11 be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreementuntil ENGINEER has been paid in full amounts due for services, expensesand charges. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly on the Project. In the event of any such termination, ENGINEER also will be reimbursed for the chargesof independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable Expenses directly attributable to termination, which, if termination is at Owner's convenience, shall include contract damages provided by law. PAGE -14 5.4. Definitions. 5.4.1. The hourly rates used as a basis for payment for the time of all ENGINEER's personnel engaged directly on the Project are as follows: Principal $100.00 Project Manager $80.00 Senior Engineer $70.00 Senior Architect $70.00 Engineer $60.00 Architect $60.00 Designer $55.00 Technician $50.00 Draftsman $35.00 Clerical $30.00 Survey Party (3 man) $150.00 Computer Usage $25.00 5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposalsfrom Contractor(s); subsistence and transportation toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items. SECTION 6 -CONSTRUCTION COsT AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counselling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided byothers to OWNER pursuant to paragraphs 3.7 through 3.11, inclusive. [Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph 1.2.6.] 6.2. Opinions of Cost. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein represent ENGINEER's best judgment as an experiencedand qualified professional engineer, but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction PAGE -15 Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. SECTION 7 -GENERAL CONSIDERATION 7.1. Termination. The obligations under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 7.2. Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respectof the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professionalassociates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3. Insurance. 7.3.1. ENGINEER shall procure and maintain Worker's Compensation and Employer's Liability Insurance for protection from claims under the workers' compensation act. 7.3.2. To the extent that professional liability insurance is and remains available at commercially reasonable rates, ENGINEER will maintain Professional Liability Insurance to protect the OWNER from damages, loss or' liability arising out of the performance of professional services under this Agreement. Such coverage shall be in the sum of not less than ONE MILLION DOLLARS ($1,000,000.00). PAGE -16 7.3.3. Upon written request of OWNER received within thirty (30) days of the acceptance hereof, ENGINEER will provide Professional LiabilityInsurance additional to the amount of coverage stated in paragraph 7.3.2, if available, and the OWNER will reimburse ENGINEER for the costs incurred by ENGINEER in obtaining such increased coverage. To the fullest extent permitted by law, OWNER agrees that ENGINEER's liability to OWNER for anydamages, losses, injuries, claims, liability, or indemnity commitments arising in any way out of ENGINEER's performance of this Agreement,including but not limited to, ENGINEER's negligency, errors, omissions, strict liability, breach of contract or breach of warranty, is limited to the amount of coverage stated in paragraph 7.3.2 unless OWNER shall elect to request that additional coverage be purchased in accordance with the provisions herein. In no event shall ENGINEER be liable for any indirect, special or consequential loss or damage arising out of services hereunder, including including but not limited to loss of use, loss of profit or business interruption, whether caused by ENGINEER, or otherwise, and, to the fullest extent permitted by law OWNER shall indemnify and hold ENGINEER harmless from any such damages or.liability. 7.4. Indemnification for Hazardous Waste and Asbestos. 7.4.1. In consideration of the unavailability of professional liabilityinsurance for services involving or relating to hazardous waste elements of this agreement, or the removal or encapsulation of asbestos, it is further agreed that the OWNER shall indemnify and hold harmless ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages,including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by ENGINEER, or claims against ENGINEER related to hazardous waste or asbestos activities. 7.4.2. This indemnification provision extends to claims against ENGINEER which ari se out of, are related to, or are based upon the disposal,discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or watercourse, (c) objects, or (d) any tangible or intangible matter, whether sudden or not. 7.5. Severability and Reformation. 7.5.1. Any provision or part thereof of this agreement held to be void or unenforceable under any law shall be deemed stricken, and all remainingprovisions shall continue to be valid and binding upon the parties. The parties agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision or partthereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. PAGE PAGE -17 7.6. Controlling Law. This Agreement is to be governed by the laws of the State of Texas. 7.7. Successors and Assigns. 7.7.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.7.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreementand to the partners, successors, executors, administrators and legalrepresentatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.7.2. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignorfrom any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independentprofessional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.7.