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2013-203ORDINANCE NO. 2013 -203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES RELATING TO THE MAYHILL ROAD WIDENING AND IMPROVEMENTS PROJECT, BY AND BETWEEN FREESE AND NICHOLS, INC. AND THE CITY OF DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4511 — PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT NOT -TO- EXCEED $488,835, WITH THE TOTAL CONTRACT AMOUNT NOT -TO- EXCEED $5,040,742). WHEREAS, the City Council deems it necessary and appropriate and in the public interest to continue to engage the engineering firm of Freese and Nichols, Inc. ( "FNI "), a corporation, with its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109, to provide the City with professional engineering and design services pertaining to the City of Denton Mayhill Road Widening and Improvements Project from Interstate Highway 35- E to University Drive (U.S. Highway 380), hereafter referred to as the "Project," together with engineering services for said Project; and WHEREAS, the City Council previously considered and approved by Ordinance No. 2010 -269, enacted on October 19, 2010, a Professional Services Agreement for Architect or Engineering Services (the "Agreement ") pertaining to the Project, which Agreement was in the amount not -to- exceed $4,501,530; and WHEREAS, the Agreement was modified by Change Order, being Amendment No. 1 to said Agreement, dated January 9, 2013 in the lump sum amount of $50,377 to include services regarding asbestos survey of existing structures to be removed, resulting in a revised total contract amount at that time, not -to- exceed of $4,551,907; and WHEREAS, the City staff has reported to the City Council that this project is a major project and there is a substantial need for the hereinabove described further professional services by the City of Denton; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; FNI has performed professional services for the City on prior engagements and is well — qualified to perform this project; and WHEREAS, the City Council hereby is of the opinion, and finds and concludes that FNI is appropriately qualified under the provisions of the law, to be retained as an engineering firm for the City respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of fiends to be used for the procurement of the foregoing professional services, as set forth in the 1 "Second Amendment to a Professional Services Agreement for Engineering and Design Services" pertaining to the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a "Second Amendment to a Professional Services Agreement for Engineering and Design Services" (the "Second Amendment ") with the engineering firm of Freese and Nichols, Inc., a Corporation, for professional engineering and design services pertaining to the Project, as hereinabove described, in substantially the form of the Agreement which is attached "hereto' and which is incorporated herewith by reference. SECTION 3: The award of this Second Amendment is on the basis of the demonstrated competence and qualifications of the firm of FNI, and the ability of FNI, to perform the professional engineering and design and related services needed by the City for a fair and reasonable price and on the basis of changes to the overall scope of services of the Agreement. SECTION 4: The expenditure of funds as provided for in the attached Second Amendment is hereby authorized. SECTION 5: This ordinance shall become effective upon its passage and approval. PASSED AND APPROVED this the Zd#1 day of , 2013. MARK A. $U GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Q U APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2 STATE OF TEXAS COUNTY OF DENTON SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES (FILE #4511) This "Second Amendment to a Professional Services Agreement for Engineering and Design Services" (hereafter the "Second Amendment ") is made and entered into as of the 2L#1 day of ALuL<& 2013; by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER;" and Freese and Nichols, Inc., a Corporation, with its office at 4055 International Plaza, Suite 200, Fort Worth, Texas76109, hereinafter called "FNI" each acting herein, by and through their duly authorized officials, officers and representatives. Previously, on October 19, 2010, the City of Denton, Texas engaged the firm of Freese and Nichols, Inc., by a "Professional Services Agreement for Engineering and Design Services" (hereafter the "Agreement "), in order to perform professional services related to the Mayhill Road widening and improvements project. The Agreement provided for an expenditure of not- to- exceed $4,501,530 for such professional services and particularly described the