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Form ROW-U-COA
(Rev. 08/25)
Page 1of 11
Standard Utility Agreement
SupplementalAgreementNo. 1toUNumberN/AUtilityID U00017637
District: DallasCounty: Denton
ROW Project ID: R00002955Highway: IH 35
ROW CSJ: 0195-02-079From: US 77
Construction CSJ: 0195-02-074To: Cooke County Line
Proposed Highway Project Letting Date: 1/1/2024
THIS SUPPLEMENTAL AGREEMENT by and between the State of Texas (”State”) and City of Denton
(“Utility”) shall be effective upon the date of acceptance and execution by and on behalf of the State.
WHEREAS, the State and Utility executed a Standard Utility Agreement on August 2,2023concerning the
adjustment, relocation,or removal of certain of the Utility’s facilities;
WHEREAS, said Standard Utility Agreement limits the required scope of work and/or the amount of eligible
reimbursement;
WHEREAS, due to newly discovered informationby the Utility deemed sufficient by the State, the State and
Utility agree that supplementation to the Standard Utility Agreement is necessary;and
WHEREAS, the statement of work contained in the Standard Utility Agreement shall be supplemented to include
the reason the supplemental is needed and the change in cost: costs for material under & over-runs, authorized
rd
party attorney feesfor the
change orders required for the successful completion, easement costto include 3
rd
party inspection services contract. Buy America Attachment A Items Items 99, not installedand
projectand the 3
removed via change order, 102, 103, 104 are HDPE items and have been removed from the Buy America
requirement. The incentive payment “Incentive” for timely completion of the Work shall be $2,000 per day limited
to {180} days. The Contractor will earn the Incentive for each Day that the Work is Complete prior to the Contract
Time of {300} Calendar Days taking into account any additional time extensions as documented in an approved
Change Order. The Completion Date will be the date determined by the City and as stated on the Letter of Final
Acceptance issued by the City.Contractor finished 90 days early, by percentage of contract value this agreement
is for 35 of the 90 days, which is more specifically shown in Utility’s plans, specifications,estimated costs,and
schedule,which are attached to this supplemental agreement as Attachment “A.”
NOW, THEREFORE, BE IT AGREED:
The statement of work contained in the Standard Utility Agreement is supplemented to include the additional
adjustment, relocation,or removal found in Attachment “A.”
The estimated cost of the adjustment, relocation,or removal is increasedor decreasedto a total of
$8,598,481.46, or no change to the Total Cost Estimate. The parties agree that the approval of estimated
costs in no way indicates the eligibility of said costs for reimbursement.
All conditions and agreementscontained inthe Standard Utility Agreement,except those specifically included in
this document,remain in effect.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
________________________________
InitialDateInitialDate
TxDOTUtility
Form ROW-U-COA (Rev. 08/25)
Page 2 of 11
UTILITY EXECUTION RECOMMENDED:
Utility: City of Denton
Director of TP&D (or designee), Dallas District
By: _______________________________________
Title: City Manger
THE STATE OF TEXAS
Executed and approved for the Texas Transportation
Date:
Commission for the purpose and effect of activating
and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by
the Texas Transportation Commission.
By:
District Engineer (or designee)
Date:
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 3 of 11
Attachment “A”
Plans, Specifications, and Estimated Costs
Not Applicable
All material items within the cost estimate that must meet Buy America or Steel and Iron
Preference Provision requirements must be indicated with an asterisk (*).
Currently, this project does not plan to use iron and steel subject to Buy America
requirements. In the event that Buy America regulated materials are used during the
construction of this project, compliance documentation will be provided.
There are non-domestic iron and steel materials in this project that fall under the De
Minimis equation. Calculations showing the total cost does not exceed one-tenth of one
percent (0.1 %) of the individual utility agreement amount or $2,500.00, whichever is
greater is required.
We understand the Buy America Compliance Requirements for iron and steel and will
supply the required documentation to TxDOT indicating compliance with this provision.
The following documents will be supplied prior to the installation of the materials:
1) Form 1818 -Material Statement
2) Material Test Reports or Certifications
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 4 of 11
Attachment “A” (Continued)
Plans, Specifications, and Estimated Costs
Not Applicable
All construction material and manufactured items within the cost estimate that must meet Build
America, Buy America (BABA) compliance must be indicated with a double asterisk ( ** ).
This is to acknowledge that the material(s) listed/marked in the cost estimate will be in
conformance with the governing specification(s) and that at least the final manufacturing
processes and the immediately preceding manufacturing stage for the manufactured and
construction material occurred in the United States of America. Alterations to this document by
any agency other than the Utility Company/Supplier will void the certification.
Per 2 CFR 184.3, manufactured products means:
(1) Articles, materials, or supplies that have been:
(i) Processed into a specific form and shape; or
(ii) Combined with other articles, materials, or supplies to create a product with
different properties than the individual articles, materials, or supplies.
(2) If an item is classified as an iron or steel product, a construction material, or a
section 70917(c) material under § 184.4(e) and the definitions set forth in this section,
then it is not a manufactured product. However, an article, material, or supply classified
as a manufactured product under § 184.4(e) and paragraph (1) of this definition may
include components that are construction materials, iron or steel products, or section
70917(c) materials.
Per 2 CFR 184.3 and 2 CFR 184.6, construction material includes:
Non-ferrous metals Fiber optic cable (including drop
cable)
Glass (including optic glass)
Plastic and polymer-based products
Optical fiber
(including polyvinylchloride, composite
Lumber
building materials, and polymers used
Engineered wood
in fiber optic cables)
Drywall
Authorized Utility Owner Representative:
Signature
Title
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
City of Denton
Construction: Mountain Cascade
(see attached)
Water
$6,345,888.00
Wastewater $310,740.00
Approved Change Orders: $3,999.00
Project Scheduling Incentive $70,000
$2,000 Per Day (Up to 180 Days) $2,000 x
35Days
City of Denton Staff Time (see attached) $284,862.86
City of Denton Staff 42% Labor Burden $119,642.40
Engineering Kimley-Horn and Associates $529,558.11
(see attached)
rd
Raba Kistner 3 Party Inspection $262,500.00
Replacement Easements (see attached) $645,513.30
rd
3Party Attorney Fees for Easements $25,777.79
Total $8,598,481.46
TXDOT STANDARD
Utility Adjustment for TxDOT Project
Comparative Estimate
SUAESTIMATE
ESTIMATE INCLUDING BETTERMENT
City of Denton RCSJ:0195-03-074
ACTUAL COST
IH-35 Utility Relocation US-380 to Milam ROW Project ID (TxC):N/A
SUPPLEMENTAL ESTIMATE
Utility ID#:U00017637
The cost estimate items must be sufficiently detailed to provide TxDOT with a reasonable basis for analysis. Items should include appropriate units and unit price for each
Percent of Difference6%
(See Utility Manual, Chapter 7). Applies to All "EA" or "LS" items.
