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2017-06-27 Agenda with backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-760,Version:1 AGENDA CAPTION Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY 2017-18 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: June 27, 2017 SUBJECT Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY 2017-18 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. BACKGROUND The purpose of this work session and additional work sessions during the months of June and July is to have each City Department give a brief presentation to City Council. Each presentation will cover the structure and staffing of the Department, functional areas and major responsibilities, goal and accomplishments, performance measures, cost containment efforts and process improvement strategies. These presentations are scheduled to be presented during the months of June and July prior to the City Manage for this meeting are from Transportation, Facilities Management, Fleet Management and the Citys Airport. The Departmental presentations are attached to this item. th In addition, a memorandum responding to questions from the June 13 budget discussion is enclosed as Exhibit 2. Staff will prepare these memorandums in response to budgetary questions throughout the budgetary season. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Budget Questions and Responses June 27 Exhibit 3 PowerPoint Presentation Transportation Exhibit 4 PowerPoint Presentation Facilities Exhibit 5 PowerPoint Presentation Fleet Exhibit 6 PowerPoint Presentation Airport Respectfully submitted: Chuck Springer, 940-349-8260 Director of Finance Finance Department * 215 E. McKinney * Denton, TX 76201 (940) 349-8224 * DFW Metro (972) 434-2259 * Fax (940) 349-7206 MEMORANDUM DATE: June 27, 2017 TO: Honorable Mayor and Members of the City Council FROM: Chuck Springer, Director of Finance SUBJECT: CityCouncil Budget Questionsand Responses Information regarding the FY 2017-18 Preliminary Budget was presented to the City Council on ththththth June 5.Department presentations have been presented on June 5, 6, 13 and 20, 2017. Below is a summary of the most recent questions and requests, from the City Council as I understand them, and the responses compiled to date. 1.Please provide historical information on dollars recovered from all City Vehicle accidentsfor the past three years. The following amounts have been recovered from City vehicle accidents: 2014 - $13,429.64 2015 - $14,453.20 2016 - $ 9,279.15 2017 - $50,000.00 Total- $87,161.99 2.Please provide information on amount of cash payments versus other forms of payments at the Linda Mcnatt Animal Adoption Center. The average monthly payments received at the Linda Mcnatt Animal Adoption Center is approximately $16,000 per month. Of the total, 23% of the payments were in cash or an average of $3,700 per month. The remaining payments were approximately 59% credit or debit cards and 18% checks. 3.Please provide additional information on the metrics used to evaluate the performance of the recruitment efforts for the Fire Department. Since 2014, we have required that at the time we offer a firefighter position, recruits must be firefighter certified through the Texas Commission on Fire Protection (TCFP) and paramedic certified through the Texas Department of State Health Services. Typically, requiring both certifications results in a low number of registrants who take the civil service exam. One measure of success of our recruitment efforts is to compare the number of exam registrants who took the test in the current year to previous years that we have required the same certifications. In 2014, we had 84 registrants take the test. In 2015, we had 87 1 Question and Answer Memorandum June 27, 2017 Page 2 of 7 registrants take the test. In 2016, we had 59 registrants take the test. In 2017, a new Community Service Officer (CSO) administered the test and we had 101 registrants take the test. After our 2017 civil service exam, our CSO distributed a survey asking exam registrants where they heard about our exam. Out of 101 registrants who took the exam, 92 registrants responded to the survey. The results showed that many registrants heard about the exam online: 53 registrants from the TCFP website, 15 registrants from the City of Denton website, and 7 registrants from other job search websites. Seventeen registrants responded they found out about the exam through word of mouth from fire department employees, friends, or family. The 75 registrants who heard about the exam from websites was due to the efforts of the CSO who creates the job announcement and distributes it to be posted on fire and emergency medical service (EMS) related websites. The CSO keeps continual contact with the exam registrants up until the day of the exam by sending reminders that include the test date and the job qualifications. After the test, the CSO manages each step of the hiring process through the first day of hire. The CSO coordinates and oversees the background investigations and the polygraph examinations. She schedules the physical ability test and the interviews. She creates and sends out all of the conditional letters of employment as well as the rejection letters. She schedules the psychological evaluations, the medical examinations, and the physical examinations. She creates and sends out appointment letters for the new recruits and coordinates getting paperwork filled out with Human Resources. She ensures all new hires have uniforms, logins and passwords for Vision, Inform, Intermedix, and email accounts and passwords for their first day of work. We have also identified that our previous diversity recruitment efforts had short-term goals and did not consider long-term interest from the community in fire service careers. We were not fully engaging with all areas of the community, particularly areas that were not requesting our services. Since public education programs were by request, we often missed out on community involvement opportunities because we were unaware of many community activities. Our public education was reactive and disjointed from our diversity recruitment program, which is mostly geared towards certified or soon-to-be-certified firefighters and paramedics. To address this, we have combined diversity recruitment with public education in order to more effectively and efficiently reach all demographics within the community and increase our community involvement and presence. This program included assembling a team of firefighters to assist with diversity recruitment, public education, and community engagement. The program is multifaceted to target all demographics in all areas of the city. We have developed programs for adults, college students, high school students, middle school students, and elementary school students. Other initiatives associated with our community engagement program include: Organizing a study group class before the next civil service entrance exam. This class would be available to anyone who has registered for the exam and would eliminate the need for applicants to purchase an exam study guide from the testing 2 Question and Answer Memorandum June 27, 2017 Page 3 of 7 company. It would also give applicants confidence and another point of contact, which would encourage them to attend and pass the exam. Partnering with UNT and TWU and our diversity team will develop diversity recruitment activities targeting students in nursing, engineering, chemistry, criminal justice, emergency management, and public administration. Implementing summer camp activities for middle school students where they can try hands-on firefighting tactics. Creating monthly social media videos highlighting different functions of the Fire Department each month. Partnering with Denton ISD on their Emergency Medical Technician program. In addition to overseeing recruitment and hiring, the CSO is also responsible for: Coordinating all community outreach programs and public education programs, such as fire station tours, fire apparatus demonstrations, conduct fire drills for schools and businesses, assist businesses in creating emergency preparedness plans, and provide fire safety education classes. Supervising three investigators/inspectors. Covering on-call for fire investigations periodically. logistics for required code compliance; coordinating resources with event organizers for Emergency Management, Emergency Medical Service, Fire Protection, and Fire Inspection services. Acting as liaison to community groups and social organizations; performs community needs assessments and outreach functions. Managing website and social media content; gathering and facilitating the dissemination of information. Researching, writing, and designing the layout, and production of brochures, advertisements, and other promotional materials for recruitment campaigns. Facilitating the evaluation and selection of testing materials for the Civil Service exam with the Operations Division; responsible for the legal notices and posting for the Civil Service exam. Developing and maintaining recruiting and public education budgets. 4.Please provide more information on the number of buildings/ facilities with Code Violations that are on the list for demolition. And provide information on the criteria used to determine the facilities on the list. A goal of 30 buildings to repair or demolish is a performance measure for FY 2016-17 in the Strategic Plan. Please provide information on how the goal was established. And provide a five year history of how many structures have been demolished verses repaired. 3 Question and Answer Memorandum June 27, 2017 Page 4 of 7 a.How many dangerous buildings are in our City? A windshield survey, a visual assessment from public right-of-way, of private property structures is conducted every two years by Community Improvement Services (CIS) staff. The objective is to identify potentially dangerous structures in the City. The most recent survey was completed in May 2017 and resulted in the identification of 68 structures needing further assessment. They include one commercial structure, 22 primary residential structures, and 45 accessory structures. This count does not include dangerous structures in mobile home parks. That assessment will be performed in October 2017. Additionally, complaints received from tenants regarding interior conditions can also result in a dangerous structure determination. Currently, CIS has 12 active dangerous building cases͵ b.What is the criteria used to determine if a building is considered dangerous? The criteria for dangerous structures is outlined in Chapter 17, Division 3, Section 181 of the Denton Property Maintenance (DPM) Code. A structure can be deemed Common standards in deeming a structure dangerous are: Defective foundations, walls, and roofs Dilapidated/ deteriorated/decayed portions of structures that likely will lead to partial or complete collapse of the structure Warped/unsafe flooring Air or sanitation facilities that make a structure unsanitary Structures damaged by fire, wind, earthquake or flood Dilapidated or deteriorated as to become an attractive nuisance to children, a harbor for vagrants, criminals or enables persons to resort thereto for the purpose of committing unlawful acts Unfit for human occupancy or are likely to cause sickness or disease c.What is the number of repaired dangerous buildings versus demolished buildings? What is the current year performance measure? Since the beginning of the Dangerous Building Program in May 2009 through March 2017, 467 dangerous buildings have been addressed 370 demolished and 97 rehabilitated. All of the rehabilitations were performed by the building owner. A majority of the demolitions were also completed by the building owner with only 46 demolitions performed by the City contractor at a total cost of $177,184 to the City. The initial identification and abatement of structures produced a high number of cases which has gradually decreased over the years. Two CIS officers, one primary and one back-up, with specialized training are assigned to handle dangerous building cases. Enforcement of dangerous buildings 4 Question and Answer Memorandum June 27, 2017 Page 5 of 7 is specifically outlined and regulated by the Texas Health and Safety Code Chapter Chapter 17. Cases are resource intensive and involve comprehensive research with protracted timelines given the nature of the work. The number of abated buildings is tracked to monitor the status of structures that pose an unsafe or hazardous environment. The current year performance measure is to complete repairs or demolitions of 30 structures for FY 2016-17. Through the second quarter, 16 structures were repaired or demolished. The goal of 30 structures for the fiscal year was based on the number of identified structures, the prioritization of need and the case load capacity of the division. 5.Please provide information code enforcement mailing costs, the timeline to reach the recipient, as well as information on lost mailed notices.And provide information on other options and alternatives for notice of code violations. The annual expenditure to mail notices via the United States Post Office is approximately $11,500 - $12,000. When a violation is observed, a notice of violation is issued allowing um requirement. A re-inspection is performed 12 days after mailing to allow for delivery. Vacant and open structure violations, per code, receive a three day notice. Minimum building standard violations can receive up to a 120 day notice. If the violation still exists after a re-inspection, CIS officers attempt to make contact with the occupant to provide verbal notice. If they are unable to make contact, a 24 hour notice is given requesting the resident contact the officer to arrange a deadline for compliance. The notice is posted on the door or made by phone call if a number is available. The 24 hour notice also advises that if no contact is made, a work order to abate the property will be issued and court action will be taken. If no contact is received from the resident, a work order and affidavit are prepared. Extensions are granted as appropriate for the work requiredtobe completed. In addition to written and verbal notices, fax and email are utilized to notify businesses. Direct contactwith real estate agents and property managers is made when the information is available. Certified mail service is used for dangerous building and junk vehicle notifications. CIS performs extensive research to determine the responsible party and/or owner of a property. The Denton County Appraisal District records, Public Data records, Secretary of State Records, City of Denton utility records, and tax records are sources used by CIS. When there is a violation on a rental property, both the tenant and owner are notified. CIS continues to explore new and innovative approaches in providing information to residents from raising awareness through public education to issuance of notices. Alternative methods such as door hangers have been used in the past with mixed results. While door hangers provided some time efficiencies compared to preparing mailed notices, costs in materials and printing were equal to mailings. Residents also often expressed 5 Question and Answer Memorandum June 27, 2017 Page 6 of 7 concern with not seeing or receiving the hangers. In converting to mailed notices, CIS complies with the Texas Health and Safety Code Sec. 342.006 and local Chapter 17 code regarding issuance of notices of violation and method of service. Neither law requires confirmation of receipt. In the absence of an efficient and reliable method to confirm notice of receipt, the voluntary compliance rate of 93% to 95% for abating property violations is a strong indicator of the effectiveness of mailed notices. 6.Please provide reduction targets for water and electric use for municipal operations This information will be provided to the City Council at a subsequent City Council meeting. Staff is working on developing targets for water and electric use for municipal operations. The targets will be taken to the Committee on the Environment (COE) for recommendation. The COE will forward their recommendation to City Council for adoption. 7.Please provide an update on the street light LED pilot program. So far, we have completed the purchasing processes associated with the RFP and several other administrative tasks. The response from potential vendors was greater than anticipated with near 30 submittal products. This was almost 3 times greater than what was originally expected. All of the vendor products have been vetted and requests for test products were sent out and have been received. The high number of responses required a re-examination of the proposed design on the DME campus as well as the need to order additional poles to mount the fixtures. The tools required to properly test and evaluate the products have been received by DME. DME is currently staging in preparation for installation of the poles and fixtures in an expanded area than what was originally needed to contain the study. The number of responses also created the need for us to find an alternative to the lighting control system so each proposed fixture gets equal use throughout the study for better comparison. We are closing in on this solution. DME is excited about this study and look forward to providing results during the process. 8.Please provide information regarding issues recycling LEDs bulbs. LED bulbs may be recycled through the HCC curbside collection program for residential customers.https://www.cityofdenton.com/residents/services/trash-recycling/hazardous- waste Bulbs are also accepted through many e-waste recycling drop off programs. Streetlight bulbs would be recycled through local avenues or manufacturer takeback programs. 6 Question and Answer Memorandum June 27, 2017 Page 7 of 7 9.Please provide a three year breakdown of the Operations section in the Non- Departmental (Finance Miscellaneous) budget. Staff has provided the requested breakdown on Attachment 1. 7 NON-DEPARTMENTAL ATTACHMENT 1 Ȩ&).!.#% -)3#%,,!.%/53ȩ 9¤ ±ȃ³®ȃ9¤ ± 6 ±¨ ¢¤ $¤³ ¨«² 0±¨®± #¨³¸ - ¦¤± ¢®²´«³¨¦ ¥¤¤/¤ȃ³¨¬¤ ¤·¯¤²¤0±¤µ¨®´²«¸ ¨ &¨ ¢¤ "´£¦¤³0±¤µ¨®´²«¸ ¨ &¨ ¢¤ "´£¦¤³0±¤µ¨®´²«¸ ¨ &¨ ¢¤ "´£¦¤³0±¤µ¨®´²«¸ ¨ &¨ ¢¤ "´£¦¤³"´£¦¤³ ²¤³ ³ ͡ΐΏΏǾΏΏΏ ´ ««¸0±¨®± ¸¤ ± ®¤ȃ³¨¬¤ ¤·¯¤²¤ ®³ ¡´£¦¤³¤£0±¨®± ¸¤ ± ®¤ȃ³¨¬¤ ¤·¯¤²¤ ®³ ¡´£¦¤³¤£2¤£´¢³¨® ¨ ¤¶ ¢®³± ¢³2¤£´¢³¨® ¨ ¢§ ±¦¤² ¥®± ¨³¤± « %¦¨¤¤±¨¦ ²¤±µ¨¢¤²0±¨®± ¸¤ ± ¨¢«´£¤£ ®¤ȃ³¨¬¤ ¯´±¢§ ²¤ ®¥ ¢§¤¢ªȝ¢ ±£ ¯±®¢¤²²¨¦ § ±£¶ ±¤!¢¢®´³² 0 ¸ ¡«¤ ³¤¬¯®± ±¸ ¯¤±²®¤« --- 2,0004,947 69,56393,50015,94074,96115,940 (83,478)(68,500)(77,862) 100,000188,100505,057385,000149,465164,500 (195,012)(101,998)(431,001) 1,673,125 8 2016-17BUDGET ͡ ͡ -- (214) 3,624 56,95625,03910,12189,64266,248 271,578195,012162,000607,055384,830145,549242,362195,012162,000384,830242,362 2,104,1261,139,880 ACTUAL 2015-16 ͡ ͡ ------- 877 58,38852,49079,301 180,678592,511964,245 ACTUAL 2014-15 ͡ %80%.$)452%3 OPERATIONS)4%-):%$ 2%#/.#),!4)/.Ȁ $5%3 lj 05",)#!4)/.3#-/ #/.4).'%.#9"!$ $%"4 %80%.3%02/&%33)/.!, 36#3%,%#42)# %.%2'9 345$9!5$)4 %80%.3%#/.3 %.' $%3)'.ȝ")$#/,,%#4)/. %80%.3%4%-0/2!29 0%23/..%, 3%26)#%3!002!)3!, $)342)#4/543)$% #/.42!#4 3%26)#%3"!.+ $%0/3)4/293!,%3 4!8 2%6)%7302/&%33)/.!, 36#3%,%#42)# %.%2'9 345$9!5$)4 %80%.3%!002!)3!, $)342)#4/543)$% #/.42!#4 3%26)#%3"!.+ $%0/3)4/29MISCELLANEOUS#-/ #/.4).'%.#902/&%33)/.!, 36#3%,%#42)# %.%2'9 345$9!5$)4 %80%.3%#/.3 %.' $%3)'.ȝ")$"!.+ $%0/3)4/294%-0/2!29 0%23/..%, 3%26)#%3MISCELLANEOUS 1 Transportation Bike and Pedestrian Program 18 Budget Presentation - Logo Insert (or delete) Department FY 2017 2 for mobility TxDOT on US 380 from Mayhill to the sidepath use - Bike/Pedestrian CycloDia of FM 428/McKinney St 17 - 16 turnback for TxDOT TxDOT 18 - 17 for Hosted first open streets event, Attain Bicycle Friendly Community designation from league of American Bicyclists Assisted with Assumed leadership role with NCTCOG Bicycle and Pedestrian Advisory Committee Received federal reimbursement funding for Active Transportation and Safe Routes to Schools Coordinated with Update Pedestrian and Bicycle Linkage Component of Denton Mobility PlanExpand partnership opportunities with Denton County, DCTA and Accomplishments projectsGreenbeltenhancements Goals Transportation Goals and Accomplishments 3 2 10 4 10 Earth Day events Number of ActiveTransportation promotional events Cycle with the City, Bike MonthBicycle to RecycleUNT/TWU Number of sidewalk disconnects/gaps removed Hickory at ExpositionBell at Civic Center Bike/Pedestrian 15 9 711 5.9 7 12 street - of on lanes presentations miles on Fulton, Ponder, Number of ActiveTransportation safety and education activities, events, initiatives Bike SafetyEmily Fowler Library pres.CycloDia Centerline bike infrastructure Eagle Drive bikeSharrowsPanhandle, Maple, Myrtle, others Transportation Performance Measures 4 18 - 2 $300 $1,958$4,900 $13,900$11,057 $290,497$180,297 $200,000* $702,909 Proposed FY 2017 17 - 2 -- $300 $1,927$4,900 $13,900$10,517 Budget$279,245$180,497 $491,286 FY 2016 16 - - 2 -- $2,604$2,145$2,736$7,739 Bike/Pedestrian $266,588$147,086 Actuals $428,898 FY 2015 *Bike Fund allocation now budgeted in Transportation 15 - 2 -- $3,371$3,565$1,202$1,156$7,046 $244,746$145,897 Actuals $406,982 FY 2014 Total Expenses Transportation Budget Highlights Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of ServiceFixed Assets FTEs 5 Transportation Bike/Pedestrian Logo Insert (or delete) Department Questions / Comments 1 Denton City Council Department Presentation Facilities Management 2 18 - 495 18 2017 Baseline FY 17 - 495 18 2016 Actuals FY 16 - 493 16 2015 Actuals FY 15 - 492 15 Actuals FY 2014 Facilities Management 3 Facilities Management 4 DATCU lots on Exposition and Cedar St parking BMR Canopy, Purchasing Warehouse, CHE TS, DDS, SW Parks & Rec, , fencing around parking lot at CHE Police CC CHE Training Classrooms & Burn Tower, Fire 17: - 16 for CHW to move into 18: - repairs and parking lot repairs at multiple buildings: monitor and maintain the City of Denton TV, DME Modular Building placement & canopy, office addition at 651 Mayhill Rd. for SW, - for 17 Construction: FS #2, Airport Hangars, Med 8, Pecan Creek Admin Renovations: Pecan Creek Lab, City Hall East (CHE) Customer Service payment area, CHE Police lobby, Fleet Services conference room, Dbuildings Facilities Maintenance Program: Civic Center (CC) roof and windows, South Branch Library heat pump replacement, CH HVAC replacement, Service Center generator replacement & HVAC replacement Parking Lot Replacement/Repairs: Demolition: demo of old county jail/replaced with parking lot Facilities Master Plan: including new City Hall (CH), parking structure, SW Service CenterContinue: design, planning and/or construction of new buildings for Fire Stations (FS) #3, #4 & #8, Police Shooting Range, ADA Architectural Barrier Removal plan and ADA concerns Facilities Maintenance Program (roof, flooring, HVAC and generator) along with providing daily preventative maintenance and repairs throughout City facilities Facilities ManagementGoals and Accomplishments Accomplishments for Goals 5 ) (completed projects/year designed to prolong life cycle of FM assets of work orders completed in 5 days of active projects square footage maintained by FM vs industry standards percentage number Work Order quantity per quarterWork Order Projects Square Footage Preventative Maintenance Facilities ManagementPerformance Measures Current Performance Measures:Proposed Performance Measures: 6 control method as hourly rates are cost downtime, reduces citizen and staff discomfort, and bids and for three costs by forecasting replacements 15 years in advance; decreases eliminates need replacements and associated - the useful life span of our major equipment while decreasing downtime and repairs us to better budget our funds in the contract as well as a % over actual cost for parts saver Time quoted Increases allowing Better projection of emergency reduces service interruption PlumbingFlooringElectricalHVAC Overhead Doors & Gates Benefits: Recent RFP:Upcoming RFP: Benefits: Benefits: for high frequency disciplines: Facilities ManagementCost Containment Strategies Summary of Department efforts:RFP Preventative Maintenance ProgramCIP replacement program for Roofs, Flooring & HVAC 7 : requirements for facilitates project - for all projects over $20,000 (including Act drawings Engineering permitting process Architectural engineer stamped fences)Accelerates Facilities ManagementProcess Improvements Addition of department engineer or PSA for outsourced engineer services 8 $1,227 18 - $43,841$21,978 $165,033 $1,736,834$1,114,835$1,196,890 $4,280,638 Baseline FY 2017 $1,100 17 - $43,175$21,627 $154,131 $1,496,774$1,013,246$1,296,334 $4,026,387 Budget FY 2016 $1,849 16 - $35,988$22,264 $842,504$225,443 $1,402,788$1,167,060 $3,697,897 Actuals FY 2015 $857 15 - $34,045$17,772 $821,674$289,795 $1,414,231$1,205,781 $3,784,155 Actuals FY 2014 Facilities ManagementExpenditure Budget Highlights Expenses Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of Service Total 9 Questions / Comments Facilities Management Fleet Services 18 City Council Presentation - FY 2017 2 18 - 733 11 24 Proposed FY 2017 17 - 732 Budget 11.5 23.5 FY 2016 16 - 732 Actuals 11.5 23.5 FY 2015 15 - 632 Actuals 10.5 21.5 FY 2014 Service Technician Fleet Services AdministrationLight Duty TechnicianHeavy Duty TechnicianField 3 43 NAPA Genuine Parts Co Outsourced Parts Room Field Service Technicians 1 1711 Technicians Fleet Superintendent Heavy Duty Technicians 63 Administrative Light Duty Technicians Fleet ServicesOrganizational Chart 4 Leading to existing shop area dispensing to Service Center fuel island 17 - 18 - Fleet Policy in Government Fleet Governing in Diesel Exhaust Fluid (DEF) th training room with mezzanine storage Adopted Green Added Added bulk Upgraded shop lubrication dispensing and tracking systemRanked 36Ranked top 50 Improve the 5 year strategic plan (20 year)Expand rental fleet to include equipment optionsInitiate construction of satellite repair facility Accomplished in FY 16Goals for FY 17 Fleet ServicesGoals and Accomplishments 5 dle time by 50% i educe current waste r Asset Availability / 95%Inventory Turns / 3.0Work Order Response Time / less than 8 hours Technician Productivity / 70%PM Compliance / 95%Come Back Repairs / less than 2% in 90 daysShop Turn Around Time / 80% within 24 hours Vehicle Idle Reduction Current Performance Measures / Target GoalsProposed Performance Measures Fleet ServicesPerformance Measures 6 ervice Technician S ubricants labor savings not included in estimate L ield uctions F A local Agreement with TxDPS - 17 - 2016 - ehicle V leet F leet to Synthetic F ransition all functions of the vehicle auction process to Fleet Services Projected at $118,000 for FY 16Position vacancies and reclassificationsExtended oil drain intervalsReduced material and disposal costsVehicles still inspected every 5,000 miles TReduced costs by 10% of gross proceedsNew revenue stream began 10Reduce customer downtime and outside vendor expense Salary SavingsTransition of Streamlining of Insourced Work from InterRecommend Addition of One Fleet ServicesCost Containment Strategies 7 r Decommissioning of vehicles and equipmentUpdated vehicle transfer, retention and auction formsVehicle and equipment auctionFleet asset acquisitionVehicle and equipment repair Completed Process ImprovementsFuture Process Improvement Opportunities Fleet ServicesProcess Improvements -- 18 - 28,622 120,678 131,000 801,659 2017 8 1,997,658 2,669,900 1,250,000 4,197,760 PROPOSED 11,197,277 - 17 - 28,015 113,278 130,000 691,889 140,000 2016 BUDGET 1,888,520 2,249,900 1,250,000 3,676,346 10,167,948 - 16 - 9,535 84,718 84,644 28,596 ACTUAL 787,619 357,500 2015 1,749,502 2,123,677 4,248,563 9,474,354 - 15 - 75,99575,82728,40964,942 ACTUAL 790,362120,108 2014 1,669,2862,866,7583,954,325 9,646,012 Projects Services Fleet ServicesBudget Highlights of Service Fuel PurchasedCapital EXPENDITURES Personal Materials & SuppliesMaintenance & RepairInsuranceMiscellaneous (Fuel Contingency)OperationsCostFixed Assets TOTAL EXPENDITURES 9 Fleet Services Questions / Comments 1 Denton City Council Department Presentation Denton Enterprise Airport 2 18 - 213 6 Proposed FY 2017 17 - 23 2.5 7.5 Budget FY 2016 16 - 23 2.5 7.5 Actuals FY 2015 15 - 13 2.5 6.5 Actuals FY 2014 Denton Enterprise Airport AdministrationOperationsMaintenance 3 1 Operations Coordinator Administrative/Maintenance 112 Supervisor MaintenanceMaintenance Airport Manager Field Service Worker III Administrative/Professional I Administrative/Office Administrative Assistant III Denton Enterprise Airport 4 27 individual hangars. - 17: - 16 18: - for 17 Substantially completed land acquisition for west parallel runway.Enhance revenue options. Finalized plans for west parallel runway.Completed city hangar projectComplete construction of west parallel runway. . Denton Enterprise Airport Goals and Accomplishments Accomplishments for 1. 23. 4. Generated 2.8 acres of new property leases.5. Improved grounds maintenance/airfield operations procedures.Goals 1. 2. 3. Attract 1 new aviation industry to Denton Enterprise Airport.4. Receive grant for reconstruction of primary runway.5. Revise/update business plan. 5 Denton Enterprise Airport Performance Measures Current Performance Measures:1. Airport Operations2. Notices to Airmen (NOTAMS)3. Development Proposals4. Airport Acreage Maintained5. Airport Inspections6. Foreign Object Debris (FOD) Activity 6 Removed from CIP due to the fact that it - Planned extension of Spartan Dr. would decrease possible revenue by removing developmental space;Proposed drainage project for John Carrell Rd. has been delayed to reassess scope These changes have a net savings of $200,000. Staff restructuring of moving Director of Transportation over the Airport division is estimated to save $82,000 annually. Denton Enterprise AirportCost Containment Strategies Summary of Department efforts:1.2. The division has reassessed the CIP needs moving forward: 7 Improved grounds maintenance/airfield operations procedures Denton Enterprise AirportProcess Improvements Completed Projects:1.Future Projects:1. Private development process2. CIP development process 8 - 1,200 46,70021,823 105,193238,160547,070225,000 18 - Proposed FY 2017 $ 530,482 $ 1,715,628 -- 630 44,21193,75021,604 224,959470,222 17 - Estimate FY 2016 $ 576,417 $ 1,431,793 -- 1,200 46,72582,59321,604 255,621473,114 17 - Budget FY 2016 $ 668,509 $ 1,549,366 1,068 41,50373,64522,358 220,814490,380475,790169,835 16 - Actuals FY 2015 $ 633,513 $ 2,128,906 17, debt service payments for the Airport Department were taken over by the General Fund. - Total Expenses Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of ServiceDebt ServiceCapital/Fixed Assets Denton Enterprise AirportExpenditure Budget Highlights*Beginning in FY 2016 9 Questions / Comments Denton Enterprise Airport City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-796,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding City Council Committee nominations. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Secretary’s Office CM/ DCM/ ACM: Bryan Langley, Deputy City Manager DATE: June 27, 2017 SUBJECT Consider appointments to Council committees. BACKGROUND Council will be discussing appointments to Council committees during the Work Session on June 27, 2017. Changes made during the Work Session will be provided to Council prior to approval. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary CITY COUNCIL COMMITTEES AGENDA COMMITTEE The Agenda Committee was established by Ordinance 2011-038. The Committee is composed of the Mayor, the Mayor Pro Tem, and the City Manager. The Agenda Committee reviews the City Manager’s proposed City Council agendas as to form and agenda content. AUDIT/FINANCE COMMITTEE The Audit/Finance Committee was established by Resolution R2009-015. The Committee is composed of three Council Members. The City Manager, or his designee, is an ex-officio member. The duties and purpose of the Committee shall be to assist the Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and any other financial related activities as delegated by the City Council. COMMITTEE ON CITIZEN ENGAGEMENT The Committee on Citizen Engagement was established by Resolution R2012-026. The Committee is composed of three Council Members. The City Manager, or his designee, will provide guidance and assistance to the Committee. The duties and purpose of the Committee shall be to provide advice to the Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton citizens in the various processes of city government. COMMITTEE ON THE ENVIRONMENT The Committee on the Environment was established by Resolution R2009-015. The Committee is composed of three Council Members. The duties of the Committee shall be to review, discuss, deliberate and consider environmental issues and resources and make recommendations to the Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the Council. COMMUNITY JUSTICE COUNCIL The Community Justice Council is established according to Chapter 76 of the Texas Government Code. That Chapter indicates that a Justice Council has to be established as a prerequisite to establishing a community corrections facility. The Community Justice Council provides continuing policy guidance and direction for the development of criminal justice plans and community correction facilities and programs and conditions of community supervision. Among the members of the Justice Council is a council member of the most populous municipality in the County that the facility will serve. CONVENTION AND VISITOR BUREAU The Denton Convention & Visitor Bureau was initiated in 1976 by the Denton Chamber of Commerce to promote events and attractions, provide hospitality education, and ensure a positive experience to Denton visitors. It operates via an agreement between the City of Denton and the Denton Chamber of Commerce. The Bureau consists of an Advisory Board that makes recommendations to the Chamber of Commerce Board of Directors. COUNCIL AIRPORT COMMITTEE The City Council Airport Committee was established by Resolution R2011-009. The Committee is composed of three City Council members. The City Manager, or his designee, will provide guidance and assistance as needed. The duties and purpose of the Committee shall be to review, consider and make recommendation to the Council on: the Airport Business Plan and Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport, contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport, and issues raised as a result of interface between citizens, airport tenants, or other interested parties. COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE The Council Appointee Performance Review Committee was established by Resolution R2009-015. The Committee is composed of three Council Members, with the Director of Human Resources as an ex-officio member. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointee’s job descriptions are accurate and properly reflect current job duties in order to make recommendations to the Council to assist the Council in evaluating the job performance of the council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions. COUNCIL COMMUNITY EVENT CENTER COMMITTEE (AD HOC) The Council Community Event Center Committee was established by Resolution R2015-041. The Committee is composed of three Council Members. The duties and purpose of the Committee shall be to consider and review operations, procedures, policies, regulations and naming of the City of Denton Community Event Center, or any part thereof, and to make recommendations to the City Council as deemed necessary to the effectuation of these assigned tasks. COUNCIL EMPLOYEE BENEFITS COMMITTEE (AD HOC) The Council Employee Benefits Committee was originally established by Resolution R2017-007 to analyze sick leave and vacation policies for employees of the City. Resolution R2017-014 expanded the scope of duties to include a review of all of the City’s policies regarding employee benefits as well as setting a Committee dissolution date of May 16, 2017. On June 27, 2017, Council will be considering a resolution to re-establish the Committee to review, consider, and make recommendations to the Council regarding the benefits for City of Denton employees. COUNCIL ETHICS COMMITTEE The Council Ethics Committee was established by Resolution R2009-015. The Council Ethics Committee consists of three Council Members. The City Manager, or his designee, and the City Attorney, or his designee, serve as ex-officio members. The duties and purpose of the Committee shall be to advise the City Council on the Ethics Policy, gather information from citizens regarding the Ethics Policy, and conduct hearing and inquiries as set forth in the enabling resolution. COUNCIL MOBILITY COMMITTEE The Council Mobility Committee was established by Resolution R2009-015. The Committee is composed of three Council Members. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. DALLAS REGIONAL MOBILITY COALITION In 1997, the City of Denton entered into an interlocal agreement with the Dallas Regional Mobility Coalition for the purpose of examining all issues related to and recommending transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation. The Executive Committee administers and governs the affairs of the Coalition. It consists of seven members, one each from the cities of Carrollton, Garland, Grand Prairie, Irving, Mesquite, Plano and Richardson being either the Mayor or another elected official designated by the City Council; four members, designated by the Mayor of Dallas, being either two or three elected officials from the City of Dallas and one or two community leaders who are non-elected officials; four members, one each from Collin, Dallas, Denton, and Ellis County, being either the County Judge or another elected official designated by the County Judge; elected officials from those cities not represented in either of the first two categories; one community leader (non-elected official) appointed by the Dallas County Judge; four ex-officio members being the Texas Department of Transportation District 18 District Engineer, the Executive Director of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Transit Authority, the Staff Director of the Regional Transportation Council; and one business leader (non-elected official) appointed annually by the Legislative Coalition of the Dallas Area Chambers of Commerce. Based on Denton’s population, one Executive Committee seat is available to be filled by the Mayor or another elected official. Currently, the Mayor has asked a council member to serve as the City’s designee to the Coalition. DEVELOPMENT CODE REVIEW COMMITTEE (AD HOC) The minutes of the Council meeting of March 7, 2006 established this Committee. Membership consists of two or three council members and two or three Planning and Zoning Commission members. The purpose of the Committee is to review proposed amendments to existing development criteria, as well as recommend changes to the Denton Development Code. HOTEL OCCUPANCY TAX COMMITTEE The Hotel Occupancy Tax Committee was established by Resolution R2009-015. The Committee is composed of three Council Members. The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and the hotel/convention industry, and to recommend organizations to receive funding to the City Council. LAKE RAY ROBERTS PLANNING AND ZONING Enacted by S.B. 209, the Lake Ray Roberts Planning and Zoning consists of 3 residents of affected precincts who own land in the County appointed by the County Judge, one resident of each commissioners precinct that is affected appointed by the County Commissioner for that precinct, and the Mayor or a designee that includes any part of the lake area in the county. NORTH TEXAS COMMISSION MEMBERSHIP Founded in 1971, the North Texas Commission is a regional non-profit organization of businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions in the North Texas Region. North Texas Commission membership provides the resources to carry out programs that benefit the entire region. Any North Texas business, city, county, chamber of commerce, economic development entity or higher education institution may join the North Texas Commission. The City’s membership in the Commission provides for two members – currently the City Manager and Mayor. REGIONAL TRANSPORTATION COUNCIL Since 1974, the North Central Texas Council of Governments has served as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC) is the policy body for the MPO. The RTC consists of 37 members, predominantly locally elected officials, overseeing the regional transportation planning process and project selection. The City of Denton has one representative on the RTC. TEXAS MUNICIPAL POWER AGENCY The Power Sales agreement dated September 1, 1976 designated two representatives from the City of Denton to serve on the Board of Directors. Two representatives are approved by the City Council who may, but need not necessarily be, members of the City Council and the Public Utilities Board. The Board of Directors assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. COUNCIL COMMITTEE ASSIGNMENTS 2017-2018 COMMITTEE MEMBERS Agenda Committee Watts Bagheri Airport Committee Vacant Vacant Watts Audit/Finance Committee Vacant Bagheri Watts Committee on Citizen Engagement Gregory Vacant Briggs Committee on the Environment Briggs Gregory Vacant Council Appointee Performance Review Vacant Committee Gregory Watts Ethics Committee Briggs Vacant Vacant Alternate #1 Ï Watts Alternate #2 Ï Vacant Alternate #3 Ï Gregory Alternate #4 - Bagheri Hotel Occupancy Tax Committee Vacant Gregory Watts Mobility Committee Gregory Briggs Vacant EXTERNAL MEMBERS Community Justice Council Vacant Convention and Visitor Bureau Bagheri Gregory Vacant Dallas Regional Mobility Coalition Vacant Lake Ray Roberts P&Z Briggs North Texas Commission Watts Regional Transportation Council Bagheri Ryan (Alternate) Texas Municipal Power Agency Watts AD HOC MEMBERS Council Community Event Center Committee Vacant Gregory Bagheri Development Code Review Committee Briggs Bagheri Vacant City Council Employee Benefits Committee Briggs Vacant Bagheri BOARD MEMBERS Economic Development Partnership Board Johnson Watts Downtown Denton TIF Reinvestment Zone Roden No. 1 Board Watts Tax Increment Reinvestment Zone No. 2 Johnson Board Watts City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-797,Version:1 AGENDA CAPTION Receiveareport,holdadiscussionandgivestaffdirectionregardingBoardandCommissionnominationsand appointments. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Secretary’s Office CM/ DCM/ ACM: Bryan Langley, Deputy City Manager DATE: June 27, 2017 SUBJECT Receive a report, hold a discussion and give staff direction regarding Board and Commission nominations and appointments. BACKGROUND In the upcoming weeks, Council will begin considering board and commission nominations. In preparation of those meetings, the following information is provided for your review. Boards and Commissions A listing of positions vacant or with terms expiring by board/commission (in notebook) A listing of positions vacant or with terms expiring by council member (in notebook) Board and Commission notebook detailing attendance information, applications, board preference and current members At a previous annual City Council Planning Session, several points of discussion suggested using the appointments more intentionally as a way to engage future leaders and to reflect agreement with Council direction and diversity. There are eighteen standing boards and commissions. With the exception of the Civil Service Commission whose members are appointed by the City Manager and the Denton Housing Authority whose members are appointed by the Mayor, the Council is responsible for making nominations and approving appointments to these boards and commissions. Nominations for the Economic Development Partnership Board are accomplished through a nominating committee and confirmed by the Council. The Tax Increment Reinvestment Zone Number Two Board membership mirrors the EDP Board membership and the Downtown Denton TIF Reinvestment Zone Board are appointed by Council. These appointments will be considered at a later date. Section 8.3 (3) of the Council Rules of Procedure details the Council philosophy for board and commission nominations: Individual Council Members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council Members will consider ethnicity, gender, socio- economic levels, and other factors to ensure a diverse representation of Denton citizens. The City Council will take into consideration an individual’s qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. In an effort to ensure maximum citizen participation, City Council Members will continue the general practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board per the provisions of Denton Code of Ordinances, Section 2-65. Each City Council Member is responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council Member’s place. Individual City Council Members will make nominations to the full City Council for the governing body’s approval or disapproval. The recommended timeline for the nomination/appointment process is as follows: June 27 Vacancy information provided to Council July 25 Nominations due to City Secretary August 1 Work Session to discuss nominations; confirm nominations in Regular Session August 15 Additional meeting to complete nominations, if necessary Respectfully submitted: Jennifer Walters City Secretary City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-812,Version:1 AGENDA CAPTION Receive a report from the Charter Review Committee on their recommendations and proposed revisions to the Denton City Charter and give staff direction. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© Exhibit 1 Agenda Information Sheet DEPARTMENT: CM/ ACM: Bryan Langley, Deputy City Manager Date: June 27, 2017 SUBJECT Receive a report from the Charter Review Committee on their recommendations and proposed revisions to the Denton City Charter and give staff direction. BACKGROUND On September 27, 2016, the City Council discussed potential revisions to the Denton City Charter at a Council Work Session. Council identified seven areas for possible revision and called for the establishment of a Charter Review Committee. As such, staff prepared a resolution to form a Charter Review Committee approved by the City Council on October 11, 2016. The resolution created a 21-person member Committee, allowed for the creation of subcommittees, and charged the Committee with evaluating seven potential changes to the Charter. DISCUSSION Since December 2016, the Committee has held numerous meetings to review and discuss the charges outlined in the authorizing resolution. The chair of the Committee, Joe Mulroy, will session. T from May 17, 2017 is attached (Exhibit 2), which includes a copy of the presentation and proposed Charter amendments. the Charter and decide if a Charter election should be called. The following is a draft timeline to call a Charter election for November 2017: Review draft ballot language: Tuesday, July 18 City Council meeting Review and pass an election ordinance: Tuesday, August 1 City Council meeting Last date to call an election: Monday, August 21 Election: Saturday, November 7 PRIOR ACTION/REVIEW (Council, Boards, Commissions) nd 3 subcommittees (Stipend, Recall, and Ethics) that held a total of 10 subcommittee meetings. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence EXHIBITS 1. AIS Sheet 2. Charter Review Committee Final Report Respectfully submitted: Bryan Langley Deputy City Manager Sarah Kuechler Assistant to the City Manager Report Charter Review Committee Final Report May 17, 2017 BACKGROUND OnSeptember 27, 2016, the City Council discussed potential revisions to the Denton City Charter at a Council Work Session. Council identified seven areas for possible revision and called for the establishment of a Charter Review Committee. As such, staff prepared a resolution to form a Charter Review Committee which was approved bythe City Council on October 11, 2016 (Exhibit 1). The resolution created a 21-person member Committee, allowed for the creation of subcommittees, and charged the Committee with evaluating seven potential changes to the Charter as follows: 1.Should the composition of the Council changeto 6 single-member council districts and 1 at-large mayoral district? (Sec. 2.01) 2.Should the current 3 consecutive two-year term limitationsbe changed? (Sec. 2.01) 3.Should the current one-year district residency eligibility requirementbe amended? (Sec. 2.02) 4.Should the percentage signature requirement for recallpetitions be increased? (Sec. 4.13) 5.Should the appointment, duties, and responsibilities of the city auditorbe clarified? (Sec. 6.04) 6.Should the current conflict of interest and nepotism provisions be replaced with alternative ethics provisions? (Secs. 14.04 and 14.05) 7.Should a salary or stipendbe established for council members? COMMITTEE WORK The Committee held its first organizational meeting on December 14, 2016. Over the last few months, the Committee has held 8 meetings and formed 3 subcommittees (Stipend, Recall, and Ethics), which held a total of 10 subcommittee meetings. The attached presentation (Exhibit 2) outlines the general meeting topics of each of the 8 Committee meetings and the three subcommittees. The presentation outlines the question to be answered for each charge, the issues identified by s after thoughtful discussion and deliberation on each of the charges.All of the agendas, minutes, and meeting materials for the www.cityofdenton.com) under the Government tab and clicking on the Charter Review Committee. Much time and effort was dedicated by members of the Committee into forming these recommendations to the City Council. Based on the recommendations, the Committee is proposing amendments to the Charter as shown in Exhibit 3for Charges 3, 4, 5, 6, and 7. EXHIBITS Exhibit 1 Resolution Exhibit 2 Presentation Exhibit 3 Proposed Charter amendments pg. 1 Report Respectfully submitted: Joe Mulroy Chair of the Charter Review Committee Charter Review Committee Members: Dr. Jim Alexander, Dr. Bob Bland, Billy Cheek, Erin Clegg, Kyle Eaton, Sheryl English, Phil Gallivan, Monica Glenn, Herbert Holl, Colette Johnson, Ron Johnson, Dr. Patrice Lyke, Stu Morrhead, Annetta Ramsay, Marty Rivers, Prudence Sanchez, Steve Sullivan, Michael Upshaw, Jorge Urbina, David Zoltner. pg. 2 Exhibit 1 pg. 3 Exhibit 1 pg. 4 Exhibit 1 pg. 5 Exhibit 2 Findings and Recommendations May 17, 2017 September 27, 2016 ÏCity Council held a work session discussion regarding potential revisions to the Denton City Charter Council identified seven areas for possible revision Council also called for the establishment of a Charter Review Committee October 11, 2016 ÏCouncil approved a resolution forming a Charter Review Committee Created a 21 person member committee Allowed for the Committee to create subcommittees Charge of the Committee was to evaluate seven potential changes to the Charter and to provide recommendations City Attorney to draft all revisions as recommended 2 pg. 6 Exhibit 2 #SubjectCharge 1Districts Should the composition of the Councilchange to6 single-member council districts and 1 at-large mayoral district?(Sec. 2.01) 2Terms Shouldthe current 3 consecutive two-year termlimitations be changed? (Sec. 2.01) 3DistrictResidency Shouldthe current one-year district residency eligibility requirement be amended? (Sec. 2.02) 4RecallPercentage Shouldthe percentage signature requirement for recall petitions be increased? (Sec. 4.13) 5City Auditor Should the appointment,duties, and responsibilities of thecity auditor be clarified? (Sec. 6.04) 6Ethics Should the current conflict of interest and nepotism provisions be replaced with alternative ethics provisions? (Secs. 14.04 and 14.05) 7Stipend Should a salary or stipend be establishedfor council members? 3 Chair: Joe Mulroy Members: Dr. Jim Alexander, Dr. Bob Bland, Billy Cheek, Erin Clegg, Kyle Eaton, Sheryl English, Phil Gallivan, Monica Glenn, Herbert Holl, Colette Johnson, Ron Johnson, Dr. Patrice Lyke, Stu Morrhead, Annetta Ramsay, Marty Rivers, Prudence Sanchez, Steve Sullivan, Michael Upshaw, Jorge Urbina, David Zoltner. Agendas, Minutes, and Meeting Materials: www.cityofdenton.com(Under Government tab, Charter Review Committee) Final Report: The final report and detailed language proposals for Charter revisions are included as a separate exhibit. 4 pg. 7 Exhibit 2 Meeting DateGeneralMeeting Topics December 14, 2016 Organizational Meeting January 18,2017 Reviewed prior Charter amendments Begandiscussions on charges February1, 2017 Continued discussions on charges February 15, 2017 Formedtwo subcommittees on Stipends and Recalls Continued discussions on charges March 1, 2017 Received an ethics presentation from Alan Bojorquezof the Texas Center for Municipal Ethics March 15,2017 Formeda third subcommittee on Ethics Continued discussions on charges April 19, 2017 Reviewed 3 subcommittee recommendations May 17, 2017 Reviewed and voted on final Committee recommendations 5 SubcommitteeCo-ChairsMembersMeetings Stipend Sheryl EnglishSteve SullivanFormedon February 15 Bob BlandAnnettaRamsayHeld meetings Kyle Eaton Stu Moorhead Monica Glenn Recall Mike UpshawErin CleggFormed on March 15 Jorge UrbinaDavid ZoltnerHeld 3 meetings Billy Cheek Ron Johnson Collette Johnson Ethics JimAlexanderPhil GallivanFormed on March 15 Patrice LykeHerbert HollHeld meetings Joe Mulroy MartyRivers Prudence Sanchez 6 pg. 8 Exhibit 2 The Charter was adopted in 1959; it has only been amended 5 times. Below are a few items of significance: o 1976 ÏIdentification of council places o 1979 ÏIncreased the number of council persons from 5 to 7; added that the mayor would be elected directly by the voters; and established that places one, two, three, and four shall be residents of a geographically defined district o 1999 ÏClean up of the charter to conform to Texas law and add gender neutral language o 2006 ÏInclusion of a reference to the City Auditor; clarification on who sets salaries; and deleted the requirement that the city manager, mayor, and director of Planning be ex- officio members of the Planning and Zoning o 2009 ÏClarified that council members may serve three full consecutive 2-year terms in a place, after which council members may be elected to another place on the council, but no longer than 12 consecutive years; clarified residency requirements for council members; and established that a vacancy in the office of mayor during an unexpired term will be filled by a special election, not the mayor pro tem 7 Question: Should the composition of the Council change to 6 single-member council districts and 1 at-large mayoral district? Issues Identified: Committee reviewed council compositions of other cities and average number of residents per council member Committee discussed increasing from 7 to 9 representatives, but decided not to proceed further or to request an amended charge Committee determined the current council composition of 4 single-member council districts, 2 at-large council members, and 1 at-large mayoral district should remain With the present composition, every citizen gets to vote for 4 out of 7 council member positions Committee Recommendation: Unanimous recommendation by committee to make no revisions 8 pg. 9 Exhibit 2 Question: Should the current 3 consecutive two-year term limitations be changed? Issues Identified: Discussed if current term limits should be maintained or if it should be changed to 2 consecutive three-year terms Committee acknowledged the pros and cons of two-or three-year terms and the points that were covered by the previous Charter committee in 2009 Determined that the topic had been thoroughly discussed and considered previously Two-year terms were deemed to provide accountability for elected officials Committee Recommendation: Unanimous recommendation by committee to make no revisions 9 Question: Should the current one-year district residency eligibility requirement be amended? Issues Identified: Clarify that a person running for office must have resided within the corporate limits of Denton andwithin the district or at-large place in which elected for at least one year preceding his or her election Change ÑresidedÒ to ÑdomiciledÒ Ïdefined as principal place of establishment to address concerns of multiple addresses or residences Committee Recommendation: Unanimous recommendation by committee for proposed revision 10 pg. 10 Exhibit 2 Question: Should the percentage signature requirement for recall petitions be increased? Issues Identified: Recognized community concerns regarding the number of signatures required to obtain a recall in single-member council seats who are unopposed in their elections Reviewed recall standards of other communities; comparable communities were closer to 35% Reviewed voter turnouts, voter registrations, and weighed using another method Found that the last recall petition and election was anomaly Recognized the considerable cost of recall elections; however, signatures required should not be unduly burdensome to voters Committee Recommendation: Increase the signature requirement for a recall petition from 25% of votes cast for that seat to 35% Unanimous recommendation by committee for proposed revision 11 Question: Should the appointment, duties, and responsibilities of the city auditor be clarified? Issues Identified: Ambiguity in current Charter language if the position is mandatory; Committee determined it was a mandatory appointed position Clarify city auditorÔs main duties and responsibilities in the Charter Desire for the Council to maintain some flexibility to fulfill this role Clarify that the city auditor is independent of the city manager and their staff Committee Recommendation: Unanimous recommendation by committee for proposed revision 12 pg. 11 Exhibit 2 Question: Should the current conflict of interest and nepotism provisions be replaced with alternative ethics provisions? Issues Identified: Under the current Charter, City Council could adopt an Ethics Ordinance However, provisions adopted in an Ethics Ordinance could conflict with the two current Charter ethics provisions if different: o Personal Interest-Any officer or employe with a substantial interest in a business or real property, as defined by chapter 171, shall comply with the chapter and shall abstain from voting on such matter. o Nepotism-No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments. 13 Committee Recommendation: Charter Language -Recommended adopting Charter language that City Council shall adopt an ethics ordinance that addresses 4 ethics components at a minimum Ethics Ordinance -In addition to recommended Charter language, the committee recommended several issues to be addressed at a minimum by Council in an ethics ordinance. Unanimous vote for approval on May 17 14 pg. 12 Exhibit 2 The City Council shall adopt an ethics ordinance. At the minimum, the ethics ordinance shall incorporate the conflict of interest standards that appear in chapter 171 of the Texas Local Government Code and all state law as presently exist or may be hereafter amended or adopted. The Council may adopt more stringent standards than those that appear in state law, but the ethics ordinance shall at a minimum include the following components: (1)Definition of a prohibited improper economic interest and personal gain; (2)Definition of recusal and improper participation when a potential conflict of interest is present; (3)Avoidance of appearance of conflict of interest; and (4)Administration and enforcement of ethics ordinance coupled with strong and meaningful remedies for infraction. 15 Elected and appointed officials shall recuse themselves from any discussion or agenda item wherein a conflict or appearance of conflict of interest may exist. Recusal shall mean not only NOT VOTING but also not participating in discussions, deliberations, or lobbying regarding the matter or closely related matters, either in the public forums or otherwise. Conflict shall be at a minimum as defined in the state law and more stringent in that percentage of ownership shall not be greater than 2 % or $ 500, whichever is less, nor income derived be greater than $ 1,000 for either prior or current year. Conflict criteria shall apply to officials and appointees who have fiduciary relationships with parties with pecuniary interest in such matters. Elected and appointed officials shall comply with all applicable laws of the State of Texas, including but not limited to Local Government Code Chapter 145, Local Government Code Chapter 171, Local Government Code Chapter 176, Penal Code, Sections 36.02, 36.03, and 36.04. Ethics complaints shall be heard by a three-person panel with mediation and arbitration experience. Council shall select and determine remuneration for a panel pool of not less than seven so that a rotating sequence may be established. A mandatory Ethics training regimen shall be adopted and enforced for all elected and appointed public officials. The regimen shall address both introductory and ongoing training with a minimum of quarterly continuing education for Ethics. Consideration shall be undertaken to include all city employees under the Ethics Ordinance to promote employee ethics education, compliance and ongoing training. Care should be exercised to fully interface existing policies and procedures to avoid management conflicts. 16 pg. 13 Exhibit 2 Question: Should a salary or stipend be established for council members? Issues Identified: Committee determined a stipend was appropriate; the Subcommittee was tasked with determining a proper amount Stipend would help promote a more diversified city council Reviewed other city council stipend amounts, reviewed poverty levels, and considered that it should be an amount in recognition for the time and effort spent Committee Recommendation: $750/month for Council Member and $1,000/month for Mayor; Council can vote to increase a maximum of 3% annually Unanimous vote for approval on April 19 17 pg. 14 Exhibit 3 Charge #3 - One-Year District Eligibility Requirement Amend the following section: Sec. 2.02. -Qualifications. (a)Each member of the council, in addition to having the other qualifications prescribed by law: (1)Shall be registered to vote in the city; (2)Shall have resideddomiciledfor at least one year next preceding his or her election within the corporate limits of Denton and, if running within a single member geographic district, or at large place five (5) requiring residencya domicilein district one (1) or two (2), or at large place six (6) requiring residencya domicile in district three (3) or four (4), as set forth in Section 2.01,for at least one year preceding his or her election in the district in which elected; further, shall continuously reside be domiciled within the corporate limits of Denton and, if elected within a single member geographic district, or at large place five (5) requiring residency a domicile in district one (1) or two (2), or at large place six (6) requiring residency a domicile in district three (3) or four (4), in the district in which elected throughout his or her term of office. (3)Shall not hold any other public office of emolument; (4)Shall have and maintain the eligibility requirements for municipal officers set forth in Section 141.001 of the Texas Election Code, Vernon's Texas Civil Statutes Annotated hereinafter referred to as "Election Code" as it may now read or hereafter be amended. (b)If a member of the council shall, after being elected, cease to possess any of these qualifications or eligibility requirements, or shall hold another office of emolument, or enter a plea of guilty to a felony, or be convicted of a felony he or she shall immediately forfeit his or her office. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 5, 2-16-99, ratified 5-1-99; Ord. No. 2009-199, Amend. No. 2, 9-1-09, ratified 11-3-09) pg. 15 Exhibit 3 Charge #4 Recall Percentage Amend the following section: Sec. 4.13. - Filing and certification of petitions, recall election. (a) All papers comprising a recall petition shall be assembled and filed with the city secretary as one instrument. Within seven (7) days after a petition is filed, the city secretary shall determine whether each paper bears the names of five (5) electors who constitute a committee of the petitioners, and the required affidavit of the circulator thereof, and whether the petition is signed by qualified voters of the constituency of the councilmember whose removal is sought equal in number to at least twenty-five (25) thirty-five (35) percent of the number of the votes cast for that councilmember and all of his opponents in the last preceding general municipal election in which he was a candidate. As used herein "constituency" shall mean the qualified voters eligible to vote for the councilmember whose removal is sought, either by geographical district or at large, as the case may be. (b) If the city secretary finds the petition insufficient he shall return it to the committee of the petitioners, without prejudice, however, to the filing of a new petition based upon new and different grounds, but not upon the same grounds. If the city secretary finds the petition sufficient and in compliance with the provisions of this Article of the Charter he shall submit the petition and his certificate of its sufficiency to the council at its next regular meeting and immediately notify the councilman whose removal is sought of such action. (c) If the councilman whose removal is sought does not resign within seven (7) days after such notice the city council shall thereupon order and fix a date for holding a recall election not less than thirty (30) nor more than sixty (60) days after the petition has been presented to the council. If no general election is to be held within this time the council shall provide for a special election. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) pg. 16 Exhibit 3 Charge #5 - City Auditor Amend the following section: Sec. 6.04. -CityInternal aAuditor. The city auditor shall be appointed by the council and shall serve at the pleasure of the council, and shall perform such auditing duties as may be assigned from time to time by the council, or by the city manager at the direction of the council. The City Internal Auditor shall be appointed by the City Council, shall serve at the pleasure of the City Council, and shall perform such auditing duties herein described or as may be assigned by the Council. The position of the City Internal Auditor is to be held on a continuous, fulltime basis. On an interim basis, the City Council may engage external independent auditing resources to accomplish the Internal Audit function. The City Internal Auditor is responsible for providing (a) an independent appraisal of City operations to ensure policies and procedures are in place and complied with, inclusive of purchasing and contracting; (b) information that is accurate and reliable; (c) that assets are properly recorded and safeguarded; (d) that risks are identified and minimized; and (e) that resources are used economically and efficiently, and that The City Internal Auditor is responsible for directing all internal audit functions for the City of Denton to eliminate waste, fraud, and abuse. pg. 17 Exhibit 3 Charge #6 Ethics Charter Changes Delete the following sections: Sec. 14.04. - Personal interest. Any officer or employee of the city having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with Chapter 171 and, if necessary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 25, 2-16-99, ratified 5-1-99) Sec. 14.05. - Nepotism. No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments. This does not apply to a person who was appointed or employed by the city prior to the election or appointment of the council member. (Ord. No. 2006-232, Amend. No. 23, 8-28-06, ratified 11-7-06) Add the following section: The City Council shall adopt an ethics ordinance. At the minimum, the ethics ordinance shall incorporate the conflict of interest standards that appear in chapter 171 of the Texas Local Government Code and all state law as presently exist or may be hereafter amended or adopted. The Council may adopt more stringent standards than those that appear in state law, but the ethics ordinance shall at a minimum include the following components: (1) Definition of a prohibited improper economic interest and personal gain; (2) Definition of recusal and improper participation when a potential conflict of interest is present; (3) Avoidance of appearance of conflict of interest; and (4) Administration and enforcement of ethics ordinance coupled with strong and meaningful remedies for infraction. pg. 18 Exhibit 3 Charge #6 Ethics Ordinance Recommendations It is recommended the Ethics Ordinance address the following issues at a minimum: Elected and appointed officials shall recuse themselves from any discussion or agenda item wherein a conflict or appearance of conflict of interest may exist. Recusal shall mean not only NOT VOTING but also not participating in discussions, deliberations, or lobbying regarding the matter or closely related matters, either in the public forums or otherwise. Conflict shall be at a minimum as defined in the state law and more stringent in that percentage of ownership shall not be greater than 2 % or $ 500, whichever is less, nor income derived be greater than $ 1,000 for either prior or current year. Conflict criteria shall apply to officials and appointees who have fiduciary relationships with parties with pecuniary interest in such matters. Elected and appointed officials shall comply with all applicable laws of the State of Texas, including but not limited to Local Government Code Chapter 145, Local Government Code Chapter 171, Local Government Code Chapter 176, Penal Code, Sections 36.02, 36.03, and 36.04. Ethics complaints shall be heard by a three-person panel with mediation and arbitration experience. Council shall select and determine remuneration for a panel pool of not less than seven so that a rotating sequence may be established. A mandatory Ethics training regimen shall be adopted and enforced for all elected and appointed public officials. The regimen shall address both introductory and ongoing training with a minimum of quarterly continuing education for Ethics. Consideration shall be undertaken to include all city employees under the Ethics Ordinance to promote employee ethics education, compliance and ongoing training. Care should be exercised to fully interface existing policies and procedures to avoid management conflicts. pg. 19 Exhibit 3 Charge #7 - Stipend Add the following section: Each member of the City Council shall receive compensation in the form of a monthly stipend as set forth in this section. The initial monthly stipend shall be Seven Hundred Fifty Dollars ($750) for each member of City Council elected from a district or at large position, and One Thousand Dollars ($1,000) for the Mayor elected at large. These initial amounts shall become effective on ratification of this charter provision. City Council may, by a separate ordinance, approve an adjustment in the stipend no more frequently than once per fiscal year, but no increase in such compensation shall take effect until commencement of the terms of the Mayor and/or Council Members elected at the next regular election. Any increase in the stipend approved by ordinance shall not exceed three (3) percent per adjustment of the current stipend amount. Any increase greater than 3 percent shall require a two-thirds (2/3) vote of approval by the Council. The stipend shall be reported in the annual city budget as a separate line item. pg. 20 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-837,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding a policy and application to review low- income housing tax credit requests. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© Exhibit 1 Agenda Information Sheet DEPARTMENT: Community Development CM/ ACM: Todd Hileman, City Manager Date: June 27, 2017 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a policy and application process to review low-income housing tax credit requests. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA requires that developers receive resolutions of support or no objection from the municipality in which the project is located. In May 2017, the City Council considered two 4% low-income housing tax credit (LIHTC) requests from a developer, Ojala Holdings, in partnership with the Denton Housing Authority (DHA). Through this review, Council requested staff to research how other municipalities consider LIHTC requests and if a review process could be implemented to provide for a thorough review of proposed projects and set clear deadlines for the applicant to meet. DISCUSSION Staff has researched how other municipalities handle LIHTC requests with a summary provided in Exhibit 2. There a variety of methods for how cities approach the review and evaluation of requests. Some cities (1) list general evaluation criteria in which the request will be reviewed (Temple and Bexar County), (2) list policy preferences (Houston and Arlington), or (3) set minimum criteria or thresholds that need to be met for a request to even be considered (Plano and Fort Worth). For example, the City of Temple requires an applicant to fill out a standard application, meet established timelines, and review of the request is based on a number of general criteria, such as if it meets and land use plans. In comparison, the City of Fort Worth has a policy with specific criteria that must be met for a request to even be considered by the City Council, requiring a minimum percentage of units in the proposed development be dedicated to a rental assistance project or permanent supportive housing units for the homeless. Staff has drafted a basic policy and application in Exhibit 3 that could be implemented for the review of LIHTC requests. Below are some of the key components included based upon the last City Council discussion and after review of other cities: List general evaluation criteria Gather all relevant information to facilitate review o Detailed project narrative (preliminary site plan, zoning of property and land use compatibility, basic amenities, neighborhood and community outreach, access to public transportation, etc.) o Detailed financial narrative (a pro forma statement, description of taxable status, if tax exempt include projected loss of taxes and a detailed plan for how project revenues will be distributed and utilized in the community) o Checklist of attachments (including letters of support or opposition from school district and county) Set expectations for applicants Set an annual schedule and deadlines for applicant to meet The attached draft is intended to be a baseline to facilitate the review and consideration of LIHTC requests by the City Council. If the City Council would like to have a policy that includes priority considerations or policy thresholds, staff can analyze and draft for consideration. The policy and application process could be reviewed and amended each year by the Council based upon experience and number of LIHTC requests received. Please note that TDHCA sets policy for the Housing Tax Credit program annually. There is a possibility that TDHCA could change their requirements or evaluation criteria and no longer require a resolution of support or no objection from the municipality in the future; however, there is no indication the process will change in the near term. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This is the first City Council review of a draft policy and application. Based on Council direction, staff can make revisions and/or seek the input or feedback of non-profit housing agencies that may be applicants in this process. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.5 Provide support to citizens in need through social service agencies and programs EXHIBITS 1. AIS Sheet 2. Research of Other Municipalities 3. Draft Application 4. Presentation Respectfully submitted: Sarah Kuechler Assistant to the City Manager Barbara Ross Community Development Manager Research on Low-Income Housing Tax Credit RequestPolicies CITY POLICY HIGHLIGHTS Waco Establishes a process for review for requests, but does not identify what factors it might be evaluated on (no criteria Asks that applicant submit a number of items through one application package listed) Procedures: Low Income Housing Tax Credit Application Procedures Temple Goal of analyzing projects requesting support is to (a) establish if LIHTC projects merit local support and/or funding assistance and (b) prioritize LIHTC (General submissions if more than a single proposal is received during an evaluation evaluation period criteria) A list of general evaluation criteria is stated with an application required; project narrative section include a list of questions that will help the city analyze against the general evaluation criteria Specify that if a projects receives support and/or funding assistance and a substantial change is made before the start of construction, the developer must notify the City and request a new commitment of support Policy and Application: http://www.ci.temple.tx.us/2342/Low-Income-Housing- Tax-Credit Sherman Substantially the same as the City of Temple in both the policy and application Policy and Application: https://www.ci.sherman.tx.us/1031/LIHTC-Policy (General evaluation criteria) Bexar County A list of general factors is stated; including target population to be served, consistency with plan documents, if the project is off the property tax rolls, (General community support, and more evaluation An application is required; including information on the development team, criteria) request being made, project information, project characteristics, site information, and a number of attachments including a basic pro-forma Policy and Application: http://www.bexar.org/2054/TDHCA-Housing-Tax- Credits Houston Instructions list priorities for the City in reviewing LIHTC requests: o Major renovation of older multi-family properties (Priority o Revitalization of the Community Revitalization Areas (CRAs) and CRA considerations Outreach areas funded in part by the State of Texas Disaster Relief listed) o Construction of housing for large families (3 or more bedroom units) Policy and Instructions: http://www.houstontx.gov/housing/Instructions_for_Support_Resolutions_201 7.pdf Arlington A one-page policy statement listing general evaluation criteria and preferences: o The proposed developer has a track record of developing and managing (Priority high quality LIHTC housing considerations o The proposed project should be consistent with Comprehensive & listed) Consolidated Plans o The proposed project should use energy-efficient, sustainable building materials o The City has a preference for new development of senior housing or redevelopment of senior and/or workforce housing o The City has a preference for local experience constructing and owning/managing well-maintained, quality properties using these criteria as well as applicable city ordinances and make a recommendation to the Community and Neighborhood Development Committee as to whether the proposed project should be reviewed by City Council Fort Worth Separate policies for 4% and 9% requests that are reevaluated at least annually Policy for 4% (Thresholds to o A development must have one of the following for a resolution of no meet) objection: 10% of total units dedicated for Rental Assistance Demonstration project (RAD); OR 5% of the total units set aside as Permanent Supportive Housing (PSH) units and a minimum of five percent of the total units set aside as market rate o The Council may also consider support for 4% applications: that are public private partnerships between a developer and a public entity, that provide affordable housing for seniors, or that provide affordable housing for households making at or below 30% percent on area median income (AMI) Policy for 9% o A development must have a minimum of five percent of the total units are dedicated as market rate units and it has met one the following: 10% of total units dedicated for Rental Assistance Demonstration project (RAD); OR 5% of the total units dedicated as Permanent Supportive Housing (PSH) units A basic initial screening application is required Plano Applicants must meet at least 4 of the 6 threshold questions and be deemed financially stable in order for staff to give a recommendation of support or no (Thresholds to objection to Council: meet) 1. Addresses a housing need in Consolidated Plan for HUD programs 2. Applicant has experience with Plano on building or maintaining affordable housing or a letter of support from a municipality 3. Development is within 0.5 miles walking distance of DART transportation or a high opportunity area 4. At least 25% of units are market rate units (preference for mixed income developments) 5. Redevelops a multifamily complex or underperforming development 6. Includes at least 4 energy efficient or sustainable build components from a list Separate applications for 4% and 9% requests Application and Policy: https://www.plano.gov/DocumentCenter/View/20285 El Paso Adopted a timeline, evaluation criteria, and a point system based upon the HTC applicants and requests are accepted on a rolling basis throughout the year (Specific The criteria categories are as follows: criteria and o Maximize affordable housing units within the City with whatever scoring for 9%) combination of projects produces the most affordable housing units given allocation of funds for the region; o Support breaking the cycle of poverty and supporting upward mobility by either directly providing or facilitating availability of social services; o Residents given an opportunity for inclusiveness and afforded an opportunity to access public services; o Local presence and long-term accountability in El Paso; o Meets City smart growth initiative as set out in Plan el Paso. 2017 Low Income Housing Tax Credits Request for Municipal Resolution DRAFT 6/16/2017 City of Denton Low Income Housing Tax Credit (LIHTC) Request for Support 2018 POLICY Policy Statement: To meet the housing and development objectives of the City of Denton, it shall be the support for proposed Low Income Housing Tax Credits (LIHTC). Such analysis is to determine if the projects comply with certain Denton 2030 Plan, as well as various other master, strategic, and redevelopment or neighborhood plans adopted by the City of Denton. The goal of this analysis is to (a) establish if LIHTC projects merit local support, and (b) prioritize LIHTC submissions if more than a single proposal is received during an evaluation period. The Office of Community Development, which is organized under the Development Services Department, primary staff and point of contact for all LIHTC programs. Evaluation Criteria: The City of Denton is committed to the goal of improving the quality of life in the City, its neighborhoods and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City supports the development of decent, safe, sanitary, and affordable housing options that provides full and equal access to all persons. Therefore, in general, the City of Denton will use the following criteria including, but not limited to, in evaluation of projects for consideration of City support: Alignment with the Comprehensive Plan, Future Land Use Map, and zoning; Involvement and support from local stakeholders and neighborhood organizations; Impact on surrounding neighborhood(s); Impact on affordable housing in the community and neighborhood; Developments that pay property taxes; Provision of both tax credit and market rate units; Impact on area schools and support from the school district; Demonstrated development team experience; Quality of design and construction; Impact on City infrastructure; Impact of traffic associated with the project; Availability of and impact on public transit service; Preservation of environmental assets and/or enhancement of landscaping; Any other factor relevant to the best interest of the City. Required Information: Before a project will be evaluated by the staff, each applicant requesting support must submit the City of application with all attachments. The application and list of required documents are available owww.cityofdenton.com. Annual Schedule: The City of Denton will establish and announce each year an annual schedule of deadlines and other dates of importance for consideration of City support for LIHTC projects. The schedule www.cityofdenton.com. Meeting with City Staff: No less than one meeting with the applicant, developer, sponsor, and relevant City staff will take place to discuss the proposed project in general, and any issues and concerns identified in the application in particular. DRAFT 6/16/2017 Presentation to City Council: The Applicant will be requested to give a presentation to the City Council regarding their proposed project. Presentations will generally be scheduled during a City Council Work Session in the month of February. Substantial Changes: Should a project which receives support from the City have a substantial change including, but not limited to, the following before the start of construction, the Developer must notify the City of Denton in writing and request a new commitment of support: Number of units Type of units Target population Amenities Type of construction Developer / sponsor / owner Final site development plan Administration of the LIHTC Program: The LIHTC program in the State of Texas is administered by the Texas Department of Housing & Community Affairs. The City of Denton has no responsibility for application approval for LIHTC projects or for the administration of the LIHTC program. Development Review: approve, disapprove, or modify the developers proposed site plans or to modify the zoning for the proposed development. DRAFT 6/16/2017 City of Denton Low-Income Housing Tax Credit (LIHTC) - Request for Support 2018 APPLICATION The City of Denton reserves the right to deny applications that do n-Income Housing Tax Credit Support Policy, various strategic and master plans, or policy direction from the Denton City Council. Before a project will be evaluated, each applicant requesting support must submit a completed application with all attachments in accordance with the timeline prescribed herein. Failure to do so may result in the application being denied consideration. 1. PROJECT INFORMATION a. Project name: b. Physical address of the project: c. Census tract number: d. School district(s): e. Project type: (Multi-family / Elderly / Supportive Housing / Other) f. Role of applicant: (Owner / Developer / Other ____) g. Housing Tax Credit application for: (9% HTC or 4% HTC) h. Applicant is requesting City Council resolution: (of Support / Stating No Objection) i. Is the property new construction or renovation? j. Total number of units: Total # of Units # of Market Rate # of Affordable SF of Each Unit Units Units 1 BR 2 BR 3 BR Total Units % of Total 2. APPLICANT INFORMATION a. Name: b. Business/Street address: c. City, State, Zip: d. Telephone number: e. Contact person: f. Contact telephone: g. Email address: h. DUNS #: i. Federal Tax ID: j. Have you developed other Housing Tax Credit projects? If yes, please list project names and addresses: DRAFT 6/16/2017 k.Please list names and addresses of all other affordable housing projects which you have developed: 3. PROJECT NARRATIVE A project narrative must be attached to this application and briefly address, at a minimum, each of the following items: a. Provide a preliminary site plan for the proposed project; b. Describe any tenant restrictions (e.g. income or age restrictions) and services, if any, to be provided to or made available to residents; c. List basic amenities and unit amenities proposed for the project; d. Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use, or include documentation verifying that a request to change current zoning has been submitted; e. Comprehensive Plan, Future Land Use Map, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by the City of Denton; f. Describe the involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and neighborhood associations contacted; g. Describe the impact the project is anticipated to have on surrounding neighborhood(s); h. Describe the impact the project is anticipated to have on existing affordable housing in the area; i. Describe the impact the project is anticipated to have on City infrastructure; including the impact of traffic associated with the proposed project; j. Describe the availability of and impact the project is anticipated to have on public transit service; k. Describe the impact the project is anticipated to have on area schools; l. Attach letters of support or opposition from the school district and county. 4. FINANCIAL NARRATIVE A financial narrative for the project must be attached to this application and briefly address, at a minimum, each of the following items: a. Provide a pro forma statement for the project; b. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the development will be tax exempt; c. If tax exempt, provide: i. A projected loss of property taxes (to each taxing entity and in total) over the 15- year period, and include assumptions and comparable properties utilized; ii. A copy of the fiscal year budget and strategic plan of the non-profit housing partner; iii. A detailed plan clearly showing how project revenues will be distributed, including uses by the non-profit housing partner and community contributions and investments. DRAFT 6/16/2017 d.Provide a true-up of any LIHTC projects previously supported and approved by the Denton City Council. 5. CHECKLIST Project Narrative (from Section 3), including following attachments Preliminary Site Plan Letter of zoning verification All letters of support and/or opposition Letters of support and/or opposition from the school district and county Financial Narrative (from Section 4), including following attachments Pro Forma Statement If tax-exempt, projected loss of property tax, annual budget and strategic plan of non- profit housing partner, and detailed plan for how projected revenues will be used True-up of any projects previously approved by the Denton City Council Location map including other affordable housing within a two-mile radius TDHCA self score Census tract map with site identified Community assets map 6. SUBMISSION INFORMATION The Community Development division TDHCA programs. Before a project will be evaluated, each applicant requesting support must submit a completed application with all attachments. City of Denton 2018 Important Dates: January xx, 2018: Application Deadline February xx, 2018: Presentation from Applicant(s) at City Council Work Session March xx, 2018: Consideration of Resolution(s) at City Council Meeting Completed applications should be submitted to: _____________________ DRAFT 6/16/2017 Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using the e-mail addresses provided, of the meeting dates as soon as they are determined. 7. CERTIFICATION I, ___________________ (name), _______________________ (title) of _____________________________ (Applicant name) certify that all of the information in this application and exhibits is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. ________________________________ (signature) ________________________________ (date) 6/16/2017 LowIncomeHousingTaxCredit (LIHTC)ApplicationandPolicy DentonCityCouncil June20,2017 WhatistheLIHTCProgram? ¤Createdbyfederalgovernmentin1986toencourageinvestmentand developmentofaffordablerentalhousing ¤InTexas,theprogramandtaxcreditsareadministeredbytheTexas DepartmentofHousing&CommunityAffairs(TDHCA) ¤Twotypes:4%(noncompetitive)and9%(competitive) ¤TDHCAranksapplicationssubmittedbydevelopersbased,inpart,on whethertheyhavesupportfromtheirprospectivecommunities ¤ReferredtoastheannualQualifiedAllocationPlan(QAP)process 1 6/16/2017 HowdoCitiesPlayaRole? ¤Citiescanapprovearesolutionofsupport,noobjection,or opposition ¤Somecitieshavechosentoimplementapolicyandapplication process ¤Tohelpdeterminewhichprojectsshouldbesupported ¤Toestablishexpectationsandproceduresforapplicants ¤Researchofothercities,rangeofmethodsused: ¤Noevaluationcriteria ¤Generalevaluationcriteria ¤Priorityconsiderationsorpreferences ¤Minimumpolicythresholds DraftPolicyandApplication ¤Staffhasdraftedapolicyandapplication(Exhibit3)forCouncilreview anddiscussionafterreviewingothercities ¤Keycomponents: ¤Statethe/źƷǤƭintent ¤Listgeneralevaluationcriteria ¤Gatherallrelevantinformationtofacilitatereview ¤Setexpectationsforapplicants ¤Setascheduleanddeadlinesforapplicanttomeet ¤Alignwith5I/!ƭannualQAPprocess 2 6/16/2017 DraftPolicyandApplication ¤Checklistofsubmittals: ProjectNarrative(fromSection3),includingfollowingattachments PreliminarySitePlan Letterofzoningverification Alllettersofsupportand/oropposition Lettersofsupportand/oroppositionfromtheschooldistrictandcounty FinancialNarrative(fromSection4),includingfollowingattachments ProFormaStatement Iftaxexempt,projectedlossofpropertytax,annualbudgetandstrategic planofnonprofithousingpartner,anddetailedplanforhowprojected revenueswillbeused TrueupofanyprojectspreviouslyapprovedbytheDentonCityCouncil Locationmapincludingotheraffordablehousingwithinatwomileradius TDHCAselfscore Censustractmapwithsiteidentified Communityassetsmap DraftPolicyandApplication ¤Proposeduseofgeneralevaluationcriteriaincluding,butnotlimited to: 3 6/16/2017 DraftPolicyandApplication ¤Staffcananalyzeand/orimplementadditionalpolicyconsiderations orminimumthresholdsifdirectedbyCouncil ¤Apolicyandapplicationcouldbereviewedandamendedeachby Councilbaseduponexperienceand/ornumberofrequestsreceived Questions 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-828,Version:1 AGENDA CAPTION DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;andConsultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss,deliberateandreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofacertain18.969acretractoutoftheDavidHoughSurvey,AbstractNo.646,inDenton County,Texas,andgenerallylocatedinthe2600blockofSouthMayhillRoad,Denton,Texas,includingasit relatestothewideningandrealignmentofMayhillRoad.ConsultationwiththeCity’sattorneysregarding legalissuesassociatedwiththepotentialacquisitionorreleaseofrealpropertyinterestsinthetractdescribed above,includingasitrelatestothewideningandrealignmentofMayhillRoad,whereapublicdiscussionof theselegalmatterswouldconflictwiththedutyoftheCity’sattorneystotheCityofDentonandtheDenton CityCouncilundertheTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwould jeopardizetheCity’slegalpositioninanyadministrativeproceedingorpotentiallitigation.(Optiontoacquire 18.969 acre Donnelly remainder tract - Ordinance 1997-276 & Ordinance 1997-292) City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-835,Version:1 AGENDA CAPTION DeliberationsregardingRealProperty-TexasGovernmentCodeSection551.072;ConsultationwithAttorneys - Texas Government Code Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothelease anduseof1001S.MayhillRd.,Buildings101and102,1301S.MayhillRd.,and651S.MayhillRd.,Denton, DentonCounty,Texas.ConsultationwiththeCity’sattorneysregardinglegalissuesassociatedwithleaseof leaseanduseofsaidpropertydescribedabovewhereapublicdiscussionoftheselegalmatterswouldconflict withthedutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexas DisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity’slegal position in any administrative proceeding or potential litigation. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-739,Version:1 AGENDA CAPTION Consideradoptionofanordinanceacceptingcompetitivebidsandawardingapublicworkscontractforthe constructionoftheMayhillRoadWideningandImprovementsprojectfortheCityofDentonwithgeographical limitsfromUS380/UniversityDrivesouthto500’northofEdwardsRoad;providingfortheexpenditureof fundstherefor;andprovidinganeffectivedate(IFB6389C-awardedtoZachryConstructionCorporationinthe not-to-exceed amount of $35,877,414.52). City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Mario Canizares DATE: June 27, 2017 SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Mayhill Road Widening and Improvements project for the City of Denton with geographical limits from US 380/University Drive south expenditure of funds therefor; and providing an effective date (IFB 6389C-awarded to Zachry Construction Corporation in the not-to-exceed amount of $35,877,414.52). IFB INFORMATION The Mayhill Road Widening and Improvements Project consists of the construction of a four lane divided concrete roadway with a wide median that will accommodate two additional lanes in the future. The project dewalk on the west side, and bridges that will span Cooper Creek and Pecan Creek. These bridges will be built to the pass the 100 year storm event. A 100-year storm/flood event is one that has a 1% probability of occurring in any given year. The existing Cooper Creek Bridge currently floods during lower storm events and has to be closed. The limits of this project are from US 380/University Drive to North of Edwards Road. Standard City of Denton purchasing procedures were utilized. Invitations for Bid were sent to 748 suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Bids for the project were opened on May 11, 2017. Eight (8) responses were received with a low base bid of $35,877,414.52 and a high base bid of $42,360,376.59. The bid tabulation is attached as Exhibit 2 for the base bid was $37 million. The low bidder for this project, Zachry Construction Corporation, appears to meet all of the necessary requirements for qualification on this project. A letter of recommendation from the design consultant, Freese and Nichols, Inc., is attached as Exhibit 3. RECOMMENDATION Award to the lowest responsible bidder meeting specification, Zachry Construction Corporation in the not- to-exceed amount of $35,877,414.52. PRINCIPAL PLACE OF BUSINESS Zachry Construction Corporation San Antonio, TX ESTIMATED SCHEDULE OF PROJECT The project is estimated to be completed within 900 calendar days from Notice to Proceed. FISCAL INFORMATION This project will be funded from Regional Toll Revenue account 350283444.1360.40100. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.1 Optimize resources to improve quality of City Roadways EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Consultant Recommendation Exhibit 4: Ordinance Exhibit 5: Contract Respectfully submitted: Galen Gillum, 349-7656 Director of Capital Projects For information concerning this acquisition, contact: Chad Allen at 349-7713. 45.58 352.00 4,200.008,640.003,450.75 65,680.0072,912.0030,000.0022,743.0026,100.0033,800.0012,400.0015,600.0014,907.2419,086.40 945,000.00201,600.00259,176.75999,684.00617,173.20501,115.00120,890.00162,540.00718,368.00206,262.50554,325.00422,487.00975,040.00105,600.00 4,200,000.003,292,800.002,894,675.001,333,440.006,969,550.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 900 Dallas, TX CorporationWITHIN 305.254.202.502.880.431.070.433.201.60 10.0012.6017.5016.0072.0070.0050.0025.0084.0021.0075.0039.0044.00 155.00105.00 1,050.001,450.001,300.001,550.001,300.001,600.00 14,700.0031,500.0016,800.00 4,200,000.00 Ed Bell Construction Company UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 132.50137.50 5,000.003,000.003,225.008,946.75 84,000.0098,520.0050,127.0036,000.0082,505.0048,735.0039,600.0057,200.0017,600.0026,400.0013,173.84 600,000.00197,468.00714,060.00496,230.00734,730.00468,785.00141,527.65168,112.80769,680.00591,280.00541,650.00145,200.00 4,200,000.002,800,000.001,384,370.008,718,907.051,218,800.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 30 Inc 900 4.009.003.005.001.001.001.251.000.381.250.75 Corporation Frisco, Texas 15.0011.0074.7581.9562.5530.0090.0045.0080.0050.0055.00 145.00108.60 1,250.007,000.002,200.002,200.002,200.002,200.002,200.00 12,500.0020,000.00 4,200,000.00 UNIT PRICE Mario Sinacola & Son's Excavating, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 53.00 346.50 2,400.009,000.003,547.50 48,274.8030,000.0027,075.0025,200.0032,500.0012,000.0015,000.0017,334.0019,086.40 710,250.00216,000.00197,468.00364,964.00785,697.50529,005.60636,901.00113,925.00164,065.00193,500.00838,096.00247,515.00384,332.00411,654.00864,240.00102,300.00 1,402,000.002,699,200.001,592,720.00 11,039,767.20 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 30 900 4.007.354.604.753.603.003.000.501.100.503.151.60 Corporation Mesquite, TX25.0086.0095.0079.2025.0098.0025.0052.0038.0039.00 600.00197.00125.00 1,400.001,250.001,500.001,250.001,550.00 12,050.0023,675.0018,000.00 Tiseo Paving Company 1,402,000.00 UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 42.40 330.00 2,000.008,100.003,225.00 52,544.0063,798.0016,800.0019,494.0028,800.0033,800.0013,600.0015,600.0013,867.2017,893.50 291,200.00180,000.00216,000.00180,189.55238,020.00909,755.00558,394.80455,853.00155,430.00185,760.00949,272.00165,010.00443,460.00530,817.00115,500.00 3,740,000.001,518,640.009,220,714.651,329,600.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 21 900 3.658.003.005.503.802.002.700.401.000.403.001.50 Corporation Mesquite, TX14.0082.0090.0066.1514.0018.0060.0049.0060.00 500.00141.00120.00111.00 1,300.006,000.001,600.001,300.001,700.001,300.001,750.00 Glenn Thurman, Inc 18,000.00 3,740,000.00 UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 53.00 322.50101.20 2,000.001,500.00 42,035.20 68,355.00 39,600.00 27,075.00 23,400.00 29,900.00 11,200.00 13,800.00 95,700.00 31,894.56 11,929.00 246,400.00900,000.00180,000.00246,835.00714,060.00992,460.00440,838.00504,348.00141,614.00168,732.00675,608.00412,525.00413,896.00422,487.00886,400.00 3,750,000.001,389,000.007,805,896.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 15 900 5.006.409.006.003.005.000.500.500.100.920.921.00 Corporation 15.0075.0082.0056.0033.0079.0025.0056.0039.0040.00 500.00156.00109.00 Fort Worth, Texas 1,100.001,300.001,150.001,400.001,150.001,450.00 30,000.0015,000.00 3,750,000.00 Texas Sterling Construction Co UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 44.52 346.50 2,000.008,550.003,386.25 68,355.0032,400.0014,349.7517,730.0026,650.0011,600.0013,800.0089,100.0014,560.5618,847.82 448,000.00255,000.00174,000.00222,151.50236,448.00515,710.00367,365.00475,251.00103,620.00120,744.00701,264.00206,262.50421,287.00357,489.00819,920.00 3,500,000.001,157,870.001,148,240.009,060,415.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 45 900 4.506.507.002.502.502.850.421.050.423.151.58 Denton, TXCorporation 36.0015.0062.0060.0078.0065.0027.0082.0013.2557.0033.0037.00 500.00147.00985.00 2,000.008,500.001,025.001,450.001,150.001,350.00 14,500.00 Jagoe-Public Company 3,500,000.00 UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 53.00 357.50 3,000.008,250.004,031.25 63,798.0021,000.0027,075.0027,000.0039,000.0014,400.0018,000.0017,334.0020,875.75 750,000.00192,000.00160,442.75190,472.00337,195.00868,402.50514,311.00484,950.00141,614.00170,280.00726,920.00144,383.75362,159.00411,654.00118,800.00 3,479,477.451,680,000.001,444,560.007,666,505.001,041,520.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 900 3.254.255.253.501.752.750.501.250.503.251.75 29.0014.0078.0082.0055.0017.5085.0025.0049.0038.0047.00 Webber, LLC. 750.00150.00110.00 7,500.001,500.001,500.001,800.001,500.001,800.00 25,000.0016,000.00 The Woodlands, Texas 3,479,477.45 Limited Liability CompanyPer the contract documents UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 95.4099.00 5,444.723,000.002,902.508,667.00 60,491.2818,228.0040,668.0026,392.7118,293.5836,086.7013,600.0016,145.8879,144.5616,104.15 418,229.70168,870.00197,468.00235,639.80575,626.80542,230.74446,154.00155,430.00180,651.60576,319.28115,507.00300,518.06415,120.56 2,880,431.002,800,000.001,240,840.006,824,583.361,196,640.