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HomeMy WebLinkAbout26-1033 Form ROW-U-COA (Rev. 08/25) Page 1of 11 Standard Utility Agreement SupplementalAgreementNo. 1toUNumberN/AUtilityID U000011547 District: DallasCounty: Denton ROW Project ID: R00002954Highway: IH 35 ROW CSJ: 0195-03-091From: US 380 Construction CSJ: 0195-03-087To: US 77 Proposed Highway Project Letting Date: 9/1/2023 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 change orders required for the successful completion, easement cost to include the 3rd party attorney fees for the rd party inspection services contract. Buy America Attachment A Items Items 28, 29, 30, and 31 projectand the 3 were changed to HDPE which does not need to meet Buy America, Items 35, 36, 37, and 38 are small service items and falls under the small fittings section 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 thisagreement is for 55 days 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 $13,898,958.57, 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 Manager 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 $6,721,077.00 Wastewater $2,916,661.00 Change Orders $78,692.00 Project Scheduling Incentive $110,000 $2,000 Per Day (Up to 180 Days) $2,000 x 55Days City of Denton Staff Time (see attached)$412,436.09 City of Denton Staff 42% Labor Burden $173,223.16 Engineering Kimley-Horn and Associates $766,715.87 (see attached) rd Raba Kistner 3 Party Inspection $262,500 Replacement Easements (see attached) $2,325,466.09 rd 3Party Attorney Fees $132,187.36 Total $13,898,958.57 TXDOT STANDARD Utility Adjustment for TxDOT Project Comparative Estimate SUAESTIMATE ESTIMATE INCLUDING BETTERMENT City of Denton RCSJ:0195-03-091 ACTUAL COST US 380 to Milam Utility ID#:U00011547 SUPPLEMENTAL ESTIMATE UNUMBER:N/A The cost estimate items must be sufficiently detailed to provide TxDOT with a reasonable basis for analysis. Items should include Percent of Difference9% appropriate units and unit price for each (See Utility Manual, Chapter 6 Section 2). Applies to All "EA" or "LS" items Materials to be purchased by TxDOT - JOINT BID Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference *Sample Steel item to show (*) indication$ -$ -$ - XSelect this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ -SUBTOTAL$ -$ - Internally Supplied Materials - documented with Certified Ledger at Payment Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotal Difference *Sample Steel item to show (*) indication$ -$ -$ - XSelect this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - 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 4" Water Meter, Vault and AppurtenancesEA1$55,000.00$ 55,000.00EA1$55,000.00$ 55,000.00$ - 8" Detector Check, Vault and Appurtenances* 39EA1$65,000.00$ 65,000.00EA1$65,000.00$ 65,000.00$ - 6" Gate Valve* 40EA2$4,000.00$ 8,000.00EA2$4,000.00$ 8,000.00$ - 8" Gate Valve* 41EA11$5,500.00$ 60,500.00EA11$5,500.00$ 60,500.00$ - 12" Gate Valve* 42EA26$7,500.00$ 195,000.00EA26$7,500.00$ 195,000.00$ - 16" Gate Valve* 43EA6$19,000.00$ 114,000.00EA6$19,000.00$ 114,000.00$ - 2" Air Release Valve and Vault* 49EA3$25,000.00$ 75,000.00EA3$25,000.00$ 75,000.00$ - Fire Hydrant Assembly* 50EA17$8,500.00$ 144,500.00EA17$8,500.00$ 144,500.00$ - 20" HDPE Water Carrier PipeLF468$150.00$ 70,200.00LF468$150.00$ 70,200.00$ - 20" HDPE Pressure Pipe, WaterLF1941$250.00$ 485,250.00LF1941$250.00$ 485,250.00$ - 8" PVC Sanitary Sewer Carrier PipeLF201$60.00$ 12,060.00LF201$60.00$ 12,060.00$ - 12" PVC Sanitary Sewer Carrier PipeLF252$80.00$ 20,160.00LF252$80.00$ 20,160.00$ - 6" HDPE Force Main Carrier PipeLF476$60.00$ 28,560.00LF476$60.00$ 28,560.00$ - 12" HDPE Force Main Carrier PipeLF599$80.00$ 47,920.00LF599$80.00$ 47,920.00$ - 4' Concrete Manhole* 73EA17$14,000.00$ 238,000.00EA17$14,000.00$ 238,000.00$ - 4' Drop Concrete Manhole* 74EA2$20,000.00$ 40,000.00EA2$20,000.00$ 40,000.00$ - 5' Concrete Manhole* 75EA3$15,000.00$ 