services to be rendered therein; the City Council, by Ordinance No. 2010 -269, approved said Agreement; and As work progressed by FNI under the Agreement, it became necessary for the expansion of the original Agreement because of the necessity to include services for an asbestos survey of existing structures to be removed, resulting in an increased amount of $50,377, and a total price for services of $4,551,907; said additional work at that time was done in accordance with delegation of authority, by a Change Order, approved on January 9, 2013; and As work further proceeded on the project, the scope of services in the Agreement, and First Amendment have changed to include additional services necessary to complete this project. These services are set forth and described in a sixteen (16) page letter, marked as Exhibit "A," which is attached hereto and incorporated herewith by reference; the proposed expansion of services totals an additional $488,835, which totals the sum of $5,040,742. Accordingly, the OWNER and FNI have proposed this "Second Amendment to a Professional Services Agreement for Engineering and Design Services" (hereafter the "Second Amendment "); which Second Amendment provides for additional professional services fees of not -to- exceed amount of $488,835, totaling a fee of not -to- exceed $5,040,742; and request that this Second Amendment be approved in order to continue the necessary services by FNI on the project in an uninterrupted manner; and WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree to amend the terms of the Original Agreement and the First Amendment relating to the Project for the second time (the "Second Amendment ") as follows: ARTICLE I INCREASE OF COMPENSATION AMOUNT The total amount to be paid for professional services the Second Amendment is not -to- exceed $5,040,742. This is the aggregate of the Agreement price of not -to- exceed $4,501,530 the change order price of not -to- exceed $50,377, plus the additional amount authorized by this Second Amendment of $488,835. ARTICLE II EFFECT OF THIS SECOND AMENDMENT FNI and OWNER hereto agree, that except as specifically provided for by this Second Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Original Agreement and the First Amendment, shall be and will remain in full force and effect. ARTICLE III ADDITIONAL SERVICES FNI and OWNER hereby agree that Exhibit "A ", being a sixteen (16) page letter attached hereto as Exhibit "A" hereby states the additional services to be rendered to OWNER by FNI IN WITNESS HEREOF, the City of Denton, Texas has executed this Second Amendment, by its duly authorized City Manager; and CONSULTANT has executed this Second Amendment by and through its duly authorized undersigned officer on this the Lo�" day of , 2013. THE CITY OF DENTON, TEXAS A Texas Municipal Corporation By: 96RGf-C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: L%lk JA)dtAO) 2 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: loo 4 ATTEST: By: «fwI» FREESE AND NICHOLS, INC. A Texas Corporation By: G CHRIS B. BOSCO, PRINCIPAL 3 4055 International Plaza, Suite 200 • Fort Worth, Texas 76109 • 817 - 735 -7300 • fax 817 - 735 -7491 mv .freese,rcjw June 11, 2013 Mr. Frank Payne, P.E. City Engineer City of Denton 901 -A Texas Street Denton, TX 76209 Re: Mayhill Road Widening and Improvements Amendment No. 2 Dear Mr. Payne: Freese and Nichols, Inc. is pleased to submit our fee proposal for additional services for the Mayhill Road widening and improvements project. The additional scope of services is divided into two sections consisting of additional right -of -way services and additional design services identified throughout the development of the project. Right- of -WaV Services: With the passing of Senate Bill 18 the State of Texas requires that municipalities follow a strict process of acquiring right -of -way that has resulted in additional effort to negotiate and coordinate with property owners throughout the extended acquisition timeframe. The extended time frame has also required many of the appraisals to be updated prior to offers being extended to property owners. Right -of -Way Agent Services A. Right -of -way Acquisition /Negotiations: The original scope of work was developed prior to the passage of Senate Bill 18 and the resulting modifications to the right -of -way procurement process. Throughout the extended process our right -of -way professionals continue to coordinate with property owners with phone communicate, property owner site visits, and meeting documentation. ($53,000) B. In order to maintain open communication with the property owners during the project our team held 37 individual meetings to explain the right -of -way acquisition process, timeline, and