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18-830 FILE REFERENCE FORM 18-830 Additional File Exists  Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amendment No. 1 to Agreement – copy is attached 10/15/18 JR ! '' ! � !' ' '• � _ • • • #' ! � • • � ' • � � � ; # ' ' ''' ' •'''!' � ! . . �. . . � � . *. � � . ' , ' . * "!" � • �:. � . #.,�,, � � , �, 1 . � #. . . ; � �•.; . ..� . �� ' '' • 1 #'' '' � " • l ' !'' ' ! ..� � . �. . � � •� � ..* � . � . • �• � • . . i � ! • ' � !''!'' • � R . �.'... � i .. # � � � ��. � �.' •,, ... . ♦ .. � �', : *, .. �: .. .� �'. � �� ..� � ��'�'.. � �' � . • � s ' � . / � # `� r � ' � . ' � . � . � � • . - 1 : . • - � � - � . - . • � �- . . � r. . � _� � • . - � • - - -� . . � . � . -� � - �. • �- � . -• � •- - - . r � . . • � � - + . • � � � - � � � - � . - - , �' ' �� _ __ �- _ � •�� -� _�� - � . r ��-, � ��,� - .��• -� �� - . . . . . � � * � . - - � - •-� � , - . � -- • � -� � - • � - � . . • , • . � # .� - r . . * •- r � - � . � -- •• � . _.� . �• • �-� � • " •'' • ! • 1 ! ' ; �� . ! . - . ,*- . .� . � -• � - . � . � � . � � . � • . . . • • � . � � .. . . • . � . � � . � . � r . . � - • . . - . . - � - _ . � • . - , � - . � • � . . -, - - � . • # �#' '• � SECTION 2. The City Manager is authorized to expend funds as required by the attached contract, •' - � � - � !- � - . - -r - • - �- ._, _ . . • • . - . . r . , s- . -� � �- -r • .- •- • -� . _ • �- �,. •- - ' • . '! 1 • - . .+- • - � �. • - . � �- . .. __SECTION_4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and —_____ �....____...........m__.....�_. � approval. The motion to �� q��°�� i� ordinance was made b � ��"� ��D� � ��" ��" � ��' � and seconded by Y �� ... _ __ ��r�"��,� �'��'�'� �,� �, the ordinance was passed and ��g�°�� ..s�l by the following vote [� - �] : 4 Mayor Chris Wattst Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Dalton Gregory, At Large Place 5: Paul Meltzer, At Laxge Place 6: Aye Nay Abstain Absent � .�� „,�' � �� ^�"�... �.�� ......_ -.... _ - --- --- --- CHRIS �'� TTS, MAYOR ATTEST: JENNIFER W,r�:[ �'� : , CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTO� l� ��"�"" : DocuSign Envelope ID: 446FB25C-5865-417A-8568-93E69B5E66EA r , �� ii a i % � /r %i � //�/�'' % ' , ' i/ /��G ///� � � � ,'l%i�/�� ii /� v/ �� /%� % �fi, i ; �/� ` � � � 1 / � // % �/ I; /� � � /� � �%/ .. i�1 ! % /� !l � �i/' %� �� %G ,ar J -� ' Docusign City Council Transmittal Coversheet RFQ 6590 File Name Hickory Creek East Purchasing Contact 7amie cogdell City Council Target Date May zz, zois Contract Value zao,000.00 �No .�..__........._.. ...w .__--___..........�. I Piggy Back Option Contract Expiration "/A Ordinance DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER FILE 6590-011 THIS AGREEMENT is made and entered into on ____________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East TranSystems Corporation dba TranSystems Corporation Consultants, with its corporate office at 500 West Seventh Street, Suite 1100, Fort Worth, TX 76102 hereinafter call and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 5, in connection with the Project. The Project shall include, without limitation, the design of Hickory Creek Road East. SECTION 2 COMPENSATION The Owner shall compensate the Design Professional a total not to exceed amount of $240,000 as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $205,826. 2.1.2 Progress payments for Basic Services shall be paid in the following tasks of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services (Special Service) Task 7. Survey and SUE Services Task 8. ROW Services (Special Service) Task 9. Geotechnical Investigation (Special Service) Task 10. Public Involvement (Special Service) Page 1 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Task 11. Permitting (Special Service) Task 12. Miscellaneous Design Services (Special Service) 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services not to exceed $29,824. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $4,350.00 without the prior written approval of the Owner. SECTION 3 INVOICES Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. SECTION 4 Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. Page 2 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA (EX: Contract 1234 Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council website within seven business days. Page 3 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA SECTION 5 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. 3. Attachments A through B. 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. This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY:__________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ DESIGN FIRM BY:__________________________ (Signature) ______________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER Page 4 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 ign Professional's employees and consultants as enumerated in Articles 2 and 3 o 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely tiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design scribed in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. Page 5 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA 2.5.2 In the event the bids or negotiated cost of the Project exceed the total construction cost of the Project as set forth in the approved Detailed Statement of Probably Construction Costs of the Project submitted by the Design Professional by more than 20 percent, the Design Professional, upon notice from the Owner and prior to the award of the construction contract, agrees to modify, at the Design Professional's sole expense, the Design Professional's Contract Documents (or those portions of the documents where bids exceeded the stipulated percentage). This redesign effort shall constitute the Design Professional's sole responsibility with respect to its estimates of probable construction cost, and the Owner agrees to cooperate with the Design Professional in revising the Project scope and quality in order to reduce the bids or negotiated price so that they do not exceed the Design Professional's estimate of probable construction costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least two times a month, while construction is in progress, and as reasonably necessary while construction is not in progress, Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather are to allow the Design Professional to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. If the Owner desires more extensive project observation or full-time project representation, the Owner shall request that such services be provided by the Design Professional as Additional Services in accordance with the terms of this Agreement. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. To the extent caused by the negligent acts or omissions of the Design Professional, the Design Professional shall promptly correct any designs or specifications furnished by the Design Professional that fail to meet the Degree of Care at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and take appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to minimize delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Page 6 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for damages to the extent caused by the designs the Design Professional prepares that fail to meet the Degree of Care; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES (SPECIAL SERVICES) 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. Page 7 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 to the extent caused by the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 to the extent caused by the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. Page 8 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's professional judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project Page 9 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Des notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. Page 10 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 To the fullest extent permitted by law, the Design Professional shall indemnify and save and hold harmless the Owner and its officers, and employees from and against damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, to the extent caused by the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 y Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insu Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled sional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior all not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 11 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 12 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date Page 13 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date Page 14 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information in this section is being disclosed. 3 Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date Page 15 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$4b013a757864$0f3981c5-2d34-45de-9ec0-0fd70fff79d1.doc DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA TranSystems th Street 500 West 7 Suite 1100 Fort Worth, TX 76102 Tel 817 339 8950 Fax 817 336 2247 www.transystems.com April 24, 2018 Lee Perry, P.E. City of Denton–Engineering Capital Projects 901 TexasStreet Fort Worth, TX 76102 RE: Hickory Creek Road East Mr.Perry, Per your request we present this proposal forthe design of Hickory Creek Road East. The limits of the project are fromTeasley Lane to FM 2499.We understand the purpose of the project is to extend of eastbound lanes of Hickory Creek Road from Nautical Lane to FM 2499. The scope includes survey, subsurface utility engineering, roadway design, drainage design, illumination study and design, pavement marking and signage,traffic signal design, and right-of-way servicesfromTeasley Lane to FM 2499.The detailed scope of services is attached to this letter as Attachment A. The detailed breakdown of the schedule of rates fee is attached as AttachmentB.A summary of the proposed fee is below: Hickory Creek Road Design Services: Project Management and Design.............................................................................$149,217.00 Construction Phase Services...................................................................................$16,180.00 Topographic Survey and SUE Services..................................................................$43,052.00 Right-of-way Services...............................................................................................$6,629.00 Geotechnical Services..............................................................................................$6,170.00 Permitting Services...................................................................................................$6,248.00 Miscellaneous Design Services...............................................................................$12,504.00 Total$240,000.00 The work in this agreementincludes12.4%participation by M-WBEfirms. If you have any questionsor need additional information, please feel free to give mea callat 817-334-4430.We appreciate this opportunity and look forward to working with you on this project. Sincerely, TranSystems Corporation Consultants Chad Gartner, PE Assistant Vice President Attachments (3) Page 1of1 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA ATTACHMENT “A” Scope of ServicesforHickory Creek RoadEast Extension The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performedand address the needs of the Project. Under this scope, ENGINEER is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. GENERAL OVERVIEW TranSystems Corporation dba TranSystems Corporation Consultants, (ENGINEER) has been contracted by the City of Denton(CITY) to design roadway/drainageimprovements for CITY for Hickory Creek Road from Teasley Lane (FM 2181)to FM 2499. The ENGINEER will prepare construction documents for design of improvements. Figure 1 shows the location and preliminary design extents for the drainageimprovements. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6.Construction Phase Services(Special Service) Task 7.Surveyand SUEServices Task 8. ROW Services (Special Service) Task 9.Geotechnical Investigation(Special Service) Task 10. Public Involvement (Special Service) Task 11. Permitting (Special Service) Task 12.Miscellaneous Design Services(Special Service) TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEERs and CITYs time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITYs Project Manager and others as necessary to make progress on the work. 1.1.Managing the Team Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources 1.2.Communications and Reporting Page 1of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. Conduct up to three (3) review meetingswith the CITY, one at the end of each design phase. Conduct one (1) meeting during the Bid Phase with the CITY. Prepare and submit monthly progress reports. Prepare and submit baseline Project Schedule initially, and Project Schedule updates monthly.Project Schedule shall be prepared with Microsoft Project Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. ASSUMPTIONS A total ofseven(7) meetings are assumed, including one (1) project kickoff meeting, three (3) meetings at the end of 30%, 60%, and 90% design phases, one (1) meeting during the bid phase, and up to two(2) additional meetings to coordinate various project elements. DELIVERABLES A.Meeting summaries with action items B.Monthly progress reports C.Baseline design schedule TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITYs endorsement of this concept.ENGINEER will utilize concepts and criteria contained in the current City of Denton Design Criteria Manual (2017). ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1.Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including: record drawings,utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any)and property ownership as available from the Tax Assessor's office. Page 2of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Engineer will make site visitsto become familiar, or verify, thesite and observe existing conditions. 2.2 The Conceptual Design Package shall include the following: Schematic design on scroll plot that includes plan view, profile view and typical sections, area location map and beginning and end station limits. Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. Schematic showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). Traffic Control Plan narrative identifying the approach to the maintenance of traffic. Proposed phasing of any water, sanitary sewer, and/or drainage work that is included in this project documented in both the project schedule and narrative form. Drainagearea map with supporting drainage computation in the CITYs standard tabular format. Documentation of key design decisions. Estimates of probable construction cost. ASSUMPTIONS All design elements shall conform to the current City of Denton Design Standards. Conceptual design package will consist of one (1)Schematic roll plot,one (1) drainage area map with supporting calculations, one (1) Traffic Control narrative, one(1) copy of the 30% estimate of probableconstruction cost, and PDF copy of the above items. ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A.Conceptual Design Package. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. Page 3of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA 3.1. Development of Preliminary Design Drawingsshall include the following: Cover Sheet General Notes Horizontal Control Overall Project Layout Typical Sections Existing and Proposed Demolition Sheet Drainage Area Map Drainage Calculations Storm DrainPlan and Profiles(as needed) Pavement Plan and Profiles Roadway Cross Sections Intersection Layouts Signal Layouts (as needed) Street Lighting Plan Traffic Control Plan SUE Plan Layout General Details (as needed) 3.2Traffic Signal Warrant Study Perform a traffic signal warrant study at the Hickory Creek Roadand FM 2499 intersection. 3.3Signal Design Designsignal at Hickory Creek Road and FM 2499 intersection Permits and Coordination with TXDOT 3.4Street Lighting (Electrical) Illumination Study from Teasley Lane to FM 2499 1.The ENGINEER will develop project specific criteria to be approved by the City based on the following standards: o Illuminating Engineering Society Manual RP-8 Roadway Lighting; o AASHTO Roadway Lighting Design Guide; o City of Denton Transportation Design Criteria Manual; o Denton Municipal Electric Standards; o TXDOT Highway Illumination Manual. 2.City of Denton will provide the following: o b. Any design theme standards; Page 4of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA o c. Any as-builts for existing lighting; o d. Pole type, pole height, mast arm type, mast arm length, luminaire type, luminaire wattage, service locations, system voltage. 3.No electrical design pertaining to wire sizing, voltage drops, ampacity, service loads will be performed. 4.The photometric analysis will be performed with Lighting AnalystsAGi32 latest versionor City approved software. 5.The photometric calculation method will be based on illuminance method measured in footcandles. 6.Field review of existing lighting along the corridor will include photometric measurements. Please provide your estimated # of locations. 7.Ambient light shall not be considered in the photometric analysis. Coordinate with Denton Municipal Electric staff to select power locations and streetlight spacing. Develop illumination layout sheets Develop electrical plans and specifications for roadway illumination. 3.5.The Preliminary Design Package shall include the following: Preliminary Plans to include drawings identified above. ENGINEER will prepare Opinion of Probable Construction Cost based on 60% plans. ASSUMPTIONS Development of Preliminary Design Drawings and Specifications shall include the following: Traffic Control Plan updated to reflect any changes as a result of the conceptual design submittal while also including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #xxxx, PK Nail, 5/8 Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). SUE plan drawings. Page 5of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Existing and proposed typical section sheets. Roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.s, P.T.s, P.I.s; station and elevation data of all vertical profile P.C.s, P.T.s, P.I.s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25 intervals) Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. Update the drainage area map to reflect any changes as a result of the conceptual design submittal while also including modifications resulting from the preliminary design. Calculations regarding street and right-of-way capacities and design discharges at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria. Storm drain layout sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping to include storm drain profiles showing existing and proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. Preliminary signing, pavement marking, illumination and signal layouts. Preliminarydesign package will consist one (1) copy of traffic signal warrant study,four (4) copies of half size (11x17), one (1) copyof full size (22x34) drawings, one (1) copy of the 60% estimate of probableconstruction cost, and PDF copy of the above items. ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A.Preliminary Design drawings B.Outline of technical specifications C.Estimates of probable construction cost TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). 4.1 Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: Final draft construction plans and specificationsshall be submitted to CITY per the approved Project Schedule. Cover Sheet General Notes Page 6of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Horizontal Control Project Layout Erosion Control Typical Sections Existing and Proposed Drainage Area Map Drainage Calculations Demolition Sheet Storm Drain Plan and Profiles (as needed) Pavement Plan and Profiles Roadway Cross Sections Intersection Layouts Signal Layouts (as needed) Street Lighting Plan Traffic Control Plan SUE Plan Layout General Details Storm Drain Details Pavement Details The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. 4.2Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS Project will be bid as a single project. Project technical specifications will be based on NCTCOGstandard specification and standard details supplemented by City special specifications and details. 90% design package will consist of four (4) copies of half size (11x17), one (1) copyof full size (22x34) drawings, one (1) copy of the 90% estimate of probable construction cost, and PDF copy of the above items. Final design package will consist of four (4) copies of half size (11x17), two(2) copies of full size (22x34) drawings, one (1) copy of the 100% estimate of probable construction cost, and PDF copy of the above items. DELIVERABLES A.90% construction plansandspecifications. B.100% construction plans and specifications. C.Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITYs standard format. Page 7of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA TASK 5.BID PHASE SERVICES. ENGINEER will support the bidphase of the project as follows. The ENGINEER will provide technical assistance with questions and plan revisions as needed. Attend the prebid conference in support of the CITY. ENGINEER will check contractor references and prepare letter of recommendation of award. ASSUMPTIONS The project will be bid only once and awarded to one contractor. DELIVERABLES A.Plan Revisions (if required) B.Project Bid Tabulations(Not included) C.Letter of Recommendation TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1Construction Support shall include: The ENGINEER shall attend the preconstruction conference. The ENGINEER shall visit the project site twice (2) per monthas construction proceeds to observe and report on progress. ENGINEER shall create meeting agenda and record meeting minutes for each meetingwith the Contractor. The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is freeof errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals. As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. The ENGINEER shall attend the Final project walk through and assist with preparation of final punch list. 6.2 Record Drawings Page 8of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. ASSUMPTIONS 2site visitsper monthare assumed. Construction schedule is assumed at 8months. 10submittal reviews are assumed. 10RFIs are assumed. 4Change Orders are assumed. DELIVERABLES A.Response to Contractors Request for Information B.Review of Change Orders C.Review of shop drawings D.Final Punch List items E.Record Drawings TASK 7. SURVEYAND SUEServices. ENGINEER will provide survey support as follows. 7.1Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, utilities based on CITY records and observable surface features (it is assumed that SUE is not necessary),structures, trees 6 and larger,and other features relevant to the final plan sheets. Page 9of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: The following information about each Control Point; a.Identified (Existing. CITY Monument#8901, PK Nail, 5/8 Iron Rod) b.X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c.Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 7.2.Temporary Right of Entry Preparation and Submittal Prior to entering the propertyfor the purposes of field survey, SUE, geotechnical explorationand data collection, the ENGINEER shall prepare letters for Temporary Right of Entryforproperty owners and provide them to the surveyor for distribution. The CITY shall gainaccess permission to properties where access is denied. 7.3 Subsurface Utility Engineering Provide a Subsurface Utility Engineering (SUE) Quality combination of Level B and A as described below. The SUE shall be performed in accordance with CI/ASCE 38-02. Quality Level D Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. Collect applicable records (e.g., utility owner base maps, as built or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. Page 10of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. Survey surface features of subsurface utility facilities or systems. The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utilityowners for design purposes. Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the projectlimits, and/or to trace a particular utility line or system. Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. Resolve differences between designated utilities and utility records and surveyed appurtenances. Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. As an alternative to the physical marking of lines, the ENGINEER may, with CITYs approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the projects survey control. Level A Expose and locate utilities at specific locations. Tie horizontal and vertical location of utility to survey control. Provide utility size and configuration. Provide paving thickness and type, where applicable. Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS A total of six(6) pothole locations are expected for Level A SUE collection Page 11of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA All work will be performed in City ROW and properties with executed Right of Entry Letters Limits of SUE services are from the Krogerdrivewayto FM 2499 TASK 8.ROW SERVICES ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITYs Project Manager 8.1.Right-of-Way Research The ENGINEER shall determine rights-of-way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 8.2Right-of-Way/Easement Preparation and Submittal. The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. The ENGINEER shall provide field staking of easements on private property to demonstrate limits of easements and assist in easement negotiations to be conducted by CITY. ASSUMPTIONS A total of one (1)parcel for right of way acquisition isincluded. Right-of-Way research includes review of property/right-of-way records based on current internet based DentonAppraisal District (DAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A.Right-of-Wayexhibit(s)and metes and bounds TASK 9. GEOTECHNICAL INVESTIGATION 9.1Field Exploration Select and mark two(2) boring locations and notify Texas 811, appropriate City department(s) and other agencies to request location and marking of existing underground utilities prior to the field exploration. Coordinate with City to arrange access to boring locations in areas where access may need to cross private properties. Arrange for traffic control during drilling to maintain a safe working environment for the field crew. Page 12of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Advance two(2) geotechnical borings along the alignment at locations that are accessible to a truck-mounted drill rig and free of subsurface and overhead conflicts. Each boring will be drilled to a maximum depth of 35 feet. Drilling fieldwork is expected to require one (1) full day of effort. Where required, existing pavement will be penetrated and then patched at completion. Areas drilled through landscaping grass will include a tarp or plywood to maintain cleanliness at completion. During drilling, samples will be collected intermittently using continuous flight augers or hollow stem augers, with either split-spoon or tube samplers. Rock and rock-like materials will be tested insitu using a TxDOT Cone Penetration Test with rock core samples collected, when possible, in a maximum of two borings. Groundwater levels will be collected during drilling, at completion, and after a period of 15 minutes. After collecting these readings, the boreholes will be backfilled with auger cuttings. Provide an Engineer or Geologist experienced in logging borings to direct the drilling,log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS). 9.2Laboratory Testing Testing shall be performed on samples obtained from theborings to determine soil classification and pertinent engineering properties of the subsurface materials.The ENGINEERwill select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: liquid and plastic limits, percent passing the no. 200 sieve or gradation, moisture content, dry unit weight, and unconfined compressive strength. 9.3Engineering Analysis and Study Report Prepare a summary report (in technical memorandum format) of the geotechnical investigation to include: Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. Recommended pavement thicknesses and subgrade modification requirements for Hickory Creek Roadextension. General discussion of expected construction related issues. Earthwork related recommendations for use during development of the plans and specifications. The geotechnical engineer will collaboratewith the design team on the implementation of recommendations, and will review submittals to assist with geotechnical related items. DELIVERABLES A.One (1) hard copy and one (1) electronic copy of Geotechnical Report. Page 13of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA TASK 10. PUBLIC INVOLVEMENT ENGINEER shall use already preparedproject drawingsand attend public meeting to help explain the proposed project to residents. Engineer shall attend the following meetings o Prior to start of construction TASK 11. PERMITTING 11.1Texas Department of Transportation (TxDOT) Permit Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. Completing all forms/applications necessary. Submitting forms/applications for CITY and TxDOT review Submitting revised forms for agency review Responding to agency comments and requests 11.2Texas Department of Licensing and Regulation (TDLR) Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. Submit construction documents to the TDLR Completing all TDLR forms/applications necessary Obtain the Notice of Substantial Compliance from the TDLR Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. Responding to agency comments and requests TASK 12.MISCELLANEOUS DESIGN SERVICES 12.1Miscellaneous Design Services As needed, additional design servicesare to be requested and authorized in writing by the CITYand agreed to in writing by the ENGINEER. Page 14of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITYs written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: Negotiation of easements or property acquisition. Revisions to right of waydocuments as a result of negotiations or project changes after prior City direction and approval Services related to development of the CITYs project financing and/or budget. Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. Construction management and inspection services Performance of materials testing or specialty testing services. Services necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement and inspection after final completion. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. Stormwater Pollution Prevention Plan (SWPPP) permitting Section 404 of the Clean Water Act permitting Section 10 Permitting with the USACE. Preparation of a formal written request for USACE authorization under a letter of permission procedure. Preparation of a standard individual Section 404 permit application. Preparation ofEnvironmental Information Document, Environmental Assessment, or an Environmental Impact Statement. Meetings or consultation with the USACE or other resource agencies, except as specifically noted in the scope of services. Presence/absence surveys for federally listed threatened/endangered species. Preparation of a mitigation plan to compensate for impacts to waters of the U.S. Application to Texas Commission on Environmental Quality for individual 401 Water Quality Certification. Application for General Land Office easements. Application for Texas Parks & Wildlife Department Sand and Gravel Permit. Additional field investigations or analysis required to respond to public or regulatory agency comments. Field survey or analysis required for cultural resources investigations. Consultation with the U. S. Fish and Wildlife Service under Section 7 of the Endangered Species act. Expert representation at legal proceedings or at contested hearings. Mitigation monitoring if required by permit conditions. Monitoring for compliance with permit