45,000.00EA3$15,000.00$ 45,000.00$ - 4' Extra Depth Concrete Manhole* 76VF40$500.00$ 20,000.00VF40$500.00$ 20,000.00$ - 5' Extra Depth Concrete Manhole* 77VF29$700.00$ 20,300.00VF29$700.00$ 20,300.00$ - 6" HDPE Pressure Pipe, Force MainLF221$280.00$ 61,880.00LF221$280.00$ 61,880.00$ - 8" HDPE Pressure Pipe, Force MainLF85$240.00$ 20,400.00LF85$240.00$ 20,400.00$ - 12" HDPE Pressure Pipe, Force MainLF144$220.00$ 31,680.00LF144$220.00$ 31,680.00$ - 8" PVC Gravity Sewer PipeLF1310$280.00$ 366,800.00LF1310$280.00$ 366,800.00$ - 12" PVC Gravity Sewer PipeLF2211$240.00$ 530,640.00LF2211$240.00$ 530,640.00$ - 6" Sewer ServiceEA8$2,500.00$ 20,000.00EA8$2,500.00$ 20,000.00$ - 8" HDPE Water Carrier PipeLF217$110.00$ 23,870.00LF217$110.00$ 23,870.00$ - 12" HDPE Water Carrier PipeLF1523$150.00$ 228,450.00LF1523$150.00$ 228,450.00$ - 6" PVC Water Pressure PipeLF40$220.00$ 8,800.00LF40$220.00$ 8,800.00$ - 8" PVC Water Pressure PipeLF911$340.00$ 309,740.00LF911$340.00$ 309,740.00$ - 12" PVC Water Pressure PipeLF6133$236.00$ 1,447,388.00LF6133$236.00$ 1,447,388.00$ - $ -$ - Authorized Change Orders$ -$ - Sodding (22)SY-2861$7.00SY-2861$7.00$ (20,027.00)$ (20,027.00) 30" Casing by OTOC* 27LF10$700.00LF10$700.00$ 7,000.00$ 7,000.00 8" PVC Pressure Water PipeLF935$340.00LF935$340.00$ 317,900.00$ 317,900.00 12" PVC Pressure Water PipeLF-804$236.00LF-804$236.00$ (189,744.00)$ (189,744.00) Traffic ControlSY4$15,000.00SY4$15,000.00$ 60,000.00$ 60,000.00 Remove Utility Junction StructureEA1$25,000.00EA1$25,000.00$ 25,000.00$ 25,000.00 Flexible Paving Repair for Utility TrenchSY-251$140.00SY-251$140.00$ (35,140.00)$ (35,140.00) Concrete Paving Repair for Utility Trench* 18SY-362$220.00SY-362$220.00$ (79,640.00)$ (79,640.00) Sodding (63)SY-951$7.00SY-951$7.00$ (6,657.00)$ (6,657.00) $ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ 4,794,098.00SUBTOTAL$ 4,872,790.00$ 78,692.00 MATERIALS SUBTOTAL$ 4,794,098.00MATERIALS SUBTOTAL$ 4,872,790.00$ 78,692.00 * Indicated items are being tracked for BUY AMERICA COMPLIANCE and will be documented using Form 1818 and all supporting documentation prior to installation. X Indicated items are IRON or STEEL, but will not be tracked for BUY AMERICA Sum of De COMPLIANCE due to falling under the DE MINIMUS of $2,500, or .1% of the project $0.00$0.00 Minimus Items total cost, whichever is greater. TxDOT contractor labor - JOINT BID Line Item / Item DescriptionUnitQuantity$/UnitTotal UnitQuantity$/UnitTotalDifference Sample Item$ -$ -$ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ -SUBTOTAL$0.00$ - Internal Labor Costs - documented with Certified Ledger at payment. Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotal Difference 8"x8" Tapping Sleeve & Valve (City Performed)* 44EA1$7,800.00$ 7,800.00EA1$7,800.00$ 7,800.00$ - 6" Water Main Connection with ShutdownEA2$9,000.00$ 18,000.00EA2$9,000.00$ 18,000.00 8" Water Main Connection with ShutdownEA12$9,500.00$ 114,000.00EA12$9,500.00$ 114,000.00 12" Water Main Connection with ShutdownEA5$12,000.00$ 60,000.00EA5$12,000.00$ 60,000.00 16" Water Main Connection with ShutdownEA3$19,000.00$ 57,000.00EA3$19,000.00$ 57,000.00 Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - OVERHEAD (%)Enter % if applicable0.00%$ -0.00%$ -$ - SUBTOTAL$ 256,800.00SUBTOTAL$ 256,800.00$ - External Labor Costs - documented with Invoices and / or checks Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotal Difference MobilizationEA1$1,000,000.00$ 1,000,000.00 EA1$1,000,000.00$ 1,000,000.00 $ - Grout Fill 8" Utility LineLF227$20.00$ 4,540.00LF227$20.00$ 4,540.00 $ - Grout Fill 12" Utility LineLF916$21.00$ 19,236.00LF916$21.00$ 19,236.00 $ - Grout Fill 16" Utility LineLF108$33.00$ 3,564.00LF108$33.00$ 3,564.00 $ - Remove 4" Utility LineLF25$45.00$ 1,125.00LF25$45.00$ 1,125.00 $ - Remove 6" Utility LineLF150$35.00$ 5,250.00LF150$35.00$ 5,250.00 $ - Remove 8" Utility LineLF1605$37.00$ 59,385.00LF1605$37.00$ 59,385.00 $ - Remove 