21-89721 -897ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A SEVENTH AMP,NDMENT 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 $4,501,530.00,
AMENDED BY AMENDMENTS 1-6 APPROVED BY THE CITY MANAGER AND CITY
COUNCIL, SAID SEVENTH AMENDMENT TO PROVH)E ENGINEERING AND DESIGN
SERVICES RELATING TO THE FINALIZATION OF THE PROJECT SCOPE, INCLUDING
DESIGN OF A REGIONAL DETENTION FACLITY, AN ADDITIONAL TRAFFIC SIGNAL,
AND PROJECT LANDSCAPING ASSOCLATED WITH THE PLANNED DCTA BRIDGE AND
MAYHILL ROAD WIDENING AND IMPROVEMENTS PROJECT; PROVDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTrvE DATE (FILE
45 11 – PROVDING FOR AN ADDITIONAL SEVENTH AMENDMENT EXPENDITURE
AMOUNT NOT-TO-EXCEED $484, 160.00, WITH THE TOTAL CONTRACT AMOUNT NOT-
TO-EXCEED $7,543,898.00).
WHEREAS, on October 1 9, 20 10, by Ordinance No. 2010-269, the City awarded a contract
to Freese and Nichols, Inc. in the amount of $4,501,530.00 for architect or engineer pertaining to the
City of Denton IVlayhill Road widening and improvements project from Interstate Highway 35-E to
University Drive (U.S. Highway 380) and engineering and related services for said project; and
WHEREAS, the additional fees under the proposed Seventh 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 ORDAnqs:
SECTION 1. The Seventh 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 Four Hundred Eighty-Four Thousand One Hundred Sixty and 00/100 ($484,160.00)
Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance
with said arnendment which shall be attached hereto. The total contract amount increases to
$7,543,898.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance
secondedby \)(LD \ MC\\z(r(
following vote rl - a :
'„,d' by TeSS C -\)bv; S
' The ordinance was passed and approved by the
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul N4eltzer, At Large Place 6:
PASSED AND APPROVED thi, th, it tb d,y ,f M &]_, 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY Alllllltft
B2 ,_ ZZ,,
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
ELliS!!iT:(=:iiS::lj:!=.ndnc=cMd
LU
Date 2021.05.04 IS:SS:46 <)S'(X)’
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DocuSign Envelope ID: 640CF851-693D4 104-BB26-2703FID8565A
DENTON
Docusign City Council Transmittal Coversheet
4511
File Name I Mayh111 wide,lng A„,e,dm,,t 7
Purchasing Contact I C0'i Po"er
City Council Target Date MAY 18’ 2021
Piggy Back Option
Contract Expiration
Ordinance
PSA
Not Appllcab1 e
N/A
21-897
DocuSign Envelope ID: 640CF851-693D41 04-BB26-2703FID8565A
SEVENTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
PSA 4511
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS SEVENTH AMENDMENT TO CONTRACT 4511 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Freese and Nichols, Inc. (“Engineer”); to
that certain contract executed on October 19, 2010, in the original not-to-exceed amount
of $4,501,530 (the “Original Agreement”); amended on January 9, 2013 in the additional
amount of $50,377 aggregating a not-to-exceed amount of $4,551,907 (the “First
Amendment”); amended on August 20, 2013 in the additional amount of $488,835
aggregating a not-to-exceed amount of $5,040,742 (the “Second Amendment”); amended
on January 10, 2017 in the additional amount of $602,590 aggregating a not-to-exceed
amount of $5,643,332 (the “Third Amendment”); amended on February 27, 2018 in the
additional amount of $52,196 aggregating a not-to-exceed amount of $5,695,528 (the
“Fourth Amendment”); amended on April 16, 2019 in the additional amount of $1,364,2 10
aggregating a not-to-exceed amount of $7,059,738 (the “Fifth Amendment”); amended on
May 14, 2020 to provide for 10% invoice reductions (the “Sixth Amendment”)
(collectively, the Original Agreement, the First Amendment, the Second Amendment, the
Third Amendment, the Fourth Amendment, the Fifth Amendment, and the Sixth
Amendment are the “Agreement”) for professional services related to the Mayhill Road
widening and improvements project.
