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21-492
ORDNANCE NO.21-492 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORLZHqG THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BRDGEFARMER & ASSOCIATES, NC., FOR THE TEXAS WOMAN’S UNIVERSITY (TWU) AREA CAPITAL PROJECTS PROGRAM - PHASE 1 FOR CAPITAL PROJECTS-ENGUVEERING DEPARTMENT. AS SET FORTH IN THE CONTRACT; PROVEDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDRqG AN EFFECTIVE DATE (RFQ 6590-106 – PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES AWARDED TO BRIDGEFARMER & ASSOCIATES, NC., Hq THE NOT-TO-EXCEED AMOUNT OF $1,577,270.00). WHEREAS, on March 6, 2018 and June 5, 2018, the City Council approved a pre-qualified engineer list (Ordinance 2018-331) and the professional services provider (the “Provider”), mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations 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 ORDAnJS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with to Bridgefarmer and Associates, Inc., to provide professional engineering services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. 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 approval. The motion to 4pprove this ordinance was made by ) ess e Oa at S and seconded by PaUl M{ LA Ye f , the ord by the following vote U - Aye Nay Abstain Absent Mayor Gerard Hudspeth: Birdia Johnson. District 1 : Connie Baker. District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: \/ \/ V MFA–RbItmrMRT–OI V= P \/ \/ PASSED AND APPROVED this the a3' d day .f (y\ArCh-2021 IttII 111111t ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY \XIWaLIb \JLtVb Digitally signed by MaKella Lunn DN: dc=com, dc=dtyofdenton, dc=codad. ou=Department Users and Groups, ou=General Government, ou=Legal, cn=Marcella Lunn. email=Marcella.Lunn@cityofdenton.comBY: DocuSign Envelope ID: 08995C4C-E9DO-44ED-830D-92F3FB81C8A3 DENTON Docusign City Council Transmittal Coversheet 6590-106PSA File Name I TWU Area Caplta1 Projects Program–Phase 1 P„,h„ingContact c ''i p '"”‘ City Council Target Date March 23’ 2021 p1 1 cab1 ePiggy Back Option Contract Expiration Ordinance Not AP N/A 21–492 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Bridgefarmer & Associates, Inc., with its corporate office at 2350 Valley View Lane STE 100. Dallas. TX 75234 and authorized to do business in Texas (''ENGINEER"), for a PROJECT generally described as: TWU Area Capital Projects Program (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $1,577,270.00 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment D. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 18 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment D to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) in the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) if the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer Amendments to Section 4, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/1 8 Page 2 of 1 8 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) in soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/18 Page 3 of 1 8 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) in providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER’s knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 1 8 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 1.Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/18 Page 5 of 1 8 DocuSign Envelope ID= 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 J. INSURANCE (1) ENGINEER’S INSURANCE a.Commercial General Liability – the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location . 1.The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing 11.ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b.Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-owned autos. when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. 1.ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers’Compensation –ENGINEER shall maintain workers City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 18 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. 1.ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d.Professional Liability – ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution . b.Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon . d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e.A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/18 Page 7 of 18 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g.Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i.The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis. shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k.Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 1 8 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1 ) if asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation . (2) if asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 1 8 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and ENGINEER’s agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City Amendments to Section 5, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment D. E. Prompt Notice City of Denton. Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/1 8 Page 10 of 18 DocuSign Envelope ID: 08995C4C-E9D0“+4ED-830D-92F3FB81C8A3 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER’s negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 11 of 18 DocuSign Envelope ID: C)8995C4C-E9D0-44ED-830D-92F3FB81C8A3 the CITY has to bring a claim against ENGINEER I. CITy's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions Amendments to Section 6, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/1 8 Page 12 of 18 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to ENGINEER. b.by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction. (2) if this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 18 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S LIABILITY G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 18 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By sIgning this AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 18 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 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. 2 3 4 5 6. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm Register utilizing the tutorial provided by the State Print a copy of the completed Form 1295 Enter the Certificate Number on page 2 of this contract. Complete and sign the Form 1295 Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. O. Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Engineer shall complete and submit the City’s Conflict of Interest Questionnaire. P. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/1 8 Page 16 of 18 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. Duly executed by each party’s designated representative to be effective on the date subscribed by the City Manager. ENGINEER CITY OF DENTON, TEXAS DocuSigned by: By, 1 MMSaor atSaw ?aRmED SIGNATURE 'DocuSigrnd by: BY, I s'.' U'..Iq !;?T,M:ny TiP%1 SARA HENSLEY, INTERIM CITY MANAGER Printed Name: Mansoor Ahsan Title. chief Executive Officer ATTEST: ROSA RIOS. CITY SECRETARY 972-231-8800 BY: 'lC5CA8C5E 1 75493PHONE NUMBER Ahsan@brldgefarme r . com EMAIL ADDRESS APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY 2020-582443 TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER BY: [Maral£ahw& 4B070&M438. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/1 8 Page 17 of 18 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Rebecca Dlvl ney PRINTED NAME Director of capita1 Projects/City Engineer TITLE Caplta1 Projects - Englneeri ng DEPARTMENT City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 18 of 18 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 g g # REtHbtit: :1fN%:1:iI ATTACHMENT “A“ Scope for Engineering Desiqn Related Services for Street Improvements 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 performed and address the needs of the Project. OBJECTIVE The objective of this project is to complete 30% PS&E for TWU Area capital Projects Program – Phase 1, and to perform a final quiet zone study for Mingo Road. The project will be separated into five (5) components as detailed below: 1)Mingo Road at Ruddell Street Intersection Improvements: Design of intersection improvements to the Mingo/Ruddell intersection to include a 4-lane divided (curb & gutter) typical section for Ruddell, and a 3-lane urban (curb & gutter) typical section with turn lanes for Mingo. Also perform a feasibility analysis to relocate sanitary sewer along the re-alignment of Ruddell Street. Ruddell Street will be re-aligned to cross UPRR east of the existing intersection with Mingo Road, reconnecting to the existing Ruddell alignment near Texas Street. 