19-753ORDINANCE NO. 19-753
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIFTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC.; AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON OCTOBER 19, 2010, IN THE NOT -TO -EXCEED AMOUNT OF $4,501,530,
AMENDED BY AMENDMENTS 1-4 APPROVED BY THE CITY MANAGER AND CITY
COUNCIL, SAID FIFTH AMENDMENT TO PROVIDE ENGINEERING AND DESIGN
SERVICES RELATING TO THE MAYHILL ROAD WIDENING AND IMPROVEMENTS
PROJECT IN THE AMOUNT OF $1,364,210; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4511 — PROVIDING
FOR AN ADDITIONAL FIFTH AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED
$1,364,210, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $7,059,738).
WHEREAS, on October 19, 2010, by Ordinance No. 2010-269, the City awarded acontract to
Freese and Nichols, Inc. in the amount of $4,501,530 for the Mayhill Road Widening and
Improvements Project from Interstate Highway 35-E to University Drive (U.S. Highway 380); and
WHEREAS, the additional fees under the proposed Fifth Amendment are fair and reasonable
and are consistent with and not higher than the recommended practices and fees applicable to the
Provider's profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION lw. The Fifth Amendment, increasing the amount of the contract between the City
and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the amount of
One Million Three Hundred Sixty Four Thousand Two Hundred Ten and 00/100 ($1,364,210)
Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance
with said amendment. The total contract amount increases to $7,059,738.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval. y
r I?P , y d and approved b and
The motion to approve this ordinance was made b _ �' � /� °.. .....
seconded by � � � , � � �� �" , � ��� ` , the ordinance was pass6 pp y the
following vote [ -
Aye Nay Abstain Absent
Mayor Chris Watts: ,
Gerard Hudspeth, District 1: r
Keely G. Briggs, District 2:.�
Don Duff, District 3:
John Ryan, District 4:
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Deb Armintor, At Large Place 5: Ike
Paul Meltzer, At Large Place 6: °P
�..�'°. Y�,�. .. ....,2019.I ASS°;D 1�NN) APPR(�tV1�C this this, ��. Ala o1� . �� ��.
ATTEST: IIW 4; "
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
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DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
Docusign City Council Transmittal Coversheet
FILE
4511
File Name
Mayhill Widening Amendment 5
Purchasing Contact
Jamie cogdell
City Council Target Date
April 16, 2019
Piggy Back Option
No
Contract Expiration
"/A
Ordinance
19-753
DS
D
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
STATE OF TEXAS §
COUNTY OF DENTON §
FWTHAMENDMENT TO
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PR FE I N L ERVI E REEMENT F R
ENGINEERING AND DESIGN SERVICES
(FILE #4511)
This "Fifth Amendment to a Professional Services Agreement for Engineering and
Design Services" (this "Fifth Amendment") is made and entered into between the City of
Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney
Street, Denton, Denton County, Texas 76201, ("City") and Freese and Nichols, Inc., a Texas
corporation, with its office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109
(" FNI" ), each acting by and through their duly authorized representatives.
WHEREAS, on or about October 19, 2010, the City Council, under Ordinance No. 2010-
269, approved a "Professional Services Agreement for Engineering and Design Services" with
FNI in order to perform professional services related to the Mayhill Road widening and
improvements project, in anot-to-exceed amount of $4,501,530 ("Agreement"); and
WHEREAS, on or about January 9, 2013, the City Manager authorized a first
amendment to the Agreement to include services for an asbestos survey of existing structures to
be removed, resulting in an increase of $50,377, and an increased not -to -exceed amount of
$4,551,907 in accordance with his delegation of authority for change orders; and
WHEREAS, on or about August 20, 2013, the City Council, under Ordinance No. 2013-
203, approved a second amendment to the Agreement for an increase of $488,835, with a total
not -to -exceed amount of $5,040,742 for additional improvements; and
WHEREAS, on or about January 10, 2017, the City Council, under Ordinance No.
2017-013, approved a third amendment to the Agreement for an increase of $602,590, with a
total not -to -exceed amount of $5,643,332; and
WHEREAS, on or about February 6, 2018, the City Manager approved a fourth
amendment to the Agreement for an increase of $52,196, with a total not -to -exceed amount of
$5,695,528 under his delegation authority for change orders.
WHEREAS, the City now finds it necessary to enter into this Fifth Amendment to the
Agreement for an increase of $1,364,210 to provide additional services not included in the
original Agreement, as amended, has changed to include additional services necessary to
complete the project, and these services are set forth and described in Attachment A, which is
attached hereto and incorporated herewith by reference; and
WHEREAS, the City now finds it necessary to enter into this Fifth Amendment to the
Agreement for an increase of $1,364,210, with a total not -to -exceed mount of $7,059,738.
Contract 4511 —Amendment 5
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
NOW THEREFORE, in consideration of the covenants and agreements herein
contained, the parties do mutually agree to enter into this Fifth Amendment to amend the terms
of the Agreement, as amended in the first, second, third, and fourth Amendments, as follows:
TERMS
A. Conflicts. To the extent the terms in the Agreement and subsequent amendments conflict with
this Fifth Amendment, this Fifth Amendment controls. All other terms that have not been
subsequently amended remain in full force and effect; and, if amended, shall remain as amended
in full force and effect.
B. Chan2e in Scope. FNI and the City hereby agree to add to the Agreement the services described
in Attachment A to this Fifth Amendment, in the form of a change order. FNI shall render these
services to the City in consideration for the amount of increase approved in this Fifth Amendment.
C. Amount of Increase. The total amount to be paid for professional services, which includes
the additional services described herein, shall not exceed the amount of $7,059,738. This is the
aggregate of the price of the Agreement in the amount of $4,501,530, of the first amendment
amount of $50,377, of the second amendment amount of $488,835, of the third amendment amount
of $602,590, the fourth amendment amount of $52,196 and the additional amount authorized by this
Fifth Amendment of $1,364,210.