design approach. The also provide the property owners with an opportunity to ask questions of the entire team for a complete understanding of the project. ($21,680) ;.: 1 61 M Mr. Frank Payne, P.E. May 30, 2013 Page 2 of 4 C. Appraisal Updates: Appraisals older than six months are required to be updated /refreshed to verify that the appraisal is current with the market. Due to the more lengthy process required by Senate Bill 18 to acquire right -of -way many of the appraisals have had to be updated. To date we have had to update 29 appraisals with another 15 having a minor refresh prior to submission to the property owners. We anticipate an additional 25 appraisals will need to be updated throughout the remaining duration of the project. ($73,950) D. Review and Coordination of Appraisal Updates & Title Commitments: The right -of -way agent is responsible for ordering, scheduling, tracking, reviewing and submitting each of the updated appraisals and title commitments. ($29,120) E. Additional Appraisals: With the additional scope of service to include a portion of Spencer Road in the project scope we anticipate that 3 additional appraisals will be needed. ($12,000) F. Appraisal Scenario Study and Market Study: In order to make the most cost effective design decisions for the project our team performed two alternative analysis studies. ($5,660) G. Relocations: The original contract included 12 relocations; however as the project has progressed our team has identified 3 additional displacees and 5 landlords that are eligible for relocation benefits. ($34,500) Freese and Nichols Services N. Additional ROW status meetings and meetings with landowners: The project team typically meets with City staff twice per month to discuss the status of the ROW acquisition. These meetings were not part of the original scope of services for the project. FNI staff attended 8 of these meetings during 2012, and we assume that our team will prepare for and attend 20 additional meetings on this project. ($38,660) Design Services: Throughout the development of the Mayhill design our team has encountered several challenges that have resulted in additional design services. The additional design services include expanding the scope to include a portion of Spencer Road to meet the intersection grade requirements and improvement the Spencer Road culvert crossing. The segment of Mayhill Road between Quail Creek Road and Spencer Road was also modified due to limitation with the landfill permit boundary that resulted in additional survey and redesign of that segment. This request also includes preparation of demolition exhibits for the structure removal, DCTA retaining wall analysis, and the detention pond analysis for the outfall design near Cooper Creek. A. Spencer Road Paving Improvements: The original scope of work included a tie -in to existing Spencer Road. The City asked FNI to add the design of the replacement of the Spencer Road culvert west of Mayhill Road, as well as raise the profile of Spencer Road. ($31,490 — Design) / ($9,380 — Culvert Analysis) Mr. Frank Payne, P.E. May 30, 2013 Page 3 of 4 1. Prepare preliminary and final paving plan and profile sheets. Prepare cross sections. 2. Perform hydraulic computations to determine culvert sizing. 3. Prepare preliminary and final storm drain and culvert plan and profile sheets. 4. Prepare preliminary and final retaining wall and grading plan sheets. 5. Coordinate with right -of -way agent to obtain two additional parcels on the north side of Spencer Road. B. Realignment of Mayhill Road from Quail Creek Road to Spencer Road: After the alignment of Mayhill Road was accepted on the approved schematic design, the City asked FNI to realign Mayhill Road to the west side of the existing gas line for approximately 3,200 feet. ($19,100) 1. Revise paving plan and profile design. 2. Revise drainage plan and profile design. C. Prepare Demolition Construction Package. FNI will coordinate the asbestos survey and remediation; as well as prepare plans and specifications for the demolition of 19 structures. ($15,130) 1. Coordinate the survey of asbestos - containing materials. 2. Coordinate the preparation of asbestos remediation specifications. 3. Prepare one exhibit for each building to be demolished. 4. Prepare specifications and front -end documents for the demolition contract. 