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6399 - Amendment 3 Executed Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 N/A 6399 DEH Downtown Storm Sewer - Amendment #3 Cori Power 6399 PSA – Amendment #3 Page 1 of 2 THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DEH CONSULTING, LTD. PSA 6399 THE STATE OF TEXAS § COUNTY OF DENTON § THIS THIRD AMENDMENT TO CONTRACT 6399 (“Amendment”) by and between the City of Denton, Texas (“City”) and DEH CONSULTING, LTD. (“Consultant”); to that certain contract executed on March 21, 2017, in the original not-to- exceed amount of $113,280 (the “Original Agreement”); amended on May 21, 2018 in the additional amount of $16,100 aggregating a not-to-exceed amount of $129,380 (the “First Amendment”); amended on February 28, 2019 in the additional amount of $6,250 aggregating a not-to-exceed amount of $135,630 (the “Second Amendment”) (collectively, the Original Agreement, the First Amendment and the Second Amendment are the “Agreement”) for services related to the design of City of Denton Downtown Storm Sewer Improvements to address flooding in downtown Denton area. WHEREAS, Consultant has substantially completed the work called for in the Agreement, and the City deems it necessary to further expand the services provided by Consultant to the City, and to provide an additional not-to-exceed amount $3,500 with this Third Amendment for an aggregate not-to-exceed of $139,130. FURTHERMORE, the City deems it necessary to further expand the goods/services provided by CONSULTANT to the City; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Third Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The additional services described in Exhibit “A” of this Third Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the City of Denton Downtown Storm Sewer Improvements, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the Owner agrees to pay, based on the cost estimate detail attached as Exhibit “B” to this Third Amendment, attached hereto and incorporated herein for all purposes, a total fee, including reimbursement for non-labor expenses an amount not to exceed $3,500. 2. This Amendment modifies the Agreement amount to provide an additional $3,500 for the additional services with a revised aggregate not to exceed total of $139,130. DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 6399 PSA – Amendment #3 Page 2 of 2 The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date _________________________. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT “CONSULTANT” DEH CONSULTING, LTD By: ____________________________ AUTHORIZED SIGNATURE, TITLE CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: ______________________________ CORI POWER, SENIOR BUYER DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 Partner Rebecca Diviney Director of Capital Projects/City Engineer Capital Projects - Engineer 3/9/2021 Exhibit A – Page 1 1 EXHIBIT “A” SCOPE OF SERVICES PROFESSIONAL ENGINEERING AGREEMENT DOWNTOWN DENTON STORM DRAIN BASIC SERVICES - Additional Services #3 PROJECT DESCRIPTION Scope of Basic Services for this project generally includes preparation of detailed plans for Downtown Denton Storm Drain to address flooding in the downtown Denton area. Basic Services also includes preparation of Conceptual Layouts, storm sewer pipe design calculations and capacity verification, bid documents, and construction services. GENERAL A. Basis for Scope of Services - Additional #3 The following assumptions were used by the ENGINEER for the preparation of the scope of services for the project: 1. Project will be designed and constructed in accordance with the City of Denton Standard Specifications and the Drainage Design Criteria Manual, July 2013. 2. Majority of the right-of-way acquisition for the project is in place. Right-of-way or easement preparation and acquisition that may be required will be the responsibility of the Owner. ENGINEER will identify any necessary right-of-way or easement requirements in the Schematic plan phase and provide an electronic AutoCAD drawing of the location and configuration of the easements/ROW to the Owner for use in preparation of easement documents. 3. All field surveying will be conducted by the City of Denton and will be provided to the ENGINEER in AutoCAD 2009 format, or an earlier version along with an ASCII data file. Field survey will supplement aerial topographic mapping to be provided by the City. 4. General notes and technical specifications will be limited to those necessary for Contractor to construct the necessary improvements. Traffic control plans will not be prepared as part of this project. 