Contract 4511 —Amendment 5
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
IN WITNESS HEREOF, the City of Denton, Texas and FNI have executed this Fifth
Amendment electronically, by and through their respective duly authorized representatives and officers
on this date 4/16/2019
THIS AGREEMENT HAS BEEN "CITY"
BOTH REVIEWED AND APPROVED
as to financial and operational obligations CITY OF DENTON, TEXAS
and business terms. A Texas Municipal Corporation
F;XDocuSigned by: DocuSpigned 6y:
Todd Estes By: I oXX t�i
PRINTED NAME TODD
City Engineer CITY MANAGER
TITLE
ROSA RIOS, CITY SECRETARY
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Signed by:
By:
R:.oz
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
gned by:
[L�A�P.iA'J-,AA,
By:
"FNI"
FREESE AND NICHOLS, INC.
DocuSigned by:
By: r
LtVtS 156s(h Principal
AUT H3 SIGNATURE, TITLE
Contract 4511 —Amendment 5
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
ATTACHMENT "A"
SCOPE OF SERVICES AND RESPONSIBLITIES OF OWNER
MAYHILL ROAD AMENDMENTEE
CITY OF DENTON
The scope set forth herein defines the work to be performed by FNI in completing the project. Both the
Owner and FNI have attempted to clearly define the work to be performed and address the needs of the
Project. Under this scope, "FNI" is expanded to include any sub -consultant, including surveyor, employed
or contracted by FNI.
GENERAL OVERVIEW
The City of Denton (Owner) has engaged Freese and Nichols, Inc., (FNI) to amend the existing Mayhill
Road design contract to include the realignment of Mayhill Road from Colorado Blvd. to north of Quail
Creek Road and a detention pond on the southwest corner of Quail Creek Road and existing Mayhill Road.
The roadway improvements include the final design for the roadway bridge over the DCTA rail, and it is
assumed that the 90% bridge design previously submitted will not change.
An existing pasture pond east of the Realigned Mayhill Road will be expanded to provide detention along
Stream PEC-5 to reduce discharges downstream of Mayhill Road. This project assumes the pond is
approximately 8 acres in area and 7 feet deep with earthen slopes. The pond will require an intake and
outfall structure to be designed with this project. Right-of-way acquisition will be performed by others or
as part of a future authorization.
This amendment also includes additional design and construction management tasks necessary to
complete the portion of the Mayhill Road project north of Quail Creek Road.
PROFESSIONAL SERVICES 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.
Additional Design Tasks for Mayhill Road
Task 7.
Additional Design Contingency
Task 8.
Construction Phase Services
Task 9.
Geotechnical Investigation
Task 10.
FEMA Coordination
Task 11.
Construction Management and Inspection
Task 12.
Construction Materials Testing
Task 13.
Change Order Request Analysis
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TASK 1. DESIGN MANAGEMENT.
FNI will manage the work outlined in this scope to ensure efficient and effective use of FNI's and Owner's
time and resources. FNI will manage change, communicate effectively, coordinate internally and
externally as needed, and proactively address issues with the Owner's 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
• Attend a pre -design project kickoff/chartering meeting with Owner staff to confirm and
clarify scope, understand Owner objectives, and ensure economical and functional designs
that meet Owner requirements.
• Conduct up to three (3) review meetings with the Owner, one at the end of each design
phase.
• Conduct one (1) meeting during the Bid Phase with the Owner.
• Prepare and submit monthly progress reports.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
monthly.
• 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 of five (5) 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.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly progress reports
C. Baseline design schedule
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TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to Owner per the approved Project Schedule.
The purpose of the conceptual design is for FNI to identify, develop, communicate through the defined
deliverables, and recommend the design concept that successfully addresses the design problem, and to
obtain the Owner's endorsement of this concept. FNI will utilize concepts and criteria contained in the
current City of Denton Design Criteria Manual (2013).
FNI will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In addition to data obtained from the Owner, FNI 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. FNI 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), Owner Master Plans, Owner 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.
FNI will make site visits to become familiar, or verify, the site and observe existing conditions.
The City will make arrangements for property right of entry for site visits.
The 30% schematic design for the detention pond will be based on existing field survey and
LIDAR. This scope assumes that detailed design survey will be collected and incorporated for
the 60% submittal.
2.2. Hydrologic and Hydraulic Analysis
FNI will use the models prepared for the Stream PEC-5 CLOMR at Mayhill Road as the basis of
the analysis and the revised conceptual models created during the conceptual detention study
memorandum dated 12/01/2017.
Update the hydrologic and hydraulic models as needed with additional survey data provided
for this project.
Revise the hydrologic and hydraulic models to account for detention based on the 30% design.
These models will be used to size the detention pond and spillway improvements.
0 Delineate the revised 100-year floodplain
0 Document the results in an updated technical memorandum.
2.3. The Conceptual Design Package shall include the following:
Roadway Alignment Schematic — Proposed realignment of Mayhill Road north of Colorado
Blvd., including preliminary paving plan and profile and bridge layout.
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Detention Pond Schematic —Overall project plan illustrating project improvements as a single
plan view sheet or roll plot. Possible cross section of the pond to show depth and shape, as
needed. Schematic will also show size of intake and outfall structures.
• Estimates of probable construction cost: FNI will prepare Opinion of Probable Construction
Cost based on schematic designs.
• Drainage analysis technical memorandum.
ASSUMPTIONS
• Conceptual design package will consist of one (1) drainage analysis technical memorandum,
four (4) copies of full-size project schematic plans, one (1) copy of the 30% estimate of
probable construction cost, and PDF copy of the above items.
• The design of the DCTA bridge will not change from the previously -approved 90% design.
• FNI shall not proceed with Preliminary Design activities without written approval by the
Owner of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package.
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to Owner per the approved Project Schedule.
FNI will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings shall include the following:
• Cover Sheet
• General Notes
• Horizontal Control
• Overall Project Layout
• Construction Phasing
• Demolition Plan
• Typical Roadway Sections
• Paving Plan and Profile
• Traffic Signal Layout
• Illumination Plan
• Signage and Pavement Marking Plan
• Drainage Area Map
• Drainage Calculations
• Storm Drain Plan and Profile
• Bridge Layout, Abutment, Bent, Beam and Slab Plans
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• Pond Grading Plan
• Pond Cross Sections
• Intake and Outfall Structure Schematics
• General Details (as needed)
3.2 Revise the hydrologic and hydraulic models and technical memorandum per Preliminary Design.
3.3. The Preliminary Design Package shall include the following:
• Preliminary Plans to include drawings identified above.
• FNI will prepare Opinion of Probable Construction Cost based on Preliminary Design plans.