Materials to be purchased by TxDOT - JOINT BID
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference
$ -$ -$ -
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$ -$ -$ -
SUBTOTAL$ -SUBTOTAL$ -$ -
Internally Supplied Materials - documented with Certified Ledger at Payment
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotal Difference
$ -$ -
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$ -$ -$ -
OVERHEAD (%)Enter % if applicable0.00%$ -0.00%$ -$ -
SUBTOTAL$ -SUBTOTAL$ -$ -
Externally Acquired Materials - documented with Invoices and/or Checks
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotal Difference
12" PVC Water Pressure Pipe
LF279$250.00$ 69,750.00LF279$250.00$ 69,750.00$ -
12" Gate Valve* 106
EA7$7,500.00$ 52,500.00EA7$7,500.00$ 52,500.00$ -
16" Gate Valve* 107
EA20$18,000.00$ 360,000.00EA20$18,000.00$ 360,000.00$ -
12" Water Main Connection with Shutdown
EA1$12,000.00$ 12,000.00EA1$12,000.00$ 12,000.00$ -
16" Water Main Connection with Shutdown
EA2$17,500.00$ 35,000.00EA2$17,500.00$ 35,000.00$ -
2" Water Air Release Valve and Vault* 110
EA7$20,000.00$ 140,000.00EA7$20,000.00$ 140,000.00$ -
Fire Hydrant Assembly* 111
EA5$9,700.00$ 48,500.00EA5$9,700.00$ 48,500.00$ -
Meter Vault and Appurtenances (to UTRWD)* 112
EA1$500,000.00$ 500,000.00EA1$500,000.00$ 500,000.00$ -
PRV Vault and Appurtenances* 113
EA1$220,000.00$ 220,000.00EA1$220,000.00$ 220,000.00$ -
20" HDPE Water Carrier Pipe
LF1142$150.00$ 171,300.00LF1142$150.00$ 171,300.00$ -
20" HDPE Pressure Pipe, Water
LF12433$266.00$ 3,307,178.00LF12433$266.00$ 3,307,178.00$ -
20" HDPE Pressure Pipe, Water, CLSM Backfill
LF210$500.00$ 105,000.00LF210$500.00$ 105,000.00$ -
Trench Safety
LF12922$1.00$ 12,922.00LF12922$1.00$ 12,922.00$ -
30" Casing by by Other Than Open Cut* 101
LF1142$700.00$ 799,400.00LF1142$700.00$ 799,400.00$ -
$ -$ -$ -
Authorized Change Orders
$ -$ -
(Item 101) 30" Casing by Other Than Open Cut* 101
LF$ -LF10$700.00$ 7,000.00$ 7,000.00
(Item 99) Cathodic Protection System
EA$ -EA-1$1.00$ (1.00)$ (1.00)
(Item 96) Flexible Paving Repair for Utility Trench
SY$ -SY-15$200.00$ (3,000.00)$ (3,000.00)
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$ -$ -$ -
SUBTOTAL$ 5,833,550.00SUBTOTAL$ 5,837,549.00$ 3,999.00
MATERIALS SUBTOTAL$ 5,833,550.00MATERIALS SUBTOTAL$ 5,837,549.00$ 3,999.00
*
Indicated items are being tracked for BUY AMERICA COMPLIANCE and will be documented using Form 1818 and all supporting
documentation prior to installation.
** Indicated items are declared construction materials and/or manufactured products for which the utility ensures DOMESTIC ORIGIN.
(BABA COMPLIANCE)
Indicated items are IRON or STEEL, but will not be tracked for BUY AMERICA COMPLIANCE due to falling under the
Sum of De
$0.00$0.00
X
DE MINIMUS of $2,500, or .1% of the project total cost, whichever is greater.Minimus Items
TxDOT contractor labor - JOINT BID
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference
$ -$ -$ -
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$ -$ -$ -
SUBTOTAL$ -SUBTOTAL$0.00$ -
Internal Labor Costs - documented with Certified Ledger at payment.
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotal Difference
$ -$ -$ -
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$ -$ -$ -
OVERHEAD (%)Enter % if applicable0.00%$ -0.00%$ -$ -
SUBTOTAL$ -SUBTOTAL$ -$ -
External Labor Costs - documented with Invoices and / or checks
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotal Difference
Grout Fill 16" Utility Line
LF221$40.00$ 8,840.00LF221$40.00$ 8,840.00$ -
Remove 6" Utility Line
LF50$44.00$ 2,200.00LF50$44.00$ 2,200.00$ -
Remove 8" Utility Line
LF188$25.00$ 4,700.00LF188$25.00$ 4,700.00$ -
Remove 12" Utility Line
LF919$27.00$ 24,813.00LF919$27.00$ 24,813.00$ -
Remove 16" Utility Line
LF14092$28.00$ 394,576.00LF14092$28.00$ 394,576.00$ -
Remove 6" Water Valve
EA2$700.00$ 1,400.00EA2$700.00$ 1,400.00$ -
Remove 8" Water Valve
EA1$700.00$ 700.00EA1$700.00$ 700.00$ -
Remove 12" Water Valve
EA1$700.00$ 700.00EA1$700.00$ 700.00$ -
Remove 16" Water Valve
EA5$700.00$ 3,500.00EA5$700.00$ 3,500.00$ -
Remove Water ARV
EA5$750.00$ 3,750.00EA5$750.00$ 3,750.00$ -
Remove Fire Hydrant
EA5$1,200.00$ 6,000.00EA5$1,200.00$ 6,000.00$ -
Remove Concrete Water Vault
EA3$1,500.00$ 4,500.00EA3$1,500.00$ 4,500.00$ -
Flexible Paving Repair for Utility Trench
SY15$200.00$ 3,000.00SY15$200.00$ 3,000.00$ -
Topsoil
CY798$10.00$ 7,980.00CY798$10.00$ 7,980.00$ -
Seeding
SY22839$2.00$ 45,678.00SY22839$2.00$ 45,678.00$ -
Cathodic Protection System
EA1$1.00$ 1.00EA1$1.00$ 1.00$ -
Grout Fill 4" Utility Line
LF361$15.00$ 5,415.00LF361$15.00$ 5,415.00$ -
Remove Sewer ARV Appurtenance
EA5$1,800.00$ 9,000.00EA5$1,800.00$ 9,000.00$ -
Remove 4" Utility Line
LF11853$25.00$ 296,325.00LF11853$25.00$ 296,325.00$ -
$ -$ -$ -
Incentive
DAY$ -DAY35$2,000.00$ 70,000.00$ 70,000.00
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$ -$ -$ -
SUBTOTAL$ 823,078.00SUBTOTAL$ 893,078.00$ 70,000.00
LABOR SUBTOTAL$ 823,078.00$ 893,078.00$ 70,000.00
Engineering Procured by TxDOT - 100% eligibiity required
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference
$ -$ -$ -
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$ -$ -$ -
SUBTOTAL$ -SUBTOTAL$ -$ -
Internal Engineering - Costs Documented with Certified Ledger at payment.