conditions. Additional modifications to the compensatory mitigation plan. Phase I or Phase II Environmental Site Assessment. Page 15of 15 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA AttachementB-1 DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA AttachmentB-4 GRAM TRAFFIC –NORTH TEXAS WORK AUTHORIZATION Chad G. Gartner PE Associate Assistant Vice President TranSystems 500 West Seventh Street -Suite 1100 Fort Worth, TX 76102 Main: 817-339-8950 Re: Denton, TX GRAM Traffic North Texas, Inc. will provide the following services: 124-Hour Turning Movement Count Intersection @ $795/intersection Includes Bi-Directional Volume Data with Basic Classification (Lights, Mediums, Articulated Trucks) 1.Hickory Creek Rd @ FM 2499 (Barrel Strap) Count Cost:$ 795.00 Mileage: $ 98.10(180 miles @ .545/mile) Project Cost: $893.10 Submitted by: Stephanie Swenson GRAM-North Texas 4-10-18 This is being Submitted for Lump Sum Invoicing/Price Good for 90 days Accepted By Authorized Representative: ______________________________________________ _____________________ Printed Name Date ______________________________________________ Signature 1120 W. Lovers Lane/Arlington, Texas 76013*(817)265-8968 * gramntx@gramntx.com DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA TranSystems Corporation Schedule of Hourly Rates for 2018 Fort Worth Office PLC codePLC code ClassificationRateClassificationRate EC12M Civil Engineer I$106Two-Person Survey Crew$151 EC2 Civil Engineer II$144 EC3ES1 Civil Engineer III$160Structural Engineer 1$124 EC4ES2 Civil Engineer IV$246Structural Engineer 2$149 EC5ES3 Civil Engineer V$434Structural Engineer 3$173 ES4 Structural Engineer 4$231 T1ES5 Technician I$71Structural Engineer 5$338 T2 Technician II$84 T3CS1 Technician III$111Construction Services 1$74 T4CS2 Technician IV$136Construction Services 2$94 T5CS3 Technician V$157Construction Services 3$115 CS4 Construction Services 4$198 S1 Surveyor I$68 S2 Surveyor II$72 S3 Surveyor III$96 S4 Surveyor IV$140 S5 Surveyor V$192 IS2 Industry Specialist II$88 A2 Administrator II$92 AM3 Marketing Administrator 3$144 Sub-contracted labor, material testing equipment, printing and technical photography, and all other direct job coststo be paid at cost. Vehicle mileage to be paid at the current IRS rate per mile. The rates set forth on this initial Schedule of Rates shall be the rates provisions in effect from the date of this Agreementuntil December 31, 2018. TranSystems will revise the Schedule of Rates annually and will submit the revised Schedule of Rates which st shall automatically become effective with regard to this Agreement and the Services performed under this Agreement on January1 of the next calendar year. Rtschedule.FW2018xxxxxx DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 446FB25C-5865-417A-85B8-93E69B5EB6EA City of Denton RFQ forProfessional Engineering Services ATTACHMENT E-CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE -FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendorwho has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendormeets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendorbecomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendorcommits an offense if the vendorknowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendorwho has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7business day after the date on which you became aware that the originally filed questionnaire wasincomplete or inaccurate.) 3Name of local government officer aboutwhom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship asdefined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? YesNo B.Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? YesNo C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? YesNo D.Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date RFQ 6590 - Main Document Page 16of 17 Certificate Of Completion Envelope Id: 446FB25C5865417A85B893E69B5EB6EAStatus: Completed Subject: City Council Docusign Item - 6590-011 Transystem Source Envelope: Document Pages: 46Signatures: 6Envelope Originator: Certificate Pages: 6Initials: 0Jamie Cogdell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jamie CogdellLocation: DocuSign 5/2/2018 12:31:27 PM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 5/2/2018 12:52:12 PM Completed jamie.cogdell@cityofdenton.comViewed: 5/2/2018 12:57:01 PM Senior BuyerSigned: 5/2/2018 1:01:13 PM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad GartnerSent: 5/2/2018 1:01:17 PM cggartner@transystems.comViewed: 5/2/2018 1:08:52 PM TranSystems Corporation dba TranSystems Signed: 5/2/2018 1:18:37 PM Corporation Consultants Using IP Address: 66.64.17.106 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/2/2018 1:08:52 PM ID: 418c6e22-9971-480e-8b25-f31403385931 Larry CollisterSent: 5/2/2018 1:18:41 PM larry.collister@cityofdenton.comResent: 5/8/2018 8:40:34 AM First Assistant City AttorneyViewed: 5/8/2018 10:59:34 AM City of DentonSigned: 5/8/2018 10:59:46 AM Using IP Address: 47.190.47.120 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2017 2:27:28 PM ID: 01f5f868-f109-4e29-ad49-21db9046c882 Tabitha MillsopSent: 5/8/2018 10:59:49 AM Completed tabitha.millsop@cityofdenton.comViewed: 5/24/2018 3:42:11 PM City of DentonSigned: 5/24/2018 3:51:09 PM Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer EventsSignatureTimestamp Todd HilemanSent: 5/24/2018 3:51:14 PM todd.hileman@cityofdenton.comViewed: 5/24/2018 3:56:19 PM City ManagerSigned: 5/24/2018 3:56:26 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 5/24/2018 3:56:29 PM jennifer.walters@cityofdenton.comViewed: 5/27/2018 12:59:17 PM City SecretarySigned: 5/27/2018 1:00:19 PM City of Denton Using IP Address: 47.184.89.13 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sherri ThurmanSent: 5/2/2018 1:18:40 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 5/24/2018 3:51:13 PM jane.richardson@cityofdenton.comViewed: 6/7/2018 11:19:01 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer BridgesSent: 5/27/2018 1:00:22 PM jennifer.bridges@cityofdenton.comViewed: 6/1/2018 1:11:32 PM Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jane RichardsonSent: 5/27/2018 1:00:23 PM jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lee PerrySent: 5/27/2018 1:00:24 PM lee.perry@cityofdenton.comViewed: 5/29/2018 8:06:01 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted5/27/2018 1:00:24 PM Certified DeliveredSecurity Checked5/27/2018 1:00:24 PM Signing CompleteSecurity