ASSUMPTIONS
• No City -owned utility improvements are required for this project.
• Mayhill Road pavement section will match previously -designed Mayhill Road project.
• The design of the DCTA bridge will not change from the previously -approved 90% design.
• Proposed design for detention is assumed to be non jurisdictional for TCEQ dam safety
standards. TCEQ coordination will be considered an additional service.
• Proposed design will be completed outside of the ordinary high-water mark according to
Section 404 of the Clean Water Act on Stream PEC-5. An environmental assessment is
included as part of this contract to verify. It is assumed that the project can be completed
outside of jurisdictional waters of the U.S. If the existing pond is considered "jurisdictional",
then USACE permitting and coordination would be additional services not included in this
contract.
DELIVERABLES
A. Preliminary Design drawings
B. Outline of technical specifications
C. Estimates of probable construction cost
D. Revised hydrologic and hydraulic technical memorandum per design changes
E. Geotechnical Analysis Report
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100
PERCENT).
4.1 Upon approval of the Preliminary plans, FNI will prepare construction plans as follows:
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Final draft construction plans and specifications shall be submitted to Owner per the approved
Project Schedule.
• Cover Sheet
• General Notes
• Horizontal Control
• Overall Project Layout
• Construction Phasing
• Demolition Plan
• Typical Roadway Sections
• Paving Plan and Profile
• Roadway Cross Sections
• Traffic Signal Layout and Details
• Illumination Plan
• Signage and Pavement Marking Plan
• Erosion Control Sheet
• Storm Drain Plan and Profile
• Bridge Layout, Abutment, Bent, Beam and Slab Plans
• Drainage Area Map
• Drainage Calculations
• Pond Grading Plan
• Pond Cross Sections
• Intake and Outfall Structure Schematics
• Landscaping and Site Restoration Plan
• Structural Details
• General Details (as needed)
FNI shall submit a final design estimate of probable construction cost with the final design plans
submitted.
4.2 Following a 90% construction plan review meeting with the Owner, FNI shall submit Final Plans
(100%) to the Owner per the approved Project Schedule. Each plan sheet shall be stamped,
dated, and signed by FNI registered in State of Texas.
4.3 Develop contract book with standard City of Denton specifications and any additional technical
specifications required for this project not included in City of Denton's standards. Develop the
bid proposal to be included in the contract book.
4.4 Prepare and submit an Exhibit A for review and approval by DCTA.
ASSUMPTIONS
0 90% design package will consist of four (4) copies of half size (11"xl7"), one (1) copy of full size
(22"04") drawings, one (1) copy of the 90% estimate of probable construction cost, and PDF copy
of the above items.
0 The design of the DCTA bridge will not change from the previously -approved 90% design.
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Final design package will consist of four (4) copies of half size (11"xl7" ), two (2) copies of full size
(22"04") drawings, one (1) copy of the 100% estimate of probable construction cost, and PDF copy
of the above items.
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Exhibit A for DCTA bridge.
D. Detailed estimates of probable construction cost for the authorized construction project, including
summaries of bid items and quantities using the Owner's standard format.
TASK 5. BID PHASE SERVICES.
FNI will support the bid phase of the project as follows.
0 FNI will provide technical assistance with questions and plan revisions as needed.
• Attend the prebid conference in support of the Owner.
• FNI will check contractor references and prepare letter of recommendation of award.
ASSUMPTIONS
0 The project will be bid only once and awarded to one contractor.
DELIVERABLES
A. Plan Revisions (if required)
B. Letter of Recommendation
TASK 6. ADDITIONAL DESIGN TASKS FOR MAYHILL ROAD NORTH OF QUAIL CREEK
RD.
Owner has requested various changes to the project which have required additional design services.
Additional services include the following:
A cast -in -place retaining wall was added to the project to accommodate site grading at the
Denton County tract which occurred after the project's topographic survey was complete.
The Owner requested the modification of previously -designed sidewalks, curb ramps, traffic
signals, and pavement markings at the intersections of Mayhill Road with Spencer Road,
Morse Street, and McKinney Street to accommodate additional crosswalks and revised signal
configurations.
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TASK 7. ADDITIONAL DESIGN CONTINGENCY
Per the Owner's request, an additional contingency has been included to cover unforeseen design and
construction issues. This contingency shall only be used as directed by the Owner in writing.
TASK 8. CONSTRUCTION PHASE ENGINEERING SUPPORT.
FNI will support the construction phase of the DCTA bridge and detention pond project as follows.
8.1 Construction Support shall include:
0 FNI shall attend the preconstruction conference.
• FNI shall visit the project site once (1) per month as construction proceeds to observe and
report on progress. FNI shall create meeting agenda and record meeting minutes for each
meeting.
• FNI 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 free
of errors, inconsistencies or omissions. FNI shall log and track all shop drawings, samples and
other submittals.
As requested by the Owner, FNI shall provide necessary interpretations and clarifications of
contract documents, review change orders, and make recommendations as to the acceptability
of the work.
0 FNI shall attend the "Final" project walk through and assist with preparation of final punch list.
8.2 Record Drawings
FNI shall prepare record drawings from information provided by the Owner depicting any
changes made to the Final Drawings during construction. The following information shall be
provided by the Owner:
o As -Built Survey
o Red -Line Markups from the Contractor
o Red -Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
FNI 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 FNI and shall be placed on each plan sheet, whether there are any
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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
• Construction inspection and materials testing services shall be conducted by others.
• One (1) site visit per month are assumed.
• Construction schedule is assumed at twelve (12) months.
• Twenty (20) submittal reviews are assumed.
• Four (4) RFI's are assumed.
• Two (2) Change Orders are assumed.
DELIVERABLES
A. Response to Contractor's Request for Information
B. Review of Change Orders
C. Review of shop drawings
D. Final Punch List items
E. Record Drawings
TASK 9. GEOTECHNICAL INVESTIGATION
9.1 Field Exploration
Coordinate field activities for site access. Contact Texas One Call System and local utilities to
locate buried utilities within existing easements and right-of-way. Travel to site to mark
borings and coordinate with utilities.