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreementwill be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. SECTION 8 􀁾.. SPECIAL PROVISIONS. EXHIBITS and SCHEDULES 8.1. The following Exhibits are attached to and made a part of this Agreement: 8.1.1. Exhibit A "Scope of Work" consisting of page. 8.2. THIS AGREEMENT (consisting of pages 1 to 19, inclusive) together with the Exhibits and Schedules identified above, constitutes the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules mayonly be amended, supplemented, modified, or canceled by a duly executed written instrument. THE OWNER AND ENGINEER EACH ACKNOWLEDGE BY THE EXECUTION OF THIS AGREEMENT THAT NEITHER THE OWNER NOR THE ENGINEER HAS MADE ANY REPRESENTATIONS OR HAS MADE ANY EXPRESSED OR IMPLIED WARRANTIES NOT CONTAINED IN THIS AGREEMENT. PAGE -18 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: RADY &ASSOCIATES, INC. BY:_________ BY: Address for giving notices: Address for giving notices: 910 Collier Street Fort Worth, TX 76102 oa2-7-1 3-21-91 PAGE -19 EXHIBIT "A" SCOPE OF WORK 1. Collect available data relative to Addison Road and Keller SpringsRoad including construction plans, utility plans and utility company maps. 2. Perform a visual survey of the project to determine if collected data is complete and of an accuracy appropriate for the project. 3. Prepare plans of the project reflecting in plan view the valve boxes, manholes and traffic signal loop detectors to be adjusted/replacedand proposed permanent pavement markings. 4. Prepare construction phasing plans indicating project phasing during milling, utility 􀁡􀁤􀁪􀁵􀁾􀁴􀁭􀁥􀁮􀁴􀀠and overlay placement phases. 5. Prepare necessary standard details for valve box and manhole adjustments and typical permanent striping and traffic button placement. 6. Prepare contract documents and technical specifications for traffic loop adjustments, traffic button installation, permanent and temporary pavement markings and utility adjustments utilizing State Departmentof Highways standard specifications where appropriate. 7. Perform an internal quality review to determine project completeness,conformance with design intent and bui ldabi lity, and incorporate comments. 8. Review draft plans and contract documents with the Addison City staff and incorporate or otherwise address review comments. 9. Assist the City of Addison in the advertisement for bids, response to contractor questions, bid opening and tabulation and recommendation of award. For this project there shall be no Study and Report Phase required as called for in the contract. The period of service shall include 10 days to prepare and submit Preliminary Design Phase documents, commencing the date a notice.to proceed is received in our office; and 20 days to prepareand submit Final Design Phase documents, commencing the date review comments are received in our office regarding the Preliminary Design Phase documents. Bidding or Negotiating Phase services shall be provided in a timely manner consistent with the schedule established by the City of Addison. Construction Phase services are not included herein as a part of the Scopeof Services defined as Basic Services. All Construction Phase services shall be provided on an as-needed basis to be determined by the City of Addison and shall be considered Additional Services under the terms of this contract. PROFESSIONAL SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER THE 􀁣􀁩􀁾􀁾􀁓􀁏􀁾􀁓􀁁􀁾􀁾􀁉􀁾􀀺􀁾􀁅􀁾􀁾􀁾􀁓made as of (O'fitF."ti as RADY AND 􀀡􀁾􀀡􀁯􀁻􀁉􀁁􀁔􀁅􀁾􀁾􀁴􀁾􀀽􀁾􀁾(ENGINEER). OWNER intends to Construct THE REHABILITATION OF ADDISON ROAD AND KELLER SPRINGS ROAD (hereinafter called the Project). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. SECTION 1 -BASIC SERVICES OF ENGINEER 1.1. GeneraL 1.1.1. ENGINEER shall provide for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil, structural, 􀁭􀁥􀁣􀁨􀁡􀁮􀁩􀁾􀁡􀁬􀀠and electrical engineering services and customary architectural services incidental thereto. 1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall: 1.2.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 1.2.2. Advise OWNER as to the necessity to OWNER's providing or obtaining from others data or services of the types described in paragraph 3.4. 1.2.3. Identify requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 1.2.4. Provide analyses of OWNER's requirements, planning surveys, site evaluations and comparative studies of prospective sites and solutions. PAGE -1 1.2.5. Estimate probable construction costs of various alternatives for the project. 1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved (including applicable requirements of governmentalauthorities having jurisdiction) and the alternative solutions available to OWNER and setting forth ENGINEER's recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties,for interest and financing charges and for other services to be providedby others for Owner pursuant to paragraphs 3.7 through 3.11, inclusive. The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs". 1.2.7. Furnish five copies of the Study and Report documents and review them with OWNER. 1.3. Preliminary Design Phase. 1.3.1. In consultation with OWNER and on the basis of the accepted Study and Report documents, determine the general scope, extent and character of the Project. 1.3.2. Prepare Preliminary Design documents consisting of final designcriteria, preliminary drawings, outline specifications and written descriptions of the Project. 1.3.3. Advise OWNER if additional data or services of the types described in paragraph 3.4 are necessary and assist OWNER in obtaining such data and services. 1.3.4. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Total Project Costs. 