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference
PM Time
HR1290$73.59$ 94,931.06HR1290$73.59$ 94,931.06$ -
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$ -$ -
SUBTOTAL$ 94,931.06SUBTOTAL$ 94,931.06$ -
Internal Survey / Landman
Engineer Time
HR1180$65.31$ 77,065.80HR1180$65.31$ 77,065.80$ -
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$ - $ - $ -
SUBTOTAL$ 77,065.80SUBTOTAL$ 77,065.80 $ -
Internal Inspection
Inspector Time
HR1300$41.70$ 54,210.00HR1300$41.70$ 54,210.00 $ -
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$ - $ - $ -
SUBTOTAL$ 54,210.00SUBTOTAL$ 54,210.00 $ -
Internal Administration
Administration Staff Time
HR520$56.40$ 29,328.00HR520$56.40$ 29,328.00 $ -
Real Estate Specialist
HR520$56.40$ 29,328.00HR520$56.40$ 29,328.00
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$ - $ - $ -
SUBTOTAL$ 58,656.00SUBTOTAL$ 58,656.00 $ -
Internal Engineering/ Survey/ Inspection/ Administration Overhead
OVERHEAD (%)Enter % if applicable0.00%$ - 42.00%$ 119,642.40 $ 119,642.40
SUBTOTAL$ 284,862.86$ 404,505.26 $ 119,642.40
External Engineering - Cost documented with INVOICES and / or CHECKS
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference
Kimley-Horn and Associates (Contracts Provided)
Senior Professional II (P8)
HR18$275.00$ 4,950.00HR18$275.00$ 4,950.00 $ -
Senior Professional I (P7)
HR132$260.00$ 34,320.00HR132$260.00$ 34,320.00 $ -
Senior Professional I (P5)
HR440$230.00$ 101,200.00HR440$230.00$ 101,200.00 $ -
Professional (P3)
HR706$195.00$ 137,670.00HR706$195.00$ 137,670.00 $ -
Professional (B5)
HR14$190.00$ 2,660.00HR14$190.00$ 2,660.00 $ -
Support Staff (N6)
HR174$125.00$ 21,750.00HR174$125.00$ 21,750.00 $ -
Senior Tech Support (CO4)
HR17$160.00$ 2,720.00HR17$160.00$ 2,720.00 $ -
Expenses
EA1$205,551.32$ 205,566.56EA1$205,551.32$ 205,566.56 $ -
Office Expenses
EA1$18,721.55$ 18,721.55EA1$18,721.55$ 18,721.55 $ -
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$ - $ - $ -
SUBTOTAL$ 529,558.11SUBTOTAL$ 529,558.11 $ -
External Survey/ Landman
$ - $ - $ -
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$ - $ - $ -
SUBTOTAL$ - SUBTOTAL$ - $ -
External Inspection
Raba Kistner 3rd Party Inspector (Contract Provided)
$262,500.00$ - $ - $ -
Inspector IV
$ - HR1650$110.00$ 181,500.00 $ 181,500.00
Project Manager
$ - HR300$202.75$ 60,825.00 $ 60,825.00
Administrative Assistant
$ - HR220$72.50$ 15,950.00 $ 15,950.00
Vehicle
$ - EA6500$0.65$ 4,225.00 $ 4,225.00
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$ - $ - $ -
SUBTOTAL$ - SUBTOTAL$ 262,500.00 $ 262,500.00
Engineering / Administration / Inspection SUBTOTAL$ 814,420.97$ 1,196,563.37 $ 382,142.40
Existing Easement Compensation - following Quit Claim / Eligibility Ratio not applied. Will be documented by ROW PM
Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference
$ - $ - $ -
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$ - $ - $ -
SUBTOTAL$ - SUBTOTAL$ - $ -
Replacement Easement Compensation - following Quit Claim / Eligibility Ratio is applied. ROW PM must concur with rate.
Documentation of actual cost must be supplied at billing.
Blue Beacon International Inc (Parcel 1)
1$21,584.00$ 21,584.001$21,267.00$ 21,267.00 $ (317.00)
Title Fee
1$986.20$ 986.20 $ 986.20
CATDENTON 35 SIX Inc (Parcel 2)
1$274,785.00$ 274,785.001$274,785.00$ 274,785.00 $ -
Title Fee
1$321.00$ 321.00 $ 321.00
CATDENTON 35 Inc (Parcel 8/8A)
1$167,790.00$ 167,790.001$167,790.00$ 167,790.00 $ -
Title Fee
1$321.00$ 321.00 $ 321.00
NDMAC Ltd (Parcel 11)
1$60,530.00$ 60,530.001$95,200.00$ 95,200.00 $ 34,670.00
Title Fee
1$1,479.20$ 1,479.20 $ 1,479.20
Musket Corp #217 (Parcel 14)
1$32,276.00$ 32,276.001$38,000.00$ 38,000.00 $ 5,724.00
Title Fee
1$1,075.20$ 1,075.20 $ 1,075.20
Crawford, Kurt William (Parcel 16)
1$43,648.50$ 43,648.501$43,177.50$ 43,177.50 $ (471.00)
Title Fee
1$1,111.20$ 1,111.20 $ 1,111.20
3rd Party Attorney Fees
$ - 1$22,718.73$ 22,718.73 $ 22,718.73
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$ - $ - $ -
SUBTOTAL$ 600,613.50SUBTOTAL$ 668,232.03 $ 67,618.53
Easement Compensation SUBTOTAL$ 600,613.50 $ 668,232.03 $ 67,618.53
SUMMARY:TOTAL PROJECT COST$ 8,071,662.47 $ 8,595,422.40 $ 523,759.93
Amount Payable in TxDOT Contract (Joint Bid)$ - $ - $ -
Utility Cost$ 8,071,662.47 $ 8,595,422.40 $ 523,759.93
General & Administrative OH0.00%$ - G&A0.00%$ - $ -
Gross Reimbursable to the Utility$ 8,071,662.47 $ 8,595,422.40 $ 523,759.93
Amount Due to TxDOT Via an Advance Funding Agreement$ - $ - $ -
SALVAGE and/or Depreciation CREDIT$ -
BETTERMENT RATIO0.00%Ratio Deduction$ - BR0.00%$ - $ -
Amount reimbursable after Betterment and Salvage Credit$ 8,071,662.47 $ 8,595,422.40 $ 523,759.93
ELIGIBILITY RATIO100.00%ER100.00%
NET REIMBURSEMENT TO UTILITY$ 8,071,662.47 $ 8,595,422.40 $ 523,759.93
Percent of Difference=6%
version 4.0
---------------------------------
119,642.40
766,419.00 792,058.11 404,505.26
5,890,209.00 6,730,627.001,430,742.039,357,933.40
Revised Estimate
$ $ $ $ $ $ $
$ $ $ $ $ $
$ $ $ $ $ $ $ $
$ $ $ $ $ $
$ $ $ $ $ $ $
$ $ $ $ $ $ $