Drill five (5) borings to a depth of 25 feet for the detention pond and one (1) boring to a depth
of 35 feet for the spillway. During drilling, obtain soil samples for testing using 3-inch diameter
Shelby tubes for cohesive soils and using a 2-inch diameter split -barrel sampler for non -
cohesive soils. Perform Texas Cone Penetrometer (TCP) tests in rock and rock -like material,
as appropriate. Backfill borings with cuttings. Observations of seepage and groundwater will
be recorded.
Provide an engineer or geologist to log the borings, direct the drilling, record the blow counts
from field tests, and handle and store the samples. Select samples for laboratory testing, assign
tests, and review test results. Tests are expected to include classification tests (liquid and plastic
limits, percent passing the #200 Sieve and gradation tests), moisture contents and unconfined
compression tests.
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Perform a slope stability analysis for the proposed pond for one section, at the maximum
section. Triaxial strength tests will not be performed and material parameters will be
determined using classification tests, unconfined compression tests and published correlations.
Conditions to be analyzed include end of construction, steady state and rapid drawdown.
Review subsurface conditions and soil properties and discuss the implications for design with
FNI civil designers. FNI will prepare a technical memorandum of the geotechnical
investigation presenting the boring locations, boring logs, lab test results and a discussion of
general subsurface conditions at the site and their impact on the design. The report will include
the slope stability analysis and provide recommendations for subgrade preparation for the pond
and the spillway, recommended foundation type(s) and allowable loading, lateral earth
pressures for the spillway, and a general discussion of construction issues.
9.2 Laboratory Testing
Testing shall be performed on samples obtained from the borings to determine soil
classification and pertinent engineering properties of the subsurface materials. FNI will 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.
9.3 Reporting
• 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.
• Recommendations for use during design of the custom structures, including allowable bearing
pressure, settlement potential, and equivalent lateral earth pressures due to backfill.
• General discussion of expected construction related issues.
• Earthwork related recommendations for use during development of the plans and
specifications.
• The geotechnical engineer will collaborate with 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.
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TASK 10. FEMA COORDINATION
FNI will prepare a LOMR for Stream PEC-5 following construction as follows:
• Obtain Effective models from FEMA library.
• Prepare duplicate effective and corrected effective models.
• Prepare post -project model demonstrating detention benefit.
• Prepare hydrology revision in FEMA standards including summary of discharges table.
• Complete MT-2 forms, LOMR report, hydraulic workmap, and associated information.
• Submit LOMR to City for review.
• Incorporate City comments and submit to FEMA.
• Respond to up to three (3) rounds of comments from FEMA.
• Scope assumes CLOMR is not required. If a CLOMR is required, it will be considered an
additional service.
TASK 11. ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION
The original agreement executed in 2010 for Construction Phase Services assumed that FNI would
provide one full-time Resident Project Representative (RPR) on the project for 30 months to augment
City staff inspectors and construction managers. However, FNI provided two full-time RPR's and one
part-time construction manager at the Owner's direction to adequately inspect and manage the
construction of the project, and the budget for these services was depleted in September 2018. The
Owner directed FNI to continue RPR and construction management services through February 15, 2019,
and this proposal includes RPR services and oversight through that time. Services include the
following:
• Resident Project Representative Services: Review progress schedules, coordinate shop
drawing and submittal reviews, attend meetings with the contractor and Owner, conduct on -
site observation of the work in progress, coordinate communication between contractor,
Owner and engineer, including Requests for Information, maintain records of all quantities of
work installed each day, prepare daily progress reports, review monthly payment applications
from the contractor.
• Construction management: Coordinate communication between the contractor, Owner and
engineer, including Requests for Information, Contract Modification Requests, negotiation of
Change Orders, and facilitation of construction progress meetings.
TASK 12. ADDITIONAL CONSTRUCTION MATERIALS TESTING (FUGRO)
The original estimated fee for Construction Materials Testing (including in -place density tests, moisture -
density tests, Atterberg limits tests, lime/soil gradations, and concrete compressive strength tests) was
generated prior to final design of the project. As construction has progressed, the testing lab (Fugro) has
determined that the original estimate did not include sufficient effort to provide testing per City
specifications and has requested additional fee to complete the portion of the project north of Quail
Creek Road. The complete scope is included as Attachment 1.
Page 11 of 13
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
TASK 13. DISPUTE ANALYSIS AND MEDIATION SUPPORT (FORESIGHT)
Provide analysis of the Change Order Request submitted by Zachry Construction on January 22, 2019.
These services are to be provided by Foresight Planning & Engineering Services, LLC. The complete
scope is included as Attachment 2.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Owner and FNI agree that the following services are beyond the Scope of Services described in the tasks
above. However, FNI can provide these services, if needed, upon the Owner's written request. Any
additional amounts paid to FNI 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 easement documents as a result of negotiations or project changes after prior
City direction and approval
• Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding
of the contract for construction.
• Construction management and inspection services after February 15, 2019.
• Services necessary due to default or claims by the Contractor.
• 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 Owner.
• Performance of miscellaneous and supplemental services related to the project as requested
by the Owner.
• Stormwater Pollution Prevention Plan (SWPPP) permitting
• 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 of Environmental 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 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.
Page 12 of 13
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
• 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.
• Electrical or lighting design
• Irrigation design
• Design of water or sewer relocations
Page 13 of 13
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
Freese and Nichols, Inc.
FEE PROPOSAL SUMMARY - AMENDMENT:: y
MAYHILL ROAD WIDENING AND IMPROVEMENTS
Task 1 -
Design Management
$
49,233
Task 2 -
Conceptual Design
$
68,964
Task 3 -
Preliminary Design
$
154,191
Task 4 -
Final Design
$
222,557
Task 5 -
Bid Phase Services
$
24,079
Task 6 -
Additional Design Tasks for Mayhill Road
$
11,816
Task 7 -
Additional Design Contingency
$
100,000
Task 8 -
Construction Phase Engineering Support
$
150,168
Task 9 -
Geotechnical Investigation
$
16,456
Task 10
- FEMA Coordination
$
42,350
Task 11
- Construction Management/Inspection
$
316,999
Task 12
- Additional Construction Materials Testing
$
115,874
Task 13
- Change Order Request Analysis
$
91,523
AMENDMENT #6 TOTAL $ 1,364,210
3/19/2019
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
Attachment Al _PGRo
FUGRO USA LAND, INC.