1.3.5. Furnish five copies of the above Preliminary Design documents and present and review them with OWNER. 1.4. Final Design Phase. 1.4.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings to show the general scope, extent, and character of the work to be furnished and performed by Contractor(s)(hereinafter called "Drawings") and Specifications. PAGE -2 1.4.2. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in consultations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 1.4.4. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and to assist in the preparation of other related documents. 1.4.5. Furnish five copies of the above documents and of the Drawingsand Specifications and present and review them with OWNER. 1.5.Bidding or Negotiating Phase. 1.5.1. After OWNER's Review of the Contract Documents, Drawings and Specifications, assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 1.5.2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1.5.3. Consult with and advise OWNER as to the ENGINEER'S knowledge or opinion regarding acceptabi lity of subcontractors, suppliers and other persons and organhations proposed by the prime contractor(s) (hereincalled "Contractors(s)") for those portions of the work as to which such acceptability is required by the bidding Documents. 1.5.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contractors is allowed by the BiddingDocuments. 1.5.5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals, for the Owner's award of contracts for construction, materials, equipment and services. PAGE -3 1.6. Construction Phase. During the Construction Phase: 1.6.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be extended, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions except as otherwise agreed to in writing by ENGINEER and OWNER. 1.6.2. Visits to Site and Observation of Construction. In connection with observations of the work of Contractor{s) while it is in progress: 1.6.2.1. ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessaryin order to observe as an experienced and qualified design professional the progress and qual ity of the various aspects of Contractor(s)'work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. 1.6.2.2. The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide the OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor{s). ENGINEER shall not, duringsuch visits or as a result of such observations of Contractor{s)' work in progress, supervise, direct or have control over Contractor{s)'work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor{s), for safety precautions and programs incident to the work of Contractor{s) or for any failure to Contractor{s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor{s) furnishing and performing their work. According, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibi lity for Contractor{s)' failure to furnish and perform their work in accordance with the Contract Documents. 1.6.3. Defective Work. During such visits and on the basis of such observations, ENGINEER may disapprove or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a PAGE -4 completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 1.6.4. Interpretations and Clarifications. ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 1.6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 1.6.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s),but subject to the provision of paragraph 2.2.2. 1.6.7. Inspections and Tests. ENGINEER shall have authority, as OWNER's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 1.6.8. Disputes between OWNER and Contractor. ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. OWNER agrees to defend, save, and hold Engineer harmless from any damages arising from or related to any such interpretations or decisions rendered in goodfaith. 1.6.9. Applications for Payment. Based on ENGINEER's on-site observations, and on review of applications for payment and the accompanyingdata and schedules: 1.6.9.1. ENGINEER shall recommend in writing payments to Contractor(s). In the case of unit price work, ENGINEER's recommendations of paymentwill include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1.6.9.2. By recommending any payment ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed PAGE -5 beyond the responsibilities specifically assigned to ENGINEER in this Agreement. ENGINEER's review of Contractor(s)' work for the purposes of recommending payments will not impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not imposeresponsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interest or encumbrances, or that there may not be other matters at issue between OWNER and CONTRACTOR that might affect the amount that should be paid. 1.6.10. Contractor(s)' Completion Documents. ENGINEER shall receive maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are assembled byContractor(s) in accordance with the Contract Documents and shall transmit them to OWNER. 1.6.11. Inspections. ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER and the Contractor(s) that the work is acceptable (subject to anyconditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph 1.6.9.2. 1.6.12. Limitation of Responsibilities. ENGINEER shall not be responsiblefor the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGINEER's own employeesand agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in paragraphs 1.6.1 thru 1.6.11 inclusive, shall be construed to release ENGINEER from liabilityfor failure to properly perform duties and responsibil ities assumed byENGINEER in the Contract Documents. SECTION 2 -ADDITIONAL SERVICES OF ENGINEER 2.1. Services Requiring Authorization in Advance. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs 2.1.1. through 2.1.14, inclusive. These services are not included as part of Basic Services; these will be paid for by OWNER as indicated in Section 5. PAGE -6 2.1.1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of anysuch statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or other information furnished by OWNER. 2.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. 2.1.4. Providing renderings or models for OWNER's use. 2.1.5. Preparing documents for alternate bids requested by OWNER for Contractor{s)' work which is not executed or documents for out-of-sequence work. 2.1.6. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 2.1.7. Furnishing services of independent professional associates and consultants for other than Basic Services (which include, but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto); and pro-. viding data or services of the types described in paragraph 3.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. 2.1.8. If ENGINEER's compensation is on the basis of a percentage of Construction Cost, services resulting from the award of more separateprime contracts for construction, materials or equipment for the Project than are contemplated by paragraph 5.1.1.2. If ENGINEER's compensationis on the basis of a percentage of Construction Cost and ENGINEER has PAGE -7 been required to prepare Contract Documents on the assumption that more than one prime contract will be awarded for construction, materials and equipment, but only one prime contract is awarded for construction, materials and equipment for the Project, services attributable to the preparation of contract documentation that was rendered unusable and anyrevisions or additions to contract documentation used that was necessitated by the award of only one prime contract. 2.1.9. Services during the out-of-town travel required of ENGINEER other than visits to the site or OWNER's office as required by Section 1. 2.1.10. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. 2.1.11. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other specialfield surveys. 2.1.12. Preparation of operating, maintenance and staffing manuals to supplement Basic Services. 2.1.13. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Basic Services under paragraphs 1.2.3 and 1.4.2). 2.1.14. Additional services in connection with the Project, includingservices which are to be furnished by OWNER in accordance with Article 3, and services not otherwise provided for in this Agreement. 2.2. Required Additional Services. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall furnish or obtain from others, as circumstances require during construction and without waiting for specific authorization from OWNER, Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6, inclusive. These services are not included as part of Basic Services. ENGINEER shall advise OWNER promptly after starting anysuch Additional Services which will be paid for by OWNER as indicated in Section 5. 2.2.1. Services in connection with work directive changes and changeorders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 2.2.2. Services in making revisions to Drawings and Specificationsoccasioned by the acceptance of substitutions proposed by Contractor(s). PAGE -8 2.2.3. Services resulting from significant delays, changes or priceincreases occurring as a direct or indirect result of material, equipment or energy shortages. 2.2.4. Additional or extended services during construction made necessaryby (1) work damaged by fire or other cause during construction, (2) acceleration of the progress schedule involving services beyond normal workinghours, and (3) default by any Contractor. 2.2.5. Services in connection with any partial utilization of any partof the Project by OWNER prior to SUbstantial Completion. 2.2.6. Services and expenses in connection with furnishing contract documents, final design drawings and specifications required in the bidding and negotiating phase and the construction phase, in excess of ten (10) sets. SECTION 3 -OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1. Designate a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's pol icies and decisions with respect to ENGINEER's services for the Project. 3.2. Provide all criteria and full information as to OWNER's requirementsfor the Project, including design objectives and constraints, space,capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawingsand Specifications. 3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and anyother data relative to design or construction of the Project. 3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services, the following: 3.4.1. data prepared by or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; 3.4.2. appropriate professional interpretations of all of the foregoing; 3.4.3. environmental assessment and impact statements; 3.4.4. property, boundary, easement, right-of-way, topographic and utility surveys; PAGE -9 3.4.5. property descriptions; 3.4.6. zoning, deed and other land use restriction; and 3.4.7. other special data or consultations not covered in Section 2; all of which ENGINEER may use and rely upon in performing services under this Agreement. 3.5. Provide engineering surveys to establish reference points for construction to enable Contractor(s} to proceed with the layout of the work. 3.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to performservices under this Agreement. 3.7. Examine all studies, reports, sketches, Drawings, Specifications,proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertainingthereto within a reasonable time so as not to delay the services of ENGINEER. 