12" Utility LineLF5558$35.00$ 194,530.00 LF5558$35.00$ 194,530.00 $ - Remove 16" Utility LineLF2466$37.00$ 91,242.00LF2466$37.00$ 91,242.00 $ - Remove 6" Water ValveEA17$700.00$ 11,900.00EA17$700.00$ 11,900.00 $ - Remove 8" Water ValveEA3$750.00$ 2,250.00EA3$750.00$ 2,250.00 $ - Remove 12" Water ValveEA11$800.00$ 8,800.00EA11$800.00$ 8,800.00 $ - Remove 16" Water ValveEA2$850.00$ 1,700.00EA2$850.00$ 1,700.00 $ - Remove Fire HydrantEA15$850.00$ 12,750.00EA15$850.00$ 12,750.00 $ - Remove Water MeterEA2$850.00$ 1,700.00EA2$850.00$ 1,700.00 $ - Remove Concrete Water VaultEA2$900.00$ 1,800.00EA2$900.00$ 1,800.00 $ - Flexible Paving Repair for Utility TrenchSY1356$140.00$ 189,840.00 SY1356$140.00$ 189,840.00 $ - Concrete Paving Repair for Utility Trench* 18SY905$220.00$ 199,100.00 SY905$220.00$ 199,100.00 $ - 4" Concrete SidewalkSY17$250.00$ 4,250.00SY17$250.00$ 4,250.00 $ - TopsoilCY581$10.00$ 5,810.00CY581$10.00$ 5,810.00 $ - SeedingSY12863$2.00$ 25,726.00SY12863$2.00$ 25,726.00 $ - SoddingSY2861$7.00$ 20,027.00SY2861$7.00$ 20,027.00 $ - Trench SafetyLF9404$1.00$ 9,404.00LF9404$1.00$ 9,404.00 $ - 18" Casing by Other Than Open Cut* 24LF217$500.00$ 108,500.00 LF217$500.00$ 108,500.00 $ - 24" Casing by Other Than Open Cut* 25LF1144$570.00$ 652,080.00 LF1144$570.00$ 652,080.00 $ - 24" Casing by Open Cut* 26LF379$430.00$ 162,970.00 LF379$430.00$ 162,970.00 $ - 30" Casing by by Other Than Open Cut* 27LF468$700.00$ 327,600.00 LF468$700.00$ 327,600.00 $ - 1" Water ServiceEA2$3,500.00$ 7,000.00EA2$3,500.00$ 7,000.00 $ - 1-1/2" Water ServiceEA1$4,000.00$ 4,000.00EA1$4,000.00$ 4,000.00 $ - 2" Water ServiceEA5$4,500.00$ 22,500.00EA5$4,500.00$ 22,500.00 $ - Grout Fill 6" Utility LineLF1604$12.00$ 19,248.00LF1604$12.00$ 19,248.00 $ - Grout Fill 8" Utility LineLF271$20.00$ 5,420.00LF271$20.00$ 5,420.00 $ - Remove 6" Utility LineLF1626$35.00$ 56,910.00LF1626$35.00$ 56,910.00 $ - Remove 8" Utility LineLF1307$37.00$ 48,359.00LF1307$37.00$ 48,359.00 $ - Remove 4' Utility ManholeEA14$3,000.00$ 42,000.00EA14$3,000.00$ 42,000.00 $ - Remove Utility Junction Structure (Lift Station)EA1$25,000.00$ 25,000.00EA1$25,000.00$ 25,000.00 $ - Flexible Paving Repair for Utility TrenchSY564$140.00$ 78,960.00SY564$140.00$ 78,960.00 $ - Concrete Paving Repair for Utility Trench* 59SY993$220.00$ 218,460.00 SY993$220.00$ 218,460.00 $ - 6" Flexible Base, Type A, GR-1SY560$45.00$ 25,200.00SY560$45.00$ 25,200.00 $ - TopsoilCY264$10.00$ 2,640.00CY264$10.00$ 2,640.00 $ - SeedingSY4602$2.00$ 9,204.00SY4602$2.00$ 9,204.00 $ - SoddingSY951$7.00$ 6,657.00SY951$7.00$ 6,657.00 $ - Trench SafetyLF4263$1.00$ 4,263.00LF4263$1.00$ 4,263.00 $ - 18" Casing by Open Cut* 65LF51$400.00$ 20,400.00LF51$400.00$ 20,400.00 $ - 24" Casing by Open Cut* 66LF326$410.00$ 133,660.00 LF326$410.00$ 133,660.00 $ - 18" Casing by Other Than Open Cut* 67LF150$575.00$ 86,250.00LF150$575.00$ 86,250.00 $ - 24" Casing by Other Than Open Cut* 68LF1001$630.00$ 630,630.00 LF1001$630.00$ 630,630.00 $ - Traffic ControlMO1$15,000.00$ 15,000.00MO1$15,000.00$ 15,000.00 $ - $ -$ - IncentiveDAY55$2,000.00$ 110,000.00 $ 110,000.00 Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ 4,586,840.00 SUBTOTAL$ 4,696,840.00 $ 110,000.00 LABOR SUBTOTAL$ 4,843,640.00 $ 4,953,640.00 $ 110,000.00 Engineering Procured by TxDOT - 100% eligibiity required Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference $ -$ -$ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ -SUBTOTAL$ - $ - Internal Engineering - Costs Documented with Certified Ledger at payment. Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference Project ManagerHR1851$73.59$ 136,212.41 HR1851$73.59$ 136,212.41 $ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ 136,212.41 SUBTOTAL$ 136,212.41 $ - Internal Survey / Landman Senior EngineerHR1608$66.91$ 107,591.28 HR1608$66.91$ 107,591.28 $ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ 107,591.28 SUBTOTAL$ 107,591.28 $ - Internal Inspection Public Works Inspector IIIHR2168$41.70$ 90,405.60HR2168$41.70$ 90,405.60 $ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ 90,405.60SUBTOTAL$ 90,405.60 $ - Internal Administration Capital Project Fund & Project AdministratorHR694$56.40$ 39,141.60HR694$56.40$ 39,141.60 $ - Real Estate SpecialistHR693$56.40$ 39,085.20HR693$56.40$ 39,085.20 Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ 78,226.80SUBTOTAL$ 78,226.80 $ - Internal Engineering/ Survey/ Inspection/ Administration Overhead OVERHEAD (%)Enter % if applicable0.00%$ -42.00%$ 173,223.16 $ 173,223.16 SUBTOTAL$ 412,436.09 $ 585,659.25 $ 173,223.16 External Engineering - Cost documented with INVOICES and / or CHECKS Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference Kimley-Horn and Associates (Contracts Provided)$766,715.87$ -$ -$ - Senior Professional II (P8)HR27$275.00$ 7,425.00HR27$275.00$ 7,425.00 $ - Senior Professional I (P7)HR191$260.00$ 49,660.00HR191$260.00$ 49,660.00 $ - Senior Professional I (P5)HR636$230.00$ 146,280.00 HR636$230.00$ 146,280.00 $ - Professional (P3)HR1007$195.00$ 196,365.00 HR1007$195.00$ 196,365.00 $ - Professional (B5)HR21$190.00$ 3,990.00HR21$190.00$ 3,990.00 $ - Support Staff (N6)HR252$160.00$ 40,320.00HR252$160.00$ 40,320.00 $ - Senior Tech Support (CO4)HR24$125.00$ 3,000.00HR24$125.00$ 3,000.00 $ - ExpensesEA1$297,427.24$ 297,427.24 EA1$297,427.24$ 297,427.24 $ - Office ExpensesEA1$22,248.63$ 22,248.63EA1$22,248.63$ 22,248.63 $ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ 766,715.87 SUBTOTAL$ 766,715.87 $ - External Survey/ Landman $ -$ -$ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ -SUBTOTAL$ - $ - External Inspection Raba Kistner (Contract Provided)$262,500.00$ -$262,500.00$ -$ - 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 $ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - SUBTOTAL$ -SUBTOTAL$ 262,500.00 $ 262,500.00 Engineering / Administration / Inspection SUBTOTAL$ 1,179,151.96 $ 1,614,875.12 $ 435,723.16 Existing Easement Compensation - following Quit Claim / Eligibility Ratio not applied. Will be Line Item / Item DescriptionUnitQuantity$/UnitTotalUnitQuantity$/UnitTotalDifference $ -$ -$ - Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ -$ - 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. 3rd Party Attorney Fees11$132,187.36$ 132,187.36 $ 132,187.36 $ - Kaylan's Inc (Parcel 2)1$52,465.00$ 52,465.001$52,465.00$ 52,465.00 $ - Closing/Title Fees1$536.00$ 536.001$536.00$ 536.00$ - Mala Strana LLC (Parcel 3)1$60,130.00$ 60,130.001$145,000.00$ 145,000.00 $ 84,870.00 Closing/Title Fees1$593.00$ 593.001$593.00$ 593.00$ - Home Depot USA INC (Parcel 4)1$108,516.00$ 108,516.00 1$143,524.00$ 143,524.00 $ 35,008.00 Closing/Title Fees1$321.00$ 321.001$321.00$ 321.00$ - Maruti Jalaram LLC (Parcel 5)1$42,000.00$ 42,000.001$42,000.00$ 42,000.00 $ - Closing/Title Fees1$465.00$ 465.001$324.00$ 324.00$ (141.00) Coconut Properties LLC (Parcel 6)1$30,959.00$ 30,959.001$53,710.00$ 53,710.00 $ 22,751.00 Closing/Title Fees1$383.00$ 383.001$383.00$ 383.00$ - Paces Hotels LLC (Parcel 8)1$75,000.00$ 75,000.001$85,000.00$ 85,000.00 $ 10,000.00 Closing/Title Fees1$700.00$ 700.001$487.00$ 487.00$ (213.00) Health Services of North Texas, Inc. (Parcel 9)1$36,109.00$ 36,109.001$36,109.00$ 36,109.00 $ - Closing/Title Fees1$422.00$ 422.001$422.00$ 422.00$ - Three Willows Land Development LLC (Parcel 14)1$21,634.00$ 21,634.001$30,000.00$ 30,000.00 $ 8,366.00 Closing/Title Fees1$296.00$ 296.001$296.00$ 296.00$ - Hunt Windsor LLC (Parcel 15A)1$142,518.00$ 142,518.00 1$305,013.42$ 305,013.42 $ 162,495.42 Closing/Title Fees1$321.00$ 321.001$321.00$ 321.00$ - 32 Hundred Windsor Gardens LP & JRM (Parcel 15B)1$134,743.00$ 134,743.00 1$169,877.00$ 169,877.00 $ 35,134.00 Closing/Title Fees1$321.00$ 321.001$321.00$ 321.00$ - Salavaging Teens as Risk Inc D/B/A The Educator Center (Parcel 11$9,814.00$ 9,814.001$10,052.00$ 10,052.00 $ 238.00 Closing/Title Fees1$238.00$ 