2517 East Loop 820 North
Fort Worth, Texas 76118
T +1 817 284 9595
F +1 817 284 4480
August 7, 2018
Proposal No. 04.41172074
Mr. Spencer B. Maxwell, P.E., PTOE
North Texas Transportation
FREESE AND NICHOLS, INC.
4055 International Plaza, Suite 200
Fort Worth, TX 76109
COST ESTIMATE FOR
CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES
MAYHILL ROAD WIDENING AND IMPROVEMENTS
DENTON,TEXAS
Dear Mr. Maxwell:
We are pleased to have been selected to perform the construction materials testing services for this project
and submit our cost estimate to provide these services. The project consists of the widening and improvements of
Mayhill Road from McKinney Street to University Drive (U.S. 380) and from Colorado Boulevard to McKinney Street.
Our estimated cost for the above referenced project is $315,340.00. A cost breakdown based on the project plans
and specifications, the contractor's quantities, and the construction schedule follows. Our firm meets the basic
requirements of ASTM E 329, is AASHTO accredited and is authorized to operate in the State of Texas.
SCOPE OF SERVICES
We estimate that the following services will be required:
■ In -place density testing of pavement subgrade, embankments, utility backfill, general fills and other
miscellaneous areas;
■ Concrete placement monitoring and compressive strength testing.
BUDGET RECOMMENDATIONS FOR TESTING SERVICES
Our budget recommendations are based upon the project plans/specifications produced by Freese and
Nichols, Inc. dated March 17, 2017, the contractor quantities, and construction schedule. Unit Fees and Budget
Recommendations are attached detailing the number of tests proposed and our unit fees for performance of these
tests. Our unit fees include all estimated technician time and administrative charges for performance and review of
tests. Our invoices will be based on the enclosed unit rate schedule. Yotj will be invoiced foie ofi°Illy t:lhs actual
services piroviiided. deirviiisss urcKluuli°rid in nddiltliioirri to tlriose outllliiriisd hersiiin will be Ilbilled in acco°°dsnce wit[ii
the attached fee sralhsdt le, Ilbut will not be exceeded rviiitliomjt yomjr exllP il° ,ss sritllhiioiw°iiissti()iri,
A member of the Fugro Group of companies with offices throughout the world
Attachment Al
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
MAYHILL ROAD WIDENING AND IMPROVEMENTS
Proposal No, 04.41172074 Ti
August 7, 2018
TERMS AND CONDITIONS
Please see attached schedule 40.01 (Jan. 17) for terms and conditions for providing testing services. This
project will be billed on the basis of work performed at the attached unit fees. Our services will be billed monthly with
payment expected upon receipt of our invoice. The scheduling of our services at this project will be through the
project general contractor.
Materials testing services are for quality control purposes only. Although our personnel do not have
responsibility for job site safety of others or stop -work authority, they will conduct their work in a safe, workmanlike
manner and will observe work site safety requirements.
To indicate acceptance of our proposal, please have the signature block below signed by a duly authorized
person in the space provided and return the attached copy to us for our files. Whoever signs this proposal is identified
as our Client as used per the attached proposal and throughout schedule 40.01.
We thank you for the opportunity to submit this proposal and look forward to working with you on this project.
Please feel free to contact us if you have any questions or need any additional information.
FKC:bi
Enclosures
CLIENT:
Authorizing Signature
Name and Title
Sincerely,
FUGRO USA Land, INC.
WTBP m Regi tratiort No 299
oy R. Grant, P.E.
Branch Manager
Company
Date
2
Attachment Al
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
MAYHILL ROAD WIDENING AND IMPROVEMENTS
Proposal No. 04,41172074
August 7, 2018
PROFESSIONAL AND TECHNICAL FEES
1.0 Analysis, Consultation, and Report Preparation. Fees for our professional services, including project
administration, are based on the time of professional, technical, and other support personnel directly applied
to the project. Personnel participating in judicial proceedings, whether it be expert or witness testimony,
delivery of depositions, consultation to legal counsel, or preparation for such, will be billed at 1.5 times the
standard rates quoted below. Overtime rates for hourly personnel will be billed at 1.35 times standard rates.
Rates for Sunday and holiday work and emergency response will be quoted on request.
Principal
Senior Consultant
Senior Professional
Project Professional
Testing Supervisor
Staff Professional
Specialist Technician
Drafter
Senior Technician
Word Processor
Technician
$200
$170
$150
$125
$100
$ 90
$ 70
$ 60
$ See attached proposal
$ 55
$ See attached proposal
2.0 Other Services. Project may require other services, such as: field exploration, field or laboratory testing,
reproduction, or computer services, which are not covered by this schedule.
Notes:
(1) The above rates are based upon performing these services in non -hazardous, non -toxic
environments.
(2) Overtime rates are billed after 8 hrs./technician/day and Saturday services and for services
provided prior to 7:00 a.m. and after 5:00 p.m. (Sunday/Holiday rates quoted upon request.)
(3) All services are billed portal to portal. Minimum 2 hours charge/trip.
(4) Our fees do not include temperature control for the initial field -curing environment of the
compression test cylinders, or the supplying a temperature controlled curing box. This we
would assume to be supplied by the concrete supplier or contractor if required.
I
Attachment Al
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
MAYHILL ROAD WIDENING AND IMPROVEMENTS
DENTON,TEXAS
PROPOSAL NO.04.41172074
1.0 EARTHWORK TESTING
Sample soils in field to perform laboratory tests to establish moisture/density relationships, determination of
liquid limit, plastic limit and plasticity of soils, perform in -place density tests on subgrade and backfill.
Proposed
ITEM
DESCRIPTION
_._......_..
Quantity
Unit Rate
Amount
.�.................. -.._
In -Place Density Tests (Minimum 2 Density
�
_......................
1.1
Tests/trip)
2,800 ea.
$14.00
$39,200.00
1.1.1 Total Tests
_1.2.........
Moisture Density Relationship (ASTM D 698)
20 ea.
$160.00
$3,200.00
1.3
Atterberg Limits Tests (Liquid Limit, Plastic Limit
20 ea.
$50.00
$1,000.00
and Plasticity Index tests)
1.4
-200 Sieve Analysis
20 ea.
$30.00
$600.00
1.5
pH LimeSeriesTest
3 ea.
$160.00
$ 480.00
_. .. 1.6
Lime/Soil Gradations
—mmmmmm100 ea.