5. Attend pre -bid meeting, pre- construction meeting, and final walkthrough. D. DCTA bridge retaining wall design: When the project was originally scoped, embankments were envisioned for the DCTA bridge. As the design developed, retaining walls were chosen as the best option to reduce the right -of -way footprint for the approaches to the DCTA Bridge. This scope includes geotechnical analysis and design of VISE walls. ($24,040) E. Detention Pond Analysis: The conflict with the existing detention pond at Prominence Square required an analysis of several options. ($5,400) F. Additional Topographic Survey: During the course of project design, additional topographic survey needs were identified. These areas were not included in the original survey scope of the project, and included areas near the intersection of existing Mayhill Rd. and Edwards Rd. (4.1 acres), the west side of the gas line from Quail Creek Rd. to Spencer Rd. (9.7 acres), Spencer Rd. and the adjacent culvert and channel (3.0 acres), the limits of the detention pond at Prominence Square (4.8 acres), and additional survey of Cooper Creek upstream and downstream of the Mayhill culvert (6.6 acres). ($25,135) Mr. Frank Payne, P.E. May 30, 2013 Page 4 of 4 G. Asbestos Remediation Services: The ConXsis Group, Inc. will prepare asbestos remediation specifications for the structures to be removed from the right -of -way, as well as air monitoring during demolition. The proposal from ConXsis is attached to this proposal. ($97,690) H. Archeological Investigation (REMOVAL FROM SCOPQ: After the initial analysis of the project site by the team's archeological investigator, a recommendation was made to the Texas Historical Commission that further investigation was not required. THC concurred, and the detailed analysis has been removed from the project scope. (- $33,360) Attached you will find our fee proposal summary for the proposed improvements for your review. Freese and Nichols will provide the above additional services for a proposed fee of $488,835. Please note that this fee proposal does not include anticipated asbestos remediation services or construction materials testing. Proposals for those services will be provided at a later date. We are available at your convenience to meet and review this proposal. Please feel free to call with any questions at 817- 735 -7359. Sincerely, Freese and Nichols, Inc. Chris Bosco, P.E. Principal Enclosures Rev. 06/10 EMO� NICHOLS CONTRACT CHANGE AUTHORIZATION FORM Amend #2 Client: City of Denton, Texas 901 -A Texas St. Denton, TX 76209 Attn: Mr. Frank Payne, P.E. FNI Project No.: DTN10304 Client Contract Ref.: Date: June 4, 2013 Project Description: Mayhill Road Improvements Description of Services Added /Deleted: As detailed in the attached proposal letter dated June 4, 2013. Deliverables: As detailed in the attached proposal letter dated June 4, 2013. Compensation shall be adjusted as follows: The described services in the proposal letter shall be completed for a lump sum amount of $168,335, and a not to exceed fee of $320,500 for a total amount of $488,835. Original Contract $4,551,867.00 Amended Amount $488,835.00 Revised Total Contract $5,040,702.00 The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force and effect. ❑ A contract modification will be submitted. ® This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: CITY OF DENTON, TEXAS: BY: Cl L'hnj Print or Type Name TITLE: �IiAC'Iy�� M Print or Type Name TITLE: DATE: 6-11-13 DATE: 4055 INTERNATIONAL PLAZA, SUITE 200 1 FORT WORTH, TEXAS 76109 -4895 1 TELEPHONE: 817 - 735 -7300 1 METRO: 817 - 429 -1900 1 FAX: 817 - 735 -7491 L:1Resourceslcbsl Freese and Nichols, Inc. ADDITIONAL SERVICES FEE PROPOSAL SUMMARY MAYHILL ROAD WIDENING AND IMPROVEMENTS BASIC SERVICES Roadway and Drainage Design = $ 128,420 Lump Sum Culvert Design = $ 9,380 Lump Sum BASIC SERVICES = $ 137,800 SPECIAL SERVICES (DESIGN PHASE) Detention Pond Analysis = $ SPECIAL SERVICES (DESIGN PHASE) = $ SPECIAL SERVICES (SUBCONSULTANTS) REIMBURSABLE EXPENSES 5,400 Lump Sum 5,400 Topographic Survey Services = $ 25,135 Lump Sum Archeological Survey = $ (33,360) Cost Plus Not to Exceed Right -of -Way Services = $ 252,920 Cost Plus Not to Exceed Asbestos Abatement Services = $ 97,690 Cost Plus Not to Exceed SPECIAL SERVICES (SUBCONSULTANTS) = $ 342,385 Design Phase = $ REIMBURSABLE EXPENSES = $ 3,250 Cost Plus Not to Exceed 3,250 PROJECT TOTAL (BASIC, SPECIAL, EXPENSES & SUBCONSULTANT) $ 488,835 1 of 6 Amendment 02.xlsx 6/11/2013 Freese and Nichols, Inc. SUBCONSULTANT SERVICES MAYHILL ROAD WIDENING AND IMPROVEMENTS Additional Additional Work Completed Anticipated COST PLUS to Date Cost COST MARKUP RIGHT -OF -WAY Right -of -way Acquisition Services $31,800.00 $21,200.00 $53,000.00 $58,300.00 Additional Property Owner Meetings $16,280.00 $5,400.00 $21,680.00 $23,850.00 Coordination & Review of revised appraisals $10,280.00 $9,000.00 $19,280.00 $21,210.00 Coordination and Review of Title Commitments $5,240.00 $4,600.00 $9,840.00 $10,830.00 Appraisals $0.00 $12,000.00 $12,000.00 $13,200.00 Appraisal Updates $41,450.00 $32,500.00 $73,950.00 $81,350.00 Appraisal Scenario Study $2,300.00 $0.00 $2,300.00 $2,530.00 Planner Market Study $3,360.00 $0.00 $3,360.00 $3,700.00 Relocation Assistance $0.00 $34,500.00 $34,500.00 $37,950.00 Right -of -Way Total: $252,920.00 BOUNDARY / TOPOGRAPHIC SURVEY (Arthur Surveying) Topographic Survey $22,850.00 $25,135.00 Boundary/Topographic Survey Total: $25,135.00 ASBESTOS ABATEMENT SERVICES (The ConXsis Group, Inc.) Asbestos Abatement Specifications and Air Monitoring $88,808.00 $97,690.00 Archeological Services Total: $97,690.00 ARCHAEOLObICAL SURVEY (AR Consultants) Cultural Resource Survey and Coordination wl THC ($30,325.00) ($33,360.00) Archeological Services Total: ($33,360.00) SUBCONSULTANT SERVICES: $342,385.00 2 of 6 Amendment 02.xlsx 6/11/2013 Freese and Nichols, Inc Mar h II - - Refit of mat Senlces - - - Detailed Cost Breakdo- SERVICES I ROW Managers ROW Agent DESCRIPTION 3 ofG Amendment 02xkx 81112013 S 31.6116 :..:: Anticipated Coordinadon:rvith - '- ";.. PhoneCommtmicud6 a'(IO —01. O- il0has) ,- _.. 20 -, 100�:� -:" ;_ ". ":r... ,.':: .. " -: -- -'_ -- 120 S 10000 ..::..- Site MeednGS xidtPro - 'Oamers.00 moarhs� 4hrs) - -- :. 40 _ ::.. -. - - -: -:: 40 S 3.200 - "Meetme/PhoneD&amematied(lO monihs iq 101-) -. - = 100 '_ 100 S 81000 H. :! ee76e Prnperr�UmerMrztinesf7) -._ 74 111'..- _ ,. -. .: _- - -. -.. .• 185 S 16,280 -� -• 1211 /201P.MeelmgsasiOi Mr. Nelson.Mr Halsey - ';- 1112J2010:MminS niffi Alc Barber ._ -; �• i /601Ol0:M —i pWith W Stool. Mr Clay, Calhouns : " : -' . ": •- _. - -. `- 1217,2010: Mettiogpidl Mr. Nelms -- - _•4/27 /2011: Meamg rift CaBmtms - - -_ - 6124P_011. Meedngxath Mr.Cooper _- • &1XO11:Meeting-mith Manmos �. = 9115/ 3011: Meeting niihMs. Aaggardand Mr Dott : - - � - 9119201 L. Meeting n1$ M. Nelms; Me. Dannelly -- 10114 0 -01.1: Meehng7vQt WNelson - - - ' ` -; 1/272012 :Meefing�iiLhAChy -:• 71222(1 L: Jornl meeting nith Ier. Slant i td W. Halsey -_: - .- 3B201-7i Meeting with Mr. Dori - 7.4/19IM2- Meefingnirh Mr Donnelly .5/16122012: Meeting diih W. George -•512912012 Meemnp nith:Ms. 11ggard, m'. DLn,., Taiunos, Mr - _� Halll'ord = __•8/152012;MeetmgsmiIhMr_ Sbelton(Prormnence) and Mu Oarn 8 /29 12012:MwLiog.%ithMr.Nelms and Mc Dore s _ ' . 1130/2013: Metrr.emffiMr. Hrdge, W Biabap. and Mr. ATO - - - - _ Wtificpale.ao addiliooallOpmPemouvet rneeloi8s 30 60 S 5,400 5 11.680 C. ' - -� "Appraisal Updates h9.- Ulidates iompleled to dslc Plus'15- minor o dates S 41,450 25 Anticipated updates S 32,500 73950 D - :Rmiesi•. /Coordnution oCApDraisalUPdales- 29 ComPleled- IODare : -- '�- __ -: - :: ". 10 126 S 10,280 10 ..'' -.- '100- ..` -.' - -_ -.. - . -.a, -: 130 S 9,000 S 19.280 `{ Tide Cotmnitrnm Coordination and Reyiety - :':- - -29 -Coin leted w Date '::,_ 58 ..: . ,• -'r, ._ -. -.: ::- - I ..i .- '...., 64 $ 5,140 -` -" 25Ari[itiPaledw'Complete the Project _ _ °.:.: -. b - - - :,: 70 56 S 4.600 - S 9.840 E. r? Additional Ap, —ials ;- 3:APpmanlsfor:SDeneet.Road- S 12.000 ".Appraisal Swdr and-Market Std, - Sceao Snxh• S 2.300 Market Swdc._ ;,• ... - -... __.... - .. -.. :. : ,. :- :_: >: -- : S 3.360 S 5.660 3add'monalrelocanonr. -' - alandfo<ds tli 'bletor.6eaefils S 15,000 S 34 500 TOTAL HOURS 186 1.065 1.251 Labor Effort S 18,600 S 85,200 S S S S S S Total Basic Sen'ices S1 ?9,910 3 ofG Amendment 02xkx 81112013 Freese and Nichols, Inc. -. Roadway and Drainage Resign _ Detailed Cost Breakdown BASIC SERVICES PM Roadway PE Ro�ay Lead CAD Roadway QC Gwtecb PE Gwwch EFT Geotech QC TASK LABOR DESCRIPTION Chris Bosco Spencer Mach Aitoo Steve Sasser John Dewar Marc Miller Micah ( Topp TOTAL TOTAL SUB- TOTALS M-11 Har—e Bosecker HOURS LABOR . -IL Total Basic 4 06 Amenament 02.xlsx 6/11/2013 S 31,490 - Pi- Monthl j, ROW Coordumtioa Mee ' gs - :.'_Pa -- - .BIan/Pro51e- -Cross Sactioo Revisions. -' 2 .: - 16 _ 301. 40 ',.. - - P.W. -e for Attend M- tines_ : : " ". ... .'` - " -: 56 : :- .,.'166. -..- _� , -- - - :`Draioaee PlaO/Piofiieatnisions ".: -_ - : :. ::._: 4 -- -.. -. , ;._ - 224 S 38,655 _:_ ,' -'. 54 S 6.839 S 38.660 S 19,100 C. "- Pr O are Dtinolition Construction Package - - S .. Pre ate Eaiabits (19) -. - -- -' `-_- ` . - 1 19 19- - 38 �' '_ i 78 S 10.274 .. ''-. Brepaie Front- End Dor:iprteats .r .- .. _ -.- 7 - -- S :. :- --16 - Pavnig P1an/Prolik for Sp==-Boad ': - 1- 16 40 40 ' :Attend Pre -Bid Mectme -: =� -: i.. '1 :. _ -_ q 97 S 12.116 :: '.: :-- Dramaee Area Maps. -. -._ 4 . -' 1 2: _8 ';;` -4 -.. : -_ ^: -_. : - ::: . : - -' : ". 15 S 1.907 4 S 649 ._: Draiaaee Plao/RroEde -.. ;:- I ''- 8 _ 20 ;. - 30 , ,. - :. t - :. -' -_ i9 S 7,370 - - D. . Class Sections 8 ` B ,:' 9 -i- Stabilits-Calmlationsand Memo - . ,:. Ret$ininz Shall_ :: -- _ i -1 ._:- 8 _.'.. 20, - -'.r 2U : ._- -_ : - . -- -'. . -- 49 S 6.]60 -. ... - -:_4 (lt Ar.d6v' -.