3.8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.9. Provide such accounting, independent cost estimating and insurance counselling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s}, such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 3.10. If OWNER designates a person to represent OWNER at the site who is not ENGINEER or ENGINEER's agent or employee, the duties, responsibilitiesand limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11. If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. PAGE -10 3.12. Furnish the ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to paragraphs 3.7 and 3.11, inclusive and other costs of the types referred to in paragraph 1.2.6) so that ENGINEER may make the necessary findings to support opinions of probable Total ProjectCosts. 3.13. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or non-conformance in the work of any Contractor. 3.15. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.16. Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 -PERIODS OF SERVICE 4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's services provided for in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which mayreasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and requiredextensions thereto. 4.2. The services called for in the Study and Report Phase will be completed and the Report submitted within a period agreed between OWNER and ENGINEER. 4.3. After acceptance by OWNER of the Study and Report Phase documents indicating any specific modifications or changes in the general scope, extent or character of the Project desired by OWNER, ENGINEER shall proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a revised opinion of probable Total Project Costs. 4.4. After acceptance by OWNER of Preliminary Design Phase documents and revised opinion of probable Total Project Costs, indicating any specificmodifications or changes in the general scope, extent or character of the Project desired by OWNER, ENGINEER shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor{s) on the Project. PAGE -11 4.5. ENGINEER's services under the Study and Report Phase, Preliminary Design Phase and final Design Phase shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.6. After acceptance by OWNER of the ENGINEER's Drawings, Specificationsand other Final Design Phase documentation including the most recent opinion of probable Total Project Costs, ENGINEER shall proceed with performance of the services called for in the Bidding or NegotiatingPhase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors(s). 4.7. The Construction Phase wi 11 commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written recommendation by ENGINEER of final payment on the last prime contract to be completed. Construction Phase services may be rendered at different times in respect to separate prime contracts if the Project involves more than one prime contract. 4.8. If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ENGINEER's services shall be equitably adjusted. 4.9. If the Construction Phase has not commenced within ninety (90)calendar days after completion of the final Design Phase, ENGINEER may,after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.10. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.2. If such delay or suspension extends for more than one (1) year for reasons beyond ENGINEER's control, or if ENGINEER for any reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than one year after Substantial Completion is achieved under that contract, the various rates of compensation provided for in this Agreementshall be subject to equitable adjustment. 4.11. In the event that the work designed or specified by ENGINEER is to be furnished or performed under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, PAGE -12 Bidding and Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently. SECTION 5 -PAYMENTSJO ENGINEER 5.1. Methods of Payment for Services and Expenses of ENGINEER. 5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Section 1 as follows: 5.1.1.1. One Prime Contract. If only one prime contract is awarded for construction, materials and equipment for the Project, the fee for such Basic Services shall be determined on an hourly basis utilizingthe rates shown in paragraph 5.4.1 plus applicable direct expenses, with the total fee for such Basic Services not to exceed $22,500.00. 5.1.1.2. Several Prime Contracts. If more than one separate prime contract is awarded for construction, materials and equipment for the Project, services deemed necessary by the ENGINEER to facilitate the the award of the second and subsequent prime contracts shall be considered Additional Services and the fee determined as identified in paragraph 5.1.2. 5.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services rendered under Section 2 as follows: 5.1.2.1. General. For Additional Services of ENGINEER's principalsand employees engaged directly on the Project and rendered pursuant to paragraph 2.1 or 2.2, on the basis of ENGINEER's hourly rates as defined in paragraph 5.4.1. 5.1.2.2. Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services pursuant to paragraph 2.1 or 2.2, the amount billed to ENGINEER therefor times a factor of 1.1. 5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1. and 5.1.2, OWNER shall pay ENGINEER the actual cost times a factor of 1.1 for all Reimbursable Expenses incurred in connection with all Additional Services. 5.1.4. Construction Costs. As used in this paragraph 5.1, the terms "Hourly Rates" and "Reimbursable Expenses" have the meanings assigned to them in paragraph 5.4, and the term "Construction Cost" has the meaningassigned to it in paragraph 6.1. When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER: PAGE -13 5.1.4.1. For completed construction work, the total cost of all work performed as designed or specified by ENGINEER. 