$14.00
$1,400.00
1.7
............... __........_.
Technician Time (Sampling & Testing) Regular
_....__...............
1,600 hrs.
$44.00
$70,400.00
Time
1.8
Technician Time (Sampling & Testing) Overtime
500 hrs.
$59.40
$29,700.00
SUBTOTAL EARTHWORK TESTING
$145,980.00
2.0 CONCRETE TESTING
Sample concrete in field, perform slump and air tests (air entrained concrete) for each set of cylinders. Identify
time batched and time of placement, record concrete and ambient temperatures, weather conditions and water
added on -site. Cast, transport, test and report as results are made available.
Proposed
ITEM
DESCRIPTION
.. .......d
Quantity
Unit Rate
Amount
on 5 ea.
2.1
4"x8" cylinders per set, per 150 cubic yards)
2,600 ea.
$14.00
$36,400.00
2.1.1 All Placements
__ ...
2.2
_..._.
Technician Time — Concrete Sampling
1,800 hrs.
_______________
$44.00
$79,200.00
2.2.1 All - Regular Time _..._....___
2.3
..............................
. Technician Time - Overtime
_
400 hrs.
_............
$59.40
$23,760.00
SUBTOTAL CONCRETE TESTING$139,360.00
4
Attachment Al
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
MAYHILL ROAD WIDENING AND IMPROVEMENTS
Proposal No. 04.41172074
August 7, 2018
INCLUDES NIGHT AND SOME WEEKEND WORK
3.0 MISCELLANEOUS
�'rolaoe
I I uan It Unit Rate Amount
3 1 Vehicle Charge, trip (Round Trip) 400 ea. 7.0 $30,000.00
$30,000.00
............_.—.
TOTAL ESTIMATED COST $31,340.00
:Irevbr s� y Ufllhoilzed u'rrOr.111t:$210,000,,00
I �° tat l thl r.ithoilirr d� iiru 1 5, 40,
S
Attachment Al
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
FUGRO USA LAND, INC.
Schedule 40.01 (Rev. Jan. 2017)
Page 1 of 1
GENERAL CONDITIONS FOR TECHNICAL SERVICES
1. Parties to This Agreement
CLIENT as used herein is the entity who authorizes performance of services by Fugro USA Land, Inc. (FUGRO) under the conditions stated herein,
FUGRO as used herein includes, Fugro USA Land, Inc., its employees and officers, and its subcontractors and sub -consultants (including affiliated
corporations).
2. On -site Res onsi ili ues and Risks
2.1 Right -of -Entry. Unless otherwise agreed, CLIENT will furnish unfettered rights -of -entry and obtain permits as required for FUGRO to perform
the fieldwork.
2.2 Damage to Property. FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGRO's operations.
However, CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage, If CLIENT
desires FUGRO to repair and/or pay for damages, FUGRO will undertake the repairs and add the pre -agreed cost to FUGRO's fee.
2.3 Toxic and Hazardous Materials„ CLIENT will provide FUGRO with all information within CLIENT's possession or knowledge as to the potential
occurrence of toxic or hazardous materials, or Biological Pollutants (as defined in 9. below) at the site being investigated,. If unanticipated toxic
or hazardous materials, or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's field operations at
CLIENT's expense. Remobilization will proceed following consultation with FUGRO's safety coordinator and CLIENT's acceptance of proposed
safety measures and fee adjustments.
2A Utilities and Pipelines. While performing FUGRO's fieldwork, FUGRO will take reasonable precautions to avoid damage to subterranean and
subaqueous structures, pipelines, and utilities. CLIENT agrees to defend, indemnify, and hold FUGRO harmless for any damages to such
structures, pipelines, and utilities that are not called to FUGRO's attention and/or correctly shown on plans furnished to FUGRO.
2,5 Site Safety. FUGRO is not responsible for the job site safety of others, nor does FUGRO have stop -work authority over work by others.
However, FUGRO will conduct its work in a safe, workman -like manner, and will observe the work -site safety requirements of CLIENT that
have been communicated to FUGRO in writing.
3. Standard of Care
3.1 FUGRO will perform its services consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions in the same location.
3.2 CLIENT acknowledges that conditions may vary from those encountered at the location where borings, surveys, or explorations are made and
that FUGRO's data, interpretations, and recommendations are based solely on the information available to FUGRO, and FUGRO is not
responsible for the interpretation by others of the information developed.
4, Limitation of Remedies
To the greatest extent permitted by law, CLIENT's sole remedy against FUGRO for claims and liabilities in any way arising out of or
directly or indirectly related to FUGRO's work for CLIENT will not exceed an aggregate limit of $50,000 or the amount of FUGRO's fee,
whichever is greater, regardless of the legal theory under which remedy is sought, whether based on negligence [whether sole or
concurrent, active or passive], breach of warranty, breach of contract, strict liability or otherwise. In the event CLIENT does not wish to limit
FUGRO's remedy to this sum, and if CLIENT requests in writing prior to acceptance of this Agreement, FUGRO agrees to negotiate a greater
remedy amount in exchange for an increase in scope and fee appropriate to the project and remedy risks involved.
5. Invoices and Payment
At FUGRO's discretion, invoices will be submitted at the completion of task elements, or monthly for services rendered. Payment is due upon
presentation of FUGRO's invoice and is past due thirty- (30) days from invoice date. CLIENT agrees to pay a financing charge of one percent (1 %)
per month (or the maximum rate allowable by law, whichever is less), on past due accounts, and agrees to pay attorney's fees or other costs
incurred in collecting any delinquent amount.
6, Data, Records, Worts Product and ReoorI s1 and aim Igg
Data, Records, Work Product and Report(s) are FUGRO's property. All pertinent records relating to FUGRO's services shall be retained for a
minimum of two (2) years after completion of the work. CLIENT shall have access to the records at all reasonable times during said period.
FUGRO will retain samples of soil and rock for a minimum of 30 days after submission of FUGRO's report unless CLIENT advises FUGRO
otherwise. Upon CLIENT's written request, for an agreed charge FUGRO will store or deliver the samples in accordance with CLIENT's instructions.