-' .'I $ 12.561 - 4 1 _., _ ,. _- 4 S 1.053 :._ 6'..-' Total Basic 4 06 Amenament 02.xlsx 6/11/2013 S 31,490 - :.'_Pa -- - .BIan/Pro51e- -Cross Sactioo Revisions. -' 2 .: - 16 _ 301. 40 ',.. 4 92 S 12.254 . - :`Draioaee PlaO/Piofiieatnisions ".: -_ - : :. ::._: 4 -- -.. 16:: - 32 - - -: :.2 " -. -_- _:_ ,' -'. 54 S 6.839 S 19,100 C. "- Pr O are Dtinolition Construction Package - - S .. Pre ate Eaiabits (19) -. - -- -' `-_- ` . - 1 19 19- - 38 �' '_ i 78 S 10.274 .. ''-. Brepaie Front- End Dor:iprteats .r .- .. _ -.- 7 - -- S :. :- --16 - 1 26 S 3.554 ' :Attend Pre -Bid Mectme -: =� -: i.. '1 :. _ -_ q `: -` r-:.- :: '.: .: ` 4 S 649 ATumA?m- CwmbmctimM ._ ; -:; ": 4 _ -' -: : - ::: : ,:: , : -- -' 4 S 649 S 15,130 - - D. DGTA Rersiniee Wall Anab ris -i- Stabilits-Calmlationsand Memo - - -- _ 14 -- . 28.- 42 S 5.759 - -: Prepare Retaioin A'all PLw/Prafile:SBeat3 20 -, 40 :� -_:: - 40 : -. ... - -:_4 ..'. f' -.-' .'I $ 12.561 - :- QClleview. -_::_ - ,._. -. - _., _ ,. _- ___::_.: -.- -- :._ 6'..-' 6 S 1.181 Plan Retdew : :. . -. _ - -_- _. ;... . :.. ._ -.. ... 24. -.. _:. - : :? 24 S 4533 S 24,040 TOTAL HOURS 65 285 217 248 12 38 2S 6 799 Labor Effort S 13.241 S 46224 S 24 -274 S 30024 1 S 3.1581 S 71781 S 3.114 S 1181 Total Basic 4 06 Amenament 02.xlsx 6/11/2013 Freese and Nichols, Inc. - - - rMaybil] Road Dram age De and Analysis. Detailed Cost Breakdown BASIC SERVICES Task Manager /Q C lead Engineer, PE Design Engineer, EIT CAD TASK LABOR DESCRIPTION Kelly Dillard Hector Olmos Katie Hogan Cody Jones TOTAL HOURS TOTAL LABOR SUB -TOTAL BILLING RATE $194 1165 $125 586 Design Services: - Ai.. Spencer Road: Culvert Analysis -and Design - ..DesignCrilvert LaNOUt 4- 8 -- 12 - 24 $ 2,686 - Hydraulic Computations - ' 4 8'.. 12 $ 1,658 ' QC 30% Design - 7' - - 1 $ 194 Update Sheets and Models for 60%Desi_ga 2 4. 8 - - - _ - 14 $ 1,514 QC 60% Design - - ... 1 .. .. - - 1 $ 194 -- -. Update Sheets 'and-Models for 90 %Design -." - ' .2 4 8' "- 14 $ 1,514 90% Design 1 I $ 194 <pnalyzeslope Protection. -. - 1 -4 4. - 9 $ 1,007 Provide Bid Quantities 1 2 3 $ 415 _ - - $ 9,380 R. Detention Pond Analvsis - - - - - :Update HMS Model to Analyze 2- Scenarios -1. 3 6 -.- _- ', - 9 $ 1:144 Cooper Creek Impact Analysis _ :. 3 4 ,.: - -.: 7 $ 994 System Sizing for Flow to Cooper Creek'. - 4. 30 24 $ 3,157 $ 5,400 TOTAL HOURS 3 24 60 32 1 ] 9 LaborEfforl $ 5821 5 3.9551 5 7,4951 $ 2,7411 $ $ $ S Total Basic Services $14,780 5 of 6 Amendment 02.xlsx 6/11/2013 Freese and Nichols, Inc. REIMBURSEABLE EXPENSES MAYHILL ROAD WIDENING AND IMPROVEMENTS Expenses - Design and Bid Phase Services Expenses - Construction Phase Services Number Quantity Rate Unit Total Truck Rental 30 $1,000 Month $0 Broadband Internet 30 $80 Month $0 Mileage 0 1 D $0.50 Mile $0 Record Drawings (22x34 mylar) 400 $10.00 Each $0 Total $0 Subtotal: $0 FNI Markup: $0 TOTAL REIMBURSEABLE EXPENSES (CONSTRUCTION PHASE): $0 6 of 6 Amendment 02.xlsx 6/11/2013 Number Quantity Rate Unit Total Schematic Color Plots $10 Each $0 Full Size Plots $3 Each $0 Plots (Record Drawings) $10 Each $0 Report Exhibits (Color) $6 Each $0 Bound Reports $50 Each $0 Printing (22x34 plans) $3 Each $0 Printing (11x17 plans) $0.10 Each $0 Printing (Spec Books) $50 Each $0 Website Hosting $500 Year $0 Phase I ESA Database Search $250 Each $0 Mileage 59 100 $0.50 Mile $2,950 Total $2,950 FNI Markup: $300 TOTAL REIMBURSEABLE EXPENSES (DESIGN PHASE): $3,250 Expenses - Construction Phase Services Number Quantity Rate Unit Total Truck Rental 30 $1,000 Month $0 Broadband Internet 30 $80 Month $0 Mileage 0 1 D $0.50 Mile $0 Record Drawings (22x34 mylar) 400 $10.00 Each $0 Total $0 Subtotal: $0 FNI Markup: $0 TOTAL REIMBURSEABLE EXPENSES (CONSTRUCTION PHASE): $0 6 of 6 Amendment 02.xlsx 6/11/2013 con Ksis May 29, 2013 Spencer B. Maxwell, PE, PTOE Transportation / Infrastructure Group Freese & Nichols, Inc. (FNI) 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Re: Fee Proposal for Asbestos Abatement Management Services Structures Related to Mayhill Road Improvements Project — Denton, TX Dear Mr. Maxwell: We are pleased to submit this fee proposal to provide Asbestos Abatement Management services for the 14 "project structures" included in the Project. The 14 buildings included as part of this Abatement Management Services project are listed below. The total square footage of the 14 project structures is approximately 37,573 square feet. This proposal includes a brief discussion of background information, scope of services, performance schedule, and fees to complete the project Scope of Work. PROJECT STRUCTURES ID ADDRESS TYPE Area M119 1300 S. Mayhill Rd Single Fam. Res. - 1 1,040 M118 1250 S. Mayhill Rd. Single Fam. Res. - 1 1,335 M117 