238.001$238.00$ 238.00$ - Zimmerer Denton LLC (Parcel 16)1$63,089.00$ 63,089.001$62,744.00$ 62,744.00 $ (345.00) Closing/Title Fees1$613.00$ 613.001$613.00$ 613.00$ - RV Land Acqusition LP (Parcel 17/18)1$52,977.00$ 52,977.001$52,977.00$ 52,977.00 $ - Closing/Title Fees1$457.00$ 457.001$457.00$ 457.00$ - CATDENTON 35 Four Inc (Parcel 19)1$267,562.00$ 267,562.00 1$267,562.00$ 267,562.00 $ - Closing/Title Fees1$321.00$ 321.001$321.00$ 321.00$ - Walbarger Street LP (Parcel 20)1$122,840.73$ 122,840.73 1$177,000.00$ 177,000.00 $ 54,159.27 Closing/Title Fees1$321.00$ 321.001$702.00$ 702.00$ 381.00 The Rockline-Denton Group P/S (Parcel 21)1$100,330.00$ 100,330.00 1$100,330.00$ 100,330.00 $ - Closing/Title Fees1$321.00$ 321.001$321.00$ 321.00$ - Harris, Lisa J Investment Trust (Parcel 25)1$8,325.00$ 8,325.001$11,000.00$ 11,000.00 $ 2,675.00 Closing/Title Fees1$238.00$ 238.001$238.00$ 238.00$ - Westglen Partners LTD (Parcel 36/37)1$132,020.87$ 132,020.87 1$132,020.87$ 132,020.87 $ - Closing/Title Fees1$321.00$ 321.001$702.00$ 702.00$ 381.00 Love's Travel Stops & Country Stores Inc (Parcel 38)1$197,543.00$ 197,543.00 1$197,543.00$ 197,543.00 $ - Closing/Title Fees1$321.00$ 321.001$321.00$ 321.00$ - Foster, Mark D & Madeline (Parcel 39)1$44,265.00$ 44,265.001$72,118.80$ 72,118.80 $ 27,853.80 Closing/Title Fees1$479.00$ 479.001$479.00$ 479.00$ - TA Operating LLC (Parcel 40)1$170,703.00$ 170,703.00 1$170,703.00$ 170,703.00 $ - Closing/Title Fees1$321.00$ 321.001$321.00$ 321.00$ - `Select this row and Insert to add rows. Drag to fill formulas from top cell.$ -$ - SUBTOTAL$ 1,881,852.60 SUBTOTAL$ 2,457,653.45 $ 575,800.85 Easement Compensation SUBTOTAL$ 1,881,852.60 $ 2,457,653.45 $ 575,800.85 SUMMARY:TOTAL PROJECT COST$ 12,698,742.56 $ 13,898,958.57 $ 1,200,216.01 Amount Payable in TxDOT Contract (Joint Bid)$ -$ -$ - Utility Cost$ 12,698,742.56 $ 13,898,958.57 $ 1,200,216.01 General & Administrative OH0.00%$ -G&A0.00%$ -$ - Gross Reimbursable to the Utility$ 12,698,742.56 $ 13,898,958.57 $ 1,200,216.01 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$ 12,698,742.56 $ 13,898,958.57 $ 1,200,216.01 ELIGIBILITY RATIO100.00%ER100.00% NET REIMBURSEMENT TO UTILITY$ 12,698,742.56 $ 13,898,958.57 $ 1,200,216.01 Percent of Difference=9% version 3.0 $0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00 $30,348.00$11,339.50$15,671.00$22,854.00$31,851.00$38,305.50$50,325.50$89,132.00$85,512.00 Total Sewer Easement Total $8,563.00 Water $53,001.00$30,348.00$11,339.50$15,671.00$22,854.00$36,531.00$21,930.00$10,052.00$31,851.00$53,434.00$38,305.50$50,325.50$76,611.00$89,132.00$44,744.00$85,512.00 Easement $108,837.00$142,839.00$135,064.00$267,883.00 $8,563.00 Total Total $53,001.00$60,696.00$22,679.00$31,342.00$45,708.00$36,531.00$21,930.00$10,052.00$63,702.00$53,434.00$76,611.00$76,611.00$44,744.00 $108,837.00$142,839.00$135,064.00$267,883.00$100,651.00$178,264.00$171,024.00 Easement Permanent + Temporary Construction Easement + Title Policy Fee Fee Title Policy $536.00$593.00$321.00$324.00$383.00$487.00$422.00$296.00$321.00$321.00$238.00$613.00$457.00$321.00$702.00$321.00$238.00$702.00$321.00$479.00$321.00 $3,172.00$3,008.00 Total Value $11,590.00 Easement $2.55$2.50$1.90 Temporary Construction Easement Anticipated Fee Price/SF 1,2441,2036,100 (SF) Total 252525 (ft) Width 5048 244 LF of Easement Acquisition Temporary Construction Easement $6,806.00$8,325.00 $52,465.00$60,103.00$22,355.00$30,959.00$45,221.00$36,109.00$18,462.00$63,089.00$41,387.00$75,909.00$75,909.00$44,265.00 $108,516.00$142,518.00$134,743.00$267,562.00$100,330.00$177,943.00$170,703.00 Total Easement Value Permanent $6.73$6.50$6.38$5.13$6.25$9.85$7.05$5.13$8.57$8.94$4.63$5.05$5.46$6.12$7.90 $25.77$27.77$12.40$10.10$12.02$22.97 Anticipated Fee Price/SF CSJ-087 2,0362,1648,7523,3223,0646,9573,0032,8965,8671,0896,4065,8688,8621,8007,227 27,77952,15111,22815,02832,60021,604 Total (SF) 202020202020202020202020202020202020202020 (ft) Width Permanent 5490 102108438166153348150145293320293443561751361 1389260816301080 LF of Easement Acquisition City of Denton I-35 (from I-35 merge/split to Milam) W/WW Easements Appraisal Kaylan's Inc Property Owner Paces Hotels LLC Hunt Windsor LLCTA Operating LLC Maruti Jalaram LLC MALA STRANA LLC Wilbarger Street, LP Zimmerer Denton LLC Catdenton 35 Four Inc Westglen Partners LTD Coconut Properties LLC HOME DEPOT USA INC Foster, Mark D & Madeline RV LAND ACQUISITION LP Harris, Lisa J Investment Trust The Rockline-Denton Group P/S Health Services of North Texas, Inc. Three Willows Land Development LLC Love's Travel Stops & Country Stores Inc 32 HUNDRED WINDSOR GARDENS LP & JRM Salvaging Teens at Risk Inc D/B/A The Educator Center 2345689 1416192021253839 40 No. 15A15B 16.1 17/1836/37 TxDOT Parcel No. 3452434525345218686836958 34517875823693739525 40201, 675206773229765175632465613725160306699314 618924693328523508775494174371 Denton CAD Revised Estimate SUA #1 Estimated Costs Qty Change 4,250.005,810.009,404.008,800.007,000.004,000.008,000.007,800.002,640.009,204.006,657.004,263.00 25,726.0020,027.0023,870.0070,200.0022,500.0055,000.0065,000.0060,500.0018,000.0060,000.0057,000.0075,000.0015,000.0078,960.0025,200.0020,400.0086,250.0012,060.0020,160.0028,560.0047,920.00 189,840.00199,100.00108,500.00652,080.00162,970.00327,600.00228,450.00485,250.00309,740.00195,000.00114,000.00114,000.00144,500.00218,460.00133,660.00630,630.00238,000.00 1,000,000.001,447,388.00 Estimated Costs $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2.007.001.002.007.001.00 10.00 45.00 10.00 60.0080.0060.0080.00 140.00220.00250.00500.00570.00430.00700.00110.00150.00150.00250.00220.00340.00236.00140.00220.00400.00410.00575.00630.00 3,500.00 4,000.00 4,500.00 4,000.00 5,500.00 7,500.00 7,800.00 9,000.00 9,500.00 8,500.00 55,000.0065,000.0019,000.0012,000.0019,000.0025,000.0015,000.0014,000.00 Unit Cost $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,000,000.00 LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF SYSYSYSYSYSYSYSYSYSY EACYEAEAEAEAEAEAEAEAEAEAEAEAEAEAEAEACYEA MO Unit PROJECT COST SUMMARY - SUA U00011547 12151126125331 174011261217 5117 905581217379468217468911564993560264951 326150201252476599 135628619404114415231941613346024263 1001 12863 Quanity CONSTRUCTION - ORIGINAL ESTIMATED Description 0170.001 - Mobilization3201.007 - Flexible Paving Repair for Utility Trench3201.013 - Concrete Paving Repair for Utility Trench*3216.005 - 4" Concrete Sidewalk3293.015 - Topsoil3293.016 - Seeding3293.017 - Sodding3305.021 - Trench Safety3305.028 - 18" Casing by Other Than Open Cut*3305.029 - 24" Casing by Other Than Open Cut*3305.023 - 24" Casing by Open Cut*3305.030 - 30" Casing by by Other Than Open Cut*3305.098 - 8" HDPE Water Carrier Pipe3305.099 - 12" HDPE Water Carrier Pipe3305.110 - 20" HDPE Water Carrier Pipe3314.222 - 20" HDPE Pressure Pipe, Water3314.141 - 6" PVC Water Pressure Pipe3314.142 - 8" PVC Water Pressure Pipe3314.146 - 12" PVC Water Pressure Pipe3314.310 - 1" Water Service3314.314 - 1-1/2" Water Service3314.318 - 2" Water Service3314.323 - 4" Water Meter, Vault and Appurtenances3314.3xx - 8" Detector Check, Vault and Appurtenances*3314.327 - 6" Gate Valve*3314.328 - 8" Gate Valve*3314.329 - 12" Gate Valve*3314.330 - 16" Gate Valve*3314.345 - 8" x 8" Tapping Sleeve and Valve (City Performed)*3314.391 - 6" Water Main Connection with Shutdown3314.392 - 8" Water Main Connection with Shutdown3314.393 - 12" Water Main Connection with Shutdown3314.394 - 16" Water Main Connection with Shutdown3314.402 - 2" Air Release Valve and Vault*3314.407 - Fire Hydrant Assembly*3471.001 - Traffic Control3201.007 - Flexible Paving Repair for Utility Trench3201.013 - Concrete Paving Repair for Utility Trench*3211.002 - 6" Flexible Base, Type A, GR-13293.015 - Topsoil3293.016 - Seeding3305.021 - Trench Safety3305.022 - 18" Casing by Open Cut*3305.023 - 24" Casing by Open