---------------------------------
(1.00)
7,000.00
(3,000.00)
70,000.0022,718.73
73,999.00
262,500.00807,409.80119,642.40
262,500.00 830,128.53 119,642.40
No ChangeNo ChangeNo Change
Estimated Costs
$ $ $ $
$ $ $ $ $ $ $
$ $ $ $ $ $
$ $ $ $ $ $ $
$ $ $ $ $ $
$ $ $ $ $ $ $
$ $ $ $ $ $ $ $
-1.00
10.0035.00
-15.00
Construction W/SUA#1
Abandonment W/SUA#1
Total Estimated W/SUA#1
QTY Change
SUA#1
C & A W/SUA#1
----
-
1.00
700.00700.00
3,000.007,980.008,840.002,200.004,700.001,400.003,500.003,750.006,000.004,500.005,415.009,000.00
45,678.0012,922.0069,750.0052,500.0012,000.0035,000.0048,500.0024,813.0022,482.81
799,400.00 171,300.00 105,000.00 360,000.00 140,000.00 500,000.00 220,000.00 394,576.00 296,325.00 529,558.11
766,419.00 529,558.11600,613.50284,862.86
3,307,178.00
5,890,209.00 6,656,628.008,071,662.47
Estimated Costs
$ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $
2.00 1.00 1.00 1.00
10.00 40.00 44.00 25.00 27.00 28.00 15.0025.00
200.00 700.00 150.00 266.00 500.00 250.00 700.00 700.00 700.00 700.00 750.00 700.00 200.00
7,500.00 9,700.00 1,200.00 1,500.00 1,800.002,000.00
18,000.00 12,000.00 17,500.00 20,000.00
500,000.00 220,000.00
Unit Cost
$ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $
$ $ $
$ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $
Materials On Hand:
CONSTRUCTION TOTAL
ABANDONMENT TOTAL
LFLFLFLFLFLFLFLFLFLFLFLFLFLF
SYSYSY TOTAL EASEMENT COSTS
CY
EAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEA
TOTAL CITY STAFF LABOR
DAY
Unit
BETTERMENT RATIO OF 0%
TOTAL ESTIMATED PROJECT COSTS
171275112115553
5
152050
798210279221188919
361
11421142
ESTIMATED AMOUNT REMAINING:
22839129221243314092
11853
Quanity
PROJECT COST SUMMARY - SUA U00017637
ESTIMATED UTILITY REIMBURSEMENT
REIMBURSEMENT REQUESTED TO DATE:
TOTAL CONSTRUCTION AND ABANDOMENT
TOTAL ENGINEERING AND ROW ACQUISITION SERVICES
EASEMENT COSTSCITY STAFF LABOR
AUTHORIZED CHANGE ORDERS ITEMS
ENGINEERING AND ROW ACQUISITION SERVICES
Property Acquisition Consultant ServicesEngineering Contract3rd Party InspectionEasement Costs3rd Party Attorney FeesCity Staff LaborCity Staff 42% Labor Burden
(Item 101) 30" Casing by Other Than Open Cut*(Item 99) Cathodic Protection System(Item 96) Flexible Paving Repair for Utility Trench(New Item) Incentive for Early Completion
Description 3201.007 - Flexible Paving Repair for Utility Trench3293.015 - Topsoil3293.016 - Seeding3301.00x - Cathodic Protection System3305.021 - Trench Safety3305.030 -
30" Casing by by Other Than Open Cut*3305.110 - 20" HDPE Water Carrier Pipe3314.222 - 20" HDPE Pressure Pipe, Water3314.225 - 20" HDPE Pressure Pipe, Water, CLSM Backfill3314.146
- 12" PVC Water Pressure Pipe3314.329 - 12" Gate Valve*3314.330 - 16" Gate Valve*3314.393 - 12" Water Main Connection with Shutdown3314.394 - 16" Water Main Connection with
Shutdown3314.402 - 2" Water Air Release Valve and Vault*3471.001 - Fire Hydrant Assembly*9999.999 - Meter Vault and Appurtenances (to UTRWD)*9999.999 - PRV Vault and Appurtenances*0241.016
- Grout Fill 16" Utility Line0241.029 - Remove 6" Utility Line0241.030 - Remove 8" Utility Line0241.032 - Remove 12" Utility Line0241.035 - Remove 16" Utility Line0241.056
- Remove 6" Water Valve0241.057 - Remove 8" Water Valve0241.059 - Remove 12" Water Valve0241.060 - Remove 16" Water Valve0241.0xx - Remove Water ARV 0241.094 - Remove Fire
Hydrant0241.096 - Remove Concrete Water Vault
0241.009 - Grout Fill 4" Utility Line0241.0xx - Remove Sewer ARV Appurtenance0241.028 - Remove 4" Utility Line
CONSTRUCTION - ORINGINAL ESTIMATED
96979899848586878889909192939495 92
102103104
100101105106107108109110111112113114115116
BID ITEM SUA #1CCO1.2CCO2.3CCO2.2CCO2.1
SECTION 00 42 43 - UNIT PRICE BID FORM
From:
City of Denton Capital Projects
Mountain Cascade of Texas, LLC
901-B Texas Street
5340 East US Highway 67
Denton, TX 76209
Alvarado, TX 76009
Attn: Cori Power/Purchasing Dept.
Andrew L. McCulloch
PROJ.:
IH-35 Utility Relocations (from US380 to Milam Road)
817-783-3094
IFB:Contact Email
amcculloch@mountaincascade.com
7968-003
BIDDERS APPLICATION - UNIT PRICE BID
COD
BID
Item No.Description of workUOM Unit Price Extended Price
SPEC
QTY
CSJ 087 WATER IMPROVEMENTS -UNIT I
10170.001 - Mobilization 1EA $ 1,000,000.00$1,000,000.00
01 70 00
20241.011 - Grout Fill 8" Utility Line 227LF $ 20.00$4,540.00
02 41 14
30241.013 - Grout Fill 12" Utility Line 916LF $ 21.00$19,236.00
02 41 14
SEE U00011547 CITY OF DENTON AGREEMENT- RCSJ 0195-02-091
4LF$3,564.00
0241.016 - Grout Fill 16" Utility Line 108 $ 33.00
02 41 14
50241.028 - Remove 4" Utility Line 25LF $ 45.00$1,125.00
02 41 14
6LF$5,250.00
0241.029 - Remove 6" Utility Line 150 $ 35.00
02 41 14
7LF$59,385.00
0241.030 - Remove 8" Utility Line 1,605 $ 37.00
02 41 14
8LF$194,530.00
0241.032 - Remove 12" Utility Line 5,558 $ 35.00
02 41 14
9LF$91,242.00
0241.035 - Remove 16" Utility Line 2,466 $ 37.00
02 41 14
100241.056 - Remove 6" Water Valve 17EA $ 700.00$11,900.00
02 41 14
110241.057 - Remove 8" Water Valve 3EA $ 750.00$2,250.00
02 41 14
120241.059 - Remove 12" Water Valve 11EA $ 800.00$8,800.00