1230 S. Mayhill Rd. Single Fam. Res. - 1 1,295 M116 1150 S. Mayhill Rd. Single Fam. Res. - 1 1,248 M103 3921 Gayla Ln. Single Fam. Res. - 1 1,428 M101 1050 S. Mayhill Rd. Single Fam. Res. - 1 1,741 M072 301 N. Mayhill Rd. Single Fam. Res. - 1 1,943 M071 321 N. Mayhill Rd. Single Fam. Res. - 1 1,687 M052 821 N. Mayhill Rd. Single Fam. Res. - 1 2,055 M053 821 N. Mayhill Rd. Single Fam. Res. - 1 833 M120 2929 Spencer Rd. Single Fam. Res. - 1 1,337 M086 4001 E. McKinney St. Single Fam. Res. - 1 1,100 Lg. Indust. Bldg. - 1 4,373 Sm. Indust. Bldg. - 1 16,158 Total Square Footage 37,573 FEE PROPOSAL FOR ASBESTOS ABATEMENT MANAGEMENT SERVICES C 0 HKS (S ASBESTOS ABATEMENT MANAGEMENT SERVICES CONXSIS will develop asbestos abatement specifications and provide abatement management services based upon the results of the ACM Surveys services previously completed for the Project. The Client has determined that all Project structures are scheduled for demolition and will contract with an abate ment/demolition contractor(s) to perform the work. Develop Abatement Specifications: Prepare technical specifications that will include sections relating to scheduling, submittals, and asbestos abatement. The abatement specifications will be prepared by a Texas Department of State Health Services - licensed Asbestos Consultant. The bid document prepared for this project will include the following items: ➢ Areas identified for abatement work in the above identified buildings. ➢ Approximate areas of building materials identified to be removed during the abetment in each building. ➢ A CONXSIS representative can be present during the bid walk through to answer questions related to the performance of the work by the Abatement Contractors. ➢ Texas Department of State Health Services - licensed Asbestos Consultant will assist, if necessary, Prime Contractor and Client personnel to review the cost and qualification proposals /bids by Abatement Contractors. ➢ Identify documents that need to be submitted by the Abatement Contractor as part of bid document. ➢ Identify applicable state and local regulatory requirements for abatement process. Coordinate with Reoulatory Apencv. Conxsis will assist the (if needed) the Abatement Contractor in preparation and submittal of the 10- busines -day advance notification to the Texas Department of State Health Services regarding the asbestos abatement activities. Support Prime Contractor/ Client in Proposal Review/ Contractor Selection Process: Provide sources for names of potential asbestos Abatement Contractors for Client review, if requested. Assist in the review of abatement contractors' qualifications to perform the abatement work. CONXSIS will not recommend any specific Contractor for the project and will not have any direct involvement in the final selection of the Contractor by the Client. Perform Abatement Oversight Services: Provide experienced personnel on -site during critical phases of the asbestos abatement work. Observe the work to document that it is being performed in substantial compliance with the project specifications. Collect clearance samples to document the area's final cleaning and decontamination. Depending on the type of material being removed and the site conditions present, these samples will be analyzed using phase contrast microscopy (PCM). FEE PROPOSAL FOR ASBESTOS ABATEMENT MANAGEMENT SERVICES conKsis CONXSIS representatives will perform scheduled and unscheduled observations of the work to determine if the Abatement Contractor's progress is in accordance with the approved work schedule. These observations will also aid in approving the Contractor's applications for payment. Issue two copies of a report summarizing the air monitoring and work practice observations. This report will include a synopsis of the project, explanation of air monitoring and the results of analysis, daily air count summary sheets, photographic documentation of the work, and the pre- and post -job submittals presented by the Abatement Contractor. Coordinate Air Monitoring Services (Third Party Subcontractor): Supervise the collection and analyzing of air samples in accordance with 40 CFR, Part 763, Subpart E, Appendix A, by Transmission Electron microscopy (TEM) method to determine airborne fiber concentrations. Air sample analyses will be performed on site by a Texas Department of State Health Services licensed Air - Monitoring Technician for each abatement work area (containment) to indicate the effectiveness of the Abatement Contractor's work area enclosure. Support Client in Review of Contractor Invoices for Payment: CONXSIS will assist the Prime Contractor and Client with review and comment on the Abatement Contractor's requests /invoices for payment. Based