WHEREAS, the City deems it necessary to further expand the services provided by
Engineer to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $484,160 with this Amendment for an aggregate not-to-exceed
amount of $7,543,898; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1.The additional services described in Exhibit “A“ of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the Mayhill Road widening and improvements project, are hereby authorized to be
performed by Engineer. For and in consideration of the additional services to be
performed by Engineer, the City agrees to pay, based on the cost estimate detail
PSA 45 1 1 – Amendment 7 Page 1 of 2
Do(,uSign Envelope ID: 640CF851-693D41 04-BB26-2703FID8565A
attached as Exhibit “A”, a total fee, including reimbursement for non-labor
expenses an amount not to exceed $484,160.
2. This Amendment modifies the Agreement amount to provide an additional
$484, 160 for the additional services with a revised aggregate not to exceed total of
$7,543,898.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Engineer, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date 05/18/2021
'Engineer”“CITY”
FREESE AND NICHOLS, INC.CITY OF DENTON, TEXAS
A Texas Municipal Corporation
’DocuSigned by:
BI
CItyis &dsa Pri nc1 pa1
T[]
DocuSlgned by:
By:
SMA tIeM££?
S,INTERN CITY
MANAGER
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY ATTEST:
ROSA RIOS, CITY SECRETARY
RouRLm
DocuSlgned by:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Rebecca Divi ney
PRINTED NAME
Director of capita1 Projects/City Englneer
TITLE
Caplta1 projects/Englneering
DEPARTMENT
PSA 4511 – Amendment 7 Page 2 of 2
DocuSign Envelope ID: 640CF851-693D41 04-BB26-2703FID8565A
ATTACHMENT “A”
SCOPE OF SERVICES AND RESPONSIBLITIES OF OWNER
MAYHILL ROAD AMENDMENT #7
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 revise the proposed width of the DCTA bridge, revise the proposed layout and
configuration of the proposed detention facility, extend the limits of a flood study along PEC-5, and
additional associated tasks.
The previous design scope for the Mayhill Road bridge over the DCTA railroad included a 6-lane-wide,
7-span structure. In order to reduce construction costs, the City directed FNI to redesign the bridge as a
4-lane-wide, 6-span structure. This is described in detail below in Task 2.
In addition, the City elected to revise the configuration of the proposed detention ponds in order to better
meet project objectives. This revised scope now includes a larger pond with a revised outfall structure
and associated survey, study, and permitting tasks. A detailed scope for this item is below in Task 3.
Additionally, the City requested FNI to prepare a flood study of PEC-5 from near the proposed Mayhill
Road crossing to the limits of the mapped tributary, approximately 6,000 in length. This statement of
work is included below in Task 4.
In conjunction with the flood study and revised detention pond design, preparation of the required FEMA
Letter of Map Revision and associated environmental permitting are also included in this contract. A
detailed scope of work for these items are included below in Tasks 5 and 6, respectively.
Finally, Task 7 includes additional services that have been requested by the City and performed by FNI,
including Eminent Domain Assistance, Construction Materials Testing, and Dispute Analysis and
Mediation Support.
PROFESSIONAL SERVICES TO BE PERFORMED
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7.
Design Management
Final Design – Roadway and Bridge
Final Design – Detention Structures
Flood Study
FEMA Letter Map of Revision Coordination
Environmental Permitting
Miscellaneous Professional Services
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TASK 1. DESIGN MANAGEMENT
FNI will manage the work outlined in this scope to ensure efficient and effective use ofFNI’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
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.
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)
review meetings, 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. FINAL DESIGN – ROADWAY AND BRIDGE
2.1 After roadway and bridge plans for the portion ofMayhill Road from Colorado Road to north of
Quail Creek Road were 90% complete, the City requested FNI to revise the design to reduce
construction costs. The roadway and bridge were narrowed, including reducing the bridge width.