02 41 14
130241.060 - Remove 16" Water Valve 2EA $ 850.00$1,700.00
02 41 14
140241.094 - Salvage Fire Hydrant 15EA $ 850.00$12,750.00
02 41 14
15EA$1,700.00
0241.095 - Salvage Water Meter 2 $ 850.00
02 41 14
16EA$1,800.00
0241.096 - Remove Concrete Water Vault 2 $ 900.00
02 41 14
173201.007 - Flexible Paving Repair for Utility Trench 1,356SY $ 140.00$189,840.00
31 01 17
183201.013 - Concrete Paving Repair for Utility Trench* 905SY $ 220.00$199,100.00
32 01 29
193216.005 - 4" Concrete Sidewalk 17SY $ 250.00$4,250.00
32 01 29
20CY$5,810.00
3293.015 - Topsoil 581 $ 10.00
32 93 00
21SY$25,726.00
3293.016 - Seeding 12,863 $ 2.00
32 93 00
22SY$20,027.00
3293.017 - Sodding 2,861 $ 7.00
32 93 00
23LF$9,404.00
3305.021 - Trench Safety 9,404 $ 1.00
33 05 05
24LF$108,500.00
3305.028 - 18" Casing by Other Than Open Cut* 217 $ 500.00
32 05 07
25LF$652,080.00
3305.029 - 24" Casing by Other Than Open Cut* 1,144 $ 570.00
33 05 07
26LF$162,970.00
3305.023 - 24" Casing by Open Cut* 379 $ 430.00
33 05 07
27LF$327,600.00
3305.030 - 30" Casing by by Other Than Open Cut* 468 $ 700.00
33 05 07
28LF$23,870.00
3305.098 - 8" DIP Water Carrier Pipe* 217 $ 110.00
33 05 15, 33 14 10
293305.099 - 12" DIP Water Carrier Pipe* 1,523LF $ 150.00$228,450.00
33 05 15, 33 14 10
30468LF$-
SEE ALTERNATE 1 BELOW - provide bid for only ONE (30 OR 30a)
311,941LF$-
SEE ALTERNATE 2 BELOW - provide bid for only ONE (31 OR 31a)
32LF$8,800.00
3314.141 - 6" PVC Water Pressure Pipe 40 $ 220.00
33 14 10
33LF$309,740.00
3314.142 - 8" PVC Water Pressure Pipe 911 $ 340.00
33 14 11
34LF$1,447,388.00
3314.146 - 12" PVC Water Pressure Pipe 6,133 $ 236.00
33 14 11
35EA$7,000.00
3314.310 - 1" Water Service* 2 $ 3,500.00
33 14 17
36EA$4,000.00
3314.314 - 1-1/2" Water Service* 1 $ 4,000.00
33 14 17
37EA$22,500.00
3314.318 - 2" Water Service* 5 $ 4,500.00
33 14 17
383314.323 - 4" Water Meter, Vault and Appurtenances* 1EA $ 55,000.00$55,000.00
33 14 18
393314.3xx - 8" Detector Check, Vault and Appurtenances* 1EA $ 65,000.00$65,000.00
33 14 18
403314.327 - 6" Gate Valve* 2EA $ 4,000.00$8,000.00
33 14 20
41EA$60,500.00
3314.328 - 8" Gate Valve* 11 $ 5,500.00
33 14 20
423314.329 - 12" Gate Valve* 26EA $ 7,500.00$195,000.00
33 14 20
433314.330 - 16" Gate Valve* 6EA $ 19,000.00$114,000.00
33 14 20
443314.345 - 8" x 8" Tapping Sleeve and Valve (City Performed)* 1EA $ 7,800.00$7,800.00
33 14 25
453314.391 - 6" Water Main Connection with Shutdown 2EA $ 9,000.00$18,000.00
33 14 25
463314.392 - 8" Water Main Connection with Shutdown 12EA $ 9,500.00$114,000.00
33 14 25
473314.393 - 12" Water Main Connection with Shutdown 5EA $ 12,000.00$60,000.00
33 14 25
483314.394 - 16" Water Main Connection with Shutdown 3EA $ 19,000.00$57,000.00
33 14 25
49EA$75,000.00
3314.402 - 2" Air Release Valve and Vault* 3 $ 25,000.00
33 14 30
50EA$144,500.00
3314.407 - Fire Hydrant Assembly* 17 $ 8,500.00
33 14 40
51MO$15,000.00
3471.001 - Traffic Control 1 $ 15,000.00
34 71 13
ALTERNATE 1 - PROVIDE PRICING FOR ONLY ONE
30468LF$-
3305.100 - 16" DIP Water Carrier Pipe*
33 05 07
33 05 15,
30a468LF$150.00$70,200.00
3305.110 - 20" HDPE Water Carrier Pipe
ALTERNATE 2 - PROVIDE PRICING FOR ONLY ONE
311,941LF$-
3314.014 - 16" DIP Water Pipe*
33 05 07
31a33 05 15, 33 14 143314.222 - 20" HDPE Pressure Pipe, Water1,941LF$250.00$485,250.00
TOTAL BID AMOUNT (Unit I):
$6,721,077.00
CJS 087 WASTEWATER IMPROVEMENTS - UNIT II
520241.010 - Grout Fill 6" Utility Line 1,604LF $ 12.00$19,248.00
02 41 14
53LF$5,420.00
0241.011 - Grout Fill 8" Utility Line 271 $ 20.00
02 41 14
54LF$56,910.00
0241.029 - Remove 6" Utility Line 1,626 $ 35.00
02 41 14
55LF$48,359.00
0241.030 - Remove 8" Utility Line 1,307 $ 37.00
02 41 14
56EA$42,000.00
0241.050 - Remove 4' Utility Manhole 14 $ 3,000.00
02 41 14
57EA$25,000.00
0241.054 - Remove Utility Junction Structure (Lift Station) 1 $ 25,000.00
02 41 14
58SY$78,960.00
3201.007 - Flexible Paving Repair for Utility Trench 564 $ 140.00
32 01 17
59SY$218,460.00
3201.013 - Concrete Paving Repair for Utility Trench* 993 $ 220.00
32 01 29
COD
BID
Item No.Description of workUOM Unit Price Extended Price
SPEC
QTY
60SY$25,200.00
3211.002 - 6" Flexible Base, Type A, GR-1 560 $ 45.00
32 01 29
61CY$2,640.00
3293.015 - Topsoil 264 $ 10.00
32 93 00
SEE U00011547 CITY OF DENTON AGREEMENT- RCSJ 0195-02-091
62SY$9,204.00
3293.016 - Seeding 4,602 $ 2.00
32 93 00
63SY$6,657.00
3293.017 - Sodding 951 $ 7.00
32 93 00
64LF$4,263.00
3305.021 - Trench Safety 4,263 $ 1.00
33 05 05
65LF$20,400.00
3305.022 - 18" Casing by Open Cut* 51 $ 400.00
33 05 07
66LF$133,660.00
3305.023 - 24" Casing by Open Cut* 326 $ 410.00
33 05 07
67LF$86,250.00
3305.028 - 18" Casing by Other Than Open Cut* 150 $ 575.00
33 05 07
683305.029 - 24" Casing by Other Than Open Cut* 1,001LF $ 630.00$630,630.00
33 05 07
69LF$12,060.00
3305.048 - 8" PVC Sanitary Sewer Carrier Pipe 201 $ 60.00
33 05 15, 33 14 11, 33 31 14
703305.049 - 12" PVC Sanitary Sewer Carrier Pipe 252LF $ 80.00$20,160.00
33 05 15, 33 31 14
71LF$28,560.00
3305.088 - 6" HDPE Force Main Carrier Pipe 476 $ 60.00
33 05 15, 33 14 11, 33 31 14