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 30 900 Corporation 4.009.212.973.483.694.001.401.000.900.900.250.901.35 67.0090.0048.9633.8967.3924.3740.6638.3254.00 San Antonio, TX 138.00116.70 1,361.181,016.311,387.951,700.001,345.491,199.16 12,500.0013,940.9914,072.50 2,880,431.00 UNIT PRICE Zachry Construction Corporation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ LSLFLFLFLFLFLFLFLF SYSYSYSYSYSYSYSYSYSY EAEACYCYEAEAEAEAEA MO STA TONTONTONTON UNIT 418 301218261266 224106110 6,5683,2334,5571,7271,5481,2008,5521,0837,3913,0003,225 49,36779,34018,52082,50510,83322,16034,66811,929 165,410146,946139,391 QUANTITY ESTIMATED (12") (SLD)(SLD) (BRK) WIDTHS) (BRK) (2') (BRK) (10') DESCRIPTION EMBANKMENT PROJECT SIGNS 8" FLEXIBLE BASE CURB RAMP (TY 1)CURB RAMP (TY 7) HMAC TYPE D (PG64-22)HMAC TYPE B (PG64-22) 6" GRAVEL DRIVEWAYS CONCRETE DRIVEWAYS UNCLASSIFIED EXCAVATION RIGHT OF WAY PREPARATION CURB RAMP (TY 1) (10' WIDTH)CURB RAMP (TY 7) (10' WIDTH) REMOVE ASPHALT PAVEMENTLIME TREATED SUBGRADE (6") CONCRETE CURB AND GUTTER CONCRETE CURB (MONOLITHIC) LIME (HYDRATED LIME) (SLURRY) MOBILIZATION & DEMOBILIZATION REINFORCED CONCRETE SIDEWALK (4")REINFORCED CONCRETE SIDEWALK (5") PORTABLE CHANGEABLE MESSAGE SIGNS BARRICADES, SIGNS, AND TRAFFIC HANDLING HMAC TYPE B (ASPHALT DRIVEWAY) (PG64-22) PAVEMENT MARKERS & MARKINGS (TY I) (Y) (4") PAVEMENT MARKERS & MARKINGS (TY I) (Y) (4") PAVEMENT MARKERS & MARKINGS (TY I) (W) (4") PAVEMENT MARKERS & MARKINGS (TY I) (W) (4") PAVEMENT MARKERS & MARKINGS (TY I) (W) (6") ELIMINATE EXISTING PAVEMENT MARKINGS (ALL MEDIAN APRON (COLORED TEXTURED CONCRETE) REMOVE CONCRETE PAVEMENT & MISC. CONCRETE CONTINUOUSLY REINFORCED CONCRETE PAVEMENT CURB RAMP (TY 1) (SHARED LANDING) (ALL WIDTHS) I-1 SPEC. NO. ITEM 203.3 TXDOT 500 TXDOT 105 TXDOT 104 TXDOT 360 TXDOT 528 TXDOT 677TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TxDOT 6001 NCTCOG 801NCTCOG 203NCTCOG 203NCTCOG 302NCTCOG 302NCTCOG 302NCTCOG 303 NCTCOG 301.2NCTCOG 301.2NCTCOG 301.5NCTCOG 301.5NCTCOG 305.1NCTCOG 305.2NCTCOG 305.2NCTCOG 305.2NCTCOG 305.2NCTCOG 305.2NCTCOG 305.2NCTCOG 305.2NCTCOG 305.2 COD NCTCOG AM Respondent's Name:Principal Place of Business (City and State):Respondent is a Corporation, Partnership, Sole Proprietorship, or Individual?Total calendar days after Notice to Proceed is issued by City of Denton for substantial completion of Base Bid (Maximum of 900):Total calendar days after Notice to Proceed is issued by City of Denton for project start: i. ii.v. iii.iv.I-1I-2I-3I-4I-5I-6I-7I-8I-9 I-10I-11I-12I-13I-14I-15I-16I-17I-18I-19I-20I-21I-22I-23I-24I-25I-26I-27I-28I-29I-30I-31I-32I-33I-34 ITEM LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ UNIT I - STREET IMPROVEMENTS 5.305.50 72.25 161.25596.45282.40157.30818.62521.85521.85702.90 3,843.706,091.807,567.077,567.071,733.406,057.72 12,030.2447,554.3849,523.1237,830.8011,384.8823,217.0030,975.0015,500.00 231,210.00309,500.00101,550.00260,425.00148,050.00139,300.00251,640.00188,265.00218,400.00604,422.00 27,125,100.27 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Dallas, TX 2.662.134.266.390.050.050.050.050.050.050.050.110.114.264.26 10.6510.6522.9075.0050.0050.0030.0055.0035.0021.00 154.43154.43399.38210.00140.00180.00 1,897.482,321.701,155.001,050.00 Ed Bell Construction Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ UNIT PRICE 21.20 483.75110.00825.00 1,806.255,309.124,290.005,145.006,272.003,466.801,431.481,734.002,259.202,574.002,205.002,940.004,266.009,600.00 38,698.4014,884.0050,840.0032,214.0024,000.0047,495.0027,900.00 258,735.00433,300.00152,325.00426,150.00169,200.00109,450.00181,740.00195,600.00249,600.00719,550.00 ЋЏͲЊВЎͲЎБЌ͵ЋВ AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ υ Inc 1.250.943.005.200.200.150.101.000.121.200.401.802.003.005.00 Frisco, Texas 45.0060.0019.5070.0090.0045.0090.0040.0025.00 105.00128.00410.00235.00115.00110.00130.00 1,600.002,400.001,200.001,200.00 UNIT PRICE Mario Sinacola & Son's Excavating, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 75.9575.9510.6011.00 322.50144.50564.80214.50539.00539.00693.00 3,901.506,006.003,466.801,192.901,116.305,972.40 11,860.8046,884.6062,000.0039,648.0011,400.0030,000.0012,390.0017,980.00 203,685.00328,070.00165,865.00345,655.00274,950.00183,080.00293,580.00154,035.00207,584.00431,730.00 ЋЎͲЌЊЉͲЏЎЋ͵ЏЉ AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ υ 2.702.104.206.301.551.550.100.100.100.100.100.100.100.150.154.204.20 Mesquite, TX11.0011.0024.0030.0053.0058.0049.0073.0065.0015.00 500.00185.00184.00210.00945.00998.00 1,900.003,000.00 Tiseo Paving Company UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5.305.50 72.25 161.25596.45282.40143.00744.20490.00490.00660.00 3,612.505,720.007,105.007,105.001,733.405,688.00 11,296.0044,652.0057,660.0036,344.0010,500.0028,000.0026,845.0017,050.00 165,150.00309,500.00152,325.00326,715.00190,350.00174,125.00279,600.00146,700.00197,600.00402,948.00 ЋЌͲЉБЍͲЎЊЊ͵ЌЎ AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ υ 2.502.004.006.000.050.050.050.050.050.050.050.100.104.004.00 Mesquite, TX10.0010.0022.0065.0050.0055.0045.0069.0045.0014.00 145.00145.00465.00150.00175.00200.00900.00950.00 1,750.002,800.00 Glenn Thurman, Inc UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 53.0014.30 322.50505.75577.50 1,705.101,430.004,900.007,938.004,506.841,431.481,976.801,644.501,862.002,597.004,834.809,600.00 11,296.00 59,536.00 16,670.08 50,840.00 32,214.00 24,000.00 66,080.00 18,600.00 65,161.25 159,645.00371,400.00260,425.00160,740.00129,350.00223,680.00175,225.00228,800.00575,640.00 ЋЋͲЉЌЋͲЍАЊ͵ЌЏ AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ υ $ $ $ $ $ 1.182.001.008.000.500.100.130.130.120.350.351.152.243.403.50 38.0053.0019.5060.0060.0019.2555.0038.0020.00 100.00162.00410.00145.00160.00130.00160.00 Fort Worth, Texas 1,600.002,400.001,075.001,100.00 Texas Sterling Construction Co UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6.366.60 86.70 193.50715.74338.88157.30818.62539.00539.00693.00 3,771.456,006.007,399.007,399.002,080.085,972.40 11,860.8046,884.6053,320.0033,866.0010,200.0025,000.0035,105.0017,050.0089,650.00 158,544.00259,980.00145,555.00246,220.00109,980.00117,410.00184,536.00174,720.00633,204.00 ЋЊͲБЉЌͲЉЍЎ͵ЍЌ AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ υ 2.612.104.206.300.060.060.060.060.060.060.060.110.114.204.20 Denton, TX 11.0011.0020.5085.0042.0055.0043.0052.0026.0022.00 151.00151.00430.00144.00118.00132.00550.00840.00 1,700.002,500.00 Jagoe-Public Company UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5.305.50 72.25 161.25596.45282.40143.00744.20502.25502.25701.25 3,973.756,077.507,595.007,595.001,733.406,043.50 12,708.0046,512.5061,380.0037,170.0012,000.0028,500.0078,470.0027,590.00 181,665.00383,780.00196,330.00224,912.50211,500.00116,415.00195,720.00179,300.00260,000.00474,903.00 ЋЋͲЏБВͲЉАЌ͵ЋЉ AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ υ 2.752.254.256.250.050.050.050.050.050.050.050.100.104.254.25 10.2510.2522.5062.0089.0058.0047.5050.0016.50 Webber, LLC. 155.00155.00495.00165.00190.00117.00140.00 2,000.002,850.001,100.001,250.00 The Woodlands, Texas UNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 10.6011.00 322.50144.50564.80286.00490.00490.00660.00 2,601.003,861.005,635.006,125.001,733.401,192.902,232.605,688.009,600.00 10,166.4042,419.4046,500.0032,214.0024,000.0060,211.2714,033.70 126,350.76317,918.40169,216.15234,193.10101,816.10103,290.95172,722.90132,659.18192,169.12432,881.28 ЋЉͲБЌЏͲЌЊЉ͵ВЏ AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ υ 1.801.802.705.700.100.100.050.100.100.100.100.200.304.004.00 10.0010.0019.5051.3645.2749.9949.4624.0715.04 San Antonio, TX 115.00125.00375.00114.76145.79103.81123.55813.86923.89 1,600.002,400.00 UNIT PRICE Zachry Construction Corporation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFSFSFSFSFLFLFSF SY EAEAEAEAEAEAEAEAEACYCY UNIT 6 4949494910 106110165124413310995163208 1,4455,6481,4307,4423,2251,4455,6481,4307,4421,4221,6521,1016,1903,3854,7354,2301,398 34,66811,92928,782 QUANTITY ESTIMATED TOTAL UNIT I (SLD)(SLD)(SLD) (SLD)(SLD)(SLD)(SLD)(SLD) (BRK) BEAM) (BRK) (2')(ARROW)(BRK) (2')(BRK) (2') (ARROW) (BRK) (10') DESCRIPTION DRILL SHAFT (30")DRILL SHAFT (36")REINF CONC SLAB RETAINING WALL (MSE) TEMPORARY PAVEMENT CLASS C CONCRETE (BENT) PEDESTRIAN RAIL (TY C221) METAL BEAM GUARD FENCE CLASS C CONCRETE (ABUTMENT) SMALL ROADSIDE SIGN ASSEMBLY RAISED PAVEMENT MARKER (TY II-C-R) RAISED PAVEMENT MARKER (TY II-A-A) RETAINING WALL (TxDOT TYPE RW 1(H)(C)RETAINING WALL TXDOT TYPE RW 1(H)(A) PEDESTRIAN RAIL (COMBINATION TY C1W) PAVEMENT MARKERS & MARKINGS (TY I) (W) PAVEMENT MARKERS & MARKINGS (TY II) (W) RETAINING WALL (TxDOT TYPE CSWD-08 (FW)) PAVEMENT MARKERS & MARKINGS (TY I) (W) (8") PAVEMENT MARKERS & MARKINGS (TY I) (W) (8") PAVEMENT MARKERS & MARKINGS (TY II) (Y) (4") PAVEMENT MARKERS & MARKINGS (TY II) (Y) (4") METAL BEAM GUARD FENCE TRANSITION (THRIE- PAVEMENT MARKERS & MARKINGS (TY II) (W) (4") PAVEMENT MARKERS & MARKINGS (TY II) (W) (4") PAVEMENT MARKERS & MARKINGS (TY II) (W) (6") PAVEMENT MARKERS & MARKINGS (TY II) (W) (8") PAVEMENT MARKERS & MARKINGS (TY II) (W) (8") GUARDRAIL END TREATMENT (WOOD POST) (TY I) PAVEMENT MARKERS & MARKINGS (TY I) (W) (12") PAVEMENT MARKERS & MARKINGS (TY I) (W) (24") PAVEMENT MARKERS & MARKINGS (TY II) (W) (12") PAVEMENT MARKERS & MARKINGS (TY II) (W) (24") PAVEMENT MARKERS & MARKINGS (TY I) (W) (WORD) PAVEMENT MARKERS & MARKINGS (TY II) (W) (WORD) SPEC. NO. TXDOT 666TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666TXDOT 666TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 666 TXDOT 672 TXDOT 672 TXDOT 644 TXDOT 540 TXDOT 540 TXDOT 544 TXDOT 450 TXDOT 450 TXDOT 423 TXDOT 423 TXDOT 423 TXDOT 423 TXDOT 508TXDOT 416 TXDOT 416 TXDOT 420 TXDOT 420 TXDOT 422 Respondent's Name:Principal Place of Business (City and State): i. ii. II-1II-2II-3II-4II-5 I-35I-36I-37I-38I-39I-40I-41I-42I-43I-44I-45I-46I-47I-48I-49I-50I-51I-52I-53I-54I-55I-56I-57I-58I-59I-60I-61I-62I-63I-64 ITEM LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ UNIT II - STRUCTURAL 9,639.005,112.00 17,640.0034,800.0010,335.0081,480.0036,600.0014,600.0093,710.4066,936.0031,090.5035,152.2027,412.63 183,225.00400,000.00312,400.00225,540.00104,400.00251,010.00411,656.40220,330.25222,644.73448,086.98281,571.40593,580.06257,984.10122,052.06278,192.93269,376.25206,265.79 2,832,686.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ AMOUNTAMOUNTAMOUNT Dallas, TX 3.003.751.400.508.529.591.05 15.0075.0050.0048.8560.9375.90 420.00525.00160.00200.00200.00420.00120.00120.00963.83100.62127.67171.25150.23195.29206.11 Ed Bell Construction Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ UNIT PRICEUNIT PRICEUNIT PRICE 5,880.004,800.00 29,580.0011,245.5010,335.0039,040.0029,200.0020,080.8029,610.0031,500.0035,910.00 188,460.00325,000.00249,920.00281,925.00183,570.00135,800.00200,808.00133,872.00354,760.80206,775.00209,055.00420,630.00374,660.00779,360.00322,905.00139,495.00326,850.00267,410.00233,410.00 2,945,895.50 AMOUNTAMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Inc 3.503.000.301.008.009.001.00 Frisco, Texas 15.0080.0065.0080.0095.00 140.00540.00130.00170.00160.00525.00211.00200.00100.00905.00115.00150.00170.00170.00175.00270.00 UNIT PRICEUNIT PRICEUNIT PRICE Mario Sinacola & Son's Excavating, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5,100.00 15,456.0029,232.0019,278.0011,024.0082,159.0056,608.0026,280.0029,610.0039,960.0031,255.00 183,225.00290,000.00262,416.00217,485.00139,200.00361,454.40133,872.00669,360.00218,262.50221,760.00445,122.50322,784.00681,940.00295,713.00139,495.00318,134.00306,735.00234,783.00 2,602,372.001,164,686.40 AMOUNTAMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6.005.402.005.008.509.501.00 Mesquite, TX16.0090.0056.0070.0087.00 368.00525.00116.00168.00168.00405.00160.00121.00116.00960.00115.00146.00195.00171.00222.00235.00 Tiseo Paving Company UNIT PRICEUNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,300.00 14,700.0027,840.0016,065.0010,335.0078,085.0053,680.0024,820.0083,670.0029,610.0048,060.0040,432.00 174,500.00275,000.00249,920.00206,745.00130,500.00287,824.80635,892.00290,633.75161,700.00458,633.75374,660.00730,650.00339,900.00154,051.00346,461.00339,768.00254,005.00 2,463,163.001,007,386.80 AMOUNTAMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5.004.301.254.751.00 Mesquite, TX15.0085.0010.5012.6565.0075.00 350.00500.00110.00160.00160.00385.00150.00115.00110.00700.00100.00127.00159.00216.00185.00267.00304.00 Glenn Thurman, Inc UNIT PRICEUNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 9,240.007,579.004,800.00 34,800.00 22,491.00 88,270.00 34,160.00 19,564.00 30,121.20 29,610.00 38,520.00 37,240.00 118,660.00500,000.00343,640.00180,969.00217,500.00217,542.00174,033.60421,696.80206,775.00209,055.00420,630.00478,412.00808,586.00305,910.00118,874.00276,733.00250,107.00266,362.00 2,909,568.00 AMOUNTAMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7.003.250.451.308.009.001.00 11.0070.0067.0083.0083.0090.0098.00 220.00340.00200.00200.00220.00337.00250.00130.00905.00127.00159.00194.00214.00280.00 Fort Worth, Texas Texas Sterling Construction Co UNIT PRICEUNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,890.003,600.00 13,860.0087,000.0018,796.0574,690.0034,648.0020,732.0093,710.4032,571.0045,360.0038,836.00 167,520.00362,500.00374,880.00147,675.00147,900.00251,010.00214,195.20558,915.60241,237.50121,275.00366,112.50478,412.00808,586.00336,501.00160,116.00387,862.00317,746.00302,060.00 2,656,611.05 AMOUNTAMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5.853.751.401.606.001.10 Denton, TX 10.0071.0071.0010.5083.0083.0099.00 330.00480.00145.00500.00240.00275.00170.00110.00525.00132.00178.00202.00220.00252.00292.00 Jagoe-Public Company UNIT PRICEUNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7,406.754,950.00 29,400.0029,232.0010,442.2537,088.0020,732.0066,936.0066,936.0014,805.0038,025.0029,652.35 160,540.00320,000.00262,416.00241,650.00139,200.00132,405.00251,010.00384,882.00212,518.75219,450.00436,918.75304,627.40641,997.80279,057.90132,035.05300,919.90291,398.25223,112.50 2,616,850.00 AMOUNTAMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3.253.751.000.508.259.250.50 10.7576.0071.0052.8565.9082.10 Webber, LLC. 700.00460.00128.00168.00168.00450.00160.00195.00950.00108.85138.10185.25162.50211.25222.95 The Woodlands, Texas UNIT PRICEUNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,426.005,400.00 14,700.0025,122.1210,107.6329,777.7622,676.7214,805.0043,560.0034,048.00 168,354.11400,000.00234,487.44205,864.32137,338.20100,566.69279,792.48103,750.80112,452.48495,995.76229,750.00231,000.00466,150.00403,480.00847,554.00373,890.00151,625.00339,924.00333,476.00255,378.0 0 2,389,144.42 AMOUNTAMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2.004.181.550.849.000.50 14.6761.0277.6610.0070.0087.00 San Antonio, TX 350.00482.39160.00144.38150.12383.36157.86148.11110.00125.00156.00212.00186.00242.00256.00 1,000.00 UNIT PRICEUNIT PRICEUNIT PRICE Zachry Construction Corporation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF SYLBSYSYSY CYCYCYEA UNITUNITUNIT 42 349174537689870679488292600231180133 2,5001,5623,2135,7649,7423,3991,2132,1791,5731,373 66,93666,93622,97529,610 133,872 QUANTITYQUANTITYQUANTITY ESTIMATED ESTIMATED ESTIMATED TOTAL UNIT II TOTAL UNIT IV TOTAL UNIT III SODDING RCB (5' X 4') SHEAR KEY RAIL TY PR1TOPSOIL (4") RIPRAP (RR8)RAIL TY C411RAIL TY C223 DESCRIPTIONDESCRIPTIONDESCRIPTION APPROACH SLAB RCP (CLASS III) (18")RCP (CLASS III) (24")RCP (CLASS III) (30")RCP (CLASS III) (36")RCP (CLASS III) (42")RCP (CLASS IV) (42")RCP (CLASS III) (48")RCP (CLASS III) (54") PULL BOX (12" X 12") HYDROMULCH SEEDING CONDUIT (PVC) (SCHD 40) (1")CONDUIT (PVC) (SCHD 40) (2") SEALED EXPANISION JOINTS (4") CONCRETE SURFACE TREATMENT PRESTRESSED CONCRETE GIRDER (Tx40) STRUCTURAL STEEL (MISC NON-BRIDGE) TRENCH SAFETY (STORM DRAIN SYSTEM) PRESTRESSED CONCRETE BOX BEAM (4B20)PRESTRESSED CONCRETE BOX BEAM (5B20) SPEC. NO.SPEC. NO.SPEC. NO. ITEM 202.5ITEM 202.6TxDOT 618TxDOT 618 TXDOT 422TXDOT 422TXDOT 425TXDOT 425TXDOT 425TXDOT 428 TXDOT 432 TXDOT 442 TXDOT 450 TXDOT 450 TXDOT 450 TXDOT 454 TXDOT 624 ITEM 107.19.3 NCTCOG 202.2NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6 COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM Respondent's Name:Principal Place of Business (City and State): i. ii. II-6II-7II-8II-9V-1V-2V-3V-4V-5V-6V-7V-8V-9 III-1III-2III-3 IV-1IV-2IV-3 II-10II-11II-12II-13II-14II-15II-16II-17V-10 ITEMITEMITEM LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ UNIT III - LANDSCAPING UNIT IV - ELECTRICAL & LIGHTING UNIT V - STORM SYSTEM IMPROVEMENTS 5,132.604,344.969,912.983,004.496,982.44 27,556.3247,593.3544,641.8037,537.7012,854.6121,028.7036,601.2226,679.9041,126.6665,184.5719,129.8412,263.8832,452.2329,789.7971,817.5625,139.7520,128.2630,297.21 421,478.39352,351.79267,010.80318,621.60287,463.28573,798.72106,099.80449,036.10420,235.92153,276.25117,898.18154,918.40101,997.06 6,458,065.03 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Dallas, TX 69.33 257.47347.83317.87574.09393.36547.05764.53713.68291.20106.58 2,792.102,480.103,753.774,284.875,132.605,335.984,344.965,221.357,372.569,016.259,912.983,004.496,982.44 10,514.3518,300.6141,126.6665,184.5758,949.0919,129.8412,263.8832,452.2329,789.7971,817.5625,139.7520,128.26 Ed Bell Construction Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2,000.002,000.00 24,000.0053,070.0076,000.0081,000.0052,500.0015,000.0036,000.0037,000.0040,000.0020,000.0030,000.0050,000.0020,000.0070,000.0018,000.0029,000.0013,000.0014,000.0040,000.0025,000.0017,000.0045,885.009 5,700.00 605,690.00476,110.00378,000.00486,000.00300,800.00603,000.00120,000.00559,000.00456,000.00170,000.00223,440.00 7,825,305.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Inc Frisco, Texas 370.00470.00450.00500.00600.00610.00800.00750.00105.00420.00100.00 2,000.004,500.008,000.002,000.006,500.008,000.002,000.00 12,000.0017,500.0015,000.0018,000.0018,500.0010,000.0020,000.0030,000.0050,000.0020,000.0035,000.0018,000.0029,000.0013,000.0014,000.0040,000.0025,000.0017,000.00 Mario Sinacola & Son's Excavating, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5,900.005,400.003,500.008,000.00 31,344.0054,114.0052,200.0043,000.0014,700.0024,000.0042,000.0032,500.0047,000.0012,000.0075,000.0022,000.0014,000.0037,000.0034,000.0082,000.0029,000.0023,000.0035,834.00 479,641.00401,148.00304,080.00362,070.00326,744.00652,044.00121,600.00550,400.00501,600.00193,800.00134,000.00212,800.00105,270.00 7,473,098.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Mesquite, TX82.00 293.00396.00362.00653.00447.00622.00869.00811.00400.00110.00 3,200.002,900.004,300.004,900.005,900.006,500.005,400.006,400.008,800.003,500.008,000.00 12,000.0021,000.0011,400.0047,000.0012,000.0075,000.0067,000.0022,000.0014,000.0037,000.0034,000.0082,000.0029,000.0023,000.00 Tiseo Paving Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,986.003,760.002,114.00 25,200.0050,286.0043,200.0059,500.0017,505.0017,510.0036,280.0043,575.0020,965.0026,150.0044,545.0017,075.0062,660.0015,780.0024,850.0011,900.0012,670.0035,270.0022,260.0015,342.0042,826.00 581,135.00502,448.00319,200.00379,080.00287,264.00590,940.00170,050.00442,212.00438,900.00174,250.00245,252.00165,561.00 7,612,098.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Mesquite, TX98.00 355.00496.00380.00525.00468.00578.00764.00735.00461.00173.00 4,475.002,400.005,950.005,835.006,986.008,755.008,715.003,760.005,142.007,700.002,114.00 Glenn Thurman, Inc 18,140.0010,250.0020,965.0026,150.0044,545.0017,075.0031,330.0015,780.0024,850.0011,900.0012,670.0035,270.0022,260.0015,342.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7,500.005,800.00 27,072.00 60,900.00 45,000.00 61,500.00 20,100.00 26,000.00 79,000.00 31,750.00 48,000.00 16,000.00 75,000.00 10,000.00 26,000.00 20,000.00 12,000.00 40,000.00 36,000.00 80,000.00 32,000.00 26,000.00 38,019.00 671,170.00415,330.00357,840.00448,740.00300,800.00651,240.00110,200.00576,200.00518,700.00204,000.00138,000.00207,480.00143,550.00 8,177,245.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 87.00 410.00410.00426.00564.00554.00700.00800.00810.00390.00150.00 Fort Worth, Texas 2,900.002,500.006,150.006,700.007,500.006,350.005,800.006,700.009,100.00 13,000.0039,500.0012,000.0048,000.0016,000.0075,000.0010,000.0069,000.0026,000.0020,000.0012,000.0040,000.0036,000.0080,000.0032,000.0026,000.00 Texas Sterling Construction Co $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7,900.006,100.004,100.00 30,240.0053,940.0040,950.0092,000.0030,750.0019,400.0037,500.0021,000.0027,000.0011,250.0045,000.0010,450.0071,000.0017,000.0022,000.0015,000.0019,750.0047,000.0027,000.0019,500.0038,019.00 613,875.00526,760.00369,600.00437,400.00295,160.00627,120.00193,800.00408,500.00322,050.00124,950.00212,800.00110,055.00 7,863,969.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Denton, TX 87.00 375.00520.00440.00630.00540.00620.00785.00780.00400.00115.00 5,100.002,275.009,200.007,900.009,700.004,200.006,100.004,750.005,650.007,350.004,100.00 10,250.0018,750.0027,000.0011,250.0045,000.0010,450.0035,500.0017,000.0022,000.0015,000.0019,750.0047,000.0027,000.0019,500.00 Jagoe-Public Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5,552.004,700.003,250.007,553.00 29,808.0051,482.2548,289.5040,605.0013,905.0022,747.0039,592.0028,860.0044,487.2510,723.0070,511.0020,693.0013,266.0035,104.0032,224.0077,686.0027,194.0021,773.0032,775.00 455,904.50381,141.25288,834.00344,655.00310,952.00620,688.00114,769.50488,824.00454,575.00165,801.00127,532.00249,827.20133,023.00 7,074,937.60 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 75.00 Webber, LLC. 278.50376.25343.85621.00425.50591.75827.00772.00469.60139.00 3,020.252,682.754,060.504,635.005,552.005,772.004,700.005,684.007,975.009,753.003,250.007,553.00 11,373.5019,796.0044,487.2510,723.0070,511.0063,766.0020,693.0013,266.0035,104.0032,224.0077,686.0027,194.0021,773.00 The Woodlands, Texas $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7,808.004,300.002,000.00 34,320.0059,073.0036,000.0068,000.0019,800.0017,800.0040,000.0038,000.0023,000.0028,000.0049,000.0018,600.0067,800.0017,000.0027,000.0012,800.0013,700.0038,000.0024,000.0018,000.0061,180.00 523,840.00437,616.00336,000.00395,280.00357,200.00713,952.00152,000.00464,400.00427,500.00166,600.00234,101.28119,625.00 7,851,035.28 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ San Antonio, TX 320.00432.00400.00715.00488.00679.00950.00888.00140.00440.04125.00 4,000.002,000.006,800.006,600.007,808.008,900.007,600.004,300.005,400.007,500.009,800.002,000.00 20,000.0023,000.0028,000.0049,000.0018,600.0033,900.0017,000.0027,000.0012,800.0013,700.0038,000.0024,000.0018,000.00 Zachry Construction Corporation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ LFLFLFLFLFLFLFLF SY EAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEACYCY 3122511111211111111 4887381810865717 840810376804437532957 1,6371,013 TOTAL UNIT V RCB (6' X 4')RCB (7' X 6')RCB (8' X 4')RCB (8' X 8')RCB (9' X 6') RCB (10' X 6')RCB (12' X 6')RCB (12' X 5') CONCRETE FLUME RIPRAP (CONC) (6") RIPRAP (STONE) (24") JUNCTION BOX (42") (JB-1-02)JUNCTION BOX (48") (JB-1-02)JUNCTION BOX (54") (JB-1-02) JUNCTION BOX (MOD) (9' X 5') JUNCTION BOX (MOD) (11' X 9') MANHOLE (COMPLETE)(TYPE 1) HEADWALL (TY PW) (CULV-4) (9') MANHOLE (COMPLETE)(TYPE 1-C) HEADWALL (TY PW) ( SD SCULV-1) (8') INLET (COMPLETE) (TY Y INLET) (4' X 4') INLET (COMPLETE) (RECESSED CURB INLET 10')INLET (COMPLETE) (RECESSED CURB INLET 15')INLET (COMPLETE) (RECESSED CURB INLET 20')HEADWALL & WINGWALLS (TY PW) (SD-6.1) (7') INLET (COMPLETE) (CHANNEL HEADWALL) (10') HEADWALL & WINGWALLS (TY FW-0) (SD-01) (3')HEADWALL & WINGWALLS (TY FW-S) (SD-28) (7') HEADWALL & WINGWALLS (TY FW-0) (CULV-4) (9') HEADWALL & WINGWALLS (TY PW) (CULVERT-2) (8')HEADWALL & WINGWALLS (TY PW) (CULVERT-2) (9') HEADWALL & WINGWALLS (TY PW) ( SD SCULV-1) (8') HEADWALL & WINGWALLS (TY PW) (SD SCULV-2) (11')HEADWALL & WINGWALLS (TY PW) (SD SCULV-5) (10') HEADWALL & WINGWALLS (TY SW-0) (CULVERT 1) (9') HEADWALL & WINGWALLS (TY FW-0) (SD SCULV-2) (8') NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702NCTCOG 702 NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 501.6NCTCOG 803.3NCTCOG 803.3 Respondent's Name:Principal Place of Business (City and State): i. ii. V-11V-12V-13V-14V-15V-16V-17V-18V-19V-20V-21V-22V-23V-24V-25V-26V-27V-28V-29V-30V-31V-32V-33V-34V-35V-36V-37V-38V-39V-40V-41V-42V-43V-44V-45V-46 LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ 9,027.102,936.527,743.605,709.904,241.507,205.002,055.483,741.604,187.155,916.482,218.68 16,270.3624,802.0810,169.0066,071.2518,489.2016,668.2112,382.0519,263.0326,816.1653,568.5276,047.2096,578.8811,712.8014,136.3327,408.0038,424.7673,421.0532,410.4898,548.3232,736.7612,833.6810,767.24 280,165.53 1,111,687.98 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ AMOUNTAMOUNT Dallas, TX 4.89 84.8357.6448.9446.7782.6696.8076.1379.3993.53 478.54902.71489.42203.38528.57462.23193.59135.95210.99107.67156.61145.74102.23108.76210.99114.20369.78445.92369.78326.28 8,102.622,338.346,416.84 12,181.11 Ed Bell Construction Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ UNIT PRICEUNIT PRICE 3,400.006,000.005,072.007,500.005,200.005,040.003,000.006,250.002,100.004,000.005,500.008,040.008,000.002,400.004,000.003,000.001,650.00 10,000.0050,000.0013,600.0011,850.0014,950.0013,530.0023,920.0057,640.0088,800.0014,520.0024,000.0053,240.0070,650.0055,200.0044,200.0042,000.00 115,000.00778,602.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Inc 1.00 Frisco, Texas 60.0050.0050.0050.0090.0050.00 100.00150.00400.00340.00130.00120.00150.00130.00110.00130.00110.00125.00100.00120.00100.00120.00100.00110.00150.00200.00500.00 1,000.001,000.002,000.002,400.003,000.002,000.00 UNIT PRICEUNIT PRICE Mario Sinacola & Son's Excavating, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7,000.004,800.005,072.005,750.004,600.004,620.006,750.004,410.007,440.008,954.003,905.005,360.005,040.004,800.003,300.00 39,100.0047,500.0015,600.0013,750.0011,455.0010,120.0010,947.0016,928.0045,064.0068,080.0063,936.0016,560.0028,556.0043,175.0025,200.0023,205.0025,200.0014,850.00 158,700.00741,577.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.00 Mesquite, TX93.0088.0089.0092.0086.0074.0072.0074.0071.0080.0069.0059.0055.00 700.00800.00115.00380.00390.00115.00110.00135.00110.00105.00145.00315.00105.00550.00450.00 1,150.006,300.006,900.001,800.002,400.00 Tiseo Paving Company UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 8,000.003,600.007,608.004,840.004,914.006,500.004,032.007,680.009,796.009,717.007,744.003,025.004,958.002,800.002,080.003,000.009,075.00 21,250.0018,500.0039,750.0011,880.0014,000.0010,695.0016,192.0041,920.0063,480.0048,840.0015,600.0029,040.0040,820.0016,400.0053,040.0026,138.00 117,875.00672,714.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.50 Mesquite, TX96.0096.0093.0079.0088.0080.0069.0055.0064.0055.0074.0065.0060.0052.00 625.00800.00600.00370.00318.00297.00121.00117.00130.00112.00124.00175.00240.00500.00275.00 4,100.005,125.001,867.001,040.00 Glenn Thurman, Inc UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,900.005,072.007,000.005,320.004,494.004,650.009,250.002,940.005,520.009,545.008,241.008,167.503,162.504,355.006,400.004,400.006,300.00 19,210.00 18,000.00 55,625.00 26,560.00 11,218.00 14,628.00 32,750.00 56,120.00 51,504.00 13,320.00 27,104.00 42,390.00 20,000.00 54,600.00 28,050.00 161,000.00104,754.00804,200.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.00 93.0074.0070.0069.0083.0067.0079.5062.5061.0058.0067.5057.5065.0055.5056.0054.00 565.00140.00445.00664.00133.00107.00142.00400.00474.00850.00 Fort Worth, Texas 1,800.001,150.005,000.007,000.003,900.002,200.001,050.00 Texas Sterling Construction Co UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 9,600.005,579.204,050.003,200.002,688.005,100.009,750.002,730.004,880.007,260.003,300.003,953.005,440.006,000.005,250.00 39,100.0013,500.0045,000.0014,400.0014,615.0010,695.0011,439.0016,744.0047,684.0064,400.0062,160.0014,160.0028,072.0045,530.0016,800.0093,925.0053,900.0018,150.00 131,100.00796,754.20 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.10 Denton, TX 81.0080.0064.0078.0065.0061.0093.0093.0091.0091.0070.0070.0060.0060.0059.0059.0058.0058.00 360.00360.00102.00185.00340.00425.00875.00550.00 1,150.001,350.001,600.004,200.005,700.003,850.003,000.00 Jagoe-Public Company UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,500.004,050.002,536.005,450.004,330.004,021.506,412.504,162.207,040.009,631.258,500.253,698.755,041.754,800.004,500.003,000.00 35,700.0044,625.0014,500.0012,825.0010,586.0010,424.2516,017.2042,732.2064,400.0060,384.0015,660.0027,128.2040,859.2523,700.0022,100.0023,800.0013,200.00 149,891.00696,006.30 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0.50 95.7599.1088.0083.7584.7587.0581.5570.0068.0070.2567.2575.2565.2556.0552.05 Webber, LLC. 650.00675.00109.00357.00362.50108.25128.25102.60134.00300.00100.00500.00400.00 1,050.005,925.006,517.001,700.002,250.00 The Woodlands, Texas UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,500.004,050.002,536.005,450.004,330.004,021.506,412.504,162.207,040.009,631.258,500.253,698.755,041.754,800.004,500.003,000.00 35,700.0044,625.0014,500.0012,825.0010,586.0010,424.2516,017.2042,732.2064,400.0060,384.0015,660.0027,128.2040,859.2523,700.0022,100.0023,800.0013,200.00 149,891.00696,006.30 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0.50 95.7599.1088.0083.7584.7587.0581.5570.0068.0070.2567.2575.2565.2556.0552.05 San Antonio, TX 650.00675.00109.00357.00362.50108.25128.25102.60134.00300.00100.00500.00400.00 1,050.005,925.006,517.001,700.002,250.00 UNIT PRICEUNIT PRICE Zachry Construction Corporation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF VFVF EAEAEAEAEAEAEAEAEA UNITUNIT 6426 34105040404250428079556716231433 125125115123184524920888121240484785221 5,072 QUANTITYQUANTITY ESTIMATED ESTIMATED TOTAL UNIT VI 6') CUTCUTCUT CASINGCASINGCASINGCASING SYSTEM) INITIAL 6')INITIAL 6') DESCRIPTIONDESCRIPTION SPECIFIED (0'-6') REMOVE FIRE HYDRANT 6" SANITARY SEWER SERVICES REMOVE AND SALVAGE GATE VALVE REMOVE SANITARY SEWER MANHOLE OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U202OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U202OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U202OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U202OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U202 ABANDON SANITARY SEWER MANHOLE BY OPEN CUT, BACKFILL PER DETAIL U202BY OPEN CUT, BACKFILL PER DETAIL U201BY OPEN CUT, BACKFILL PER DETAIL U202 CONNECT TO EXISTING MANHOLE BY CORING EXCAVATION SAFETY (TRENCH SAFETY) (SEWER 8" SDR-26 PVC WASTEWATER PIPE INSTALLED BY 8" SDR-26 PVC WASTEWATER PIPE INSTALLED BY 8" SDR-35 PVC WASTEWATER PIPE INSTALLED BY 8" SDR-35 PVC WASTEWATER PIPE INSTALLED BY 10" SDR-35 PVC WASTEWATER PIPE INSTALLED IN CUT AND PLUG EXISTING SANITARY SEWER LINES12" SDR-26 PVC WASTEWATER PIPE INSTALLED BY 12" SDR-26 PVC WASTEWATER PIPE INSTALLED BY 10" SDR-26 PVC WASTEWATER PIPE INSTALLED BY 10" SDR-26 PVC WASTEWATER PIPE INSTALLED BY 5' DIA CONCRETE MANHOLE, STANDARD OR DROP, INCLUDING WATERTIGHT LIDS AND VENTS WHERE 24"X3/8" THICK STEEL CASING INSTALLED BY OPEN 20"X3/8" THICK STEEL CASING INSTALLED BY BORE18"X3/8" THICK STEEL CASING INSTALLED BY BORE18"X3/8" THICK STEEL CASING INSTALLED BY OPEN 16"X3/8" THICK STEEL CASING INSTALLED BY OPEN 21" F679 115 PSI PVC WASTEWATER PIPE INSTALLED 12" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED 12" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED 8" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED IN EXTRA DEPTH OF 4' DIA CONCRETE MANHOLE (OVER EXTRA DEPTH OF 5' DIA CONCRETE MANHOLE (OVER 4' DIA CONCRETE MANHOLE, STANDARD OR DROP (0'- 8" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED BY 8" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED BY 12" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED IN 10" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED IN ITEM 505ITEM 505ITEM 505 ITEM W05ITEM W06 SPEC. NO.ITEM SS01ITEM SS02ITEM SS03SPEC. NO. ITEM 503.3ITEM 503.3ITEM 503.1ITEM 503.1ITEM 503.1ITEM 503.1 ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17ITEM 501.17 ITEM 502.1-AITEM 502.1-AITEM 502.1-AITEM 502.1-A ITEM 107.19.3ITEM 502.10.4ITEM 502.12.4 COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM Respondent's Name:Principal Place of Business (City and State): i. ii. VI-1VI-2VI-3VI-4VI-5VI-6VI-7VI-8VI-9 VII-1VII-2 VI-10VI-11VI-12VI-13VI-14VI-15VI-16VI-17VI-18VI-19VI-20VI-21VI-22VI-23VI-24VI-25VI-26VI-27VI-28VI-29VI-30VI-31VI-32 ITEMITEM LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ UNIT VI - WASTEWATER SYSTEM IMPROVEMENTS UNIT VII - WATER SYSTEM IMPROVEMENTS 6,843.328,254.709,923.754,540.708,200.629,135.84 25,123.5638,217.5872,842.2011,221.0220,392.5067,975.0025,954.8013,432.0579,373.7645,223.2016,231.0840,348.9016,477.1444,909.4978,725.4025,449.9034,509.7070,802.7638,174.7615,226.4032,084.1855,467.567 7,654.64 155,400.12169,313.12122,336.06841,295.83109,916.90120,059.50176,734.90103,321.95 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Dallas, TX 2.18 76.1354.3835.8987.0179.3979.39 380.66766.76196.86679.75543.80120.72141.39445.92114.20197.94155.53404.59504.65152.26848.33157.70144.65181.63908.14282.78 1,438.892,528.671,413.881,087.605,546.762,283.96 35,346.9820,664.3916,042.0913,866.89 Ed Bell Construction Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,600.009,690.007,920.003,000.009,375.004,000.002,030.004,000.00 17,531.0061,750.0015,000.0050,000.0021,500.0012,350.0057,850.0039,600.0015,580.0037,100.0015,150.0013,800.0026,640.0032,760.0014,580.0066,215.0066,400.0017,100.0084,000.0075,600.0037,800.0010,000.001 2,000.0042,000.00 133,440.00140,600.00953,730.00125,000.00100,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Inc 1.00 Frisco, Texas 70.0050.0060.0090.0095.0080.0090.0075.0070.00 100.00650.00170.00500.00400.00100.00130.00325.00100.00190.00180.00240.00210.00135.00120.00100.00100.00800.00 3,000.002,800.002,700.005,000.003,000.003,000.001,000.00 25,000.0020,000.00 Mario Sinacola & Son's Excavating, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 9,975.009,240.005,100.007,250.006,000.003,045.007,600.00 17,531.0057,000.0016,800.0042,500.0020,210.0022,325.0049,840.0034,848.0060,270.0050,880.0020,604.0011,040.0034,410.0048,360.0019,980.0082,954.0032,062.0039,010.0010,640.0091,000.0053,500.0084,000.005 1,300.0021,000.0018,600.0021,200.0063,000.00 105,600.00139,000.00646,417.