5.1.4.2. For work designed or specified but not constructed, the lowest bona fide bid received from a qualified bidder for such work. 5.1.4.3. For work designed or specified but not constructed uponwhich no such bid is received, ENGINEER's most recent opinion of probable Construction Cost. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices. No deduction is to be made from Construction Costs on account of any penalty, liquidated damages, or other amounts withheld from payments to 􀁃􀁯􀁮􀁾􀁲􀁡􀁣􀁴􀁯􀁲􀀨􀁳􀀩􀀮􀀠5.2. Times of Payments. 5.2.1. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements wi 11 be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGINEER's monthly statements. 5.3. Other Provisions Concerning Payments. 5.3.1. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreementuntil ENGINEER has been paid in full amounts due for services, expenses and charges. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid paid for services rendered during that phase on the basis of ENGINEER's hourly rates for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly on the Project. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable Expenses directly attributable to termination, which, if termination is at Owner's convenience, shall include contract damages provided by law. PAGE -14 5.4. Definitions. 5.4.1. The hourly rates used as a basis for payment for the time of all ENGINEER's personnel engaged directly on the Project are as follows: Principal $100.00 Project Manager $80.00 Senior Engineer $70.00 Senior Architect $70.00 Engineer $60.00 Architect $60.00 Designer $55.00 Technician $50.00 Draftsman $35.00 Clerical $30.00 Survey Party (3 man) $150.00 Computer Usage $25.00 5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposalsfrom Contractor(s)j subsistence and transportation toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items. SECTION 6 -CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (here;n referred to as "Construction Costn) means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counselling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided byothers to OWNER pursuant to paragraphs 3.7 through 3.11, inclusive. [Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph 1.2.6.] 6.2. Opinions of Cost. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein represent ENGINEER's best judgment as an experiencedand qualified professional engineer, but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction PAGE -15 Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. SECTION 7 -GENERAL CONSIDERATION 7.1. Termination. The obligations under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 7.2. Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3. Insurance. 7.3.1. ENGINEER shall procure and maintain Worker's Compensation and Employer's Liability Insurance for protection from claims under the workers' compensation act. 7.3.2. To the extent that professional liability insurance is and remains available at commercially reasonable rates, ENGINEER will maintain Professional Liability Insurance to protect the OWNER from damages, loss or liability arising out of the performance of professional services under this Agreement. Such coverage shall be in the sum of not less than ONE MILLION DOLLARS ($1,000,000.00). PAGE -16 7.3.3. Upon written request of OWNER received within thirty (30) days of the acceptance hereof, ENGINEER will provide Professional liabilityInsurance additional to the amount of coverage stated in paragraph 7.3.2, if available, and the OWNER will reimburse ENGINEER for the costs incurred by ENGINEER in obtaining such increased coverage. To the fullest extent permitted by law, OWNER agrees that ENGINEER's liability to OWNER for anydamages, losses, injuries, claims, liability, or indemnity commitments arising in any way out of ENGINEER's performance of this Agreement,including but not limited to, ENGINEER's negligency, errors, omissions, strict liability, breach of contract or breach of warranty, is limited to the amount of coverage stated in paragraph 7.3.2 unless OWNER shall elect to request that additional coverage be purchased in accordance with the provisions herein. In no event shall ENGINEER be liable for any indirect, special or consequential loss or damage arising out of services hereunder, including including but not limited to loss of use, loss of profit or business interruption, whether caused by ENGINEER, or otherwise, and, to the fullest extent permitted by law OWNER shall indemnify and hold ENGINEER harmless from any such damages or liability. 7.4. Indemnification for Hazardous Waste and Asbestos. 7.4.1. In consideration of the unavailability of professional liabilityinsurance for services involving or relating to hazardous waste elements of this agreement, or the removal or encapsulation of asbestos, it is further agreed that the OWNER shall indemnify and hold harmless ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages,including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by ENGINEER, or claims against ENGINEER related to hazardous waste or asbestos activities. 7.4.2. This indemnification provision extends to claims against ENGINEER which arise out of, are related to, or are based upon the disposal,discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or watercourse, (c) objects, or (d) any tangible or intangible matter, whether SUdden or not. 7.5. Severability and Reformation. 