5. Basic Utility relocation plans will be prepared by the ENGINEER as part of Basic Services. DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 Exhibit A – Page 2 I. Additional Services #3 ENGINEER will use information obtained from the City along with surveying ASCII File Data to develop a preliminary engineering plan drawing showing expected layout of drainage structures and channel improvements. ENGINEER assumes that as-built utility drawings are readily available for this project and if this information is not available, ENGINEER will require additional fees to obtain this information. ENGINEER requires that all site plan, any geotechnical information, and surveying information necessary to complete the design will be provided to ENGINEER in AutoCAD 2009 format, or an earlier version along with an ASCII data file. Basic Services provided in Additional Services #3 are listed below: Task I. Construction Services – Phase I ENGINEER will make up to 7 site visits during construction to assess progress and adherence to plans and specifications. ENGINEER will review all shop drawings, testing results, and pay estimates on behalf of the City. ENGINEER will provide brief correspondence after each review or site visit. Task II. Record Drawings – Phase I Provide mylar drawing set of record drawings for City files, based on marked up plans provided by the City of Denton after construction is complete. In the event that construction differs significantly from the approved construction plans, the ENGINEER reserves the right to negotiate a revised fee for preparation of the record drawings. This work includes: a. Providing all necessary personnel, equipment, supplies, management and supervision needed for the test hole excavation, backfill and restoration. b. Coordinating with Client, property owner, and/or permitting authorities, as needed and obtaining any required permits, permission or rights-of-entry with help from The Client c. Contacting the appropriate one-call system to request utilities to be marked on-the- ground prior to beginning excavation of test hole. d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD, including any state or locally adopted supplements. e. Preparing documentation for each test hole attempted. This documentation will include the horizontal and vertical position of the targeted utility or structure, a general description of the target utility, with condition, material and general orientation noted, a generalized description of the material encountered in the test hole, and any other field observations noted during the excavation. Deliverables will include a 2d CADD file depicting the Level ‘A’ utility information with location and depths, a PDF of the utility summary sheet and individual test hole sheets, signed and sealed by a Professional Engineer and will be based on ASCE Standard 38-02. DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 Exhibit A – Page 3 SPECIAL SERVICES TO BE PROVIDED BY ENGINEER None Anticipated ITEMS TO BE PROVIDED BY THE CITY OF DENTON The City or the city’s designee will provide or make available to, or assist the ENGINEER in obtaining the following services, information and material upon request: 1. Available past studies, correspondence, material, and mapping relative to the project. 2. Aerial topographic data in electronic format, compatible with AutoCAD 2009. 3. Field survey of existing conditions, showing spot elevations, contours, and physical features within the limits of the project. 4. Copies of construction plans, and plats for the developed property adjacent to the project. 5. Assistance in obtaining data from third party sources which is available to the City at no cost to the ENGINEER. 6. Current City of Denton Standard Details, Specifications and/or Contract Document data. PROJECT SCHEDULE The schedule to complete engineering services task by ENGINEER is according to breakdown: Task I – Construction Services – Phase I As Needed Task II – Record Drawings – Phase I 2 weeks Note: Scheduled time to complete each item is from the time each task is authorized by City of Denton. If more than one task is authorized such that there is overlap in the tasks, the time to complete the tasks shall be cumulative. Time frames will not commence until written authorization is given. DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 2513 Mosswood Dr. Carrollton, Texas 75010 Texas Firm #5663 972-345-1231 