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.00 Mesquite, TX94.0088.0096.0068.0048.0059.0061.0046.0047.0056.0058.00 600.00175.00560.00340.00235.00280.00735.00210.00310.00310.00185.00125.00170.00105.00 1,600.003,000.001,900.001,500.001,200.009,300.005,300.004,500.001,900.00 18,200.0010,700.00 Tiseo Paving Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 8,208.003,180.008,625.008,184.002,430.005,000.003,775.008,686.001,566.004,000.00 36,300.0017,531.0055,575.0021,070.0018,620.0014,418.0036,432.0014,514.0039,220.0018,180.0010,580.0014,763.0046,020.0045,468.0078,736.0035,547.0029,050.0011,780.0088,250.0059,750.0067,200.0035,100.001 4,000.0015,000.0057,400.00 101,192.00476,865.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.00 Mesquite, TX69.0098.0081.0092.0074.0060.0046.0091.0081.0056.0045.0051.0035.0062.0040.0054.00 550.00585.00144.00106.00196.00177.00186.00133.00295.00421.00755.00 2,400.001,300.001,000.004,343.003,750.004,100.001,000.00 Glenn Thurman, Inc 17,650.0011,950.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 9,152.007,360.003,390.007,625.005,250.002,117.00 34,518.00 17,531.00 81,700.00 11,514.00 28,500.00 83,750.00 27,305.00 20,140.00 78,320.00 50,688.00 16,400.00 46,110.00 21,816.00 23,199.00 59,124.00 60,480.00 99,826.00 44,608.00 34,030.00 19,760.00 80,000.00 52,000.00 75,600.00 40,500.00 16,800.00 15,400.00 24,400.00 72,100.00 11,400.00 165,688.00688,805.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.00 87.0072.0032.0071.0065.0064.0041.0061.0073.00 523.00860.00202.00950.00670.00127.00212.00440.00128.00200.00208.00209.00379.00560.00149.00113.00104.00 Fort Worth, Texas 2,700.001,500.001,200.001,050.007,700.006,100.005,150.002,850.00 16,000.0010,400.00 Texas Sterling Construction Co $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7,239.006,072.004,260.005,250.004,582.00 82,500.0018,407.5560,895.0017,550.0050,000.0018,275.0022,705.0060,520.0031,680.0030,750.0055,120.0030,603.0012,190.0036,630.0051,480.0075,600.0097,014.0068,306.0081,340.0032,680.0021,500.0086,250.007 2,800.0043,200.0016,450.0026,000.0034,000.0081,900.0011,600.00 157,904.00731,193.00135,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.05 Denton, TX 85.0080.0053.0069.0069.0098.0098.00 641.00127.00585.00400.00239.00340.00375.00138.00104.00101.00330.00330.00700.00142.00142.00172.00172.00158.00 1,250.002,600.001,600.001,175.001,050.008,500.005,850.002,900.00 27,000.0017,250.0013,000.00 Jagoe-Public Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4,382.759,405.008,668.004,725.006,843.755,330.002,842.007,200.00 99,000.0053,485.0015,750.0039,875.0019,135.0021,185.0047,259.0032,967.0057,133.5048,230.0019,619.2510,350.0032,689.5045,630.0018,581.4078,384.5030,145.2536,727.5010,022.5086,540.0050,825.0079,380.004 7,088.0019,054.0017,636.0019,996.0059,556.00 132,050.00609,327.50 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0.25 89.0083.2591.0064.7545.0055.7557.5043.2544.2552.7554.7598.00 Webber, LLC. 563.00165.00525.00319.00223.00265.50696.75197.00294.50292.50172.05118.75157.50 1,500.002,835.001,744.001,361.001,066.008,818.004,999.004,254.001,800.00 17,308.0010,165.00 The Woodlands, Texas $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4,382.759,405.008,668.004,725.006,843.755,330.002,842.007,200.00 99,000.0053,485.0015,750.0039,875.0019,135.0021,185.0047,259.0032,967.0057,133.5048,230.0019,619.2510,350.0032,689.5045,630.0018,581.4078,384.5030,145.2536,727.5010,022.5086,540.0050,825.0079,380.004 7,088.0019,054.0017,636.0019,996.0059,556.00 132,050.00609,327.50 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0.25 89.0083.2591.0064.7545.0055.7557.5043.2544.2552.7554.7598.00 San Antonio, TX 563.00165.00525.00319.00223.00265.50696.75197.00294.50292.50172.05118.75157.50 1,500.002,835.001,744.001,361.001,066.008,818.004,999.004,254.001,800.00 17,308.0010,165.00 Zachry Construction Corporation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF EAEAEAEAEAEAEAEAEAEAEA 555244 66955730958244302827142914 125215178396530303230111156108697830190125 1,1121,406 17,53110,597 CUTCUTCUT CASINGCASINGCASINGCASING SYSTEM) ASSEMBLIES ASSEMBLIES) 6" DUCTILE IRON PIPE 8" GATE VALVE AND BOX4" GATE VALVE AND BOX 12" GATE VALVE AND BOX CUT, BACKFILL PER DETAIL U201CUT, BACKFILL PER DETAIL U202CUT, BACKFILL PER DETAIL U201CUT, BACKFILL PER DETAIL U202CUT, BACKFILL PER DETAIL U201CUT, BACKFILL PER DETAIL U202 NEW FIRE HYDRANT ASSEMBLIES 20" GATE VALVE, VAULT AND BOX16" GATE VALVE, VAULT AND BOX 8"X8" TAPPING SLEEVE AND VALVE 12"X12" TAPPING SLEEVE AND VALVE OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U202OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U201OPEN CUT, BACKFILL PER DETAIL U202 CUT AND PLUG EXISTING WATER LINES CONCRETE ENCASEMENT OF WATER LINES 12" C-900 DR-14 PVC WATER LINE INSTALLED IN EXCAVATION SAFETY (TRENCH SAFETY) (WATER RESET & RECONNECT TO EXISTING FIRE HYDRANT 36"X1/2" THICK STEEL CASING INSTALLED BY BORE36"X3/8" THICK STEEL CASING INSTALLED BY OPEN 30"X1/2" THICK STEEL CASING INSTALLED BY BORE24"X3/8" THICK STEEL CASING INSTALLED BY BORE24"X3/8" THICK STEEL CASING INSTALLED BY OPEN 18"X3/8" THICK STEEL CASING INSTALLED BY BORE18"X3/8" THICK STEEL CASING INSTALLED BY OPEN 18" SPECIAL CLASS 52 DIP REUSE LINE INSTALLED IN 18" SPECIAL CLASS 52 DIP REUSE LINE INSTALLED BY 8" C-900 DR-14 PVC WATER LINE INSTALLED BY OPEN 8" C-900 DR-14 PVC WATER LINE INSTALLED BY OPEN 6" C-900 DR-14 PVC WATER LINE INSTALLED BY OPEN 6" C-900 DR-14 PVC WATER LINE INSTALLED BY OPEN 20" SPECIAL CLASS 53 DIP WATER LINE INSTALLED IN 16" SPECIAL CLASS 52 DIP WATER LINE INSTALLED IN 16"SPECIAL CLASS 52 DIP WATER LINE INSTALLED BY 20" SPECIAL CLASS 52 DIP WATER LINE INSTALLED BY 20" SPECIAL CLASS 52 DIP WATER LINE INSTALLED BY 16" SPECIAL CLASS 52 DIP WATER LINE INSTALLED BY 12" C-900 DR-14 PVC WATER LINE INSTALLED BY OPEN 12" C-900 DR-14 PVC WATER LINE INSTALLED BY OPEN 8" C-900 DR-14 PVC WATER LINE INSTALLED IN CASING6" GATE VALVE AND BOX (EXCLUDING FIRE HYDRANT ITEM 505ITEM 505ITEM 505 ITEM W04ITEM W01ITEM W01 ITEM 503.3ITEM 503.3ITEM 503.3ITEM 503.1ITEM 503.3ITEM 503.1ITEM 503.1ITEM 503.1ITEM 503.1ITEM 504.5ITEM 501.7ITEM 502.3ITEM 502.3 ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14ITEM 501.14 ITEM 502.6.2ITEM 502.6.2ITEM 502.6.2ITEM 502.6.2ITEM 502.6.2ITEM 502.6.2 ITEM 107.19.3 COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM Respondent's Name:Principal Place of Business (City and State): i. ii. VII-3VII-4VII-5VII-6VII-7VII-8VII-9 VII-10VII-11VII-12VII-13VII-14VII-15VII-16VII-17VII-18VII-19VII-20VII-21VII-22VII-23VII-24VII-25VII-26VII-27VII-28VII-29VII-30VII-31VII-32VII-33VII-34VII-35VII-36VII-37VII-38VII-39 LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ 611.10 5,166.105,938.326,892.356,111.001,800.00 34,259.4020,338.1149,485.8074,939.1268,923.5015,398.2512,485.0075,801.3879,251.9849,794.0820,389.43 187,160.32 158,003.40 131,239.95 123,870.15 119,120.25 109,194.45 866,665.07 2,919,268.54 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Dallas, TX 1.500.157.351.000.10 45.0055.00 494.86 5,166.102,447.109,897.16 20,338.1174,939.1275,801.3879,251.9849,794.0820,389.43 158,003.40131,239.95123,870.15119,120.25109,194.45 Ed Bell Construction Company $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ UNIT PRICEUNIT PRICE 4,000.006,000.006,000.004,594.906,285.006,111.001,000.005,675.00 42,000.0025,000.0017,800.0057,436.2575,000.0075,000.0050,000.00 122,220.00221,122.15 150,000.00125,000.00195,000.00120,000.00112,000.00103,000.00 2,429,341.001,005,000.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Inc 1.250.103.001.00 Frisco, Texas 20.0025.0025.00 500.00 4,000.003,000.006,000.005,000.00 17,800.0075,000.0075,000.0050,000.00 150,000.00125,000.00195,000.00120,000.00112,000.00103,000.00 UNIT PRICEUNIT PRICE Mario Sinacola & Son's Excavating, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,800.004,600.006,892.351,080.007,264.00 39,200.0027,600.0016,000.0021,000.0062,031.1510,475.0048,888.0075,000.0079,000.0050,000.0023,000.00 122,220.00279,850.50160,000.00130,000.00125,000.00118,000.00109,000.00869,000.00 2,123,441.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.350.155.008.00 Mesquite, TX20.0027.0032.00 3,800.002,800.002,300.004,600.003,200.00 21,000.0075,000.0079,000.0050,000.0023,000.00 Tiseo Paving Company 160,000.00130,000.00125,000.00118,000.00109,000.00 UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,680.006,905.008,589.502,000.00 19,810.0012,000.0014,375.0010,000.0073,518.4020,677.0582,498.5051,943.5012,485.0052,000.00 261,711.95133,000.00133,000.00155,250.00155,250.00155,250.00155,250.00155,250.00155,250.00 1,581,060.001,249,500.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.600.454.108.50 Mesquite, TX13.5050.0055.00 3,680.001,415.001,000.006,905.002,875.00 Glenn Thurman, Inc 10,000.0052,000.00 133,000.00133,000.00155,250.00155,250.00155,250.00155,250.00155,250.00155,250.00 UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5,400.009,900.009,625.007,751.501,400.009,080.00 31,500.00 33,600.00 32,000.00 66,626.05 18,379.60 73,332.00 47,360.25 81,000.00 84,000.00 56,000.00 30,000.00 233,554.40 158,000.00134,000.00126,000.00122,000.00113,000.00904,000.00 2,283,656.00 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.450.403.707.75 12.0035.0040.00 Fort Worth, Texas 5,400.002,250.002,800.009,900.006,400.009,625.00 81,000.0084,000.0056,000.0030,000.00 158,000.00134,000.00126,000.00122,000.00113,000.00 Texas Sterling Construction Co UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,500.008,900.004,750.005,447.001,180.007,945.004,750.00 44,100.0011,100.0023,250.0055,138.8017,001.1384,026.2551,332.4062,000.0081,000.0048,000.00 226,820.58170,000.00161,000.00144,000.00141,000.00120,000.00931,750.00 2,496,695.55 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.200.372.608.40 Denton, TX 13.7529.5035.00 925.00 6,500.003,150.008,900.004,650.004,750.004,750.00 62,000.0081,000.0048,000.00 Jagoe-Public Company 170,000.00161,000.00144,000.00141,000.00120,000.00 UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,600.004,350.008,380.001,480.009,534.00 36,064.0025,200.0014,910.0020,000.0068,923.5022,974.5074,859.7548,888.0075,000.0075,500.0047,500.0020,500.00 255,039.75150,000.00125,000.00120,500.00113,950.00105,000.00832,950.00 1,987,342.40 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.500.504.008.00 12.2537.0042.00 Webber, LLC. 3,600.002,576.002,100.004,350.002,982.00 20,000.0075,000.0075,500.0047,500.0020,500.00 150,000.00125,000.00120,500.00113,950.00105,000.00 The Woodlands, Texas UNIT PRICEUNIT PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,600.004,350.001,500.007,751.501,400.009,080.00 36,064.0025,200.0014,910.0066,626.0518,379.6073,332.0047,360.2582,000.0085,000.0053,000.0021,000.00 225,429.40170,000.00141,000.00133,000.00128,000.00117,000.00930,000.00 1,987,342.40 AMOUNTAMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.450.403.707.75 12.0035.0040.00 San Antonio, TX 3,600.002,576.002,100.004,350.002,982.001,500.00 82,000.0085,000.0053,000.0021,000.00 170,000.00141,000.00133,000.00128,000.00117,000.00 UNIT PRICEUNIT PRICE Zachry Construction Corporation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ LSLFLFLFLFLFLSLSLSLSLSLSLS SYSY EAEAEAEAEAEAEA UNITUNIT 1151111111111 141240 227 2,0956,1116,111 45,94945,949 QUANTITYQUANTITY ESTIMATED ESTIMATED TOTAL UNIT IX TOTAL UNIT VII TOTAL UNIT VIII DESCRIPTIONDESCRIPTION (INLET PROTECTION) VALVE ASSEMBLY - 2"VALVE ASSEMBLY - 1"(ALL INTERSECTIONS) ROCK FILTER DAM (TY 2)ROCK FILTER DAM (TY 3) WATER METER, ALL SIZES WATER SERVICES, ALL SIZES MILLS ROAD TRAFFIC SIGNAL ASSOCIATED APPURTENANCES MORSE STREET TRAFFIC SIGNAL SPENCER ROAD TRAFFIC SIGNAL RUSSELL NEWMAN TRAFFIC SIGNAL UNIVERSITY DRIVE TRAFFIC SIGNAL MCKINNEY STREET TRAFFIC SIGNAL CONSTRUCTION EXITS (TY I) (INSTALL) CONSTRUCTION EXITS (TY I) (REMOVE) STORM WATER POLLUTION PREVENTION PLAN COMBINATION AIR AND VACUUM AIR RELEASE COMBINATION AIR AND VACUUM AIR RELEASE BIODEG EROSION CONTROL LOGS (INSTALL) (12") SALVAGE EXISTING TRAFFIC SIGNAL EQUIPMENT MCKINNEY STREET TEMPORARY TRAFFIC SIGNALUNIVERSITY DRIVE TEMPORARY TRAFFIC SIGNAL TEMPORARY SEDIMENT CONTROL FENCE (INSTALL) TEMPORARY SEDIMENT CONTROL FENCE (REMOVE) RELOCATE EXISTING WATER METER VAULT AND ALL ITEM 201ITEM 201ITEM 201ITEM 201ITEM 201ITEM 201ITEM 201ITEM 201 SPEC. NO.SPEC. NO. ITEM 502.6.3ITEM 502.6.3 ITEM 502.10.3-AITEM 502.10.3-AITEM 502.10.3-A TxDOT ITEM 681TxDOT ITEM 681TxDOT ITEM 680TxDOT ITEM 680TxDOT ITEM 680TxDOT ITEM 680TxDOT ITEM 680TxDOT ITEM 680TxDOT ITEM 680 COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM COD NCTCOG AM Respondent's Name:Principal Place of Business (City and State): i. ii. IX-1IX-2IX-3IX-4IX-5IX-6IX-7IX-8IX-9 VIII-1VIII-2VIII-3VIII-4VIII-5VIII-6VIII-8VIII-9 VII-40VII-41VII-42VII-43VII-44ITEMITEM LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ UNIT VIII - ENVIRONMENTAL UNIT IX - TRAFFIC SIGNALS 411,656.40 448,086.98 187,160.32 866,665.07 (696,955.00)(696,955.00) 6,272,595.00 2,832,686.00 6,458,065.03 1,111,687.98 2,919,268.54 (6,969,550.00) 27,125,100.27 42,360,376.59 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ Dallas, TX 50.0045.00 Ed Bell Construction Company $ $ UNIT PRICE 354,760.80 420,630.00 778,602.00 221,122.15 (745,741.85)(745,741.85) 7,973,165.202,945,895.507,825,305.002,429,341.001,005,000.00 (8,718,907.05) 26,195,583.29 AMOUNT 42,176,239.74 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Inc Frisco, Texas 62.5557.20 UNIT PRICE Mario Sinacola & Son's Excavating, $ $ 445,122.50741,577.00279,850.50869,000.00 (759,680.95)(759,680.95) 2,602,372.001,164,686.407,473,098.002,123,441.00 10,280,086.2525,310,652.60 AMOUNT (11,039,767.20) 41,009,800.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Mesquite, TX79.2073.75 Tiseo Paving Company UNIT PRICE $ $ 458,633.75672,714.00261,711.95 (857,254.65)(857,254.65) 8,363,460.002,463,163.00 1,007,386.80 7,612,098.00 1,581,060.00 1,249,500.00 (9,220,714.65) 23,084,511.35 AMOUNT 38,390,778.85 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Mesquite, TX66.1560.00 Glenn Thurman, Inc UNIT PRICE $ $ 421,696.80 420,630.00 804,200.00 233,554.40 904,000.00 (696,955.00)(696,955.00) 7,108,941.002,909,568.008,177,245.002,283,656.00 (7,805,896.00) 22,032,471.36 AMOUNT 38,187,021.56 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 56.0051.00 Fort Worth, Texas Texas Sterling Construction Co UNIT PRICE $ $ 558,915.60366,112.50796,754.20226,820.58931,750.00 7,945,287.002,656,611.057,863,969.002,496,695.55 (9,060,415.00)(1,115,128.00)(1,115,128.00) 21,803,045.43 AMOUNT 37,700,673.91 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Denton, TX 65.0057.00 Jagoe-Public Company UNIT PRICE $ $ 418,173.00384,882.00436,918.75696,006.30255,039.75832,950.00418,173.00 8,084,678.002,616,850.00 7,074,937.60 1,987,342.40 (7,666,505.00) 22,689,073.20 36,974,000.00 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ 55.0058.00 Webber, LLC. The Woodlands, Texas UNIT PRICE $ $ 495,995.76466,150.00696,006.30225,429.40930,000.00 (273,206.36)(273,206.36) 6,551,377.002,389,144.42 7,851,035.28 1,987,342.40 (6,824,583.36) 20,836,310.96 35,877,414.52 AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ 48.9647.00 San Antonio, TX UNIT PRICE Zachry Construction Corporation $ $ SYSY UNIT 139,391 (139,391) QUANTITY ESTIMATED TOTAL UNIT I TOTAL UNIT V TOTAL UNIT II TOTAL UNIT IVTOTAL UNIT VITOTAL UNIT IX TOTAL UNIT III TOTAL UNIT VII TOTAL UNIT VIIITOTAL BASE BID TOTAL BID ALT 1 (12")(10") TOTAL BID ALTERNATE 1 DESCRIPTION CONTINUOUSLY REINFORCED CONCRETE PAVEMENT CONTINUOUSLY REINFORCED CONCRETE PAVEMENT SPEC. NO. TXDOT 360 TXDOT 360 Respondent's Name:Principal Place of Business (City and State): i. ii. A1-1A1-2 ITEM LC. ЏЌБВ Ώ ğĬǒƌğƷźƚƓ {ŷĻĻƷ ŅƚƩ ağǤŷźƌƌ wƚğķ źķĻƓźƓŭ ğƓķ LƒƦƩƚǝĻƒĻƓƷƭ BID ALTERNATE 1 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ZACHRY CONSTRUCTION CORPORATION (IFB 6389) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this date ____________________, by and between City of Denton of the County of Denton and State of Texas, acting through Todd Hileman thereunto duly authorized so to do, hereinafter termed "OWNER," and _Zachry Construction Corporation, 2330 N Loop 1604 W, San Antonio, TX 78248-4512 of the City of San Antonio, County of Bexar, and State of Texas, hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: IFB #6389 – MAYHILL ROAD WIDENING & IMPROVEMENTS in the amount of Thirty-five Million Eight Hundred Seventy-seven Thousand, Four Hundred Fourteen and 52/100 Dollars ($35,877,414.52) and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Freese & Nichols all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. INDEPENDENT STATUS/NO JOINT VENTURE It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Further, nothing in this Agreement shall be construed or interpreted to make OWNER and CONTRACTOR partners or joint venturers, or to make one an agent or representative of the other. INDEMNIFICATION CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, OR EMPLOYEES OF THE OWNER. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS OWNER DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, SERVANTS, OR EMPLOYEES OF THE OWNER. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. CHOICE OF LAW AND VENUE This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence," as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. PAYMENT AND PERFORMANCE BONDS Contractor will be required to furnish original performance and payment bonds for one hundred (100%) percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. LIQUIDATED DAMAGES The time of the completion of construction of the project is of the essence of the contract. Should the Contractor neglect, refuse, or fail to complete the construction within the time agreed upon, after giving effect to extensions of time, if any, herein provided, then, in that event and in view of the difficulty of estimating with exactness damages caused by such delay, OWNER shall have the right to deduct from and retain out of such money which may be then due or which may become due and payable to the Contractor the sum of FIVE HUNDRED and no/100 DOLLARS ($500.00) per day for each and every day, including weekends, that such construction is delayed on its completion beyond the specified time, as liquidated damages and not as a penalty. If the amount due and to become due from OWNER to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor shall pay to OWNER the amount necessary to effect such payment in full. Provided, however, that OWNER shall promptly notify the Contractor in writing of the manner in which the amount is retained, deducted, or claimed as liquidated damages was computed. For computation of extensions of time, the Contractor shall provide OWNER written Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C notice of each day construction is delayed or prevented, and the reason therefore. FORCE MAJEURE OWNER and CONTRACTOR shall not be in default or otherwise liable for any delay in, or failure of, performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, or riots. However, neither the lack of funds, nor the lack of reasonably planning shall be deemed to be a reason beyond a party’s reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement, and each party shall use commercially reasonable best efforts to limit delays on its part. CONSTRUCTION ACCEPTANCE Following initial construction, OWNER shall provide a written “Final Punch List” to CONTRACTOR. CONTRACTOR shall acknowledge receipt of the Final Punch List and notify OWNER, within five (5) business days, of any requirements CONTRACTOR deems inconsistent with OWNER’s Standard Specifications. OWNER and CONTRACTOR shall strive to agree on items to be included in the Final Punch List and any corrections shall be made at that time. When the Final Punch List is complete for the entire project, a letter of acceptance will be issued by OWNER. No deviations will be allowed unless approved in writing by OWNER. SEVERABILITY If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the legality, validity, or enforcement of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid, or unenforceable term or provision there shall be added automatically to this Agreement a legal, valid, or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or unenforceable. ASSIGNABILITY OWNER and CONTRACTOR agree that this Agreement may not be assigned without the prior written consent of the other party due to the special covenants, nature, and subject matter of this Agreement. NO WAIVER The failure of OWNER or CONTRACTOR to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C EXHIBITS All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever reference is made to the same. NO THIRD-PARTY BENEFICIARIES This Agreement is not intended to, and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties hereto and their permitted successors-in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit of the Parties, their permitted successors-in-interest, and any permitted assigns pursuant to the terms and provisions of this Agreement. PARAGRAPH HEADINGS AND CONSTRUCTION OF AGREEMENT The descriptive headings of this various articles and sections of this Agreement have been inserted for the convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement, which shall not be construed either more or less strongly against or for either Party. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. OWNER CITY OF DENTON BY: TODD HILEMAN CITY MANAGER CONTRACTOR ZACHRY CONSTRUCTION CORP. BY: AUTHORIZED AGENT NAME TITLE Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C PHONE NUMBER EMAIL ADDRESS ATTEST: JENNIFER WALTERS, CITY SECRETARY ________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original notarized Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1.Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2.Register utilizing the tutorial provided by the State 3.Print a copy of the completed Form 1295 4.Enter the Certificate Number on page 2 of this contract. 5.Sign and notarize the Form 1295 6.Email the notarized form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C INSURANCE REQUIREMENTS AND WORKERS’ COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however,Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: \[X\] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned hired and non-owned autos. \[X\]Workers’ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). \[ \] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. \[ \] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. \[ \] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. \[ \] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C ATTACHMENT 1 \[X\]Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A.Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B.The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C.The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D.If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E.The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1.a certificate of coverage, prior to that person beginning work on the project, so Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2.no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F.The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G.The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H.The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I.The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1.provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2.provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3.provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4.obtain from each other person with whom it contracts, and provide to the contractor: a.a certificate of coverage, prior to the other person beginning work on the project; and b.a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5.retain all required certificates of coverage on file for the duration of the project and Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C for one year thereafter; 6.notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7.Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J.By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K.The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C Certificate Of Completion Envelope Id: 89EC6AE523EF4489B951968895F65E4CStatus: Sent Subject: City Council Docusign Item - 6389 Source Envelope: Document Pages: 33Signatures: 2Envelope Originator: Supplemental Document Pages: 0Initials: 0Karen E. Smith Certificate Pages: 6 AutoNav: EnabledPayments: 0karen.smith@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: OriginalHolder: Karen E. SmithLocation: DocuSign 6/13/2017 8:27:51 AM karen.smith@cityofdenton.com Signer EventsSignatureTimestamp Karen E. SmithSent: 6/13/2017 8:31:05 AM Completed karen.smith@cityofdenton.comViewed: 6/13/2017 8:31:18 AM Interim Purchasing ManagerSigned: 6/13/2017 8:31:56 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jean AbiassiSent: 6/13/2017 8:31:59 AM Jean.Abiassi@Zachrycorp.comResent: 6/13/2017 4:12:21 PM President & COOResent: 6/15/2017 10:30:39 AM Security Level: Email, Account Authentication Resent: 6/20/2017 12:49:42 PM Using IP Address: 12.68.242.131 (Optional) Viewed: 6/14/2017 8:36:53 AM Signed using mobile Signed: 6/20/2017 1:15:14 PM Electronic Record and Signature Disclosure: Accepted: 6/14/2017 8:36:53 AM ID: 8ed4db18-2919-46c5-85df-3735d7738ea1 Jennifer DeCurtisSent: 6/20/2017 1:15:17 PM jennifer.decurtis@cityofdenton.comViewed: 6/20/2017 1:57:16 PM Deputy City AttorneySigned: 6/20/2017 1:57:29 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 6/20/2017 1:57:31 PM julia.winkley@cityofdenton.comViewed: 6/20/2017 3:20:34 PM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman todd.hileman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Signer EventsSignatureTimestamp Electronic Record and Signature Disclosure: Accepted: 2/8/2017 6:52:51 PM ID: 8154723a-9757-4d53-a4b5-794656233671 Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 6/20/2017 1:15:16 PM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 6/20/2017 1:15:16 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 1:39:51 PM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Noreen Housewright noreen.housewright@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted6/20/2017 1:57:31 PM Payment EventsStatusTimestamps 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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June 27, 2017 Denton City Council Meeting Individual Consideration Item A ağǤŷźƌƌ wķ͵ tƩƚƆĻĭƷ Construction Corporation Zachry To In the amount of $35,877,414.52For the construction of Mayhill Road The request is that City Council approve award of a contract: ŷĻ ğƭƉ 5, - / US 380 to Dr construction of a four lane divided concrete roadway with a wide median that will accommodate two additional lanesdrain system, culvert at PECand new bridges at Cooper Creek and Pecan Creek.from University north of Edwards Rd. tƩƚƆĻĭƷ 5ĻƭĭƩźƦƷźƚƓ Construction Corporation, the low Zachry and Nichols, Inc. reviewed the bids FreeseRecommend award to bidder wĻĭƚƒƒĻƓķğƷźƚƓ \[ĻƷƷĻƩ Eight receivedRange from low of $35,877,414.52 to a high of $42,360,376.59About 18% spread from low to high ŷĻ .źķƭ ) 4 & 1 funds) Precinct Funds) CIP (RTR (County(City 00 0000 . .. 915 289210 , ,, 541 893442 , ,, 31 30 $$$ RTR, County, and City CIP funds tƩƚƆĻĭƷ CǒƓķźƓŭ vǒĻƭƷźƚƓƭͪ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-791,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDenton,Texasre-establishinganadhocCityCouncil CommitteeandappointingCommitteememberstoreviewemployeebenefitsoftheCityofDenton,Texasand to advise the City Council with regard to these matters; and providing an effective date. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Human Resources CM/ DCM/ ACM: Bryan Langley DATE: June 27, 2017 SUBJECT Consider approval of a resolution of the City of Denton, Texas re-establishing an ad hoc City Council Committee and appointing Committee members to review employee benefits of the City of Denton, Texas and to advise the City Council with regard to these matters; and providing an effective date. BACKGROUND vacation and sick benefits. During that meeting, the Council discussed putting together an ad hoc Council the Council on any changes they think need to be made. The establishment of the mployee Leave Committee was approved through resolution 2017-007 on March 7, 2017. Kathleen Wazny, Sara Bagheri, and Keely Briggs were selected to serve on the committee. The Committee met on March 24, 2017, to begin discussions about the vacation and sick benefits. During that meeting, the Committee recognized the need and benefit of being able to review and discuss other City of Denton benefits. Therefore, at the April 11, 2017, City Council meeting, Councilmember Wazny, chair of the Committee, requested the scope of the Committee be expanded to include review of all City of Denton employee benefits, not just vacation and sick leave. The Council agreed and resolution 2017-014 was approved on April 18, 2017, which amended resolution 2017-007. The title of the Committee was changed However, the resolution dissolved the Committee on May 16, 2017. The Committee met for a second time on April 27, 2017, to continue its discussions on vacation and sick benefits. During this meeting, the Committee also began discussing the health insurance benefits. The Committee asked the Human Resources staff members to seek input from employees for the Committee to consider before making a final recommendation to the City Council. The feedback was sought through representatives from the Employee Insurance Committee (EIC), which met on May 16, 2017. During this meeting, the options that the Committee had been reviewing were shared with the EIC members. They were asked to seek input from employees in the departments whom they represent to determine which options would be best supported. Feedback was due back to Human Resources by June 9, 2017. The information has been compiled and now needs to be shared with the Committee. In order to do this, the Council will need to re-establish the Committee, which will be accomplished by approving the attached resolution. This Committee will dissolve upon a final recommendation being presented to the City Council. New committee members will need to be selected since Kathleen Wazny is no longer serving on the City Council. Alternatively, if the Council desires not to re-establish the Committee, the feedback from the employees can be shared directly with the full Council at a future Council meeting. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 Resolution 2017-007 Exhibit 3 - Resolution 2017-014 Exhibit 4 - Resolution to re-establish ad hoc committee Respectfully submitted: Carla Romine Director of Human Resources City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-795,Version:1 AGENDA CAPTION Consider appointments to Council Committees. City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Secretary’s Office CM/ DCM/ ACM: Bryan Langley, Deputy City Manager DATE: June 27, 2017 SUBJECT Consider appointments to Council committees. BACKGROUND Council will be discussing appointments to Council committees during the Work Session on June 27, 2017. Changes made during the Work Session will be provided to Council prior to approval. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-805,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteaprofessionalservicesagreement fordesignandengineeringservicesrelatingtotheextensionofapproximately14,000linearfeetof24-inchto 30-inchwaterlinefromtheCityofDentonSouthwestPumpStationlocatedonJohnPaineRoad,northalong OldJohnPaineRoad,andtheneastalongAllredRoadtoBonnieBraeStreet;providingfortheexpenditureof fundstherefor;andprovidinganeffectivedate(File6478-awardedtoKimley-Horn&Associates,Inc.inan amount not-to-exceed $504,500). The Public Utilities Board recommends approval (7-0). City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Mario Canizares DATE: June 27, 2017 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the extension of approximately 14,000 linear feet of 24-inch to 30-inch water line from the City of Denton Southwest Pump Station located on John Paine Road, north along Old John Paine Road, and then east along Allred Road to Bonnie Brae Street; providing for the expenditure of funds therefor; and providing an effective date (File 6478awarded to Kimley-Horn & Associates, Inc. in an amount not-to-exceed $504,500). The Public Utilities Board recommends approval (7-0). BACKGROUND The Allred to John Paine Road Transmission Line project will extend approximately 14,000 linear feet of 24-inch to 30-inch water line from the Southwest Pump Station (on John Paine Road) north along Old John Paine and then east along Allred to the 24-inch water line in Bonnie Brae (see Exhibit 1) and will include the installation of a flow control valve at the Southwest Pump Station site. Also included with this project is an additional redundant feed to be located near Bonnie Brae and US Hwy 377 which will allow for system operational flexibility if one of the Southwest Pump Station transmission lines is taken out of service. This project is slated for construction in the Capital Improvement Plan for Fiscal Year 2018 and is important for providing reliable and adequate water service to the southwest portion of the City by providing redundancy and flexibility to the Southwest Pump Station in response to projected growth in the area. FILE INFORMATION The proposed engineering fee for this project is $504,500 and includes amounts for Basic Services of $306,700, Additional Services of $189,500 and Reimbursable Expenses of $8,300. The Basic Services consist of creation of construction plans for the water line improvements along with bid and construction phase support. The Additional Services include performance of the design survey, creation of easement documents, subsurface utility engineering services, geotechnical services, permitting and cathodic protection design. The preliminary opinion of probable construction cost for the project is approximately $5,960,000. These numbers will be verified as the design project progresses. The following percentages are based on the total engineering fee of $504,500 for the project. Basic Services represent approximately 5.3% of the projected construction cost, and Additional Services plus Reimbursable Expenses represent approximately 3.2% of the projected construction cost.The project includes standard services typically performed as part of most design projects and non-standard services not typically performed for most projects. For this project, the standard services include preliminary design, final design, design survey, utility coordination, bid and construction phase support, and direct expenses. These tasks total $301,700 which is 5.1% of the estimated construction cost. For this project, the non- standard services include the schematic design, boundary and construction survey services, easement documents, subsurface utility engineering services, geotechnical services, permitting, and cathodic protection design. These tasks total $202,800 or 3.4% of the estimated construction cost. Kimley-Horn & Associates, Inc. has been selected for the detailed design of this project on the basis of demonstrated qualifications in water system design projects. Kimley-Horn & Associates, Inc. has worked closely with staff to scope and execute other, similar projects. They have performed well in the execution of professional engineering services for the City of Denton, delivering projects in a professional and efficient manner. Their qualifications to perform these services have been clearly demonstrated to the satisfaction of staff within the organization. In accordance with Texas Local Government Code 252.022, the procurement of professional services is exempt from the requirement of competition based selection. Accordingly, the Capital Projects department requested a proposal directly from Kimley-Horn & Associates, Inc., and this direct solicitation to a single provider based on demonstrated and known qualifications is consistent with State law for the procurement of professional services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 12, 2017, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Kimley-Horn & Associates, Inc. in the amount of $504,500 for Engineering Services associated with the Allred Road to John Paine Road Transmission Line project. The amount of the contract is consistent with the level of effort required for a project of this nature. PRINCIPAL PLACE OF BUSINESS Kimley-Horn and Associates, Inc. Raleigh, NC ESTIMATED SCHEDULE OF PROJECT The consultant is prepared to begin the services associated with this Agreement upon Council approval with the goal of completing design in early 2018 to facilitate construction to begin Spring 2018 (pending easement acquisitions). FISCAL INFORMATION Water Utilities project number 630385523 1360.21100 will be utilized for this project. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 5.1 Manage Denton's water resources EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Project Map Exhibit 3: Public Utilities Board Minutes Exhibit 4: Ordinance Exhibit 5: Professional Services Agreement Respectfully submitted: Galen Gillum, 349-7656 Director of Capital Projects For information concerning this acquisition, contact: Lee Perry, P.E at 349-8938. Allred to John Paine Transmission Line SW Pump Station City of Denton CIP 2016-2020 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 Monday, June 12, 2017 9:00a.m. City Council Work Session Room 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, June12, 2017 at 9:00a.m. in the Council Work Session Room at City Hall, 215 E. 8 McKinney Street, Denton, Texas. 9 10 Present: Chair Randy Robinson, Vice Chair Susan Parker, Barbara Russell, Charles 11 Jackson, Brendan Carroll, Allen Bishop and Lilia Bynum 12 13 Ex Officio 14 Members: Todd Hileman, CM and Mario Canizares, ACM 15 16 OPEN MEETING 17 18 CONSENT AGENDA 19 20 E. PUB17-124 - Consider recommending approval of a Professional Services Agreement for 21 Architect or Engineer between the City of Denton and Kimley-Horn & Associates, Inc. in the 22 amount of $504,500.00 for Engineering Services associated with the Allred to John Paine 23 Road Water Transmission Line project (Contract #6478). 24 25 Board Member Parker motioned to approve item PUB17-124. There was a second by 26 Board Member Bynum. Vote 7-0 approved. 27 28 29 Adjournment 11:25 a.m. DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 PROFESSIONAL SERVICES AGREEMENT FORCONSULTING SERVICES CONTRACT 6478 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT (the “Agreement”) is made and entered into on ________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and Kimley-Horn and Associates, Inc., with its corporate office at 421 Fayetteville Street, Raleigh, North Carolina, 27601, hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I CONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant to Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on a nonexclusive basis in the course of its business. This Agreement does not in any way constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, a licensed Texas engineer, as an independent contractor. The CONSULTANT hereby agrees to perform the services in conjunction with the following projects as described in Exhibit A, which is attached hereto and incorporated herein (the “Project”). Allred and John Payne Road Transmission Line Page 1 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE II SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: A.The CONSULTANT shall perform all those services as necessary and as described in the OWNER’sContract 6478– Engineering Services for Allred and John Payne Road Transmission Line, which is attached hereto and made a part hereof as Exhibit A and Exhibit Bas if written word for word herein. B.To perform all those services set forth in CONSULTANT’s proposal, which proposal is attached hereto and made a part hereof as Exhibit A and Exhibit B as if written word for word herein. C.CONSULTANT shall perform all those services set forth in individual task orders, as described in Exhibit A and Exhibit B which shall be attached to this Agreement and made a part hereof. D.If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, examples of which are described in Exhibit B. A.Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B.Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. C.Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). D.Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. E.Visits to the site in excess of the number of trips included in Exhibit B and Exhibit C. F.Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. Page 2 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE IV TIME OF COMPLETION CONSULTANTis authorized to commence work under this contract upon execution of this AGREEMENT. CONSULTANT will provide services from the date of execution and shall automatically expire upon completion of the work or receipt of the materials, and acceptance by the City of Denton. ARTICLE V COMPENSATION A.COMPENSATION TERMS: 1.“Subcontract Expense” is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to this agreement. 2.“Direct Non-Labor Expense” is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B.BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit C which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $504,500. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III “Additional Services,” without obtaining prior written authorization from the OWNER. C.ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit C. Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. Page 3 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 D.PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed statement thereof, the amounts due the CONSULTANT will be paid interest in accordance with the Texas Government Code 2251.025. Additionally, the CONSULTANT may, after giving seven (7) days’ written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the OWNER to pay the late charge if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide dispute concerning the amount due, or the invoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of receipt of the invoice. E.Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. Page 4 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE VIII INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTALTO, RELATEDTO, AND IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE SECTION 271.904. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A.Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B.Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C.Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $100,000 for each accident. D.Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E.The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER’s request to evidence such coverages. The General Liability and Auto Liability insurance policies shall name the OWNER as an additional insured. CONSULTANT shall endeavor to provide OWNER with any cancellation or modification to its insurance policies. Page 5 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE X ALTERNATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute tomediation with each party bearing its own costs of mediation. No mediation arising out of or relatingto this Agreement, involving one party’s disagreement may include the other party to the disagreement without the other’s approval. Mediation will not be a condition precedent to suit. ARTICLE XI TERMINATION OF AGREEMENT A.Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days’ advance written notice to the other party. B.This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than fifteen(15) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C.If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V “Compensation.” Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. Page 6 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing: To CONSULTANT: To OWNER: Kimley-Horn and Associates, Inc.City of Denton Glenn A. Gary, P.E.Purchasing Manager–Contract6478 801 Cherry Street Unit 11, Suite 950901B TexasStreet Fort Worth, Texas 76102 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE XIV ENTIRE AGREEMENT This Agreement and related exhibits constitute the complete and final expression of this Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read or hereinafter be amended. ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap. Contract 6478 Page 7 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE XVIII PERSONNEL A.The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B.All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX ASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A.The following exhibits are attached to and made a part of this Agreement: Exhibit A –Contract 6478: Allred and John Payne Road Transmission Line Exhibit B –Consultant’s Scope of Services Offer Exhibit C –Consultant’s Compensation Rate Sheet, Attachment CO B.The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within Page 8 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 10 business days of written request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. C.This Agreement shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the party seeking relief shall submit such dispute to the District Courts of Denton County or if federal diversity or subject matter jurisdiction exists, to the United States District Court for the Eastern District of Texas-Sherman Division. D.For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be__________________. However, nothing herein shall limit CONSULTANT from using other equally qualified and competent members of its firm to perform the services required herein. E.CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F.The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G.The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Page 9 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE XXII CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original notarized Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1.Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2.Register utilizing the tutorial provided by the State 3.Print a copy of the completed Form 1295 4.Enter the Certificate Number on signature page. 5.Sign and notarize the Form 1295 6.Email the notarized form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 –Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. Page 10 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this date______________________. CITY OF DENTON, TEXAS __________________________________ TODD HILEMAN, CITY MANAGER JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: __________________________________ KIMLEY-HORN AND ASSOCIATES, INC. “CONSULTANT” ___________________________________ BY: Glen A. Gary, P.E. ITS: Sr. Vice President 2017-214982 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER Page 11 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the “Agreement”) andproposal (the “Proposal”) to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the “Design Professional”) or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the “Services”). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the “Degree of Care”). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional’s Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. Page 12 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 The Owner agrees that the Design Professional has no control over bids received from Contractors. In the event that bids exceed the budget, the opinion of probable construction cost, and the Owner dictates that the project shall be modified and rebid, those services are not included in this contract and shall be considered Extra Services. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional’s observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. Page 13 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1.inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or Page 14 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 2.due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Page 15 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.4.18. ARTICLE 4 OWNER’S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner’s objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over Page 16 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner’s use of such documents in other projects shall be at Owner’s sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional’s receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. Page 17 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspec- tion and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement, subject to the limitations in Texas Local Government Code Section 271.904. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers’ Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days’ prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. Page 18 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they cannot be reasonably harmonized, such documents shall be given priority in the following order? 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional’s promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information con- sidered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and sub consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 19 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies, except for Workers’ Compensation and Professional Liability,shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Page 20 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled before the expiration date. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: \[X\]A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Page 21 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or All owned, hired and non-owned autos. \[X\] Workers’ Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). \[ \] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with an aggregate. Page 22 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 \[X\] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. \[ \] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. \[ \] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Page 23 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 ATTACHMENT 1 \[X\] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A.Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B.The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C.The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D.If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E.The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1)a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Page 24 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 2)no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F.The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G.The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H.The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I.The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1)provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2)provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3)provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4)obtain from each other person with whom it contracts, and provide to the contractor: a)certificate of coverage, prior to the other person beginning work on the project; and b)a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Page 25 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 6)notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7)Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J.By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K.The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 26 of 70 Contract 6478 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Page 27 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Page 28 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES PROJECT UNDERSTANDING Provide engineering design services for the following tasks: Allred and John Paine Road 24/30-Inch Water Line: o The construction of approximately 14,000 linear feet of 24 to 30- inch waterline. The line will be in or adjacent to existing City/County/TxDOT Right-of-way along Allred Road from Bonnie Brae Street west to John Paine Road, and continuing south and terminating at an existing 20-inch stub out at the Southwest Pump Station. This line will provide a redundant feed to the Southwest Pump Station. Southwest Pump Station Flow Control Valve: o The construction of a flow-control valve adjacent to an existing flow- control valve which will be installed at existing pipe stub-outs. This will allow additional flow into the existing ground storage tanks on the Southwest Pump Station. Redundant Railroad Crossing: o The construction of an additional railroad crossing near Bonnie Brae Road, Union Pacific Railroad and US Highway 377. This will allow for system operational flexibility if one of the Southwest Pump Station transmission lines is taken out of service. The CONSULTANT’s scope of services is as follows: BASIC SERVICES A. SCHEMATIC DESIGN PHASE 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Preliminary Investigation i) Data Collection and Record Research (1) Gather existing survey and topographic data. (2) Gather existing aerial photographs. (3) Gather existing water, sanitary sewer and storm sewer record drawings. (4) Gather existing paving plans. (5) Gather existing development plans. (6) Gather existing plat information. (7) Collect property owner and record information. (8) Gather existing right-of-way and easement information. (9) Gather existing franchise utility record information. (10) Organize record information into project database. ii) Site Investigation Page 1 Page 29 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (1) Walk general alignment. (2) Document alignment corridor with photographs. (3) Identify potential alignment, conflicts and issues. iii) Data Review with Owner’s staff (1) Meet with Owner’s staff to review accuracy of record information. (2) Interview Owner’s staff concerning historical, existing and future City plans along the alignment. b) Preliminary Property and Right-of-Way Investigation i) Determine City Limit location. ii) Coordination with Denton County. (1) Determine existing County street maintenance agreements along Allred Road. iii) Provide assistance to Owner related to meetings with Hillwood. iv) Coordinate with City Attorney to determine feasibility of installation of utilities within prescriptive rights-of-way. v) Analyze existing elevations to determine southwest and central pressure plane boundary location. vi) Research TxDOT right-of-way limits and ownership/maintenance agreements for John Paine Road adjacent to IH-35. c) Purchasing Department Coordination. i) Determine feasibility of Competitive Sealed Proposal contract procurement method. d) Prepare Alternate Alignment Technical Memorandum. i) Analysis of alternate alignments indicating merits and challenges for each. (1) Easement acquisition schedule and cost impacts. (2) Pavement repair cost impacts. (3) Incorporation of mobility plan. (4) Engineer’s OPCC for each alignment. e) Prepare Design Narrative Technical Memorandum i) Pipe Material Assumptions ii) Pipe Restraint Assumptions iii) Pipe Cathodic Protection Assumptions 2) SOUTHWEST PUMP STATION FLOW CONTROL VALVE a) Perform hydraulic analysis calculations to determine appropriate valve sizing b) Provide schematic layout of proposed flow control valve. c) Provide Engineer’s OPCC. Page 2 Page 30 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES 3) REDUNDANT RAILROAD CROSSING a) Provide recommendations for redundant water line crossing locations. b) Provide schematic layout of proposed redundant water line crossing locations for Owner review. c) Provide Engineer’s OPCC. B. PRELIMINARY DESIGN PHASE 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Preliminary Design i) Project Management (1) Develop project communication plan. (a) Develop project contact list. (b) Conduct progress meetings to monitor the development of the project. During this phase of the project, conduct up to: (i) Three (3) meetings with the Owner regarding project status and coordination issues (c) Prepare and e-mail progress reports to the project team once a month (Owner and Design Professional Staff). (2) Document design criteria (coordinate with the Owner’s staff) (3) Project Administration (a) Prepare project correspondence and invoicing documents. ii) Field verification of survey and base map iii) Preliminary water line layout approval (1) Prepare horizontal layout of water line on base map. (2) Prepare cross sections at key locations for clarity. (3) Identify horizontal and vertical clearances and conflicts. (4) Identify temporary easement requirements. (5) Identify locations for additional subsurface utility investigations. (6) Identify permitting requirements. (7) Meet with the Owner’s staff for review and consensus on the preliminary layout. iv) Preliminary Water Line Plan/Profile Preparation (1) Prepare (22”x34”) Plan/Profile sheets at a 1”=40’ horizontal and 1”=4’ vertical scale. (2) Plan view of the base map shall have all above ground features shown and clearly labeled along with existing utilities based on field ties and record information. (3) Plan view shall include design notes for stationing, connections, tees, fire hydrants, valves, and horizontal bends. (4) Profile shall include design notes for stationing, size, slope, top of pipe, pipe material, embedment, length and construction method. Page 3 Page 31 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (5) Prepare preliminary water line design details, including a cathodic protection system. (6) Site verification of preliminary design. v) Preliminary Traffic Control and Detour Plan Preparation. vi) Franchise Utility Coordination (1) Send one set of plans to each franchise utility for their review. Request each franchise utility to mark up the plans to show the size, type, and location of their utilities. (2) Coordinate with the franchise utilities if any relocations are required. Notify the Owner if any relocations will be required. vii) Prepare preliminary general notes and details. viii)Prepare preliminary special technical specifications. ix) Compile and prepare an updated opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. x) Deliverables - Preliminary design submittal (60%) (1) Submit four (4) copies to the Owner for review and comment. (2) Submittal shall include the following: (a) Preliminary design plans (22”x34”) (b) Preliminary technical specification (c) Opinion of probable construction cost (3) Address Owner comments and submit four (4) final (11”x17”) preliminary plan sets. xi) Meetings (1) Attend one (1) meeting with the Owner’s staff to kick-off preliminary design. (2) Attend one (1) meeting with the Owner’s staff on-site prior to submittal of preliminary plans. (3) Attend one (1) meeting with the Owner’s staff to present and review the draft preliminary plan. 2) SOUTHWEST PUMP STATION FLOW CONTROL VALVE a) Preliminary Design i) Field verification of survey and base map ii) Preliminary yard piping layout approval (1) Prepare horizontal layout of yard piping on base map. (2) Prepare cross sections at key locations for clarity. (3) Identify horizontal and vertical clearances and conflicts. (4) Identify temporary easement requirements. (5) Identify locations for additional subsurface utility investigations. (6) Identify permitting requirements. (7) Meet with the Owner’s staff for review and consensus on the preliminary layout. iii) Preliminary Yard Piping Plan/Profile Preparation (1) Prepare (22”x34”) Site-Plan/Profile sheets at a 1”=10’ horizontal and 1”=1’ vertical scale. Page 4 Page 32 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (2) Plan view of the base map shall have all above ground features shown and clearly labeled along with existing utilities based on field ties and record information. (3) Plan view shall include design notes for stationing, connections, tees, fire hydrants, valves, and horizontal bends. (4) Profile shall include design notes for stationing, size, slope, top of pipe, pipe material, embedment, length and construction method. (5) Prepare preliminary water line design details, including a cathodic protection system. (6) Site verification of preliminary design. iv) Prepare preliminary general notes and details. v) Prepare preliminary special technical specifications. vi) Compile and prepare an updated opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. vii) Deliverables - Preliminary design submittal (60%) (1) Submit four (4) copies to the Owner for review and comment. (2) Submittal shall include the following: (a) Preliminary design plans (22”x34”) (b) Preliminary technical specification (c) Opinion of probable construction cost (3) Address Owner comments and submit four (4) final (11”x17”) preliminary plan sets. b) Electrical Engineering Design (1) Perform one (1) site visit to evaluate existing site conditions. (2) Provide power feeders to the high-flow control valve. (3) Provide control signals to the valve and interface with the Southwest Pump Station’s existing control system. (4) Electrical Design Drawings: (a) General Sheets (legend, general notes) (b) Site Plan and Elevation (c) One-Line Diagram (d) Instrumentation Symbols and Legend Page 5 Page 33 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES 3) REDUNDANT RAILROAD CROSSING a) Preliminary Design i) Field verification of survey and base map ii) Preliminary water line layout approval (1) Prepare horizontal layout of water line on base map. (2) Prepare cross sections at key locations for clarity. (3) Identify horizontal and vertical clearances and conflicts. (4) Identify temporary easement requirements. (5) Identify locations for additional subsurface utility investigations. (6) Identify permitting requirements. (7) Meet with the Owner’s staff for review and consensus on the preliminary layout. iii) Preliminary Water Line Plan/Profile Preparation (1) Prepare (22”x34”) Plan/Profile sheets at a 1”=40’ horizontal and 1”=4’ vertical scale. (2) Plan view of the base map shall have all above ground features shown and clearly labeled along with existing utilities based on field ties and record information. (3) Plan view shall include design notes for stationing, connections, tees, fire hydrants, valves, and horizontal bends. (4) Profile shall include design notes for stationing, size, slope, top of pipe, pipe material, embedment, length and construction method. (5) Prepare preliminary water line design details, including a cathodic protection system. (6) Site verification of preliminary design. iv) Preliminary Traffic Control and Detour Plan Preparation. v) Franchise Utility Coordination (1) Send one set of plans to each franchise utility for their review. Request each franchise utility to mark up the plans to show the size, type, and location of their utilities. (2) Coordinate with the franchise utilities if any relocations are required. Notify the Owner if any relocations will be required. vi) Prepare preliminary general notes and details. vii) Prepare preliminary special technical specifications. viii)Compile and prepare an updated opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. ix) Deliverables - Preliminary design submittal (60%) (1) Submit four (4) copies to the Owner for review and comment. (2) Submittal shall include the following: (a) Preliminary design plans (22”x34”) (b) Preliminary technical specification (c) Opinion of probable construction cost (3) Address Owner comments and submit four (4) final (11”x17”) preliminary plan sets. Page 6 Page 34 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES C. FINAL DESIGN PHASE 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Final Design i) Incorporate the preliminary design submittal review comments (one (1) round of comments anticipated in proposed effort). ii) Prepare updated opinion of probable construction cost. iii) Incorporate franchise utility investigation information. iv) Prepare erosion control plan and details. v) Deliverables: (1) Final design submittal (95%) (2) Submit four (4) copies to the Owner for review and comment. (3) Submittal shall include the following: (a) Final design plans (b) Technical specifications (c) Opinion of probable construction cost (4) Submit final plans to the following regulatory agency for review: Texas Commission on Environmental Quality (TCEQ) and the Texas Historical Commission. vi) Meetings (1) Meeting with Owner to review 95% Plans. 