723305.091 - 12" HDPE Force Main Carrier Pipe 599LF $ 80.00$47,920.00
33 05 15, 33 31 14
733305.126 - 4' Concrete Manhole* 17EA $ 14,000.00$238,000.00
33 05 61, 33 05 62
743305.127 - 4' Drop Concrete Manhole* 2EA $ 20,000.00$40,000.00
33 05 61, 33 05 62
753305.128 - 5' Concrete Manhole* 3EA $ 15,000.00$45,000.00
33 05 61, 33 05 62
763305.132 - 4' Extra Depth Concrete Manhole* 40VF $ 500.00$20,000.00
33 05 61, 33 05 62
773305.133 - 5' Extra Depth Concrete Manhole* 29VF $ 700.00$20,300.00
33 05 61, 33 05 62
783314.250 - 6" HDPE Pressure Pipe, Force Main 221LF $ 280.00$61,880.00
33 31 14
793314.254 - 8" HDPE Pressure Pipe, Force Main 85LF $ 240.00$20,400.00
33 31 14
803314.262 - 12" HDPE Pressure Pipe, Force Main 144LF $ 220.00$31,680.00
33 31 14
813331.045 - 8" PVC Gravity Sewer Pipe 1,310LF $ 280.00$366,800.00
33 31 14
823331.053 - 12" PVC Gravity Sewer Pipe 2,211LF $ 240.00$530,640.00
33 31 14
83EA$20,000.00
3331.089 - 6" Sewer Service 8 $ 2,500.00
33 31 14
TOTAL BID AMOUNT (Unit II):
$2,916,661.00
CJS 074 WATER IMPROVEMENTS - UNIT III
840241.016 - Grout Fill 16" Utility Line 221LF$40.00$8,840.00
02 41 14
850241.029 - Remove 6" Utility Line 50LF$44.00$2,200.00
02 41 14
860241.030 - Remove 8" Utility Line 188LF$25.00$4,700.00
02 41 14
870241.032 - Remove 12" Utility Line 919LF$27.00$24,813.00
02 41 14
880241.035 - Remove 16" Utility Line 14,092LF$28.00$394,576.00
02 41 14
890241.056 - Remove 6" Water Valve 2EA$700.00$1,400.00
02 41 14
90EA$700.00$700.00
0241.057 - Remove 8" Water Valve 1
02 41 14
91EA$700.00$700.00
0241.059 - Remove 12" Water Valve 1
02 41 14
92EA$700.00$3,500.00
0241.060 - Remove 16" Water Valve 5
02 41 14
930241.0xx - Remove Water ARV 5EA$750.00$3,750.00
02 41 14
940241.094 - Salvage Fire Hydrant 5EA$1,200.00$6,000.00
02 41 14
950241.096 - Remove Concrete Water Vault 3EA$1,500.00$4,500.00
02 41 14
963201.007 - Flexible Paving Repair for Utility Trench 15SY$200.00$3,000.00
31 01 17
973293.015 - Topsoil 798CY$10.00$7,980.00
32 93 00
983293.016 - Seeding 22,839SY$2.00$45,678.00
32 93 00
993301.00x - Cathodic Protection System* 1EA$1.00$1.00
33 01 12
1003305.021 - Trench Safety 12,922LF$1.00$12,922.00
33 05 05
1013305.030 - 30" Casing by by Other Than Open Cut* 1,142LF$700.00$799,400.00
33 05 07
1023305.100 - 16" DIP Water Carrier Pipe*1,142LF$-
33 05 15, 33 14 10
1033314.014 - 16" DIP Water Pipe*12,433LF$-
33 14 10
1043314.017 - 16" DIP Water Pipe, CLSM Backfill*210LF$-
33 14 11
1053314.146 - 12" PVC Water Pressure Pipe 279LF$250.00$69,750.00
33 14 11
1063314.329 - 12" Gate Valve* 7EA$7,500.00$52,500.00
33 14 20
1073314.330 - 16" Gate Valve* 20EA$18,000.00$360,000.00
33 14 20
108EA$12,000.00$12,000.00
3314.393 - 12" Water Main Connection with Shutdown 1
33 14 25
109EA$17,500.00$35,000.00
3314.394 - 16" Water Main Connection with Shutdown 2
33 14 25
110EA$20,000.00$140,000.00
3314.402 - 2" Water Air Release Valve and Vault* 7
33 14 30
1113471.001 - Fire Hydrant Assembly* 5EA$9,700.00$48,500.00
34 71 13
40 05 67
1129999.999 - Meter Vault and Appurtenances (to UTRWD)* 1 EA$500,000.00$500,000.00
1139999.999 - PRV Vault and Appurtenances* 1EA$220,000.00$220,000.00
33 14 18
ALTERNATE 1 - PROVIDE PRICING FOR ONLY ONE
JO.LJOE!SFQMBDNFOU
1023305.100 - 16" DIP Water Carrier Pipe*1,142LF$-
33 05 07
33 05 15,
102a3305.110 - 20" HDPE Water Carrier Pipe1,142LF$150.00$171,300.00
33 14 14
ALTERNATE 2 - PROVIDE PRICING FOR ONLY ONE
JO.LJOE!SFQMBDNFOU
1033314.014 - 16" DIP Water Pipe*12,433LF$-
33 05 07
33 05 15,
103a3314.222 - 20" HDPE Pressure Pipe, Water12,433LF$266.00$3,307,178.00
33 14 14
ALTERNATE 3 - PROVIDE PRICING FOR ONLY ONE
JO.LJOE!SFQMBDNFOU
1043314.017 - 16" DIP Water Pipe, CLSM Backfill*210LF$-
33 05 07
33 05 15,
104a3314.225 - 20" HDPE Pressure Pipe, Water, CLSM Backfill*210LF$500.00$105,000.00
33 14 14
TOTAL BID AMOUNT (Unit III):
$6,345,888.006,345,888.006,345,888.00
CJS 074 WASTEWATER IMPROVEMENTS - UNIT IV
1140241.009 - Grout Fill 4" Utility Line 361LF$15.00$5,415.00
01 70 00
1150241.0xx - Remove Sewer ARV Appurtenance 5EA$1,800.00$9,000.00
02 41 14
1160241.028 - Remove 4" Utility Line 11,853LF$25.00$296,325.00
33 14 18
TOTAL BID AMOUNT (Unit IV):
$310,740.00310,740.00310,740.00
Gjy!qh!$!pwfsmbq
TOTAL PROJECT BID AMOUNT (Units I, II, III, & IV):
$16,294,366.00
*All materials shall use domestically manufactured products that are composed predominately of steel and/or iron to incorporate into
Page 2 of 3
the permanent installation of the utility facility – in compliance with the Buy America provisions of 23 CFR 635.410 as amended.
I-35 Project - City Staff Estimate
Employee NameTitleHoursHourly RateTotal
Engineer(s)5000$55.00$275,000.00
Admin(s)3000$45.00$135,000.00
Inspector(s)15000$40.00$600,000.00
Supervisor(s)3828$75.00$287,100.00
Sum Total$1,297,100.00
EXHIBIT A
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM)
Amendment Scope of Services
This is Amendment Number 01 to the Professional Service Agreement (6590-095) between
Kimley-Horn and Associates, Inc. (ENGINEER) and the City of Denton (City) executed on
December 18, 2020.