469-854-6802 (fax) email: d.hoelti@verizon.net Exhibit B – Page 1 EXHIBIT “B”: COST OF SERVICES PROFESSIONAL ENGINEERING AGREEMENT CITY OF DENTON DOWNTOWN STORM DRAIN IMPROVEMENTS AMENDMENT #3 A. BASIC SERVICES Compensation for engineering services performed by ENGINEER within the scope identified in EXHIBIT A, shall be billed monthly on a percentage of the lump sum basis as per the following task breakdown: DENTON DOWNTOWN STORM DRAIN 1. Labor Task I – Construction Services – Phase I $ 2,500 Task II – Record Drawings – Phase I $ 800 `SUB-TOTAL $ 3,300 2. Direct Expenses Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct invoice expense plus 10% with a not to exceed amount of: $ 200 TOTAL (BASIC SERVICES) $ 3,500 B. ADDITIONAL SERVICES: Work performed by the ENGINEER outside the scope identified in EXHIBIT A, Scope of Basic Services, shall be considered Additional Services. No Additional Services are anticipated for this project. The ENGINEER will be reimbursed for Additional Services, should they be requested, as described below: DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 2513 Mosswood Dr. Carrollton, Texas 75010 Texas Firm #5663 972-345-1231 469-854-6802 (fax) email: d.hoelti@verizon.net Exhibit B – Page 2 1. Labor ENGINEER shall be reimbursed on the basis of negotiated fees for each item of service provided, as mutually agreed to by the ENGINEER and City; or labor of personnel employed by the ENGINEER will be reimbursed on an hourly basis in accordance with exhibit C, Standard Rate Schedule. 2. Direct Expenses Direct Expenses such as printing, reproductions, automobile mileage, deliver/courier services, etc. will be reimbursed to the ENGINEER at his direct invoice expense, plus 10%. Where appropriate, a not-to-exceed amount will be established and agreed to for each item of service provided. DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 DEH Consulting, LTD 2513 Mosswood Dr. Carrollton, Texas 75010 972-662-9017 972-662-9017 (fax) email: d.hoelti@verizon.net ATTACHMENT B DEH CONSULTING, LTD STANDARD RATE SCHEDULE RATE CHART Engineering  Administrative Assistant $40  Engineering Technician… $80  Registered Engineer… $165 Surveying  Survey Crew… $200  Survey Technician… $110  Registered Surveyor… $195 Schedule of Reimbursables Auto Mileage $ 0.58 per mile, where applicable Reproduction and printing cost plus 10% Deliveries cost plus 10% DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: E773965D-A5B3-4C73-BC53-7248E7AAFBE9 DEH Consulting, Ltd. Exhibit CIQ 3/9/2021 Certificate Of Completion Envelope Id: E773965DA5B34C73BC537248E7AAFBE9 Status: Completed Subject: ***Purchasing Approval*** 6399 - DEH Downtown Storm Sewer Amendment #3 Source Envelope: Document Pages: 10 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 3/5/2021 8:19:45 AM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 3/5/2021 8:22:21 AM Viewed: 3/5/2021 8:22:44 AM Signed: 3/5/2021 8:26:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/5/2021 8:26:47 AM Viewed: 3/8/2021 5:09:06 PM Signed: 3/8/2021 5:09:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dale Hoelting d.hoelti@verizon.net Partner Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.188.130.249 Sent: 3/8/2021 5:09:45 PM Viewed: 3/9/2021 9:35:04 AM Signed: 3/9/2021 9:36:54 AM Electronic Record and Signature Disclosure: Accepted: 5/21/2018 12:16:51 PM ID: 6c4a52de-b014-477b-8522-b99137adc31e Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.222.28.222 Sent: 3/9/2021 9:36:57 AM Viewed: 3/9/2021 9:43:56 AM Signed: 3/9/2021 9:57:32 AM Electronic Record and Signature Disclosure: Accepted: 3/9/2021 9:43:56 AM ID: 0c3d29a7-5dd9-4a2b-9a67-961a1891433c Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/9/2021 9:57:34 AM Viewed: 3/9/2021 2:28:12 PM Signed: 3/9/2021 2:28:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Tracy Holt Tracy.Holt@cityofdenton.com Administrative Assistant City of Denton Security Level: Email, Account Authentication (None) Sent: 3/9/2021 2:28:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kyle Pedigo kyle.pedigo@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 3/9/2021 2:28:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 3/9/2021 2:28:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/5/2021 8:22:21 AM Certified Delivered Security Checked 3/9/2021 2:28:12 PM Signing Complete Security Checked 3/9/2021 2:28:24 PM Completed Security Checked 3/9/2021 2:28:27 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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