Additionally, one span of the proposed bridge that had previously been included to accommodate
livestock passage was removed from the structure. These changes required revisions to the
project layout, right-of-way, paving, bridge, drainage, traffic control, pavement marking,
lighting, and erosion control sheets.
2.2 City standard specification front-end documents have been updated since the first phase of the
project was issued for bid, and the City asked FNI to incorporate the revised documents into the
project contract book.
ASSUMPTIONS
• Final design package will consist of four (4) copies of half size (ll“x17”), two (2) copies of full size
(22“x34”) drawings, one (1) copy of the 100% estimate of probable construction cost, and PDF copy
of the above items.
DELIVERABLES
A. Final construction plans and specifications.
B. Preparation of DART encroachment application for DCTA bridge.
C. 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 3. FINAL DESIGN – DETENTION STRUCTURES
3.1 Development of Preliminary Design Drawings shall include the following:
•
•
•
•
•
•
•
•
•
•
Cover Sheet
General Notes
Horizontal Control
Overall Project Layout
Drainage Area Map
Drainage Calculations
Pond Grading Plan
Pond Cross Sections
Intake and Outfall Structure Schematics
General Details (as needed)
3.2 Data Collection
FNI will make a site visit to become familiar, or verify, the site and observe existing conditions.
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3.3
3.4
Revise the hydrologic and hydraulic models and technical memorandum per Preliminary Design
(established in the Mayhill Road Flood Study).
The Preliminary Design Package shall include the following:
• Preliminary Design Package will consist of an electronic PDF submittal to the CITY.
• Preliminary Plans to include drawings identified above.
• FNI will prepare Opinion of Probable Construction Cost based on Preliminary Design plans.
3.5 Upon approval of the Preliminary plans, FNI will prepare Final Design plans as follows:
Final draft construction plans and specifications shall be submitted to the CITY per the approved
Project Schedule.
•
•
•
•
•
•
•
•
•
•
Cover Sheet
General Notes
Horizontal Control
Overall Project Layout
Drainage Area Map
Drainage Calculations
Pond Grading Plan
Pond Cross Sections
Intake and Outfall Structure Details
General Details (as needed)
FNI shall submit a final design estimate of probable construction cost with the final design plans.
3.6 Upon approval of the Final Design plans, FNI will prepare construction plans as follows:
Final construction plans and specifications shall be submitted to CITY per the approved Project
Schedule.
•
•
•
•
•
•
•
•
•
•
•
Cover Sheet
General Notes
Horizontal Control
Overall Project Layout
Drainage Area Map
Drainage Calculations
Pond Grading Plan
Pond Cross Sections
Intake and Outfall Structure Details
Structural Details
General Details (as needed)
FNI shall submit a final estimate of probable construction cost with the final construction plans.
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3.7
3.8
Following a 90% construction plan review meeting with the CITY, FNI shall submit Final Plans
(100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped,
dated, and signed by an Engineer registered in State of Texas.
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.
ASSUMPTIONS
• FNI shall provide structural details for a pond intake and pond outfall structure during the 90%
design phase. This scope includes the special design of one structure, either the pond inlet or the
pond outlet. The pond inlet or pond outlet that is not special designed will be a standard structure
SIze
• Final design package will consist of four (4) copies of half size (ll“x17”), two (2) copies of full size
(22“x34”) drawings, one (1) copy of the 100% estimate of probable construction cost, and PDF copy
of the above items.
DELIVERABLES
A. Final construction plans and specifications.
B. Final estimate of probable construction cost.
TASK 4. FLOOD STUDY
4.1 Data Collection and Site Visit
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Project Kickoff with stormwater engineers and data collection meeting.
Conduct one (1) site visit to investigate and document existing conditions and determine
hydrologic and hydraulic parameters.
Obtain and review pertinent data that may impact the project including, but not limited
to, drainage system as-builts, utilities, GIS data, existing and future land use/zoning data,
historical photos, and aerial imagery.