Checked5/27/2018 1:00:24 PM CompletedSecurity Checked5/27/2018 1:00:24 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 Docusign City Manager Approval Transmittal Coversheet File Name Purchasing Contact Piggy Back Option Contract Expiration DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 Request for City Manager Approval of Purchase DATE: September 14, 2018 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Lee Perry at 349-8938 Contact Phone ACM: Mario Canizares SUBJECT Approve Amendment No. 1 to Professional Services Agreement for Architect or Engineer by and between TranSystems Corporation, dba TranSystems Corporation Consultants and the City of Denton for the Hickory Creek (East) FM 2181 to FM 2499 Project (RFQ 6590-011); in the amount of $56,844.00. BID/FILE INFORMATION (Required) City Council approved a contract in the amount of $240,000.00 with TranSystems Corporation on May 22, 2018 for Engineering Services associated with the Hickory Creek (East) FM 2181 to FM 2499 Project. During the course of the design, it has been decided to expand the scope of the project to add an acceleration lane along the southbound side of FM 2499 between Hickory Creek Road East and Ocean Drive. The purpose of this acceleration lane is to allow for added roadway safety in this area due to the lack of site distance for users turning south from Hickory Creek Rd onto FM 2499, which has been caused by the existing sound wall that was installed during the FM 2499 project. The change in scope necessitates additional services to include design, survey, right-of-way, subsurface utility exploration, permitting and construction efforts adding $56,884.00 to the contract for a revised contract fee of $296,884.00. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) 1) City Council Approval of Original Contract May 22, 2018 RECOMMENDATION Staff recommends approval of the amendment to the Professional Services Agreement between the City of Denton and TranSystems Corporation dba TranSystems Corporation Consultants in the amount of $56,884.00 for additional Engineering Services. PRINCIPAL PLACE OF BUSINESS TranSystems Corporation dba TranSystems Corporation Consultants Fort Worth, Texas Revised 09/06 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 ESTIMATED SCHEDULE OF PROJECT The consultant is prepared to begin the services associated with this Amendment immediately with the goal of completing design January 2019 to facilitate construction to begin FY 2019 (pending right-of-way acquisition). FISCAL INFORMATION These services will be funded from account 250045444. The amount for Amendment No. 1 is $56,884.00 Attachments : 1) Project Map 2) Contract Amendment No. 1 Requested by: Name: Lee Perry, P.E., Sr Engineer Phone ext 8938 PO No. 185882 Respectfully submitted: Purchasing Expenditure Approved: __________________________ City Manager or Designate __________________________ Date Revised 09/06 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TRANSYSTEMS CONTRACT NO. 6590-011 THIS FIRST AMENDMENT TO CONTRACT 6590-011 (this and between TranSystems Corporation dba TranSystems Corporation Consultants in the original not-to- exceed amount of $240,000, which was approved by the City Council on May 22, 2018 ; WHEREAS, the Agreement provided for services related to Hickory Creek Road East as is contained in Contract #6590-011 (on file in the Purchasing Office); and WHEREAS, City deems it necessary to further expand the services provided by Design Professional to the City to include roadway design to add an acceleration lane on FM 2499 from Hickory Creek Road to Ocean Drive, and this Amendment modifies the Agreement amount to provide an additional $56,884.00 with a revised not-to-exceed total of $296,884.00; and NOW THEREFORE, City and Design Professional (hereafter collectively referred other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. Section 2 Compensation The Owner shall compensate the Design Professional a total not to exceed amount of 2. follows: 2.1.1 3. as follows: 2.2.1 4. REIMBURSABLE EXPENSES Reimbursable Expenses incurred by the Design Professional, the Design Professional's employees and consultants in 1 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 the interest of the Project as defined in the General Conditions but not to exceed a total of $4,680 5. and Attachments A through B of the Agreement shall Attachment A-1 through B-1, the Preliminary Opinion of Probable Construction Cost, and location map attached hereto and incorporated into this Amendment by reference as if fully set forth herein. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the CITY and the Design Professional, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date_______________________________________. THIS AGREEMENT HAS BEEN CITY OF DENTON, TEXAS BOTH REVIEWED AND APPROVED A Texas Municipal Corporation as to financial and operational obligations and business terms. By: __________________________________ TODD HILEMAN _______________ ________________ CITY MANAGER SIGNATURE PRINTED NAME __________________________________ DESIGN PROFESSIONAL TITLE TRANSYSTEMS CORPORATION __________________________________ DEPARTMENT By: _________________________________ AUTHORIZED SIGNATURE, TITLE ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY By: ___________________________________ 2 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 TranSystems th 500 West 7Street Suite 1100 Fort Worth, TX 76102 Tel 817 339 8950 Fax 817 336 2247 www.transystems.com September 11, 2018 Lee Perry, P.E. City of Denton–Engineering Capital Projects 901 TexasStreet Fort Worth, TX 76102 RE: Hickory Creek Road East–Amendment No. 1 Mr.Perry, Per your request we present this proposal forHickory Creek Road East–Amendment No. 1for the design ofan accelerationlane on southboundFM 2499between Hickory Creek Road Eastand Ocean Drive.The scope includes survey, subsurface utility engineering, roadway design, drainage design, pavement marking and signage,and right-of-way services.The amendedscope of services is attached to this letter as Attachment A-1. The detailed breakdown of the schedule of rates fee is attached as AttachmentB-1.A summary of the proposed fee is below: Hickory Creek Road Design Services: Project Management and Design.............................................................................$39,616.00 Construction Phase Services...................................................................................