Cut*3305.028 - 18" Casing by Other Than Open Cut*3305.029 - 24" Casing by Other Than Open Cut*3305.048 - 8" PVC Sanitary Sewer Carrier Pipe3305.049 - 12" PVC Sanitary Sewer Carrier Pipe3305.088 - 6" HDPE Force Main Carrier Pipe3305.091 - 12" HDPE Force Main Carrier Pipe3305.126 - 4' Concrete Manhole* 3293.017 - Sodding 1 171819202122232425262728293031323334353637383940414243444546474849505158596061626364656667686970717273 BID ITEM 616,709.00 9,021,029.00 9,826,430.001,029,215.87 Revised Estimate $ $ $ $ 7,000.00 (6,657.00) 60,000.0025,000.00 (20,027.00)(35,140.00)(79,640.00) 317,900.00110,000.00262,500.00 188,692.00 188,692.00 262,500.00 (189,744.00) SUA #1 No ChangeNo Change Estimated Costs $ $ $ $ $ $ $ $ $ $ $ $ $ $ 41 1055 935 -804-251-362-951 -2861 Construction W/SUA#1 Abandonment W/SUA#1 Qty Change C & A W/SUA#1 -- 4,540.003,564.001,125.005,250.002,250.008,800.001,700.001,700.001,800.005,420.00 40,000.0045,000.0020,000.0020,300.0061,880.0020,400.0031,680.0020,000.0019,236.0059,385.0091,242.0011,900.0012,750.0019,248.0056,910.0048,359.0042,000.0025,000.00 366,800.00530,640.00194,530.00766,715.87 616,709.00 766,715.87 9,021,029.00 9,637,738.00 Estimated Costs $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7.007.00 20.00 21.00 33.00 45.00 35.00 37.00 35.00 37.00 12.0020.0035.0037.00 500.00700.00280.00240.00220.00280.00240.00700.00750.00800.00850.00850.00850.00900.00700.00340.00236.00140.00220.00 2,500.00 3,000.00 2,000.00 20,000.0015,000.0025,000.0015,000.0025,000.00 Unit Cost $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Materials On Hand: CONSTRUCTION TOTAL ABANDONMENT TOTAL LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF EAEAVFVFEAEAEAEAEAEAEAEAEAEA Unit LFSYLFLFMOEASYSYSYDAY 3222 2381 25171115 40298514 227916108150 221144271 160555582466 13102211160416261307 Quanity TOTAL CONSTRUCTION AND ABANDOMENT TOTAL ENGINEERING AND ROW ACQUISITION SERVICES AUTHORIZED CHANGE ORDERS ITEMS ENGINEERING AND ROW ACQUISITION SERVICES Property Acquisition Consultant ServicesEngineering Contract3rd Party Inspection (Raba Kisnter) CONSTRUCTION - ORIGINAL ESTIMATED (Item 27) 30" Casing by Other Than Open Cut(Item 22) Sodding3314.142 - 8" PVC Water Pressure Pipe3314.146 - 12" PVC Water Pressure Pipe3471.001 - Traffic Control0241.054 - Remove Utility Junction Structure (Lift Station)3201.007 - Flexible Paving Repair for Utility Trench3201.013 - Concrete Paving Repair for Utility Trench*3293.017 - Sodding(New Item) Incentive for Early Completion Description 3305.127 - 4' Drop Concrete Manhole*3305.128 - 5' Concrete Manhole*3305.132 - 4' Extra Depth Concrete Manhole*3305.133 - 5' Extra Depth Concrete Manhole*3314.250 - 6" HDPE Pressure Pipe, Force Main3314.254 - 8" HDPE Pressure Pipe, Force Main3331.045 - 8" PVC Gravity Sewer Pipe3331.053 - 12" PVC Gravity Sewer Pipe3331.089 - 6" Sewer Service0241.011 - Grout Fill 8" Utility Line0241.013 - Grout Fill 12" Utility Line0241.016 - Grout Fill 16" Utility Line0241.028 - Remove 4" 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 Valve0241.094 - Salvage Fire Hydrant0241.095 - Salvage Water Meter0241.096 - Remove Concrete Water Vault0241.010 - Grout Fill 6" Utility Line0241.011 - Grout Fill 8" Utility Line0241.029 - Remove 6" Utility Line0241.030 - Remove 8" Utility Line0241.050 - Remove 4' Utility Manhole0241.054 - Remove Utility Junction Structure (Lift Station) 3314.262 - 12" HDPE Pressure Pipe, Force Main 23456789 7475767778798081828310111213141516525354555657 92 CCO1.1CCO2.1CCO2.2CCO2.3CCO2.4CCO2.5CCO2.6CCO2.7CCO2.8CCO3.1 BID ITEM SUA #1 585,659.25 2,457,653.45 13,898,958.57 Revised Estimate $ $ $ 132,187.36173,223.16173,223.16 2,325,466.092,457,653.45 SUA #1 No Change Estimated Costs $ $ $ $ $ Total Estimated W/SUA#1 Qty Change - 412,436.09 412,436.09 1,881,852.60 1,881,852.609,106,599.563,592,143.00 12,698,742.56 12,698,742.56 Estimated Costs $ $ $ $ $ $ $ $ $ Unit Cost TOTAL EASEMENT COSTS TOTAL CITY STAFF LABOR