2) SOUTHWEST PUMP STATION FLOW CONTROL VALVE a) Final Design i) Incorporate the preliminary design submittal review comments (one (1) round of comments anticipated in proposed effort). ii) Prepare updated opinion of probable construction cost. iii) Incorporate franchise utility investigation information. iv) Prepare erosion control plan and details. v) Deliverables: (1) Final design submittal (95%) (2) Submit four (4) copies to the Owner for review and comment. (3) Submittal shall include the following: (a) Final design plans (b) Technical specifications (c) Opinion of probable construction cost (4) Submit final plans to the following regulatory agency for review: N/A 3) REDUNDANT RAILROAD CROSSING a) Final Design i) Incorporate the preliminary design submittal review comments (one (1) round of comments anticipated in proposed effort). ii) Prepare updated opinion of probable construction cost. iii) Incorporate franchise utility investigation information. iv) Prepare erosion control plan and details. v) Deliverables: Page 7 Page 35 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (1) Final design submittal (95%) (2) Submit four (4) copies to the Owner for review and comment. (3) Submittal shall include the following: (a) Final design plans (b) Technical specifications (c) Opinion of probable construction cost (4) Submit final plans to the following regulatory agency for review: N/A D. CONSTRUCTION DOCUMENTS PHASE 1) Bid Specifications and Construction Contract Documents a) Based on comments from the OWNER regarding the 95% plans and technical specification, the CONSULTANT will prepare construction contract documents, bid plans, and opinion of probable construction cost. i) The construction contract documents will consist of the following: (1) Notice to Bidders – Standard form provided by the OWNER. Specific project information will be added by the CONSULTANT. (2) Proposal - Standard form provided by the OWNER. Specific project information will be added by the CONSULTANT. (3) Contract Agreement – Standard form provided by the OWNER. (4) Performance Bond - Standard form provided by the OWNER. (5) Payment Bond - Standard form provided by the OWNER. (6) Certificate of Insurance - Standard form provided by the OWNER. (7) Invoice Attachment and Instructions - Standard form provided by the OWNER. (8) General Conditions – Standard form provided by the OWNER. (9) Supplementary Conditions – Project specific supplementary information for modification or addition to the general conditions produced by the CONSULTANT in accordance with the OWNER’s approval. (10)Technical Specifications – Produced by the CONSULTANT as outlined in the Final Design. ii) The bid plans will consist of the final plans, sign and sealed by a licensed professional engineer in the State of Texas and in accordance with comments provided by the OWNER during final design. E. BIDDING PHASE AND CONSTRUCTION CONTRACT EXECUTION 1) Bidding Phase Services a) The CONSULTANT will prepare and deliver two (2) sets of bid documents to the City project manager. If additional sets are required, it will be considered additional services. b) The CONSULTANT will provide electronic bid documents to the City purchasing department for bidding. Page 8 Page 36 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES c) The CONSULTANT will provide the Notice to Bidders to the OWNER for publication. The OWNER will be responsible for publication of the notice. The OWNER will be responsible for distribution of bidding documents to prospective contractors, suppliers and plan rooms. d) The CONSULTANT will provide assistance to the OWNER during the bidding phase by providing the following services: i) Preparation of addenda and delivery to the OWNER for distribution to the plans holders. ii) Responses to questions submitted by plan holders. iii) Attend bid opening facilitated by the OWNER. iv) Preparation of bid tabulation. v) Evaluation of bid results. vi) Preparation of recommendation of award letter. e) Conformance plans and specifications i) Based on potential questions and addenda from the bidding phase, prepare conformance set of plans and specifications to be used during construction. (1) Provide six (6) sets to the OWNER for execution. F. RECORD DRAWINGS 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Record Drawings i) Obtain and review comments and field changes on the construction plans from Owner and/or Contractor. ii) Prepare record drawings based on comments and field changes. Since the Design Professional will not be providing resident engineering services and not observing on a full-time basis, the Design Professional will not seal the record drawings. The record drawings will be provided in the following format: (a) Mylar Hardcopy (1) copy (b) PDF (1) electronic copy 2) SOUTHWEST PUMP STATION FLOW CONTROL VALVE (INCLUDED AS PART OF THE ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE) a) Record Drawings i) Obtain and review comments and field changes on the construction plans from Owner and/or Contractor. ii) Prepare record drawings based on comments and field changes. Since the Design Professional will not be providing resident engineering services and not observing on a full-time basis, the Design Professional will not seal the record drawings. The record drawings will be provided in the following format: (a) Mylar Hardcopy (1) copy Page 9 Page 37 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (b) PDF (1) electronic copy 3) REDUNDANT RAILROAD CROSSING (INCLUDED AS PART OF THE ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE) a) Record Drawings i) Obtain and review comments and field changes on the construction plans from Owner and/or Contractor. ii) Prepare record drawings based on comments and field changes. Since the Design Professional will not be providing resident engineering services and not observing on a full-time basis, the Design Professional will not seal the record drawings. The record drawings will be provided in the following format: (a) Mylar Hardcopy (1) copy (b) PDF (1) electronic copy G. CONSTRUCTION PHASE SERVICES 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Construction Phase Services i) Pre-Construction Conference (1) Design Professional will attend a Pre-Construction Conference prior to commencement of Work at the Site. ii) Control Staking (1) Using information provided with the design surveys, provide the selected contractor with the necessary on-site survey control data to facilitate the Contractor’s efforts to provide construction staking for the project. iii) Site Visits (1) CONSULTANT will visit the construction site up to two (2) times during construction. iv) Shop Drawings and Samples (1) CONSULTANT will review and approve or take other appropriate action in respect to water pipe line materials and lay schedule which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 2) SOUTHWEST PUMP STATION FLOW CONTROL VALVE a) Construction Phase Services i) Pre-Construction Conference (included as part of the Allred and John Paine 24”/30” Water Line) (1) Design Professional will attend a Pre-Construction Conference prior to commencement of Work at the Site. Page 10 Page 38 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES ii) Control Staking (included as part of the Allred and John Paine 24”/30” Water Line) (1) Using information provided with the design surveys, provide the selected contractor with the necessary on-site survey control data to facilitate the Contractor’s efforts to provide construction staking for the project. iii) Site Visits (included as part of the Allred and John Paine 24”/30” Water Line) (1) CONSULTANT will visit the construction site up to two (2) times during construction. iv) Shop Drawings and Samples (1) CONSULTANT will review and approve or take other appropriate action in respect to Shop Drawings, Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 3) REDUNDANT RAILROAD CROSSING (INCLUDED AS PART OF THE ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE) a) Construction Phase Services i) Pre-Construction Conference (1) Design Professional will attend a Pre-Construction Conference prior to commencement of Work at the Site. ii) Control Staking (1) Using information provided with the design surveys, provide the selected contractor with the necessary on-site survey control data to facilitate the Contractor’s efforts to provide construction staking for the project. iii) Site Visits (1) CONSULTANT will visit the construction site up to two (2) times during construction. iv) Shop Drawings and Samples (1) CONSULTANT will review and approve or take other appropriate action in respect to water pipe line materials and lay schedule which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Page 11 Page 39 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES H. DESIGN SURVEY 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Design Survey i) Utility and Property Owner Coordination (1) Coordinate with DIG TESS and City of Denton to locate and mark existing franchise and public utilities prior to performing the field survey. (2) The Owner shall arrange and make all provisions for access to perform the services specified within this scope. The surveyor shall provide the Owner with the name and address of the property owners. ii) Design Survey (1) The limits of the survey shall be a 60 foot wide alignment generally running in or adjacent to Allred Road and John Paine Road. (2) Establish up to ten (10) horizontal control points based on the City of Denton Coordinate System using ½-inch rebar with identifiable plastic cap, specific for this project. (3) Establish a vertical control benchmark circuit tied to the City of Denton benchmark system, specific for this project. (4) Perform a field survey to identify and locate existing topographic elements within the alignment corridor including, but not limited to, the following: (a) Property pins (b) Existing pavement, curbs, sidewalks, barrier free ramps, etc. (c) Lane striping (d) Driveways (e) Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control (f) Culverts and bridges (g) Guardrail (h) Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities (i) Traffic signal poles, cabinets, and other signal equipment (j) Signs (excluding temporary signs) (k) Trees, 6-inch caliper and up (l) Buildings (m)Retaining walls (n) Fence limits and material types (o) Other applicable physical features that could impact design: (i) Field ties to the existing edge of pavement on Allred Road and John Paine Road will be collected. (ii) Field sketches of utility manholes and structures. Page 12 Page 40 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (iii) Prepare a final topographic drawing in digital format (including one foot contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. 2) SOUTHWEST PUMP STATION FLOW CONTROL VALVE a) Design Survey i) Utility and Property Owner Coordination (1) Coordinate with DIG TESS and City of Denton to locate and mark existing franchise and public utilities prior to performing the field survey. (2) The Owner shall arrange and make all provisions for access to perform the services specified within this scope. The surveyor shall provide the Owner with the name and address of the property owners. ii) Design Survey (1) The limits of the survey shall be approximately a 100’x100’ area on the Southwest Pump Station Property generally centered around the proposed and existing flow control valve area. (2) Establish up to 3 (3) horizontal control points based on the City of Denton Coordinate System using ½-inch rebar with identifiable plastic cap, specific for this project. (3) Establish a vertical control benchmark circuit tied to the City of Denton benchmark system, specific for this project. (4) Perform a field survey to identify and locate existing topographic elements within the alignment corridor including, but not limited to, the following: (a) Property pins (b) Existing pavement, curbs, sidewalks, barrier free ramps, etc. (c) Driveways (d) Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control (e) Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities (f) Buildings (g) Fence limits and material types (h) Other applicable physical features that could impact design: (i) Field sketches of utility manholes and structures. (ii) Prepare a final topographic drawing in digital format (including one foot contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in Page 13 Page 41 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES the field, and a hard copy of the coordinates and feature descriptions. 3) REDUNDANT RAILROAD CROSSING a) Design Survey i) Utility and Property Owner Coordination (1) Coordinate with DIG TESS and City of Denton to locate and mark existing franchise and public utilities prior to performing the field survey. (2) The Owner shall arrange and make all provisions for access to perform the services specified within this scope. The surveyor shall provide the Owner with the name and address of the property owners. ii) Design Survey (1) The limits of the survey shall be approximately a 300’x50’ area across existing UPRR and TxDOT (US 377) Right-of-way. (2) Establish two (2) horizontal control points based on the City of Denton Coordinate System using ½-inch rebar with identifiable plastic cap, specific for this project. (3) Establish a vertical control benchmark circuit tied to the City of Denton benchmark system, specific for this project. (4) Perform a field survey to identify and locate existing topographic elements within the alignment corridor including, but not limited to, the following: (a) Property pins (b) Existing pavement, curbs, sidewalks, barrier free ramps, etc. (c) Lane striping (d) Driveways (e) Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control (f) Culverts and bridges (g) Guardrail (h) Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities (i) Traffic signal poles, cabinets, and other signal equipment (j) Signs (excluding temporary signs) (k) Trees, 6-inch caliper and up (l) Buildings (m)Retaining walls (n) Fence limits and material types (o) Other applicable physical features that could impact design: (i) Field ties to the existing edge of pavement on Bonnie Brae Street, and US Highway 377 will be collected. (ii) Field sketches of utility manholes and structures. Page 14 Page 42 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (iii) Prepare a final topographic drawing in digital format (including one foot contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. I. GEOTECHNICAL 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Geotechnical i) Perform a geotechnical analysis of the site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding design parameters. The geotechnical analysis shall include the following: (1) Subsurface exploration including up to nine (9) sample bores at approximately fifteen (15) feet depths. (2) Laboratory tests for classification purposes and strength characteristics (3) Engineering services that address soil and groundwater conditions as well as recommendations for earthwork. ii) A geotechnical report will be furnished by the geotechnical engineer to present the results of the field and laboratory data as well as analyses and recommendations. Three (3) copies of the report will be provided by the geotechnical engineer, with one (1) copy going to the Owner. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. 3) REDUNDANT RAILROAD CROSSING a) Geotechnical i) Perform a geotechnical analysis of the site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding design parameters. The geotechnical analysis shall include the following: (1) Subsurface exploration including two (2) sample bores at approximately twenty-five (25) feet depths. (2) Laboratory tests for classification purposes and strength characteristics (3) Engineering services that address soil and groundwater conditions as well as recommendations for earthwork. ii) A geotechnical report will be furnished by the geotechnical engineer to present the results of the field and laboratory data as well as analyses and recommendations. Three (3) copies of the report will be provided by the geotechnical engineer, with one (1) copy going to the Owner. Page 15 Page 43 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. J. SUBSURFACE UTILITY ENGINEERING (SUE) 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Subsurface Utility Engineering (SUE) i) Level A investigation existing of water line connection points. The Level A investigation shall consist of performing two (2) level A test- holes or “locates” of existing 30-inch water line stub-out near Allred Road and Bonnie Brae Street, and existing 20-inch water line stub-out on the Southwest Pump Station Property. The Level A investigation will be conducted in accordance to ASCE Publication CI/ASCE 38-02 and include the location of said utility in two dimensions obtained through non-destructive surface geophysical methods. 2) SOUTHWEST PUMP STATION FLOW CONTROL VALVE a) Subsurface Utility Engineering (SUE) i) Level A investigation existing of water line connection points. The Level A investigation shall consist of performing two (2) level A test- holes or “locates” of existing 30-inch water line stub-outs on the Southwest Pump Station Property adjacent to the existing flow-control valve. The Level A investigation will be conducted in accordance to ASCE Publication CI/ASCE 38-02 and include the location of said utility in two dimensions obtained through non-destructive surface geophysical methods. 3) REDUNDANT RAILROAD CROSSING a) Subsurface Utility Engineering (SUE) i) Level A investigation existing of water line connection points. The Level A investigation shall consist of performing two (2) level A test- holes or “locates” of existing 24-inch water line along Bonnie Brae Street, and existing 20-inch water along US Highway 377. The Level A investigation will be conducted in accordance to ASCE Publication CI/ASCE 38-02 and include the location of said utility in two dimensions obtained through non-destructive surface geophysical methods. K. CATHODIC PROTECTION SYSTEM 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Cathodic Protection System i) Document Review and Project Management Page 16 Page 44 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES This task consists of all the preparatory work required for the task. The specific elements are as follows: (1) The Design Professional will review the water line alignment with respect to crossings of foreign pipelines and paralleling utility systems. Existing cathodic protection systems and locations of foreign line test stations will be identified. Foreign pipeline crossings will be considered. (2) The Design Professional will evaluate the water line alignment for possible induced AC interference and the need for protection under fault conditions. ii) Cathodic Protection Field Survey (1) The Design Professional will obtain soil resistivity measurements at intervals not to exceed 1,000-feet using ASTM G-57-95. The measurements will be taken to depths of 5, 10, and 15-feet. (2) The Design Professional will test soil samples for moisture content, pH, chloride ion and conductivity. Water samples will be similarly tested with the addition of sulfate ions. (3) The Design Professional will create dimensional field sketches of possible locations for cathodic protection anodes. Locations of secondary AC service and sites for the installation of power supplies will be noted. iii) Data Analysis and Lab Work (1) The Design Professional will evaluate soil resistivity test data including the use of Barnes Layer techniques for determining resistivities of the soil layer where the proposed water line is to be installed. (2) The Design Professional will test soil samples in the laboratory for moisture content, pH, chloride ion concentration, sulfide ion concentration and conductivity. Water samples will be similarly tested, with the exception of moisture content. Sulfate ion concentrations will be determined for water samples as well. (3) The Design Professional will tabulate and analyze AC and DC interference test data using computer models. (4) The Design Professional will compile data and analyze the conditions for galvanic and electrolytic corrosion along the proposed pipeline route will be performed. iv) Corrosion Protection Design Following the analysis of the electrical data and the soil test results, corrosion protection and AC/DC interference mitigation requirements will be defined for 2 pipe types (bar wrapped concrete pressure pipe and ductile iron pipe) for the proposed water line. Design criteria will include minimizing the impact of the severe soil stresses in the area and a preference for sacrificial anode versus impressed current cathodic protection. Specific design deliverables will include: (1) Prepare recommendations for protective coatings based upon AWWA standards for the proposed water line. Page 17 Page 45 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES (2) Prepare a report that documents test data, analysis and an opinion of probable construction cost for cathodic protection and interference control systems, plans and specifications. 3) REDUNDANT RAILROAD CROSSING a) Cathodic Protection System i) Document Review and Project Management This task consists of all the preparatory work required for the task. The specific elements are as follows: (1) The Design Professional will review the water line alignment with respect to crossings of foreign pipelines and paralleling utility systems. Existing cathodic protection systems and locations of foreign line test stations will be identified. Foreign pipeline crossings will be considered. (2) The Design Professional will evaluate the water line alignment for possible induced AC interference and the need for protection under fault conditions. ii) Cathodic Protection Field Survey (1) The Design Professional will obtain soil resistivity measurements at intervals not to exceed 1,000-feet using ASTM G-57-95. The measurements will be taken to depths of 5, 10, and 15-feet. (2) The Design Professional will test soil samples for moisture content, pH, chloride ion and conductivity. Water samples will be similarly tested with the addition of sulfate ions. (3) The Design Professional will create dimensional field sketches of possible locations for cathodic protection anodes. Locations of secondary AC service and sites for the installation of power supplies will be noted. iii) Data Analysis and Lab Work (1) The Design Professional will evaluate soil resistivity test data including the use of Barnes Layer techniques for determining resistivities of the soil layer where the proposed water line is to be installed. (2) The Design Professional will test soil samples in the laboratory for moisture content, pH, chloride ion concentration, sulfide ion concentration and conductivity. Water samples will be similarly tested, with the exception of moisture content. Sulfate ion concentrations will be determined for water samples as well. (3) The Design Professional will tabulate and analyze AC and DC interference test data using computer models. (4) The Design Professional will compile data and analyze the conditions for galvanic and electrolytic corrosion along the proposed pipeline route will be performed. iv) Corrosion Protection Design Following the analysis of the electrical data and the soil test results, corrosion protection and AC/DC interference mitigation requirements will Page 18 Page 46 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES be defined for 2 pipe types (bar wrapped concrete pressure pipe and ductile iron pipe) for the proposed water line. Design criteria will include minimizing the impact of the severe soil stresses in the area and a preference for sacrificial anode versus impressed current cathodic protection. Specific design deliverables will include: (1) Prepare recommendations for protective coatings based upon AWWA standards for the proposed water line. (2) Prepare a report that documents test data, analysis and an opinion of probable construction cost for cathodic protection and interference control systems, plans and specifications. L. EASEMENT INSTRUMENTS OF CONVEYANCE PREPARATION 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Easement Instruments of Conveyance Preparation i) Prepare permanent and temporary easement instruments (narrative and graphic exhibits as required for proposed water line along or adjacent to Allred Road and John Paine Road). (1) Up to twelve (12) instruments are anticipated ii) Individual parcel exhibits shall be on 8 ½”x11” paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor (three (3) originals of each, Owner to provide standard language), shall conform to standard format provided by the Owner and shall contain the following at a minimum: (1) Parcel number (2) Area required (3) Area remaining (4) Legal description (5) Current owner (6) Any existing platted easements or easements filed by separate instrument including easements provided by utility companies (7) All physical features (8) Metes and bounds description of temporary easements to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately (9) The Owner will be responsible for preparing the legal instruments. 3) REDUNDANT RAILROAD CROSSING a) Easement Instruments of Conveyance Preparation i) Prepare permanent and temporary easement instruments (narrative and graphic exhibits as required for the crossing of private property adjacent to UPRR and TxDOT ROW). (1) Up to three (3) instruments are anticipated Page 19 Page 47 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES ii) Individual parcel exhibits shall be on 8 ½”x11” paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor (three (3) originals of each, Owner to provide standard language), shall conform to standard format provided by the Owner and shall contain the following at a minimum: (1) Parcel number (2) Area required (3) Area remaining (4) Legal description (5) Current owner (6) Any existing platted easements or easements filed by separate instrument including easements provided by utility companies (7) All physical features (8) Metes and bounds description of temporary easements to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately (9) The Owner will be responsible for preparing the legal instruments. M. EASEMENT ACQUISITION 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) Easement Acquisition i) The Owner will perform easement acquisition. 3) REDUNDANT RAILROAD CROSSING a) Easement Acquisition i) The Owner will perform easement acquisition. N. PERMITTING 1) ALLRED AND JOHN PAINE ROAD 24/30-INCH WATER LINE a) TxDOT UIR Permit i) Prepare the TxDOT UIR application and associated drawings related to installation of proposed waterline in John Paine Road, if proposed installation is within TxDOT ROW. ii) Submit the application to the Owner for processing. iii) Owner shall pay all fees associated with the TxDOT permit. 3) REDUNDANT RAILROAD CROSSING a) TxDOT UIR Permit i) Prepare the TxDOT UIR application and associated drawings related to a required permit for crossing US Highway 377. ii) Submit the application to the Owner for processing. Page 20 Page 48 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES iii) Owner shall pay all fees associated with the TxDOT permit. b) Railroad Permit i) Prepare the Railroad application and associated drawings related to a required permit for crossing the Union Pacific Railroad. ii) Submit the application to the Owner for processing. iii) Owner shall pay all fees associated with the railroad permit. Page 21 Page 49 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES Additional Services Services not specifically identified in the Scope of Services above shall be considered additional, and shall be performed on an individual basis upon authorization by the Owner. Such services shall include, but are not limited to, the following: Additional Construction Site Visits Additional Construction Shop Drawing and Sample Review and Comment Construction Final Walkthrough and Punchlist Preparation Additional Traffic Control Plan Details Traffic signal design Sidewalk design Design of any offsite drainage improvements beyond the improvements identified in the scope Preparation for and attendance at public meetings Furnish additional copies of review documents and/or bid documents in excess of the number of the same identified above. Assist the Owner as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies. Redesign to reflect project scope changes requested by the Owner, required to address changed conditions or change in direction previously approved by the Owner, mandated by changing governmental laws, or necessitated by the Owner’s acceptance of substitutions proposed by the contractor. Easement acquisition services beyond that in the scope: Appraisals Contacting property owners Condemnation support Offer letters Submittal to Texas Department of Licensing and Registration (TDLR) for ADA requirements. Construction staking Landscape / Irrigation Design Retaining wall design “Value engineering’” after bidding Traffic studies or reports SWPPP inspections / coordination Any services not listed in the Scope of Services Page 22 Page 50 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES Budget Detail The following detail outlines the budget for each task in the above Scope of Services. Compensation for the project is detailed in Exhibit C. Page 23 Page 51 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT B SCOPE OF SERVICES AND DELIVERABLES Exhibit 5: ATTACHMENT B PROJECTED PLAN SHEETS 1 – Cover Sheet 2 – General Notes and Sheet Index 3 & 4 – Project Control Allred and John Paine Road 24/30-Inch Waterline and Redundant Railroad Crossing Sheets: 5 – Shutdown and Sequencing 6 & 7 – Existing Water Line Layout 8 & 9 – Proposed Water Line Layout 10 thru 27 – Allred & John Paine Waterline Plan and Profile 28 – Redundant Railroad Crossing Waterline Plan and Profile 29 thru 32 – City Standard Details 33 & 34 – Custom Connection Details 35 thru 37 – Erosion Control Plan and Details 39 thru 44 – Cathodic Protection Sheets 45 thru 49 – Traffic Control Plans Southwest Pump Station Flow Control Valve Sheets: 50 – Site Plan 51 – Yard Piping Plan and Profile 52 – Mechanical Plan 53 – Shutdown and Sequencing 54 – City Standard Details 55 – Custom Connection Details 56 thru 65 – Electrical and Instrumentation Sheets Page 52 of 70 Exhibit B DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Allred to John Paine Transmission Line Scope of Services and Deliverables Connect to Allred 24" Redundant 24" Railroad Crossin Old John Payne IH 35 W John Paine Connection to be Southwest Pump made within Station Flow Southwest Pump Control Valve Station March 8, 2017 0 Override 1Warranty LineDenton / UTRWD Water LineParcels 00 Effluent water line Construction LineRaw Water line Water Line Private Water LineWastewater Basins Page 53 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 COMPENSATION Total compensation for the Design Professional contemplated under the terms of this agreementshall be a total not-to-exceed $504,500 for all services including reimbursable expenses. The Owner shall compensate the Design Professional as follows: BASIC SERVICES For Basic Services items A-G the total compensation shall be a lump sum amount of$313,900 For Basic Services items H-N the total compensation shall be on a reimbursable (hourly) basis and not to exceed$190,600 Progress payments for Basic Services shall be paid monthly based on the actual work satisfactorily completed per month in each phase as a percentage of the overall compensation for that phase, with the following amounts of the total compensation for the Basic Services for each phase of the Project: A) Schematic Design Phase$ 70,900 B) Preliminary Design Phase$122,800 C) Final Design Phase$ 62,800 D) Construction Documents Phase$ 9,600 E) Bidding Phase $ 17,200 F) Record Drawings $ 8,700 G) Construction Phase$ 21,900 Subtotal A-G (Lump Sum)$313,900 H) Design Survey$ 58,700 I) Geotechnical$ 16,600 J) Subsurface Utility Engineering$ 24,900 K) Cathodic Protection$ 64,500 L) Easement Instrument Preparation$ 17,300 M) Easement Acquisition$ N/A N) Permitting$ 8,600 Subtotal H-N (Reimbursable)$190,600 Grand Total$504,500 ADDITIONAL SERVICES Compensation for Additional Services shall be based on actual services authorized and performed with lump sum or maximum not to exceed subtotals depending on the service provided. The schedule for the hourly rates is attached as part of this exhibit. Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services, geotechnical services, right-of-way services, etc. shall be based on a multiple of 1.1 times the amounts billed to the Design Professional for such additional services. Page 54 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 REIMBURSABLE EXPENSESReimbursable Expenses shall be a multiple of 1.1 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of$8,300.00 without the prior written approval of the Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees, FEMA review fees, 404 permit fees, and TDLR fees. SCHEDULEThe Design Professional will be authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the detailed design services in a total of approximately670 calendar days as shown at the end of this exhibit. Page 55 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 $11,30053,400$6,200$$70,900 $28,00079,800$15,000$$122,800 $10,10043,500$9,200$$62,800 Bid Specifications and $-9,600$-$$9,600 $-17,200$-$$17,200 $-8,700$-$$8,700 $4,40014,700$2,800$$21,900 $2,90052,400$3,400$$58,700 $-13,400$3,200$$16,600 $8,3008,300$8,300$$24,900 $-49,300$15,200$$64,500 $-13,500$3,800$$17,300 $--$-$$- $-3,700$4,900$$8,600 Total$367,500$65,000$72,000$504,500 Page 56 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit 7: Schedule of Rates Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional I$230 - $250 Senior Professional II$190 - $240 Professional$150 - $205 Analyst$120 - $165 Designer$170 - $180 Technical Support$65 - $160 Clerical/Administrative Support$70 - $125 Effective July 2016 Page 57 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Direct Expenses RateUnitsUnit DescriptionSub-Total Notes $500.000.00 Admin./PermitLS-$ Traffic Control$1,200.000.00Daily-$ Survey$1,750.000.33Daily577.50$ Sub-Total $577.50 QL "B","C&D"RateUnitsUnit DescriptionSub-total QL "B" by LF$1.400.00LF-$ QL "B" Daily$2,500.000.33Daily825.00$ QL "C&D"$0.350.00LF-$ Sub-Total $825.00 SUE QL "A" (Test Holes) In Pavement UsingAssumedOutsideAssumed Depth Coring MachineQuantityPavementQuantity 0-4 ft.1,150.00$0950.00$0-$ 4-8 ft.1,450.00$01,250.00$0-$ 8-12 ft.1,750.00$01,550.00$0-$ $- 12-18 ft.2,500.00$02,300.00$0 QL "A" Daily3,300.00$1.50Daily4,950.00$ QL "A" Sub-Total1.50$4,950.00 Total Estimated Cost =$6,352.50 Notes: Page 58 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Direct Expenses RateUnitsUnit DescriptionSub-Total Notes $500.000.00 Admin./PermitLS-$ Traffic Control$1,200.000.00Daily-$ Survey$1,750.000.33Daily577.50$ Sub-Total $577.50 QL "B","C&D"RateUnitsUnit DescriptionSub-total QL "B" by LF$1.400.00LF-$ QL "B" Daily$2,500.000.33Daily825.00$ QL "C&D"$0.350.00LF-$ Sub-Total $825.00 SUE QL "A" (Test Holes) In Pavement UsingAssumedOutsideAssumed Depth Coring MachineQuantityPavementQuantity 0-4 ft.1,150.00$0950.00$0-$ 4-8 ft.1,450.00$01,250.00$0-$ 8-12 ft.1,750.00$01,550.00$0-$ $- 12-18 ft.2,500.00$02,300.00$0 QL "A" Daily3,300.00$1.50Daily4,950.00$ QL "A" Sub-Total1.50$4,950.00 Total Estimated Cost =$6,352.50 Notes: Page 59 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Direct Expenses RateUnitsUnit DescriptionSub-Total Notes $500.000.00 Admin./PermitLS-$ Traffic Control$1,200.000.00Daily-$ Survey$1,750.000.33Daily577.50$ Sub-Total $577.50 QL "B","C&D"RateUnitsUnit DescriptionSub-total QL "B" by LF$1.400.00LF-$ QL "B" Daily$2,500.000.33Daily825.00$ QL "C&D"$0.350.00LF-$ Sub-Total $825.00 SUE QL "A" (Test Holes) In Pavement UsingAssumedOutsideAssumed Depth Coring MachineQuantityPavementQuantity 0-4 ft.1,150.00$0950.00$0-$ 4-8 ft.1,450.00$01,250.00$0-$ 8-12 ft.1,750.00$01,550.00$0-$ $- 12-18 ft.2,500.00$02,300.00$0 QL "A" Daily3,300.00$1.50Daily4,950.00$ QL "A" Sub-Total1.50$4,950.00 Total Estimated Cost =$6,352.50 Notes: Page 60 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit 7: Schedule of Rates Schrader Engineering, Inc. (Hourly Rate) Design Engineer Level I$130 Design Engineer Level II$150 Design Engineer Level III$170 Project Engineer Level I$200 Project Engineer Level II$225 Project Manager$250 Principal$275 CAD Technician Level I$100 CAD Technician Level II$115 CAD Technician Level III$135 Designer Level I$148 Designer Level II$162 Designer Level III$175 Technology Systems Specialist$200 SCADA Systems Specialist$150 Administrative Assistant$100 Clerical/Word Processing$80 Page 61 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit C - Fee Breakdown Exhibit 7: Schedule of Rates V&A Consulting Engineers (Hourly Rate) Prinicipal-in-Charge$297 Sr. Project Manager$259 Project Manager$232 Associate Engineer$173 CADD Designer$141 Engineering Assistant$130 Sr. Technician$124 Project Admin/Clerical$86 Page 62 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit C - Fee Breakdown 7636 Pebble Drive Fort Worth, Texas 76118 CMJ ENGINEERING, INC. Tel: (817) 284-9400 Fax: (817) 589-9993 FEE Earthwork Slake Sieve Analysis (TEX 101/110E)179.50$ each pH Lime Series (Eades and Grim Method)294.00$ each Lab Molded Soil-Cement Strength Specimen (Min. 3/set)63.50$ each Moisture/Density Relations Soil-Cement (ASTM D558)233.50$ hour Moisture/Density Relations (ASTM D1557)217.50$ each Moisture/Density Relations (ASTM D698)158.00$ each Oversize Rock Correction (ASTM D4718)117.00$ each Liquid & Plastic Limit (ASTM D4318-B)52.50$ each Laboratory Aggregate Sieve Analysis (ASTM C117, C136, D1140)60.50$ each In-Place Moisture/Density Tests (Sand Cone Method Min 4/trip)71.00$ each Earthwork Observation and Testing Including all In-Place Moisture/Density65.00$ hour Testing by ASTM D6938 (Min. 4 hours/trip) Project Management85.50$ hour Vehicle Trip Charge36.00$ trip Concrete Test Cylinders (ASTM C31/39)18.00$ each Engineering Technician (Min. 4 hours/trip)56.00$ hour Project Management85.50$ hour Senior Engineering Technician75.00$ hour Senior Geotechnical Engineer130.50$ hour Cylinder Pick Up $ each132.00 Vehicle Trip Charge 36.00$ trip Extraction/Gradation (TEX 236F)217.50$ each Lab or Core Density (TEX 207F - 3/set)49.00$ each Lab Molding and Hveem Stability (TEX 206F/208F - 3/set)272.00$ set Maximum Theoretical Specific Gravity (TEX 227F)154.00$ each In-Place Density by Nuclear Method (TEX 207F/III - Min. 4 hours/trip)65.00$ hour Project Management85.50$ hour Vehicle Trip Charge 36.00$ trip Page 63 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit C - Fee Breakdown 7636 Pebble Drive Fort Worth, Texas 76118 CMJ ENGINEERING, INC. Tel: (817) 284-9400 Fax: (817) 589-9993 FEE Concrete Test Cylinders (ASTM C31/39)18.00$ each Concrete Test Beams (ASTM C31/78 - Min. 2/set)44.00$ each Concrete Test Beams (ASTM C78 - Delivered to Lab)30.00$ each Saw Facing$ each14.00 Compressive Strength of Concrete Cores49.00$ each Engineering Technician (Min. 3 hours/trip)44.50$ hour Reinforcing Steel Observation without Testing (Min. 3 hours/trip)56.00$ hour Post-Tension Pre-Pour Placement Observation (Min. 4 hours/trip)75.00$ hour Post-Tension Stressing Observation (Min. 4 hours/trip)75.00$ hour R-Meter Testing (Min. 4 hours/trip)76.50$ hour Project Management85.50$ hour Senior Geotechnical Engineer130.50$ hour Cylinder Pick Up $ each132.00 Vehicle Trip Charge 36.00$ trip Masonry Grout Prisms (ASTM C1019 - 4/set)28.50$ each Masonry Mortar Cubes (ASTM C109/C270 - 3/set)28.50$ each Engineering Technician for Masonry Construction65.00$ hour Observation (Min. 4 hours/trip) Masonry Specimen Pick Up 132.00$ each Vehicle Trip Charge36.00$ trip Structural Steel Observation by CWI (Min. 4 hours/trip)74.00$ hour Ultrasonic Testing of Welds by ASNT/NDT (Min. 4 hours/trip)95.00$ hour Project Management85.50$ hour Vehicle Trip Charge36.00$ trip Fireproofing Thickness/Density (ASTM E 605 - Min. 3/trip)60.50$ each Fireproofing Adhesion/Cohesion (ASTM E736 - Min. 3/trip)82.00$ each Engineering Technician for Thickness Observation and Fireproofing65.00$ hour Testing (Min. 4 hours/trip) Vehicle Trip Charge 36.00$ trip Page 64 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit C - Fee Breakdown 7636 Pebble Drive Fort Worth, Texas 76118 CMJ ENGINEERING, INC. Tel: (817) 284-9400 Fax: (817) 589-9993 FEE Engineering Technician for Roofing Observation (Min. 4 hours/trip)71.50$ hour Vehicle Trip Charge 36.00$ trip Senior Geotechnical Engineer130.50$ hour Construction Materials Testing Manager120.50$ hour Project Manager$ hour85.50 Senior Engineering Technician75.00$ hour Clerical Staff$ hour60.50 Floor Flatness Testing ASTM E1155 - ($0.0446/sf , Min 20,000sf)910.50$ min. Vehicle Trip Charge36.00$ trip 1.ProjectManagementfeeswillbechargedasfollows:2hoursforinitialprojectsetupforprojectsutilizingpiered/footingfoundations,1hour forprojectswithoutpiered/footingfoundationsoraverysmallproject,foundationreconciliationat3minutesperpier,compliancereviewand statementofsameat3minutesperreportwitha1hourminimumand79Greviewandletterat5minutesperlot,ifCMJisinformedatthe startofthisprojectofthisneed.Allotherservicesthatwouldberequestedofaprojectmanagerwillbechargedattheabovelistedhourly rates.ShouldtheclientchoosenottosignCMJ'sagreementandinsteadrequestCMJtosigntheclient'scontract,anytimespent reviewing/revisingclient'scontractwillbebilledattheabovelistedprojectmanagementhourlyrate.Allotherrequestedprojectmanagement services will be billed on the actual time spent. 