on our observations of the work, we can assist in determining if the Contractor's invoices for payment are consistent with the work that was performed. FEES The Scope of Work listed in this proposal for asbestos abatement management consulting services will be performed on a lump sum basis. This proposal, including the Scope of Work, fees, and performance schedule, is based on currently available information for the purpose of establishing a project budget. The actual length of time for the abatement work schedule will primarily be determined by the Abatement Contractor. Consequently, a portion of our services will also be determined by the length of the abatement schedule. If the actual length of time required to perform asbestos Abatement Contractor- related services exceeds the time estimated in this proposal, we will inform FNI as soon as this situation is known. If any conditions require a change to the Scope of Work, budget, or schedule, FNI will be notified. Any additional work will be performed on a time and materials basis utilizing standard staff rates. An invoice for services rendered will accompany the final report. Terms are net 15 days. Estimated Fees for Asbestos Abatement Management Services Mayhill Road Improvements Project Denton, TX Service Description of Services Amount TSDHS - Licensed AGM Abatement Specification Preparation $13,146 Asbestos Consultant Project Management: Contractor Bid Walk- Through, $28,076 Periodic On -Site Observation During Abatement, Oversight of Air Monitoring Technicians FEE PROPOSAL FOR ASBESTOS ABATEMENT MANAGEMENT SERVICES 3 con S(S �X� Estimated Fees for Asbestos Abatement Management Services Mayhill Road Improvements Project Denton, TX Service Description of Services Amount ACM Abatement Closure Report $6,336 FEE — CONXSIS $47,558.00 Air Monitoring Technician (Third party Company) Field Monitoring, Air Monitoring and ACM Sample Analysis of Air Samples for Final Clearance The Air Monitoring Technician cost is based on 75 days $41,250 of abatement work days} FEE — AIR MONITORING SUBCONTRACTOR $41,250 ESTIMATED TOTAL CONXSIS & AIR MONITORING FEE $88,808 NOTE: Services required by the Prime Contractor or Client not defined above shall be requested in writing and shall be billed on a time and material basis with staff hourly rates. PERFORMANCE SCHEDULE We will begin planning this project upon receipt of an executed contract, written Notice To Proceed (last page of this document), or email authorization from FNI. We will provide one electronic copy and two hard copies of the Abatement Specifications to you within fourteen (14) days from the authorization date. On -site activities will be coordinated with the Freese & Nichols Project Manager and the Abatement Contractor. You will be notified if there are any delays beyond our control with regard to access, notifications, or permits. CLIENT/ PRIME CONTRACTOR RESPONSIBILITIES The Client and /or Prime Contractor are expected to provide the following: • Timely access during business hours to all project buildings necessary to complete the work • Electricity and water, as necessary, for all unoccupied facilities • Timely access to standard information used by the Client / Prime Contractor in bid documents • Removal of all materials and debris that inhibit the performance of the abatement activities CONTACT INFORMATION The Project Manager for this work will be: Manju Ramasamudra, REM Cell Phone: 214- 435 -3840 TDSHS - Licensed Asbestos Consultant Fax: 214 - 509 -0121 FEE PROPOSAL FOR ASBESTOS ABATEMENT MANAGEMENT SERVICES 4 conxs(s appreciate your time and the opportunity to submit this proposal for Asbestos Abatement Management services. If you have any questions, please call me at (214) 725 -5933 or call Manju at (214) 435 -3840. Sincerely, 4kz'�O ABDUL SHAKIR, PIVIP President THE CONXSIS GROUP, INC. PROPOSAL ACCEPTANCE / NOTICE TO PROCEED This fee proposal for Asbestos Abatement Management services is hereby accepted as evidenced by the signature below, and such a person so executing the same on behalf of the Client (Freese & Nichols, Inc.). The person does hereby warrant full authority to act for, in the name of, and on behalf of, Freese & Nichols, Inc. By execution of this agreement, the Client accepts the Scope of Work, estimated fees, and performance schedule presented by THE CONXSIS GROUP, INC. This fee proposal is valid for thirty (30) days from the date of the proposal. Authorized Signee for Freese & Nichols, Inc. (Type or Print) Authorized Signee for Freese & Nichols, Inc. (Written Signature) Date Date PLEASE EMAIL OR MAIL THIS DOCUMENT IMMEDIATELY UPON EXECUTION. SEE CONTACT INFORMATION IN SIGNATURE BLOCK. FEE PROPOSAL FOR ASBESTOS ABATEMENT MANAGEMENT SERVICES 5