7.5.1. Any provision or part thereof of this agreement held to be void or unenforceable under any law shall be deemed stricken, and all remainingprovisions shall continue to be valid and binding upon the parties. The parties agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision or partthereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. PAGE --17 7.6. Controlling Law. This Agreement is to be governed by the laws of the State of Texas. 7.7. Successors and Assigns. 7.7.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.7.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreementand to the partners, successors, executors, admi ni strators and 1ega1 representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.7.2. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignorfrom any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independentprofessional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.7.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreementwill be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. SECTION 8 -SPECIAL PROVISIONS. EXHIBITS and SCHEDULES 8.1. The following Exhibits are attached to and made a part of this Agreement: 8.1.1. Exhibit A "Scope of Work" consisting of l page. 8.2. THIS AGREEMENT (consisting of pages 1 to 19, inclusive) together with the Exhibits and Schedules identified above, constitutes the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules mayonly be amended, supplemented, modified, or canceled by a duly executed written instrument. THE OWNER AND ENGINEER EACH ACKNOWLEDGE BY THE EXECUTION OF THIS AGREEMENT THAT NEITHER THE OWNER NOR THE ENGINEER HAS MADE ANY REPRESENTATIONS OR HAS MADE ANY EXPRESSED OR IMPLIED WARRANTIES NOT CONTAINED IN THIS AGREEMENT. PAGE -18 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. 􀁾􀀺􀀠 ENGINEER: RADY &ASSOCIATES, INC. BY:_________ Address for giving notices: Address for giving notices: 910 Collier Street Fort Worth, TX 76102 oa2-7-1 3-21-91 PAGE -19 EXHIBIT "Au SCOPE OF WORK 1. Collect available data relative to Addison Road and Keller SpringsRoad including construction plans, utility plans and utility company maps. 2. Perform a visual survey of the project to determine if collected data is complete and of an accuracy appropriate for the project. 3. Prepare plans of the project reflecting in plan view the valve boxes, manholes and traffic signal loop detectors to be adjusted/replacedand proposed permanent pavement markings. 4. Prepare construction phasing plans indicating project phasing during milling, utility adjustment and overlay placement phases. 5. Prepare necessary standard details for valve box and manhole adjustments and typical permanent striping and traffic button placement. 6. Prepare contract documents and technical specifications for traffic loop adjustments, traffic button installation, permanent and temporary pavement markings and utility adjustments utilizing State Departmentof Highways standard specifications where appropriate. 7. Perform an internal quality review to determine project completeness, conformance with design intent and buildability, and incorporate comments. 8. Review draft plans and contract documents with the Addison City staff and incorporate or otherwise address review comments. 9. Assist the City of Addison in the advertisement for bids, response to contractor questions, bid opening and tabulation and recommendation of award. For this project there shall be no Study and Report Phase required as called for in the contract. The period of service shall include 10 days to prepare and submit Preliminary Design Phase documents, commencing the date a notice to proceed is received in our office; and 20 days to prepareand submit Final Design Phase documents, commencing the date review comments are received in our office regarding the Preliminary Design Phase documents. Bidding or Negotiating Phase services shall be provided in a timely manner consistent with the schedule established by the City of Addison. Construction Phase services are not included herein as a part of the Scopeof Services defined as Basic Services. All Construction Phase services shall be provided on an as-needed basis to be determined by the City of Addison and shall be considered Additional Services under the terms of this contract. ADDISON RD./KELLER SPRINGS REHABILITATION February 28, 1991 OBJECTIVE: Level, seal and resurface Addison Road and Keller Springs to prolong roadway 1 i fe; and improve safety, drainage and roadway surface. GENERAL PROJECT DESCRIPTION: Addison Road from Belt Line to city limit. Remove 1-1/2" HMAC and repl ace with 2 inches. Kell er Springs from Toll way to Addison Road. Remove 1-1/2" HMAC and replace with 2 inches. ENGINEERS GENERAL SCOPE OF WORK: 1. Make roadway assessment and recommendation wi th regard to method of repair--ie. mill and overlay, mill and overlay recycled, heat scarification. 2. Prepare cost projections. 3. Prepare bid package including contract documents and specifications. 4. Basic Construction Contract will include: A. Resurfacing the roadway. B. Adjusting all manholes and valve castings. C. Replacing all traffic signal loop detectors. D. Replacing all pavement markings. E. Construction Detours/Traffic Control and Temporary Pavement Markings. 5. Construction Sequencing: A. Access to property and businesses. B. Dust Control. C. Grand Prix May 15 to June 7 Contract letting June 1, 1991. D. octoberfest -Contract needs to be complete by September 15, 1991. THE TOWN OF ADDISON WILL PROVIDE: 1. Traffic loop specification. 2. Button and epoxy specifications. 3. Asphalt testing and monitoring in accordance with Engineers recommendation. 4. plan indicating the location of the valves and manholes. 5. Explanation for raising the valves. 6. Use State/DOT Specifications.