7. Indemnification
Each party (Indemnitor) shall protect, defend, indemnify and hold harmless the other party (Indemnitee) from and against any claims, damages,
losses, and costs arising from this Agreement or the project, including, but not limited to, reasonable attorney's fees and litigation costs, to the
extent such claims, damages, losses or costs are caused by the negligence of the Indemnitor regardless of the negligence of the Indemnitee its
employees, affiliated corporations, officers, and sub -tier parties in connection with the project.
$. Oon a uential Dama es
Notwithstanding any other provision of this Agreement, CLIENT and FUGRO waive and release any claim against the other for loss of revenue,
profit or use of capital, loss of services, business interruption and/or delay, loss of product, production delays, losses resulting from failure to meet
other contractual commitments or deadlines, downtime of facilities, or for any special, indirect, delay or consequential damages resulting from or
arising out of this Agreement, or as a result of or in connection with the work, and whether based on negligence (whether sole or concurrent, active
or passive), breach of warranty, breach of contract, strict liability or otherwise.
9, Biological Pollutants
FUGRO's scope of work does not include the investigation, detection, or design related to the presence of any Biological Pollutants. The term
"Biological Pollutants" includes, but is not limited to, mold, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms.
CLIENT agrees that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged, arising from, or caused directly or
indirectly by the presence of or exposure to any Biological Pollutants. In addition, CLIENT will defend, indemnify, and hold harmless FUGRO from
any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants, If CLIENT
requests in writing prior to acceptance of this Agreement, FUGRO will negotiate a greater limitation amount, and remove CLIENT's responsibilities,
in exchange for an increase in fee to develop an expanded scope of work to provide biological pollutant protection.
10. Acceptionce of A reem nt
These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO. FUGRO will not
initiate service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS. Acceptance or authorization to
initiate services shall be considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS.
Furthermore, all preprinted terms and conditions on CLIENT's purchase order or purchase order acknowledgment forms are inapplicable to these
GENERAL CONDITIONS and FUGRO's involvement in CLIENT's project.
11, Termination of Contract
CLIENT and FUGRO may terminate services at any time upon ten (10) days written notice, In the event of termination, CLIENT agrees to fully
compensate FUGRO for services performed including reimbursable expenses to the termination date, as well as demobilization expenses. FUGRO
will terminate services without waiving any claims or incurring any liability.
Attachment Al
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
FORESIGHT Attachment A2
PLANNING 8, ENGINEERING SERMES, LI C.'
City Of Denton Mayhill Road Reconstruction
Dispute Analysis & Mediation Support
Proposed Scope of Services
Foresight Planning & Engineering Services, LLC (Consultant) shall support the settlement
of an outstanding dispute on a construction project with tasks listed in detail below to the City of
Denton (Client). This work authorization effort is anticipated not to exceed approximately 535
labor hours for schedule analyst (61 %), technical writer (18%), admin/clerical (15%), and project
management (7%) services, and Consultant shall perform the following tasks each at the
direction of Client:
1 Proposal Analysis & Dispute Mediation
2 Schedule Analysis Support
3 Cost Analysis Support
4 Consultant Contract Administration
Task 1: Proposal Analysis & Dispute Mediation
At the direction of Client, Consultant shall work with the Client's Department or Representative
administering the contract that has a dispute and perform the following:
Activities:
1.1 Review the submitted dispute materials to -date (COR #33 from contractor)
1.2 Gather project documentation from Client files
1.3 Perform research on contract requirements, legal precedents, contemporaneous
nature of project data, and other discovery to clarify the basis for the proposal
1.4 Develop timeline of events based on project files
1.5 Submit a report in a Client -approved format presenting the facts in the dispute,
including findings from Tasks 2 and 3 below, and the recommendation for settling or
denying the dispute.
1.6 Schedule and meet with the appropriate staff and representatives from the Client and
construction contractor separately, then facilitate a meeting between parties to attempt
to mediate a settlement
1.7 Revise and submit final report from Item 1.5 above based on settlement between the
Client and construction contractor
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
Assumptions:
• The essential features of the dispute are limited to the Client's assessment of
statements contained in Change Order Request (COR) #33
• Persons from the Client's staff and/or consultants shall be generally available for
interviews by Consultant either in -person or teleconference
Deliverable(s):
1.1 List of project documents needed as cited, or otherwise deemed necessary during
review, for further analysis
1.2 List of project documents used by Consultant to address dispute
1.3 Summary of applicable contract terms, specifications, case law and/or industry
precedents
1.4 List of documented events that were identified as materially significant to disruptions
associated with utility relocation on the project
1.5 Draft COR #33 Analysis Report of findings of time- and cost -impacts with
recommendations for supportable contract adjustments — contract value and time — to
settle dispute
1.6 Agenda & meeting minutes for dispute mediation meetings between the Client and
construction contractor
1.7 Final COR #33 Analysis Report with recommendations to execute Change Order, if
applicable
Task 2: Schedule Analysis Support
At the direction of Client, Consultant shall analyze the schedule during construction of the
Mayhill Road project to assist with resolving the Client's dispute of damages claimed by the
contractor and perform the following:
Activities:
2.1 Confirm review status of project schedules
2.2 Prepare a Project Schedule Status Report (PSSR) to evaluate incremental
gains/losses with analyzed impacts to critical path
2.3 Prepare Schedule Analysis to consider potential impacts due to differing site
conditions, unknown utilities, and other detected cause(s) to schedule loss(es) during
the impact period described by the construction contractor in COR #33 materials
Attachment A2
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
Assumptions:
• Project schedules have been reviewed for compliance with the contract, accepted by
the Client, and considered part of the project file
Schedule analysis may use the "As -Built But For' method of analysis in lieu of any
opportunity to use other contemporaneous methods