FEMA Effective Model and workmaps will be obtained if available. FEMA usually takes
6 weeks to supply the models and workmaps.
City specific requirements will be coordinated.
Bridge or culvert data within study limits will be obtained from TxDOT or the City if
available.
4.2 Hydrologic Analysis
• Delineate contributing drainage areas based on LiDAR data to be obtained from the Texas
Natural Resources Information System (TNRIS).
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•Determine hydrologic parameters for the study area for both existing and fully developed
land use conditions. Hydrologic loss parameters will be developed based on land use and
soil type as determined according to the Natural Resource Conservation Service (NRCS)
Soil Survey and averaged over the project site.
Develop a HEC-HMS hydrologic model describing the expected storm run-off through the
study limits and evaluate the effects of the conceptual stormwater detention facilities
developed in Task 4.3.
Storm events to be evaluated will include the 2-, 5-, 10-, 25-, 50--, 100-, and 500-yr design
storm events for existing and fully developed watershed conditions.
Approved hydrology completed in previous FEMA models will be used without alteration.
•
•
•
4.3 Conceptual Stormwater Detention Facility
•Develop up to two (2) stormwater detention facility conceptual designs including:
o Preliminary grading plan
o Elevation-Area-Storage relationships
o Preliminary outlet works configuration
o Elevation-Storage-Outflow relationships
The general area for the proposed detention facility is presented in Exhibit A.
Achieving a 100-yr level of protection may not be feasible. Therefore, conceptual designs
(up to 2) for detention facilities will be developed with the goal of minimizing flood risk
considering economic and physical constraints.
Develop rough order of magnitude costs for each project concept (up to 2).
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4.4 Hydraulic Analysis
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•
Generate one (1) existing conditions topographic surface using TNRIS LiDAR
supplemented with field survey for pertinent areas.
Develop a one-dimensional (ID) steady state hydraulic model of the study area using HEC-
RAS version 5.0.7. The model will include a creek segment of approximately 1.35 miles;
from the DCTA crossing to approximately 0.35 miles upstream of the confluence with
Pecan Creek. Model cross sections will be generally spaced at 500 ft intervals in the upper
creek segment and at 1000 ft intervals downstream of the Timberlinks Golf Club.
Hydraulic model will include up to two (2) culvert crossings along the study reach. Minor
low water crossings within the Timberlinks Golf Club will not be included.
Existing and proposed conditions hydraulic analysis will be performed to determine
changes in flooding extents downstream of the proposed stormwater detention facilities.
Proposed conditions will only reflect changes in hydrologic inputs resulting from the
stormwater detention facilities upstream. Changes in creek geometry (i.e. channel
improvements) will not be evaluated.
Floodplain extents comparison maps will be provided for the 2-, 5-, 10-, 25-, 50-, 100- and
500-yr design storms.
Project progress meeting to present analysis results and obtain Owner feedback prior to
drafting flood study technical memorandum.
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4.5 Technical Memorandum
A brief technical memorandum will be prepared documenting the flood study analysis and results.
A draft memorandum will be submitted in digital format (.pdf file) for Owner review. FNI will
perform one (1) round of revisions to the memorandum after receiving Owner feedback. Final
memorandum will be submitted in digital format (.pdf file).
4.6 Topographic Field Survey
Detailed topographic survey will be collected at strategic locations along the study area to provide
detailed cross sections and structure information where as-builts are not available. Previous
survey data is available for a portion of the proposed detention facility site. Additional survey
will be required to supplement this data. Survey extents are shown in Exhibit B. Data collection
will be performed according to the Data Capture Standards Technical Reference established by
FEMA
TASK 5. FEMA CONDITIONAL LETTER OF MAP REVISION COORDINATION
5.1 Prior to construction, FNI will prepare a Conditional Letter of Map Revision (CLOMR) for
Stream PEC-5 as follows:
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FNI will obtain Effective models from FEMA library.