$4,681.00 Topographic Survey and SUE Services..................................................................$7,123.00 Right-of-way Services...............................................................................................$4,248.00 Permitting Services...................................................................................................$1,216.00 Total$56,884.00 The work in this agreementincludes4.6%participation by M-WBEfirms. If you have any questionsor need additional information, please feel free to give mea callat 817-334-4430.We appreciate this opportunity and look forward to working with you on this project. Sincerely, TranSystems Corporation Consultants Chad Gartner, PE Assistant Vice President Attachments (4) Page 1of1 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 ATTACHMENT A-1 AMENDMENT AGREEMENT The Professional Services Agreement for Architect or Engineer File 6590-011dated the 22day of May 2018, entered into between TranSystems Corporationdba TranSystems Corporation Consultants as “Design Professional”and City of Denton, Texasas “Owner”, for good and valuable consideration including the promises and agreements set forth hereafter is hereby amended, modified, and revised as follows: 1.Attachment A, General Overview will add the following as paragraph 2. “TheScope of Services will also include the roadway design to add an acceleration lane on FM 2499 from Hickory Creek Road to Ocean Drive” 2.Attachment A, Task 1Design Management, Assumptions will add the following bullet Attend two (2) meetings with TxDOT to coordinate acceleration lane design 3.Attachment A, Task 3Preliminary Design (60 Percent), Assumptions will add the following bullet(s) The TCP plans for FM 2499 will include an overall layout and inclusion of applicable TxDOT standards. A site specific TCP is not included The storm drain design on FM 2499 is limited to the relocation of the existingcurb inlets. Calculations and verifying design of existing storm drain is not included. The acceleration lane designis limited to the area between Hickory Creek Road and Ocean Drive. The City of Denton will negotiate a variance with TxDOT since this distance does not meet the design minimum per the TxDOT Roadway Design Manual The acceleration lane design will be limited in length so that the existing screening/sound wall is not impacted Screening/sound wall design is not included. The existing pavement section for FM 2499 will be used in the acceleration lane design. No geotechnical or pavement design for FM 2499 is included. 4.Attachment A, Task 8ROW Services, Assumptions will add the following bullet Right of way acquisition will bemodified to include propertyalong FM 2499. The acquisition will impactone (1) parcel as originally scoped. All other terms and conditions of said original agreement identified hereinabove that are not expressly amended, modified, and or revised by this Amendment Agreement, shall remain unchanged and in full force and effect. The undersigned being the authorized representatives of the contracting parties identified herein, have th executed this Amendment Agreement to make it binding upon the parties hereto effective this 11day of September 2018. CITY OF DENTON, TEXASTRANSYSTEMS CORPORATION By: ______________________By:__________________________ ________________________________________________________ Agr Amendas of 8/7/09 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 DocuSign Envelope ID: DC16D721-61D2-42D9-BE8E-9BA1D97A40E4 Certificate Of Completion Envelope Id: DC16D72161D242D9BE8E9BA1D97A40E4Status: Completed Subject: ****City Manager Approval ******Docusign Item 6590-011 Hickory Creek East Amendment 1 Source Envelope: Document Pages: 11Signatures: 9Envelope Originator: Certificate Pages: 6Initials: 0Jamie Cogdell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jamie CogdellLocation: DocuSign 10/15/2018 11:37:08 AM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 10/15/2018 11:37:43 AM Completed jamie.cogdell@cityofdenton.comViewed: 10/15/2018 11:37:47 AM Senior BuyerSigned: 10/15/2018 11:38:14 AM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori HewellSent: 10/15/2018 11:38:15 AM lori.hewell@cityofdenton.comViewed: 10/15/2018 11:39:08 AM Purchasing ManagerSigned: 10/15/2018 11:39:18 AM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack ReinwandSent: 10/15/2018 11:39:20 AM mack.reinwand@cityofdenton.comViewed: 10/15/2018 11:44:55 AM City of DentonSigned: 10/15/2018 11:46:00 AM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad GartnerSent: 10/15/2018 11:46:02 AM cggartner@transystems.comViewed: 10/15/2018 12:11:33 PM Assistant Vice PresidentSigned: 10/15/2018 12:23:10 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 174.207.5.145 Electronic Record and Signature Disclosure: Accepted: 10/15/2018 12:11:33 PM ID: 351a3ee3-3293-4f7f-a8f1-ae8aadf2397d Signer EventsSignatureTimestamp Todd EstesSent: 10/15/2018 12:23:11 PM todd.estes@cityofdenton.comViewed: 10/15/2018 7:16:47 PM Director/City EngineerSigned: 10/15/2018 7:17:31 PM Security Level: Email, Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 174.206.6.11 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 10/15/2018 7:16:47 PM ID: 888c2f6f-e78a-46fe-9c49-9e86ca76dd00 Todd HilemanSent: 10/15/2018 7:17:33 PM todd.hileman@cityofdenton.comViewed: 10/15/2018 7:37:28 PM City ManagerSigned: 10/15/2018 7:37:40 PM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 47.184.66.109 (None) Signed using mobile Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 10/15/2018 7:37:42 PM jennifer.walters@cityofdenton.comViewed: 10/16/2018 12:14:54 PM City SecretarySigned: 10/16/2018 12:15:10 PM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sherri ThurmanSent: 10/15/2018 11:39:20 AM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 10/15/2018 7:37:42 PM jane.richardson@cityofdenton.comViewed: 10/16/2018 8:53:07 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Annie BungerSent: 10/16/2018 12:15:12 PM annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lee PerrySent: 10/16/2018 12:15:12 PM lee.perry@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer BridgesSent: 10/16/2018 12:15:14 PM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted10/16/2018 12:15:14 PM Certified DeliveredSecurity Checked10/16/2018 12:15:14 PM Signing CompleteSecurity Checked10/16/2018 12:15:14 PM CompletedSecurity Checked10/16/2018 12:15:14 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.