Deliverable(s):
2.1 Summary of schedules received and reviewed (by others)
2.2 PSSR table and chart
2.3 Delay Analysis summarizing excusable/non-excusable portions of delay
Task 3: Cost Analysis Support
At the direction of Client, Consultant shall analyze proposed costs for potential damages
incurred by the contractor that are disputed by the Client during construction of the Mayhill Road
project and perform the following:
Activities:
3.1 List compensable and non-compensable components of disputed costs per issue
based on interpretation of contract and prevailing specifications
3.2 Identify additional materials or project data to request from contractor
3.3 Analyze submitted direct, indirect, and/or other costs associated to compensable
damages and/or perform independent cost estimates for damages in lieu of complete
data available
Assumptions:
• Materials submitted by contractor in COR #33 may not reflect all data available, some
component(s) of which may be required for specific analysis, which is Client's
responsibility to request or produce
Deliverable(s):
3.1 Tabulated analysis of compensable and non-compensable components of costs
submitted by contractor a
'W
3.2 List of additional data for Client to request from construction contractor
3.3 Cost Quantum Analysis report summarizing compensable/non-compensable portions
of claimed damages
Attachment A2
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
Task 4: Contract Administration
At the direction of Client, Consultant shall provide timely status reports, invoices, and other
documentation to confirm delivery of services rendered by performing the following:
Activities:
4.1 Submit a proposed completion schedule for approval
4.2 Submit a monthly status report in a Client -approved format m
4.3 Submit a monthly invoice and statement to the identified Client project manager
4.4 Transmit electronic copies to the Client via secure file transfer or digital media
Assumptions:
• Client maintains templates and/or standards for status reporting, invoicing, and other
contract administration tasks that may be made available to Foresight
• Client staff have access to common file transfer services, hardware to read disk(s),
etc. and are supported by non -Foresight personnel for IT assistance
• Time estimate is approximately three (3) months
Deliverable(s):
4.1 Proposed Consultant Work Schedule for approval
4.2 Monthly Status Report for concurrence
4.3 Monthly Invoice, including any needed backup materials, as basis for payment
4.4 Disk containing project files produced by Consultant or listing of files transmitted via
secure file transfer service
Exclusions:
The following services may be considered for future consideration to provide support for the
Client but have been specifically excluded for development of this Proposal:
• Review of baseline, revision, and/or update schedules
• Creation of "As -Planned" and/or "As -Built" schedules in lieu of baseline(s) and/or updates
available, respectively
Attachment A2
DocuSign Envelope ID: 7699F010-D5C9-4322-9BA0-77B01C299924
• Analysis of any other Change Order Proposal
• Development of standards or templates to support future Change Order Proposal
analysis and/or Dispute Mediation tasks
• Meeting(s) with Client, contractor, and/or representatives to mediate dispute other than
those described above
• Preparation of materials to facilitate Change Order approval process
• Litigation support or expert testimony in any legal proceedings
• Other direct expenses, e.g. copies, printing, travel, etc.
Attachment A2
1
---------------------
Certificate Of Completion
Envelope Id: 7699F010D5C943229BA077B01C299924
Subject: Please DocuSign: City Council Contract 4511 Amendment 5
Source Envelope:
Document Pages: 34 Signatures: 5
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
3/28/2019 1:42:02 PM
Signer Events
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Bosco
cb@freese.com
Principal
Freese and Nichols, Inc.
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/1/2019 9:39:01 AM
ID:182a0c28-31a3-41ac-bOc6-663358228c11
Holder: Jamie Cogdell
Jamie. Cogdell@cityofdenton.com
Signature
Completed
Using IPAddress: 129.120.6.150
E
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
[D—Si,ned by:
7F9D328BF0204E5...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
ECD0CUSi,n1d by:
VtS bbs%o
135DEFFAC81C470...
Signature Adoption: Pre -selected Style
Using IPAddress: 97.75.108.6
Doclut
S 9 C U a 9 0
Status: Completed
Envelope Originator:
Jamie Cogdell
901 B Texas Street
Denton, TX 76209
Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 3/28/2019 1:44:35 PM
Viewed: 3/28/2019 1:44:46 PM
Signed: 3/28/2019 1:45:28 PM
Sent: 3/28/2019 1:45:30 PM
Viewed: 3/28/2019 1:47:03 PM
Signed: 3/28/2019 1:47:25 PM
Sent: 3/28/2019 1:47:28 PM
Viewed: 3/29/2019 11:39:08 AM
Signed: 3/29/2019 11:58:52 AM
Sent: 3/29/2019 11:58:55 AM
Resent: 4/1/2019 8:21:29 AM
Viewed: 4/1/2019 9:39:01 AM
Signed: 4/1/2019 9:40:58 AM
Signer Events
Todd Estes
todd.estes@cityofdenton.com
City Engineer
Capital Projects
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/1/2019 10:10:33 AM
ID: a7a91acf-d6ea-4bb2-a19a-1527b7eb0338
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd. Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/17/2019 10:47:47 AM
ID:1fd55f5b-8cb9-47a4-b031-9de7c55908b7
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
Doons�gnea by:
�
0658E4F8FB78476...
Signature Adoption: Drawn on Device
Using IPAddress: 174.206.55.215
Signed using mobile
Using IPAddress: 129.120.6.150
[D—Si,ned by:
B77SC711BAOD454...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
ERDOCUSi,ned by:
a P4as
1C5CA8C5E175493...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
Signature
Status
Status
Status
Status
Status
Timestamp
Sent: 4/1/2019 9:41:00 AM
Viewed: 4/1/2019 10:10:33 AM
Signed: 4/1/2019 10:11:13 AM
Sent: 4/1/2019 10:11:16 AM
Viewed: 4/17/2019 8:30:41 AM
Signed: 4/17/2019 8:30:58 AM
Sent: 4/17/2019 8:31:01 AM
Viewed: 4/17/2019 10:08:50 AM
Signed: 4/17/2019 10:08:57 AM
Sent: 4/17/2019 10:08:59 AM
Viewed: 4/17/2019 10:47:47 AM
Signed: 4/17/2019 10:48:54 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 3/28/2019 1:45:29 PM
Carbon Copy Events Status Timestamp
Sherri Thurman Sent: 3/28/2019 1:45:30 PM
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson Sent: 4/17/2019 8:31:00 AM
jane.richardson@cityofdenton.com L__��X �ED
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson Sent: 4/17/2019 10:48:56 AM
jane.richardson@cityofdenton.com Viewed: 4/23/2019 3:43:53 PM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger Sent: 4/17/2019 10:48:57 AM
annie.bunger@cityofdenton.com L_SR!l E D Viewed: 4/17/2019 10:54:14 AM
Administrative Assistant IV
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
4/17/2019 10:48:57 AM
Certified Delivered
Security Checked
4/17/2019 10:48:57 AM
Signing Complete
Security Checked
4/17/2019 10:48:57 AM
Completed
Security Checked
4/17/2019 10:48:57 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Chris Bosco, Todd Estes, Todd Hileman, Rosa Rios
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.