FNI will prepare duplicate effective and corrected effective models.
FNI will prepare post-project model demonstrating detention benefit.
FNI will perform the required analysis and prepare the necessary forms to submit a CLOMR
to FEMA.
FNI will coordinate with the CITY prior to submittal.
FNI will work with FEMA to achieve approval of the CLOMR.
FNI will respond to up to three (3) rounds of comments from FEMA.
FN I will prepare and submit a letter to the United States Fish and Wildlife Services (USFWS)
documenting our opinion on the proposed project’s potential to affect federally listed,
threatened, and endangered species which will include results of the online endangered species
list, maps, and photos of the project area from previous site visits.
FNI will contact USFWS by telephone to follow up on the request and prepare a brief memo
documenting the conversation.
•
5.2 Once construction is complete, FNI will prepare a Letter of Map Revision (LOMR) for Stream
PEC-5 as follows:
•
•
•
•
FNI will obtain as-built survey of final bridge crossing and post-project improvements.
FNI will update the nEc-RAS models with the as-built survey data.
FNI will revise floodplain and floodway delineations, annotated FIRM maps, and hydraulic
workmaps for post-project conditions based on the as-built survey.
FNI will revise the flood profiles and floodway data tables as needed based on the as-built
suIvey data
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•
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•
The LOMR requires notification to property owner of floodplain and floodway revisions.
FNI will provide the necessary notification, but the CITY will be responsible for distribution.
Individual letters or newspaper notification will be sent and paid for by the CITY.
FNI will perform the required analysis and prepare the necessary forms to submit a LOMR to
FEMA
FNI will coordinate with the CITY prior to submittal.
FNI will work with FEMA to achieve approval of the LOMR.
FNI will respond to up to three (3) rounds of comments from FEMA.
This scope assumes that the LOMR will be completed within 5 years of the CLOMR submittal. It also
assumes that no changes to the effective FEMA model will be made between the CLOMR and LOMR
submittals. Should the effective models change, the pre-project analysis will require additional
services
TASK 6. ENVIRONMENTAL PERMITTING
It is FNI’s understanding that the submittal of a Nationwide Permit (NWP) Pre-construction Notification
(PCN) will be required to authorize the proposed project; NWP 43 (Stormwater Management Facilities)
requires PCN submittal for Clean Water Act Section 404 authorization from the U.S. Army Corps of
Engineers (US ACE). It should be noted that the US ACE is proposing to reissue NWPs and current NWP
permitting is subject to change.
6.1 Gather and Review Existing Information
FNI will compile readily available existing information and prepare maps of the proposed project
area in preparation for a site visit. The types of information that will be gathered will include, but
are not limited to, U.S. Geological Survey (USGS) 7.5-minute topographic maps, U.S. Fish and
Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, Natural Resources
Conservation Service (NRCS) soils maps, as well as recent and historical aerial photographs of
the site
6.2 Conduct Site Visit
FNI scientists will conduct a site visit to identify potential waters of the U.S., including wetlands,
within the proposed stormwater detention pond site. This task includes conducting detailed
delineations of waters of the U.S. necessary for the preparation and submittal of a PCN to the
USACE. FNI scientists will also evaluate the site regarding potential federally listed threatened
and endangered species habitat(s) and potential site contamination.
6.3 Coordinate with Texas Historical Commission
Projects sponsored by public entities that affect a cumulative area greater than five acres or that
disturb more than 5,000 cubic yards require advance consultation with the Texas Historical
Commission (THC) according to Section 191.0525 (d) of the Antiquities Code of Texas. Because
the proposed project is likely to exceed one or both of these thresholds, coordination with THC is
expected to be required. FNI will draft a consultation letter to the THC for the City’s review and
comment. FNI will incorporate the City’s comments and submit the consultation letter to the THC.
Any follow up studies requested by the THC are not included in this scope of services but can be
provided upon written authorization.