2) Mingo Road from Bell Avenue to Ruddell Street: Design of roadway and pedestrian improvements to widen Mingo Road to a 3-lane urban (curb & gutter) typical section with turn lanes at significant intersections, and to add a 10 foot wide trail on one side of the roadway. 3) Mingo Road from Ruddell Street to Mockingbird Lane: Design of roadway and pedestrian improvements to widen Mingo Road to a 3-lane urban (curb & gutter) typical section with turn lanes at significant intersections, and to add a 10 foot wide trail on one side of the roadway. 4) Ruddell Street from US 380 to Mingo Road. a. Design of interim improvements to widen Ruddell Street to a 3-lane typical section . b Design of permanent improvements to widen Ruddell Street to include 2-12’ lanes, a 14’ continuous left turn center lane, 2-8’ parking lanes, an 8’ sidewalk in the northbound parkway, a 10’ sidewalk in the southbound parkway, and improvements at the US 380 / Ruddell intersection to provide pedestrian connectivity to all corners. 5) Perform a quiet zone study for Mingo Road along the project extents The approximate limits of the proposed project are shown in Attachment E. BRIDGEFARMER & ASSOCIATES, INC, THUNDERING HERD WWW.BRIDGEFARMER.COM HEADQUARTERS: 2350 VALLEY VIEW LANE DALLAS, TEXAS 75234 OFFICES IN: LITTLE ROCK, ARKANSAS HOUSTON & AUSTIN, TEXAS I iETR TOLL FREE: 1-855-222-4845 HEADQUARTERS: (972) 231-8800 FAX: (972) 231-5900 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 Work includes, but is not limited to, project management, topographic survey, Level C/D SUE, right-of-way and easement documentation, preparation of 30% PS&E, preparation of exhibits for right-of-way and easement acquisition, preparation of interim exhibits for City Council presentations, and additional task orders as necessary to accomplish this objective. WORK TO BE PERFORMED Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7. Design Management Conceptual Design, for Components 1,2,3,4 Preliminary (30%) Design, for Components 1,2,3,4 Level A-D Subsurface Utility Engineering, for Components 1,2,3,4 Exhibits and legal descriptions for ROW/Easements, for Components 1,2,3,4 Design Survey, for Components 1,2,3,4 Quiet Zone Study for Mingo Road, Component 5 TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER’s and CITY’s time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY’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 CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly. City of Denton, Texas Attachment A Page 2 of 8 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 • 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 •With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule TASK 2. CONCEPTUAL DESIGN The Conceptual Design shall be submitted to CITY per the approved Project Schedule. Conceptual designs shall be performed for each of components 1, 2, 3 and 4 independently The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY’s endorsement of this concept. 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; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. 2.2. ENGINEER will develop conceptual design concepts and communicate these to the city, using design exhibits where needed, in order to convey the design intent and receive the consent of the CITY prior to proceeding to the final design. A formal plans submittal will not be made for this task; however, up to 3 exhibits will be prepared for each of the listed 5 components, as needed for use by the City of Denton in internal and/or public meetings. City of Denton. TexasAttachment A Page 3 of 8 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 TASK 3. PRELIMINARY DESIGN Preliminary PS&E (30% Level) shall be submitted to CITY per the approved Project Schedule. Preliminary designs shall be performed for each of components 1 , 2, 3 and 4 independently. ENGINEER will develop the preliminary design of the infrastructure as follows: 3.1.Development of Preliminary Design Drawings 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 #8901, 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) • • 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. • • • • • • Roadway Cross sections No less than two bench marks plan/profile sheet. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. Preliminary roadway details. A drainage area map will be drawn at maximum 1" = 200’ scale from available 2- foot contour data with the contours labeled. Data source and year will be provided by the CITY. • • • • • Culvert and Stormdrain Plan & Profile Sheets, including inlet and hydraulic calculations Preliminary signing and pavement marking layouts. Grading Plans Pedestrian & bicycle path plans Retaining wall plans City of Denton, Texas Attachment A Page 4 of 8 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 DELIVERABLES A. 30% Plans B. 30% Specifications C. 30% Estimate TASK 4. LEVEL A-D SUBSURFACE UTILITY ENGINEERING (SUE) Engineer will perform level A/B SUE within the existing and proposed Right-of-Way for Mingo Road, the adjacent cross streets within 200 feet of Mingo Road, and along the proposed realignment and widening of Ruddell Street. Additionally, Engineer will perform sixteen (24) level A test holes once level B data has been reviewed. DELIVERABLES A.A CAD file will be prepared depicting the type and horizontal location of the utilities based on records research and field investigations. The size of each utility will be presented in the utility file if this information is indicated on available record drawings. A summary sheet of test hole coordinate data and depth information will be provided, and utility locations will be depicted in the 30% and later plan submittal drawings. TASK 5. ROW / EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY’s Project Manager. 5.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements 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. 5.2 Right-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 documentation shall be provided in conformance with the checklists and templates. DELIVERABLES A. Exhibits and meets and bounds provided on CITY forms for: • 5 copies of up to 69 signed and sealed temporary construction easements / right- of-way acquisition documents City of Denton, Texas Attachment A Page 5 of 8 DocuStgn Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 TASK 6. TOPO DESIGN SURVEY ENGINEER will provide topographic design survey within the Mingo Road Right-of-Way along the project limits, as well as within 100 feet of Mingo Road at cross streets, along the proposed re-alignment of Ruddell, along the proposed widening of Ruddell, at the intersection of US 380 & Ruddell and within 100’ of the intersection, and along Nottingham 300 feet north & south of Mingo. Surveyor will coordinate with railroad as needed. This includes • • Survey Control Survey cross sections on 50’ stations with details of any significant topographic features in between along roadways as shown on exhibit. Topo will extend 25’ beyond the ROW on the northwesterly side and within 25’ of the centerline of theUPRR rail. • • • Tie abutments, columns and/or bridge deck and bottom of outside beam on existing bridge structures Tie storm drain structures with size and flowline Tie all visible utility features with invert and flowline, pipe size and direction, overhead electric lines with poles, water meters, water valves, gas, cable, fiber, tele etccorn • • • • • • Tie all utility lines as marked by one call Trees 6“ and larger Tie 30 bore holes Deliver topo in desired cadd format with associated surface and point files, contours will be shown on 1’ intervals, This includes the re-alignment of Ruddell St. Tie 24 SUE test holes 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). Coordinates on all P.C.’s, P.T.’s, P.I.’s, Manholes, Valves, etc., in the same coordinate system, as the Control. City of Denton, Texas Attachment A Page 6 of 8 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 No less than two horizontal bench marks, per line or location. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. Temporary Right of Entry Preparation and Submittal: • Prior to entering property, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from up to 195 landowners. TASK 7. QUIET ZONE STUDY FOR MINGO ROAD ENGINEER will prepare quiet zone plans, report and calculations for six at-grade crossings along Mingo Road. Consultant will also submit required documents for the Notice of Intent. ENGINEER will use the necessary technical requirements, references, and guides to accomplish this work including, but not limited to: City of Denton Design Standards; FRA - "Train Horn Final Rule”; ADA - Standards for Accessible Design; FHA - Railroad-Highway Crossing Handbook; AASHTO - A Policy on Geometric Design of Highways and Streets; and AREMA - Manual for Rail Engineering; and MUTCD. 7.1 Site Visits/Meetings • Initial site visit • Diagnostic Field Meeting. The involved parties may include, but are not limited to staff from FRA, UPRR Railway, and City of Denton. 7.2 Rail Crossing Inventories •Document detailed field observations for FRA inventories • Gather data and observations for inventories •Update freight rail inventories (assume 6 crossings) •Develop new freight rail inventories (assume 6 crossings) 7.3 Plans Preparation • Quantity Summaries • Typical Sections & Details • Temporary Traffic Control Plan • Signage Plan • Paving Plan 7.4 Notice of Intent City of Denton, Texas Attachment A Page 7 of 8 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 • • • • • • • Develop all design parameters for Quiet Zones mitigation scenarios Analysis and calculations for Quiet Zone mitigation scenarios Construction cost estimates for Quiet Zone mitigation scenarios Prepare NOI for Quiet Zone Address City comments on NOI Prepare technical memo summarizing mitigation scenarios Address City comments on technical memo City of Denton, TexasAttachment A Page 8 of 8 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 City of Denton ATTACHMENT B FEE SCHEDULE EXHIBIT FOR TWU AREA CAPITAL IMPROVEMENTS PROGRAM - PHASE 1 PROVIDER NAME: BRIDGEFARMER & ASSOCIATES, INCT Senior I I CADD I Admin / Engineer I EIT I Operator I Clerical 1 Total Hours mT[imHo-Tm-6- Total Fee PlanjsMr W) g®B©8 Remo-iFlim=iT Roadway Profiles Roadway Typjcal sections Roadway Cross sections Traffic Control GuaFdFabbPlan Signing / Striping Plan r Grading Plan Culvert Plan & Profilesmm 2 6 1 6 4 20 16 60 4 30 16 8 8 26 116 112 47 57 $3,980.00 $17,220.00 $17,640.00 $6,970.00 $8,500.00 $14,880.00 $0.00 $6,760.00 $10,640.00 $7,960.00 $7,000.00 $6,340.00 I T3606 T361 8 40 40 94840 000 0 0 12 241 8 2 8 324 8L =arG – 40 40 24 24 80 B4T––l 45 66 52 44 41 132 4 1 4 32 16 Other Miscellaneous Subtotal:W2 690.oo Railroad Coi;dinatioF; Coordination with Cit\ Coordination with Subconsultants Site Visits Utilities CoordinatEI 40 25 40 $25,800.00 $8,800.00 $7,645.00 $4,840.00 MailbI 16 16 6 SL=4 Bridgefarmer Associates, Inc.1 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 City of Denton ATTACHMENT B Subconsultant Services mTmFFn–[l;m -nz o c Survey / Property Survey Right-of-Way Parcels ($2500 eal Right of Entry Letters LS Parcel Parcel $63,000.00 $2,500,00 W2 1 13 75 $63,000.00 $32,500.00 16,875.00 1Subtotal Survey: I Traffic Control QL "B" (I L 1 1 C :$1 [) 1 1 Test Hole (0-4 ft) Test Hole (4-8 ft] Test Hole (8-12 ft] Test Hole (12-18 ft) Pavement Corin! DAY LF LF EA EA EA EA EA m5 $1.50 $0.45 $950.00 $1,250.00 $1,550.00 52,300.oo a2 1 20000 4000 0 5 0 0 2 $1,500.00 $30,000.00 $1,800.00 $0.00 $6,250,00 $0.00 $0.00 ;400.00 Subtotal SUE: Bridgefarmer Subtotalm 178,085.00 $152,325.00 $330,410.00URl=mEn Bridgefarmer Associates, Inc.2 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 City of Denton ATrACHMENT B M Project Ma :era2 .. e F Engineer I EITmsm 2 TTr–r–I–-TH–:T=== E Admin / Clerical 1 Total Hours Total Fee Pla ]!HIIHM Removals Roadway Horizontal Geometl Roadway Profiles Roadway Tvpi daMons Roadway Cross sections Traffic Control 2 8 8 4 2 12 0 8 8 4 4 12 40 80 12 8 80 0 24 24 30 32 80 40 80 40 60 40 60 0 24 24 30 32 60 8 m© m2 M] 12 20 0 12 12 12 8 lg©I –T–112– 168 152 88r –:2n•r=–771– 06r 68 80 76 204 $9,380.00 $25,160.00 $23,840.00 $13,300.00 $9,200.00 $27,240.00 $0.00 39,440.oo $10,760.00 $12,650.00 $11,920.00 I –––T––-– = I Grading Plan IBMa/ Fapsr =mifHe Stormdrain Plan & Profiles –T–II = 78 ar== Subtotal: t--= E = mmimi $183,170.00 Coordination with Cit\ Coordination with Subconsu ltants Site Visit Utilities Co=mT 40 24 24 16 16 m21 $8,800.00 $7,920.00 M24@.oo 4,840.09 Su btotal :3 Bridgefarmer Associates, Inc.3 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 City of Denton ATTACHMENT B Subconsultant Services mFmtTl=mi;TT–––Tr–r–F–I mao–– mI o phic Survey / Property Survey Right-of-Way Parcels ($2500 eal Right of Entry Letters LS Parcel Parce MooT–Il –I 17 50 $54,900.00 $42,500.00 I -matIB1 W2 Subtotal Surve. t Traffic Control (I L 1 1 B 1 1 QL "C&D" Test Hole (0-4 ft] Test Hole (4-8 ft] Test Hole (8-12 ft) Test Hole (12-18 ft) Pavement Corin! DAY LF LF EA EA EA EA EA $1,500.00 $1.50 $0.45 $950.00 $1,250.00 $ 1,550.00 $2,300.00 Mil@$ $1,500.00 $45,000.00 $2,700.00 $0.00 $7,500.00 SO.oo $0.00 }600.00 6000 0 6 0 0 3 Subtotal SUE: Bridgefarmer subtotM $213,970.00 I ToMtimate! Bridgefarmer Associates, Inc.4 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 City of Denton ATTACHMENT B LW RD FROM Bg[9DELL ST TO MO gIIIgUaM e Engineer I EIT @1 150.00 Admin / Clerical I Total Hours Total Fee :I:Ydq'.tlbG Removals Roadway Horizon=n= Roadway Profiles Ro;a-=;yTI) ;;I Roadway Cross sections a Signing / Striping Plan Traffic Sjgnals a Drainma Maps L Stormdrain Plan & Profiles 1250 0 8 50 40120 0 8 100 60 6 16 60 2 24 88 218 208 98 78 216 0 89 86 104 124 $13,340.00 $32,810.00 $32,060.00 $14,880.00 $11,720.00 $33,520.00 $0.00 $13,530.00 $13,940.00 $16,280.00 $19,580.00 513,000.ooMIMil 40 16 8 40 IiI DIgI HB 0 0 0 0 0 0 0 0 0 2 16 8 80 60 80 24 40 0 3 l62 8 40 608 40 404 24 16 80 0801208 Other Miscellaneous Subtotal :2 00 Railroad Coordin=i Coordini;;=im1 : Coordination with :abCOnS;I-km Site Visit Utilities Cma 24 32 30 16 6 $5,280.00 $7,040.00 $11,550.00 $6,160.00 3 Sun3 ==a $32,340.00 Bridgefarmer Associates, Inc.5 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 City of Denton ATTACHMENT B Subconsultant Services miTblm=-1–iD;iii; Mc • Tor)Mbic Survey /PropertvM/e' 1 I LS Parcel Parcel $79,200.00 m2 W2 1 27 50 579,200.oo 567,500.oo 11,250.00 ISubtotal Survey: mi c/Mce Uf///tVmaTe;7; Traffi;aint FiT al "B" (I L 1 1 C !$1 [) 1 1 Test Hole (0-4 ft) Test Hole (4-8 ft) Test Hole (8-12 ft) Test Hole (12m Pavement am DAY LF LF EA EA EA EA EA $1,500.00 $1,50 $0.45 $950.00 $1,250.00 $1,550.00 $2,300.00 BRIll!@ 2 50500 10100 3 4 4 0 6 $3,000.00 $75,750,00 $4,545.00 $2,850.00 $5,000.00 $6,200.00 $0.00 [M8]b]8®lMM-st=iRa BridBefarmer subtoM t Mm;= $288,@fgEai ,256,495.00 $544,855.00 Bridgefarmer Associates, Inc.6 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 City of Denton ATrACHivENT B EX§UDDELL ST FROM US 380 TO MINGO RD (30%) Project Managerm e Tc fngineer I EIT I Operator I Clerical 1 Total Hours1 0 Total Fee likt',tqylqbbtbll[.t',I Removals- Roadway Horizont iiKomet Roadway ProfIles Roadway Typical sM s Roadway Cross sections Traffic Control 2 6 6 1 1 8 0 4 64 4 6 32 40 12 8 60 0 16 24 60 16 50 40 30 40 40 0 16 16 8 32 6 24 16 12 8 16 0 8 8 8 40 30 112 102 55 57 124 0 33 44 44 136 m5 $16,980.00 $15,840.00 $8,140.00 $8,500.00 $19,580.00 $0.00 $4,900.00 $6,880.00 $7,000.00mom I Bma Mi5n Drainma Maps o maE Subtotal:2 TxDOT Coordination Coordination with Cit1 Coordination with Subconsultants Site Visit Utilities Cobrdination 16 24 16 24 6 16 25 16 $6,160.00 $5,280.00 $7,645.00 $7,920.00 I Subtotal:W 315.oo Bridgefarmer Associates, Inc.7 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 City of Denton ATrACHMENT B L r a [IIIA,I Topographic Survey / Property Survey Right-of-Way Parcels ($2500 ea) o LS Parcel Parce $18,500.00 $2,500.00 D2 1 12 20 $18,500.00 $30,000.00 MSubtotal Survey: Mr,rface uti liB Engineer/n Traffic Control QL '’B" (1 L 1 1 C 8C [) I I Test Hole (0-4 ft] Test Hole (4-8 ft) Test Hole (8-12 ft] Test Hole (12-18 ft] Pavement Corin I DAY LF LF EA EA EA EA EA $1,500.00 $1.50 $0.45 $950.00 $1,250.00 $1,550.00 $2,300.00 MIIIII] 1 [91@IiI 1900 0 2 0 0 2 $1,500.00 $14,400.00 $855.00 $0.00 $2,500.00 $0.00 $0.00 ;400.00mSt;;no m Bridgefarmer Subtota Subconsultant Subtotal $142,065.00 $72,655.00 W2 720.ooTotal Estimate; Bridgefarmer Associates, Inc. 8 of 10 #8/2021 DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 City of Denton ATTACHMENT B 5. QUIET ZONE STUDY FOR MINGO RD [ 16 8 16 e Tc Engineer I EIT I Operator I Clerical 1 Total Hoursm6B5ao Tim Total Fee I Initial site visit1m 8 8 $2,520.00M Rail Crossing Invem Document detailed field observations for FRA inventories Gather data and obervations for Inventories Update freight rail inventories (assume 6 crossings) e @r r 20164 84 14 12 12 2 $3,240.00 $2,300.00 $1,980.00 W® Plans Preparation Quantity Summaries Typical Secn=;i= Br ;@ Signage Plan Paving Plan 2 4 812 4 12 1248 36 12 8 1248 8 51,370.oo $4,540.00 $ 12,040.00 $9,580.00 1 Notice of Intent Develop all design parameters for Quiet Zones miti! E8nalysis and calculations for Quiet Zone mitigation Construction cost estimates for Quiet Zone mitigati! Prepare NOI for Quiet Zone ®Eress city comments on NOI Prepare technical memo summarizing mitigation sci 6 mme= 8 10 718 4 94 216 20 54 12 16 4 5 25 $1,760.00 $1,760.00 $1,480.00 $3,380.00 $880.00 $2,720.00M2 [BE Subtotal :7 ma Coordination Coordination with Cit' Coordination with Subconsultants Site Visit Utilities Coordination $6,600.00 58,800.oo $9,625.00 $6, 160.00 2 sutFo-i $33,495.00 Bridgefarmer Subtotal 107,365.00 t $0.00 Total Estimate $107,365.00 Bridgefarmer Associates, Inc.9 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 City of Denton ATrACHiVIENT B SUMMARY 1. MINGO RD / RUDDELL ST INTERSECTION IMPROVEMENTS t30%) Subtotal Bridgefarmer Subtotal Sub-Consultants 2. MINGO RD FROM BELL AVE TO RUDDELL ST (30%) Su k)total Bridgefarmer Su btota I Sub-Consultants 3, MINGO RD FROM RUDDELL ST TO MOCKINGBIRD LN (30%) Su btota I Bridgefarmer Subtota I Sub-Consultants 4. RUDDELL ST FROM US 380 TO MINGO RD (30%) Subtotal Bridgefarmer Subtotal Sub-Consultants 5. QUIET ZONE STUDY FOR MINGO RD Subtotal Bridgefarmer Subtotal Sub-Consultants $178,085.00 $152,325.00 $330,410.00 $213,970.00 $165,950.00 $379,920.00 $288,360.00 $256.495.00 $544,855.00 $142,065.00 672,655.oo $214,720.00 $107,365.00 $0.00 $107,365.00 $1,577,270.00 Subtotal Component 1 Subtotal Component 2 Subtotal Component 3 Subtotal Component 4 Subtotal Component 5 TOTAL: Bridgefarmer Associates, Inc.10 of 10 2/8/2021 DocuSign Envelope ID: 08995C4C-E9D044ED-830D-92F3FB81C8A3 ATTACHMENT “C” CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for TWU Area Capital Projects Program - Phase 1 No modifications to the Standard Agreement are necessary for this project. City of Denton, Texas Page 1 of 1 DocuSign Envelope ID: 08995C4C-E9DO-44ED-830E;92F3FB81C8A3 D - PROJECT SC:HEDUI'E E Lg gIa g ga C; ai a E E g ia gP le iD a t= 8h a E Be B ;E cB C)a <a DocuSign Envelope ID: 08995C4C-E9DO-44ED.830D-92F3FB81C8A3 ATTACHMENT E - LOCATION MAP MMHMH END PROJECT ln•lmBIRD LN MaHWB IRltalgIl WIDENING MMHM RUDDELL RE ALIGNMENI MMRMB DISCLAIMER This data has been compiled for My Map DFWMaps.com Va’HoLs o+ficial and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data however, no guarantee IS given or implied as to the accuracy of said data.NorTh:cnlrd Texas a)UIXi al DocuSign Envelope ID: 08995C4C-E9D0-44ED-830D-92F3FB81C8A3 Exhibit CIQ CONFLICT OF INTEREST QUESTIONNAIRE - For vendor or other person doing business with local governmental entit' This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session FORM CIQ 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 2 U Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate. d Name oF Io,al go„e,„ment officer abo„t whom the information in this „,tio„ is bei„g disclosed. Name of Officer Tbis 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 176.00 1(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?n ,„,n ,„, 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? El Yes = No D Describe each employment or business and family relationship with the local government officer named in this section 4 LJ I have no Conflict of Interest to disclose. DocuSlgned by: 1. B6qqRldOt-doing business with the governmental entity 2/22/2021 Date