Scope of Services
The CITY has requested that the ENGINEER perform additional services to analyze the sewer
basin projected flows for potential development in the Milam Creek to Loop 288 area to evaluate
and determine the appropriate size of sewer infrastructure needed to meet peak flows for the
proposed developments.
Task 17 – Sewer Basin Planning
ENGINEER will perform the following additional services:
1. Data Collection
Perform data collection necessary for the determination of the appropriate size of sewer facilities
needed to meet peak flow demands. The City is to provide the number and size of developments to
perform the analysis on. Data collection shall include obtaining and organizing the following:
Confirmation from City on development location and projected flows
Existing sewer lines in the area that will serve the development.
Current or future City projects in the Pecan Creek Basin that are increasing capacities in
the sewer system
2. Sewer Basin Analysis and Estimated Costs
Analyze and evaluate the proposed sewer basins for up to two (2) options. ENGINEER will rely
upon information provided by the City for reaching a point downstream in the Pecan Creek Basin
that can handle the additional flow from proposed development. The ENGINEER will not be
responsible for analyzing the existing flows in the Pecan Creek or Milam Creek Basins
ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects
to be constructed including the following tasks:
o Develop and utilize a costing methodology to provide opinions of probable
construction costs for the two (2) options.
Amendment No. 1
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM)May 12, 2021
1 of 3
3. Technical Memorandum
Prepare a technical memorandum summarizing the finding of the analysis and recommendations
which includes:
Introduction
List of Design Assumptions
Existing and Proposed System Description
Conclusion stating the overall findings of the analysis
Appendix (Supporting Data and Calculations)
MEETINGS
The following is a list of meetings we anticipate will be required for the approval of the Sewer
Basin Analysis.
(1) Meeting with City staff to review and discuss design criteria and existing system
information.
(1) Meeting with City staff to discuss the Sewer Basin development and results of the
analysis.
DELIVERABLES
Deliverables for the project will include:
Three (3) copies of the technical memorandum
SCHEDULE
We will complete the services for Task 2-3 within 14 calendar days after completion of Task 1.
Compensation
The additional services described above will be accommodated by increasing the contract amount
by $15,000. The following table summarizes the revised contract amount:
OriginalAmendmentRevised
Task
ContractNo. 1Contract
Task 1 – Design Management$73,000$73,000
-
Task 2 – Alignment Study$106,000$106,000
-
Task 3 – Preliminary Design$469,200$469,200
-
Task 4 – Final Design$203,300$203,300
-
Task 5 – Construction Contract Documents$41,700$41,700
-
Task 6 – Bid Phase Services$30,500$30,500
-
Task 7 – Construction Phase Services$146,000$146,000
-
Amendment No. 1
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM)May 12, 2021
2 of 3
Task 8 – Record Drawings Preparation$35,100$35,100
-
Task 9 – Permitting$81,000$81,000
-
Task 10 – Survey and Easements$269,000$269,000
-
Task 11 – Easement Acquisition Services$747,900$747,900
-
Task 12 – Conflict Analysis$25,000$25,000
-
Task 13 – Lift Station Preliminary$35,200$35,200
-
Engineering Report (PER)
Task 14 – Lift Station Prelim/Final Design $104,300$104,300
-
Task 15 – Lift Station Bid Phase Services$6,300$6,300
-
Task 16 – Lift Station Const. Phase Services $22,800$22,800
-
Task 17 – Sewer Basin Planning-
$15,000$15,000
Totals:$2,396,300$15,000$2,411,300
Duly executed by each party’s designated representative to be effective on the date subscribed by the
CITY.
BY:BY:
CITY OF DENTON, TEXASENGINEER
Kimley-Horn and Associates, Inc
Title:______________________ Title: John Atkins, Vice President
Date:_______________________Date:____________________________
Amendment No. 1
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM)May 12, 2021
3 of 3
rd
3Party Inspection
Services
Raba Kistner
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tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ
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CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Raba Kistner, Inc., with its corporate office at PO Box 690287, San Antonio,
TX 78269 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT
generally described as: Construction Inspection Services for I-35 Utility Relocations
Projects (the "PROJECT").
SECTION 1
Scope of Services
A.The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B.Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $1,050,000 in the manner and in
accordance with the fee schedule as set forth in Attachment A. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 3/22/22
Page 1 of 18
A.Invoice and Payment
(1)The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 3/22/22
Page 2 of 18
C.Subsurface Investigations
(1)The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E.Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
City of Denton, Texas
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PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENTbetween CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
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construction contractor that affect the amount that should be paid.
H.Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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J.INSURANCE
(1)
a. Commercial General Liability the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
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commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
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Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self-insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
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L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
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practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
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facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
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cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
D. Termination
(1) This AGREEMENT may be terminated:
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a.by the City for its convenience upon 30days' written noticeto
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E.Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE EN
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
S FEES IN PROPORTION
LIABILITY.
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G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
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right to immediately terminate this AGREEMENTfor violations of this provision by
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that E
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
eanings ascribed to those terms in Section 809.001 of the
Texas Government Code. By signing this agreement, Engineer certifies that
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O.Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
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Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete a
Conflict of Interest Questionnaire.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
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changed by a written amendment executed by both parties. This AGREEMENTmay be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services, Compensation, and Project Schedule
Attachment B Conflict of Interest Questionnaire
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
_____________________________.
BY: BY:
CITY OF DENTON, TEXAS ENGINEER
RABA KISTNER, INC.
Sara Hensley, City Manager Authorized Signor
Title: ____________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 3/22/22
Page 17 of 18
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
ATTEST:
as to financial and operational
JESUS SALAZAR, CITY SECRETARY
obligations and business terms.
BY: ___________________________
_________________________
Signature
_________________________
Title
_________________________
APPROVED AS TO LEGAL FORM:
Department
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 3/22/22
Page 18 of 18
Attachment A
June 30, 2023
Proposed scope and pricing for City of Denton Inspection Contract,
RFQ 7894-004
RABA KISTNER (RK) is pleased to submit our proposed pricing to provide
the Construction Inspection Services for the CI35 Utility
Relocation (Water/Wastewater) project.
I.PROJECT DESCRIPTION
The I-35 Utility Relocation Projects from the merge to Milam Road. The Scope
of Work is to cover the Construction Administration Services including
inspection. This Scope of Work is intended for the City to comply with Local
Transportation Project Advance Funding Agreement, whereby the City has the
responsibilities for the construction of the Project.
II. GENERAL REQUIREMENTS
Raba Kistner will provide the following services (if required):
Task A. - Utility Coordination
Assist the City in the franchise utility coordination efforts during the
preconstruction and construction phases.
Prepare and maintain a list of potential franchise utility conflicts.
Monitor each utility company's relocation efforts and schedule during
the preconstruction and construction phases.
Answer questions from the utility owners and attend monthly utility
coordination meetings, including any project specific utility
coordination meetings as necessary.