Unit BETTERMENT RATIO OF 0% TOTAL ESTIMATED PROJECT COSTS ESTIMATED AMOUNT REMAINING: Quanity ESTIMATED UTILITY REIMBURSEMENT REIMBURSEMENT REQUESTED TO DATE: EASEMENT COSTSCITY STAFF LABOR Easement Costs3rd Party Attorney FeesCity Staff LaborCity Staff 42% Labor Burden CONSTRUCTION - ORIGINAL ESTIMATED Description BID ITEM 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 2LF$4,540.00 0241.011 - Grout Fill 8" Utility Line 227 $ 20.00 02 41 14 30241.013 - Grout Fill 12" Utility Line 916LF $ 21.00$19,236.00 02 41 14 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 10EA$11,900.00 0241.056 - Remove 6" Water Valve 17 $ 700.00 02 41 14 11EA$2,250.00 0241.057 - Remove 8" Water Valve 3 $ 750.00 02 41 14 12EA$8,800.00 0241.059 - Remove 12" Water Valve 11 $ 800.00 02 41 14 13EA$1,700.00 0241.060 - Remove 16" Water Valve 2 $ 850.00 02 41 14 14EA$12,750.00 0241.094 - Salvage Fire Hydrant 15 $ 850.00 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 38EA$55,000.00 3314.323 - 4" Water Meter, Vault and Appurtenances* 1 $ 55,000.00 33 14 18 39EA$65,000.00 3314.3xx - 8" Detector Check, Vault and Appurtenances* 1 $ 65,000.00 33 14 18 40EA$8,000.00 3314.327 - 6" Gate Valve* 2 $ 4,000.00 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): $6,721,077.006,721,077.00 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 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$20,000.0020,000.00 3331.089 - 6" Sewer Service 8 $ 2,500.00 33 31 14 TOTAL BID AMOUNT (Unit II): $2,916,661.002,916,661.00 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 SEE U00017637 CITY OF DENTON AGREEMENT- RCSJ 0195-02-079 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$220,000.00 33 14 18 ALTERNATE 1 - PROVIDE PRICING FOR ONLY ONE 1023305.100 - 16" DIP Water Carrier Pipe*1,142LF$- 33 05 07 33 05 15, 102a3305.110 - 20" HDPE Water Carrier Pipe1,142LF$150.00$171,300.00 33 14 14 ALTERNATE 2 - PROVIDE PRICING FOR ONLY ONE 1033314.014 - 16" DIP Water Pipe*12,433LF$- 33 05 07 33 05 15, 103a3314.222 - 20" HDPE Pressure Pipe, Water12,433LF$266.00$3,307,178.00 33 14 14 ALTERNATE 3 - PROVIDE PRICING FOR ONLY ONE 1043314.017 - 16" DIP Water Pipe, CLSM Backfill*210LF$- 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): $6,345,888.00 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): $310,740.00 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 BCPWF!UPUBMT!)Voju!J!,!Voju!JJ* 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. !%:-748-849/11 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): 08/07/2023, 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): 300 Estimated Completion Date (mm/dd/yyyy): 06/02/2024 ________________ ______ __________ 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 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 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ 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 Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 3 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 4 of 18 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 5 of 18 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, City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 6 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 7 of 18 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 8 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 9 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 10 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 11 of 18 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: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 12 of 18 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 13 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 14 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 18 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 18 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 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