2.Overtimeratesof1.5timestheregularratewillbechargedforhoursworkedorservicesperformedoverten(10)hoursperdayorbefore 7:00a.m.and/orafter5:00p.m.MondaythruFriday.AlllabandfieldservicesperformedonSaturday,willbebilledat1.5timestheregular rate and will be billed at 2.0 times the regular rate for Sundays and recognized holidays. 3.AlllaboratorytestfeesareF.O.B.ourlaboratory.Engineeringtechnicianminimumsandvehicletripchargeswillapplytoalltripstothejob- site including sample pickups and specimen pickups. 4.Aminimumamountoftechniciantimeandavehicletripchargewillbebilledforeachcallout,samplepickuporspecimenpickupunless noted otherwise. Technician time is charged portal-to-portal from our Fort Worth office. 5. 4"X8" concrete compression test specimens will be used unless instructed otherwise. 6. Structural steel observation at fabrication shop fees based on facilities located in the Dallas-Fort Worth metroplex area. 7. Additional tests not specified in this fee schedule will be quoted upon request, or based on our current fee schedule. 8. Vehicle trip charge in excess of 25 miles from CMJ's office will be based on $0.655/mile, portal-to-portal our office. 9. Specimen collection fees as stated are either project specific or for Tarrant County only. 10.CMJwillnotsuperviseordirectworkthatisperformedbythecontractororsubcontractorsandisnotresponsiblefortheirmeansand methods utilized or the resultant outcome of their efforts. Page 65 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit C - Fee Breakdown F Truck-mounted drill unit, (including water truck-if needed), to and from site: Dallas and Tarrant Counties - $ 450.00/ea. Normal shelby tube samples in cohesive soils: Intermittent 3-inch diameter with CFA: 0-25 feet $ 13.00/ft. 25-50 feet $ 14.00/ft. 50-75 feet $ 15.00/ft. 75-100 feet @ 10-foot sampling intervals $ 16.00/ft. Normal shelby tube samples in cohesive soils: Intermittent 3-inch diameter with HSA: 0-25 feet $ 17.00/ft. 25-50 feet $ 18.00/ft. 50-75 feet $ 20.00/ft. 75-100 feet @ 10-foot sampling intervals $ 21.00/ft. Soil drilling without sampling: 0-100 feet $ 8.50/ft. THD cone penetrometer or SPT 0-50 feet $ 20.00/ea. 50-100 feet $ 22.00/ea. Continuous rock coring: 0-25 feet $ 23.00/ft. 25-50 feet $ 25.00/ft. 50-75 feet $ 27.00/ft. 75-100 feet $ 29.00/ft. Casing of boring through overburden, $ 7.00/ft. Standby Time $210.00/hr. Coring Existing Pavement $110.00/ea. Patch Existing Cored Pavement $35.00/ea. Mobilization of Coring Equipment $175.00/ea. Interior Borings $ 55.00/ft Minimum job charge for daily drilling $ 700.00 F Liquid and plastic limits $ 52.50 Liquid and plastic limits with additive $ 57.00 Particle size analysis, including hydrometer and sieve $ 260.00 Hydrometer analysis $ 150.00 Sieve analysis $ 100.00 Percent passing No. 200 sieve $ 42.00 Page 66 of 70 CMJ E NGINEERING, I NC. Effective 2017 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit C - Fee Breakdown pH test: $ 25.00 Lime series, 5 points (liquid and plastic limits) $ 260.00 Lime series, 5 points (Eades & Grim method): $ 294.00 Resistivity $ 60.00 Visual classification and moisture content $ 6.75 Density and moisture content $ 19.25 Unconfined compression-maximum stress, soil $ 44.00 Unconfined compression-maximum stress, rock $ 55.00 Triaxial, Consolidated Undrained,with pore pressure, 3 pts minimum $1,150.00 Consolidation, without time readings $ 500.00 Consolidation, with time readings and plots $ 700.00 Swell test, free swell $ 73.50 Swell test, pressure/swell curve $ 150.00 Senior Principal Engineer $ 128.00/hour Principal Engineer, geologist, or environmental specialist $ 95.00/hour Senior Engineer, geologist $ 88.00/hour Project Engineer, geologist $ 80.00/hour Staff Engineer, geologist $ 65.00/hour Drafting $ 45.00/hour Word processing $ 42.00/hour Litigation assistance will be billed at 1.5 times the above rates unless stated otherwise in the Agreement for Services. E A. General Expenses – General Expenses and materials will be billed at cost plus 15 percent. B. Subcontractor Expenses – Subcontractor Expenses (where applicable) will be billed at cost plus 15 percent. Page 67 of 70 CMJ E NGINEERING, I NC. Effective 2017 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit C - Fee Breakdown Page 68 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 EXHIBIT C - SCHEDULE Exhibit 6 - Project Schedule IDTask NameDurationStartFinish , '17Jul 30, '17Sep 24, '17Nov 19, WSTMFTS 1 Notice to Proceed1 dayTue 8/1/17Tue 8/1/17 2 Schematic Design (30%30 daysWed 8/2/17Tue 9/12/17 3 City Review5 daysWed 9/13/17Tue 9/19/17 4 Preliminary Design60 daysWed 9/20/17Tue 12/12/17 (60%) 5 City Review10 daysWed 12/13/17Tue 12/26/17 6 Final Design (90%)40 daysWed 12/27/17Tue 2/20/18 7 City Review10 daysWed 2/21/18Tue 3/6/18 8 Construction5 daysWed 3/7/18Tue 3/13/18 Documents 9 Bidding Phase30 daysWed 3/14/18Tue 4/24/18 10 Construction Phase240 daysWed 4/25/18Tue 3/26/19 11 Record Drawings and48 daysWed 3/27/19Fri 5/31/19 Project Closeout Page 1 Page 69 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit 6 - Project Schedule EXHIBIT C - SCHEDULE r 11, '18May 6, '18Jul 1, '18Aug 26, '18Oct 21, '18Dec 16, '18Feb 10, '19Apr 7, FTSWSTMFTSWSTMFT Page 2 Page 70 of 70 DocuSign Envelope ID: ED6E5D8C-680E-4054-B6B2-1B1CAA0BDE87 Exhibit . 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. th (The law requires that you file an updated completed questionnaire with the appropriate filingauthority not later than the 7business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 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 5 Signature of vendor doing business with the governmental entityDate etion Envelope Id: ED6E5D8C680E4054B6B21B1CAA0BDE87Status: Sent Subject: Please DocuSign: City Council Contract 6478 Source Envelope: Document Pages: 72Signatures: 2Envelope Originator: Supplemental Document Pages: 0Initials: 0Jody Word Certificate Pages: 6 AutoNav: EnabledPayments: 0jody.word@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Status: OriginalHolder: Jody WordLocation: DocuSign 6/15/2017 2:13:48 PM jody.word@cityofdenton.com Jody WordSent: 6/15/2017 2:18:44 PM eted jody.word@cityofdenton.comViewed: 6/15/2017 2:19:03 PM BuyerSigned: 6/15/2017 2:21:02 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Glen A. Gary, P.E.Sent: 6/15/2017 2:21:03 PM glenn.gary@kimley-horn.comResent: 6/16/2017 11:27:17 AM Security Level: Email, Account Authentication Resent: 6/20/2017 7:31:42 AM (Optional) Viewed: 6/15/2017 2:58:11 PM Using IP Address: 64.251.230.39 Signed: 6/20/2017 12:51:56 PM Accepted: 6/15/2017 2:58:11 PM ID: 9b0114bc-26cf-4019-a05a-7436d8c3cd0b Jennifer DeCurtisSent: 6/20/2017 12:52:02 PM jennifer.decurtis@cityofdenton.comResent: 6/20/2017 12:54:49 PM Deputy City AttorneyResent: 6/20/2017 12:56:27 PM City of Denton Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Julia Winkley julia.winkley@cityofdenton.com Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Accepted: 2/8/2017 4:52:51 PM ID: 8154723a-9757-4d53-a4b5-794656233671 Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Sherri ThurmanSent: 6/20/2017 12:51:59 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Julia WinkleySent: 6/20/2017 12:52:00 PM julia.winkley@cityofdenton.comViewed: 6/20/2017 1:18:03 PM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Accepted: 10/9/2015 11:39:51 AM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Lee Perry Lee.Perry@cityofdenton.com Security Level: Email, Account Authentication (Optional) Not Offered via DocuSign Envelope SentHashed/Encrypted6/20/2017 12:56:27 PM 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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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-806,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteaprofessionalservicesagreement fordesignandengineeringservicesrelatingtotheextensionofapproximately1,900linearfeetof20-inchwater lineand900linearfeetof16-inchwaterlinefromtheeastsideofIH35tothewestsideofIH35alongUSHwy 380andtheextensionofapproximately370linearfeetof20-inchmainfromtheintersectionofScripture StreetandIH35fromtheeastsidetothewestsideofIH35;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(File6479-awardedtoBirkhoff,Hendricks&Carter,LLPinanamountnot-to- exceed $229,492). The Public Utilities Board recommends approval (7-0). City of DentonPage 1 of 1Printed on 6/23/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Mario Canizares DATE: June 27, 2017 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the extension of approximately 1,900 linear feet of 20-inch water line and 900 linear feet of 16-inch water line from the east side of IH35 to the west side of IH35 along US Hwy 380 and the extension of approximately 370 linear feet of 20-inch main from the intersection of Scripture Street and IH35 from the east side to the west side of IH35; providing for the expenditure of funds therefor; and providing an effective date (File 6479awarded to Birkhoff, Hendricks & Carter, LLP in an amount not-to-exceed $229,492). BACKGROUND The Hwy 380 to IH 35 Transmission Line project will extend approximately 1,900 linear feet of 20-inch water line and 900 linear feet of 16-inch water line from the east side of IH 35 to the west side of IH 35 along US 380. The 16-inch line will tie-into an existing 12-inch main along the Southbound Frontage Road. The 20-inch line will extend along US 380 and connect to the existing 20-inch just east of the rail road (see Exhibit 2). The Scripture to IH 35 Transmission Line will extend approximately 370 linear feet of 20 inch main from the existing 20-inch at the intersection of Scripture and IH 35 from the east side to the west side of IH 35 and tie into the existing 8-inch main (see Exhibit 3). Both projects are slated for construction in the Capital Improvement Program (CIP) for Fiscal Year 2018 and are important for reliable and adequate water service to the western portion of the City in response to projected growth in the area. FILE INFORMATION The proposed engineering fee for this project is $229,492 and includes amounts for Basic Services of $134,614 and Additional Services of $94,878. The Basic Services consist of creation of construction plans for the water line improvements along with bid and construction phase support. The Additional Services include performance of the design survey, creation of easement documents, subsurface utility engineering services, geotechnical services, and cathodic protection design. The preliminary opinion of probable construction cost for these projects is approximately $1,430,000 combined. These numbers will be verified as the design project progresses. The following percentages are based on the total engineering fee of $229,492 for the project. Basic Services represent approximately 9.5% of the projected construction cost, and Additional Services plus Reimbursable Expenses represent approximately 6.6% of the projected construction cost. The project includes standard services typically performed as part of most design projects and non-standard services not typically performed for most projects. For this project, the standard services include preliminary design, final design, design survey, utility coordination, bid and construction phase support, and direct expenses. These tasks total $122,651 which is 8.6% of the estimated construction cost. For this project, the non-standard services include the schematic design, boundary and construction survey services, easement documents, subsurface utility engineering services, geotechnical services, and cathodic protection design. These tasks total $106,841 or 7.5% of the estimated construction cost. Birkhoff, Hendricks & Carter, LLP has been selected for the detailed design of this project on the basis of demonstrated qualifications in water system design projects. Birkhoff, Hendricks & Carter has worked closely with staff to scope and execute other similar projects. They have performed well in the execution of professional engineering services for the City of Denton, delivering projects in a professional and efficient manner. Their qualifications to perform these services have been clearly demonstrated to the satisfaction of staff within the organization. In accordance with Texas Local Government Code 252.022, the procurement of professional services is exempt from the requirement of competition based selection. Accordingly, the Capital Projects department requested a proposal directly from Birkhoff, Hendricks & Carter, LLP and this direct solicitation to a single provider based on demonstrated and known qualifications is consistent with State law for the procurement of professional services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 12, 2017, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Birkhoff, Hendricks & Carter, LLP in the amount of $229,492 for Engineering Services associated with the Hwy 380 to IH 35 and Scripture to IH 35 Transmission Line projects. The amount of the contract is consistent with the level of effort required for a project of this nature. PRINCIPAL PLACE OF BUSINESS Birkhoff, Hendricks & Carter, LLP Dallas, Texas ESTIMATED SCHEDULE OF PROJECT The consultant is prepared to begin the services associated with this Agreement upon Council approval with the goal of completing design in early 2018 to facilitate construction to begin Spring 2018 (pending easement acquisitions). FISCAL INFORMATION Water Utilities project numbers 630356523.1360.21100 (Hwy 380 to IH 35) and 630356526.1360.21100 (Scripture to IH 35) will be utilized for this project. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 5.1 Manage Denton's water resources EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Hwy 380 to IH 35 Project Map Exhibit 3: Scripture to IH 35 Project Map Exhibit 4: Public Utilities Board Minutes Exhibit 5: Ordinance Exhibit 6: Professional Services Agreement Respectfully submitted: Galen Gillum, 349-7656 Director of Capital Projects For information concerning this acquisition, contact: Lee Perry, P.E. at 349-8938. Hwy 380 to I35 16" Transmission Lines Hwy 380 to I35 20" Transmission Lines City of Denton CIP 2016-2020 Scripture to I35 20" Transmission Lines City of Denton CIP 2016-2020 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 Monday, June 12, 2017 9:00a.m. City Council Work Session Room 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, June12, 2017 at 9:00a.m. in the Council Work Session Room at City Hall, 215 E. 8 McKinney Street, Denton, Texas. 9 10 Present: Chair Randy Robinson, Vice Chair Susan Parker, Barbara Russell, Charles 11 Jackson, Brendan Carroll, Allen Bishop and Lilia Bynum 12 13 Ex Officio 14 Members: Todd Hileman, CM and Mario Canizares, ACM 15 16 OPEN MEETING 17 18 CONSENT AGENDA 19 20 D. PUB17-123 Consider recommending approval of a Professional Services Agreement for 21 Architect or Engineer between the City of Denton and Birkhoff, Hendricks & Carter, L.L.P. 22 in the amount of $229,492.00 for Engineering Services associated with the Hwy 380 to IH 35 23 and Scripture to IH 35 Water Transmission Line projects (Contract #6479). 24 25 Board Member Parker motioned to approve item PUB17-123. There was a second by 26 Board Member Bynum. Vote 7-0 approved. 27 28 29 Adjournment 11:25 a.m. PROFESSIONAL SERVICES AGREEMENT FORCONSULTING SERVICES CONTRACT 6479 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT (the “Agreement”) is made and entered into on ________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and Birkhoff, Hendricks & Carter, LLP, with its corporate office at 11910 Greenville Ave., Suite 600, Dallas County, Dallas, Texas 75243, hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I CONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant to Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on a nonexclusive basis in the course of its business. This Agreement does not in any way constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, a licensed Texas engineer, as an independent contractor. The Design Professional hereby agrees to perform the services in conjunction with the following projects as described in Exhibit A, which is attached hereto and incorporated herein (the “Project”). A. State Highway 380 to IH 35 Transmission Line B. Scripture Road to IH 35 Transmission Line, Page 1 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ARTICLE II SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: A.The CONSULTANT shall perform all those services as necessary and as described in the OWNER’sContract 6479 – Engineering Services for Hwy 380 to IH 35 Transmission Line and Scripture Road to IH 35 Transmission Line, which is attached hereto and made a part hereof as Exhibit A and Exhibit B as if written word for word herein. B.To perform all those services set forth in CONSULTANT’s proposal, which proposal is attached hereto and made a part hereof as Exhibit A and Exhibit B as if written word for word herein. C.CONSULTANT shall perform all those services set forth in individual task orders, as described in Exhibit A and Exhibit B, which shall be attached to this Agreement and made a part hereof. D.If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, may be negotiated as needed, per rates included in Exhibit B. A.Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B.Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. C.Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). D.Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. E.Visits to the site in excess of the number of trips included in Exhibit B and Exhibit C. F.Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. Page 2 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ARTICLE IV TIME OF COMPLETION CONSULTANTis authorized to commence work under this contract upon execution of this AGREEMENT. CONSULTANT will provide services from the date of execution and shall automatically expire upon completion of the work or receipt of the materials, and acceptance by the City of Denton. ARTICLE V COMPENSATION A.COMPENSATION TERMS: 1.“Subcontract Expense” is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to this agreement. 2.“Direct Non-Labor Expense” is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B.BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit “C” which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $229,492. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III “Additional Services,” without obtaining prior written authorization from the OWNER. C.ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit “C.” Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. Page 3 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 D.PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed statement thereof, the amounts due the CONSULTANT will be paid interest in accordance with the Texas Government Code 2251.025. Additionally, the CONSULTANT may, after giving seven (7) days’ written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the OWNER to pay the late charge if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide dispute concerning the amount due, or the invoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of receipt of the invoice. E.Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. Page 4 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ARTICLE VIII INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTALTO, RELATEDTO, AND IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A.Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B.Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C.Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $100,000 for each accident. D.Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E.The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER’s request to evidence such coverages. The General Liability and Auto Liability insurance policies shall name the OWNER as an additional insured. CONSULTANT shall endeavor to provide OWNER with any cancellation or modification to its insurance policies. Page 5 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ARTICLE X ALTERNATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute tomediation with each party bearing its own costs of mediation. No mediation arising out of or relating to this Agreement, involving one party’s disagreement may include the other party to the disagreement without the other’s approval. Mediation will not be a condition precedent to suit. ARTICLE XI TERMINATION OF AGREEMENT A.Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days’ advance written notice to the other party. B.This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than fifteen(15) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C.If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V “Compensation.” Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. Page 6 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing: To CONSULTANT: To OWNER: Birkhoff, Hendricks & Carter, LLPCity of Denton Gary C. Hendricks, P.E., R.P.L.S.Purchasing Manager–Contract6479 11910 Greenville Ave., Suite 600901B TexasStreet Dallas, TX 75243Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE XIV ENTIRE AGREEMENT This Agreement and related exhibits constitute the complete and final expression of this Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read or hereinafter be amended. ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap. Page 7 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ARTICLE XVIII PERSONNEL A.The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B.All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX ASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A.The following exhibits are attached to and made a part of this Agreement: Exhibit A –Contract 6479: A. State Highway 380 to IH 35 Transmission Line B. Scripture Road to IH 35 Transmission Line, Exhibit B –Consultant’s Scope of Services Offer Exhibit C –Consultant’s Compensation Rate Sheet, Attachment CO B.The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and Page 8 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. C.This Agreement shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the party seeking relief shall submit such dispute to the District Courts of Denton County or if federal diversity or subject matter jurisdiction exists, to the United States District Court for the Eastern District of Texas-Sherman Division. D.For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Gary C. Hendricks, P.E, R.P.L.S. However, nothing herein shall limit CONSULTANT from using other equally qualified and competent members of its firm to perform the services required herein. E.CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F.The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G.The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Page 9 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ARTICLE XXII CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original notarized Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1.Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2.Register utilizing the tutorial provided by the State 3.Print a copy of the completed Form 1295 4.Enter the Certificate Number on signature page. 5.Sign and notarize the Form 1295 6.Email the notarized form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 –Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. Page 10 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this date______________________. CITY OF DENTON, TEXAS __________________________________ TODD HILEMAN, CITY MANAGER JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: __________________________________ BIRKHOFF, HENDRICKS & CARTER, LLP A Texas limited Liability Partnership Texas Board of Professional Engineers Firm No. 526 Texas Board of Professional Land Surveyors Firm No. 100318 “CONSULTANT” __________________________________ BY: Gary C. Hendricks, P.E., R.P.L.S. ITS: Alternate Managing Partner ___________2017-21354 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER Page 11 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the “Agreement”) andproposal (the “Proposal”) to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the “Design Professional”) or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the “Services”). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the “Degree of Care”). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional’s Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. Page 12 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional’s observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require Page 13 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: Page 14 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 1.inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 2.due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. Page 15 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 3.4.17Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.4.18. ARTICLE 4 OWNER’S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner’s objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Page 16 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner’s use of such documents in other projects shall be at Owner’s sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional’s receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. Page 17 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspec- tion and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers’ Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days’ prior written notice to Owner and Design Professional. In such event, the Design Page 18 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they cannot be reasonably harmonized, such documents shall be given priority in the following order? 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional’s promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information con- sidered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and sub consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 19 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or Page 20 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled before the expiration date. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: \[X\]A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Page 21 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. \[X\] Workers’ Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). \[ \] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Page 22 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 \[X\] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. \[ \] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. \[ \] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Page 23 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 ATTACHMENT 1 \[X\] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A.Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B.The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C.The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D.If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E.The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1)a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Page 24 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 2)no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F.The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G.The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H.The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I.The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1)provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2)provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3)provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4)obtain from each other person with whom it contracts, and provide to the contractor: a)certificate of coverage, prior to the other person beginning work on the project; and b)a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Page 25 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 6)notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7)Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J.By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K.The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 26 of 51 Contract 6479 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 EXHIBIT A Page 27 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 EXHIBIT A Page 28 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 EXHIBIT A Page 29 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 EXHIBIT A Page 30 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 EXHIBIT A Page 31 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 32 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 33 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 34 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 35 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 36 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 37 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 38 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 39 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 40 of 51 E-A50A-AC169A8DB772 Page 41 of 51 E-A50A-AC169A8DB772 Page 42 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 43 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 44 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 45 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 46 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 47 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 48 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 49 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 50 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Page 51 of 51 DocuSign Envelope ID: DB167E91-5A69-417E-A50A-AC169A8DB772 Exhibit 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. Name of vendor who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filingauthority not later than the 7business 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 entityDate Certificate Of Completion Envelope Id: DB167E915A69417EA50AAC169A8DB772Status: Sent Subject: Please DocuSign: City Council Contract 6479 Source Envelope: Document Pages: 53Signatures: 3Envelope Originator: Supplemental Document Pages: 0Initials: 0Jody Word Certificate Pages: 6 AutoNav: EnabledPayments: 0jody.word@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Jody WordLocation: DocuSign 6/15/2017 8:58:27 AM jody.word@cityofdenton.com Signer EventsSignatureTimestamp Jody WordSent: 6/15/2017 9:03:34 AM Completed jody.word@cityofdenton.comViewed: 6/15/2017 9:03:44 AM BuyerSigned: 6/15/2017 9:06:47 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gary C. Hendricks, P.E., R.P.L.S.Sent: 6/15/2017 9:06:51 AM ghendricks@bhcllp.comViewed: 6/15/2017 9:38:40 AM Security Level: Email, Account Authentication Signed: 6/15/2017 9:43:33 AM (Optional) Using IP Address: 97.123.186.30 Electronic Record and Signature Disclosure: Accepted: 6/15/2017 9:38:40 AM ID: da90e421-c52f-4ac9-8451-ac2c581a4677 Jennifer DeCurtisSent: 6/15/2017 9:43:39 AM jennifer.decurtis@cityofdenton.comViewed: 6/15/2017 10:24:06 AM Deputy City AttorneySigned: 6/15/2017 10:27:25 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 6/15/2017 10:27:28 AM julia.winkley@cityofdenton.comViewed: 6/15/2017 11:10:10 AM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Signer EventsSignatureTimestamp Accepted: 2/8/2017 4:52:51 PM ID: 8154723a-9757-4d53-a4b5-794656233671 Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 6/15/2017 9:43:37 AM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 6/15/2017 9:43:38 AM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lee Perry Lee.Perry@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Envelope SentHashed/Encrypted6/15/2017 10:27:28 AM 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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