Verify that the utility installations are in the locations per their designs
and permits.
Task B. - Plan Constructability Review
Review the plans for constructability and provide comments to the
City with recommendations for improvement and cost saving
measures (If needed).
Task C. Project Inspections
Pre-Construction Phase
-construction conditions.
Raba Kistner - Construction Inspection Contract - RFQ 7894
Notify the City of any omissions, overages or under runs of the bid items.
required pre-construction meeting with the contractor and
with the public.
Construction Phase
Verify that the project is built according to the plans and specifications,
and all contract documents.
specifications.
Staff.
Perform inspections and review the construction of the Project to
monitor compliance with the PS&E and document construction activities
using daily reports, journal, logs, or other, as necessary.
Verify all the specifications and special provision requirements are met
for inspected items of work, such as, materials, construction, and
measurements.
Inspector shall attend any meetings required by the City to discuss
specifications and action plans with regards to the pertinent bid items,
e.g., Pre-Con meetings, Safety meetings, construction meetings etc.
Coordinate wit
of the schedule, actual start dates, actual finish dates, and percent
complete or remaining duration. Review the monthly Daily Work Reports
(DWR).
Perform SWP3 inspections in accordance with the frequency required by
the City.
Verify appropriate permits are in place for all contractor Project Specific
Provide reports of the results of tests performed on materials used in
construction in accordance with the QAP as required.
-line drawings of project to document field changes during
construction.
Maintain daily log record of project.
Provide reports of Contractor compliance with DBE provisions of
construction contract at the end of the project.
Provide weekly pictures of construction progress to be transmitted to
City with monthly construction estimate.
Monitor the effects of weather (calendar-day projects) and other non-
excusable impacts on the schedule and provide means to separate these
from excusable impacts.
Prepare pay estimates and quantities to be field verified with the
contractor.
Provide report of any accidents or incidents that occur in the Project area.
Raba Kistner - Construction Inspection Contract - RFQ 7894-004
Post-Construction Phase
-list of
corrections.
Ensure that all work required of the contractor has been completed.
the contractor.
-out documents required by the City.
We are proposing our Senior Inspector, based on full time,
during normal work hours (40+ hrs. /week) for the above referenced project
with a tentative start date beginning upon the effective date of the contract.
Normal work hours are defined as Monday through Friday, 7:30 am to 5:00
pm. Overtime rates will be assessed for services performed outside of normal
work hours and/or after eight (8) hours of work per day. Following are the fee
summary rates to provide the required services for the referenced project are:
Inspector III (1015) $95.00 /hr
Inspector IV (1520) $110.00 /hr
Inspector V (2025) $128.72 /hr
Field Engineer/EIT $144.21 /hr
Professional Engineer $193.25 /hr
Administrative Assistant $72.50 /hr
Project Manager $202.75 /hr
Project Principal $281.75 /hr
Vehicle Travel Charges from our office to the project$0.65 /mile
Thank you for allowing RK the opportunity to submit our proposal, we are
excited and looking forward to receiving our first task order or work agreement
for providing construction inspection services for the city of Denton. If you
have any questions concerning this proposal or need any additional
information, please do not hesitate to contact me at tony.bokaie@rkci.com or
call me at (214) 906-4430.
Very truly yours,
RABA KISTNER
Tony Bokaie, P.E., MSCE
North Texas Transportation Service line Manager
Raba Kistner - Construction Inspection Contract - RFQ 7894-004
Form ROW-U-COA (Rev. 08/25)
Page 5 of 11
Attachment “B”
Accounting Method
Not Applicable
Actual Cost Method of Accounting
The Utility accumulates cost under a work order accounting procedure prescribed by the
Federal or State regulatory body and proposes to request reimbursement for actual
direct and related indirect costs.
Lump Sum Method of Accounting
The Utility proposed to request reimbursement based on an agreed lump sum amount
supported by a detailed cost analysis.
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 6 of 11
Attachment “C”
Schedule of Work
Not Applicable
Estimated Start Date (mm/dd/yyyy): 09/11/2023, subject to physical work restrictions
prior to the issuance of environmental clearance as required by the provisions of this
agreement. (If construction will be joint bid and included in the highway contract, enter
the project let date.)
Estimated Duration (number of days): 200
Estimated Completion Date (mm/dd/yyyy): 03/29/2024
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 7 of 11
Attachment “D”
Statement Covering Contract Work
Not Applicable
Construction Contract: Complete form ROW-U-48 and ROW-U-48-1 if applicable.
The Utility will use its own personnel(supporting documentation will be required at the
time of billing, See ROW Utilities Manual, Chapter 11).
The Utility will use third party contractors to perform the adjustment and complete the
attached ROW-U-48 with ROW-U-48-1 (joint bid), if appropriate. (verification of
continuing contract rate sheets or copy of bid tabulation will be required at the time of
billing)
Engineering Contract:
The Utility will use its own personnel (supporting documentation will be required at the
time of billing, See ROW Utilities Manual, Chapter 11).
The Utility will use a consultant contract (verification of fee schedule is required).
TxDOT will procure a utility engineering consultant.
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 8 of 11
Attachment “E”
Utility Joint Use Agreement – (ROW-U-JUA) and/or
RULIS Permit
Not Applicable
Utility Joint Use Agreement (ROW–U–JUA)
Plans with joint use area highlighted are included.
RULIS Permit Number: DAL20230112140252 and
DAL20230112135929
The utility should obtain an approved permit before the start of
construction inside of the highway right of way.
Quitclaim will be submitted at the Final Billing
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 9 of 11
Attachment “F”
Eligibility Ratio
Not Applicable
Eligibility Ratio established: %
Non-interstate Highway (Calculations attached)
Interstate Highway
Toll Road (Minimum of 50%)
SP2125 Approved Application (100%)
Minute Order #:
Master Utility Agreement
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 10 of 11
Attachment “G”
Betterment Calculation and Estimate
Not Applicable
Elective Betterment Ratio established: %
Calculation is attached and the justification is included below
A betterment and an in-kind estimate are included
Forced Betterment
To comply with regulated industry standards, laws, and
regulations. (Supporting documentation required)
To comply with published current design practice followed by the
utility in its own work. (Supporting documentation required)
Due to proposed roadway design. (Provide explanation below)
Not Applicable
A statement explaining Elective and/or Forced Betterment:
________________ ______ __________
Initial Date InitialDate
TxDOT Utility
Form ROW-U-COA (Rev. 08/25)
Page 11 of 11
Attachment “H”
Proof of Property Interest
Not Applicable
Supporting documentation of compensable property interest that establishes
reimbursement eligibility as referenced in Texas Transportation Code §203.092.
Property interest is documented through applicable affidavits and required
attachments.
ROW-U-Affidavit (See ROW Utilities Manual, Chapter 9, Section 3)
The roadway improvement project is designated as an Interstate Highway project;
therefore, no supporting documentation for compensable interest is required.
Supporting documentation for existing easements is required for easement
replacement.
Toll Road (Supporting documentation of compensable property interest required if
more than 50% eligibility ratio is applied)
SP2125
Master Utility Agreement
________________ ______ __________
Initial Date InitialDate
TxDOT Utility