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6.4 Pre-Application Meeting
FNI will prepare a letter to the US ACE requesting a pre-application meeting. The letter shall
include a brief description of the project, its purpose and need, a map of the project location and
layout and other pertinent information. FNI shall coordinate and attend the pre-application meeting
with the USACE.
6.5 Preliminary Jurisdictional Determination Report
FNI shall prepare a Preliminary Jurisdictional Determination (PJD) Report in accordance with
USACE guidance to document potential waters of the U.S., including wetlands. The PJD Report
will include preparation of the required data, forms and maps.
6.6 Prepare Pre-Construction Notification
FNI shall prepare the draft NWP 43 (Stormwater Management Facilities) PCN in accordance with
the requirements of NWP General Condition 32 for the City’s review and comment. The PCN
shall include the USACE’s NWP 43 application form, the PJD Report, and the required impact
tables, figures, and exhibits. The PCN will be revised by incorporating the CITY’s comments, and
then it will be submitted to the USACE.
6.7 Address USACE Comments
FNI shall follow up with the USACE by telephone, address their comments, and finalize the PCN.
DELIVERABLES
A. Preliminary Jurisdictional Determination (PJD) Report
B. NWP 43 Pre-Construction Notification (PCN) Report
TASK 7. MISCELLANEOUS ADDITIONAL PROFESSIONAL SERVICES
This task includes several areas of additional professional services that FNI has provided related to this
project.
7.1 Eminent Domain Assistance
FNI staff provided expert witness testimony at a February 2020 deposition related to right-of-way
acquisition for the Mayhill Road project. This amendment also includes an additional $10,000 for
future eminent domain assistance if necessary.
7.2 Construction Materials Testing
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 progressed, the
testing lab (Fugro) determined that the original estimate did not include sufficient effort to
provide testing per City specifications and requested additional fee to complete the portion of the
project north of Quail Creek Road.
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7.3 Dispute Analysis and Mediation Support
FNI’s subconsultant Foresight Planning and Engineering Services, LLC provided analysis of the
Change Order Request submitted by Zachry Construction in January 2019. These services were
authorized in a previous contract amendment, but the Owner requested additional analysis and
attendance at additional meetings beyond the previous authorized scope.
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.
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 US ACE 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.
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Page 10 of 1 1
DocuSign Envelope ID: 640CF851-693D-4104-BB26-2703FID8565A
•
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Expert representation at legal proceedings or at contested hearings except as specifically
described in the scope of services.
Mitigation monitoring if required by permit conditions.
Monitoring for compliance with permit conditions.
Additional modifications to the compensatory mitigation plan.
Phase I or Phase II Environmental Site Assessment
Page 1 1 of 1 1
DocuSign Envelope ID: 640CF851-693D4 I04-BB26-2703FID8565A
Freese and Nichols, Inc.
FEE PROPOSAL SUMMARY - AMENDMENT #7
IAYHILL ROAD WIDENING AND IMPROVEMENTS
Task 1 - Design Management
Task 2 - Final Design - Roadway and Bridge
Task 3 - Final Design - Detention Structures
Task 4 - Flood Study
Task 5 - FEMA Map of Revision Letter Coordination
Task 6 - Environmental Permitting
Task 7 - Miscellaneous Professional Services
$
$
$
$
$
$
$
$
30, 100
164,790
106,110
81 ,300
30,900
36,900
34,060
AMENDMENT #7 TOTAL 484, 160
2021-03-18
DocuSign Envelope ID: 640CF851-693D4104-BB26-2703FID8565A
Exhibit CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doing business with local governmental entit'
This questionnaire reflects charmade to the lawzegular 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.
N My. Freese and Njcholsl Inc.
rD 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 local government officer about whom the information in this section is being disclosed.
Name of Officer
Ibis 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?E ,„,E ,„,
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?
= „“n „„,
D Describe each employment or business and family relationship with the local government officer named in this section
4
5
[] I have no Conflict of Interest to disclose.
'DocuSigned by:
e>dSa
doing business with the
4/26/2021
Date