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21-1076
ORDINANCE NO. 2 1- 1076 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC, AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON OCTOBER 16, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $1,200,000.00, AMENDED BY AMENDMENTS 1-2 APPROVED BY PURCHASING, SAID THIRD AMENDMENT TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE SOUTHEAST DENTON NEIGHBORHOOD STREET RECONSTRUCTION PROJECT AND PROGRAM MANAGEMENT SERVICES FOR THE COMPLETION OF THE 2019 STREET RECONSTRUCTION BOND; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6590-042 – PROVIDING FOR AN ADDITIONAL THIRD AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 1,257,254.00 WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $2,457,254.00). WHEREAS, on October 16, 2018, by Ordinance No. 18- 1663, the City awarded a contract to Freese and Nichols, Inc. in the amount of $ 1,200,000.00 for on-call engineering related professional services ; WHEREAS, on May 14, 2020, Purchasing awarded a First Amendment to Freese and Nichols, Inc. for a 10% rate reduction to help with COVID- 19 relief; WHEREAS, on February 3, 202 1 , Purchasing awarded a Second Amendment to Freese and Nichols, Inc. for an updated Schedule of Charges to the original contract; WHEREAS, the additional fees under the proposed Third Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider’s profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Third Amendment, increasing the amount of the contract between the City and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Million Two Hundred Fifty-Seven Thousand Two Hundred Fifty-Four and 00/100 $1,257,254.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be attached hereto. The total contract amount increases to $2,457,254.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Eu \ Me \ bc( and seconded by \Jt (uV_;\ p)qt d . This ordinance was passed and approved by thefollowing vote [L - ] D : 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 Meltzer, At Large Place 6: a-AL PASSED AND APPROVED this the BOA day of TunE , 2021 GERARD FiFKN bIll 1111110 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY gILac IEFTeIc=Z=;1;:oL=,ndnc=cHad ILI g=:;02alr:£.:'Iq:::SEp-oo:::Jon Iom IWt fI bUyL :iF,T{:if='1;’„:J£:'M BY: DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E DENTON Docusign City Council Transmittal Coversheet RFQ 1 6590-042 File Name On-Ca11 Professlona1 Englneering Services - Amendment + 3 P„,h„i.gC,„t„t c '“ - '"”‘ City Council Target Date JUNE 22’ 2021 Piggy Back Option Contract Expiration Ordinance Not App11cab1 e N/A 21-1076 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND FREESE AND NICHOLS, INC. PSA 6590-042 THE STATE OF TEXAS g §COUNTY OF DENTON THIS THIRD AMENDMENT TO CONTRACT 6590-042 (“Amendment”) by and between the City of Denton, Texas (“City”) and Freese and Nichols, Inc. (“Engineer”); to that certain contract executed on October 16, 2018, in the original not-to-exceed amount of $1,200,000 (the “Original Agreement“); amended on May 14, 2020 to provide for 10% invoice reductions (the “First Amendment“); amended on February 3, 202 1 to provide the updated Schedule of Charges (the “Second Amendment”) (collectively, the Original Agreement, the First Amendment and the Second Amendment are the “Agreement”) for services related to on-call professional engineering services. 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 Sl,257,254 with this Amendment for an aggregate not-to-exceed amount of $2,457,254; 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 South East Denton Neighborhood Association (SEDNA) Street Reconstruction and program management support, 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 attached as Exhibit “A”, a total fee, including reimbursement for non-labor expenses an amount not to exceed $1,257,254. 2. This Amendment modifies the Agreement amount to provide an additional $ 1,257,254 for the additional services with a revised aggregate not to exceed total of $2,457,254. 6590-042 PSA – Amendment #3 Page 1 of 2 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E 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, 40by and through their respective duly authorized representatives and officers on this date 06/22/2021 “Engineer”“CITY” FREESE AND NICHOLS, NC.CITY OF DENTON, TEXAS A Texas Municipal Corporation By:Itaw&s ths(tr DocuSigned by: SMA AooZe# WgIW;INTERmw CITYC MANAGER AUTHORIZED SIGNATURE. TITLE APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ATTEST: ROSA RIOS, CITY SECRETARY DocuSigned by: AUrcLLLa tAXPUb By: r&J= ;:My CB THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: R'l'“n Di’dnV Rebecca DIVi ney sIGH PRINTED NAME D1 rector of Caplta1 projects/Clty Engineer TITLE Capita1 Projects – Engineering DEPARTMENT 6590-042 PSA – Amendment #3 Page 2 of 2 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E EXHIBIT A FREESE #IUICHOLS Innovative approaches Practical results Outstanding service CITY OF DENTON: 2019 STREET RECONSTRUcrioN BOND PROGRAM - PROGRAM MANAGEMENT SUPPORT 2021 THRU 2022 EXHIBIT A - SCOPE OF SERVICES PROPOSAL May 6, 2021 PROJECT UNDERSTANDING The City of Denton 2019 Street Reconstruction Bond Program provides funding for the design and construction of aging street infrastructure throughout the City. The bond program is defined by the documents prepared by the City of Denton and approved by the citizens of Denton, Texas in the November 5, 2019 municipal bond election. The focus of this program is to reconstruct existing streets that have reached the end of their useful life which is determined based upon an Overall Condition Index (OCI) score. The program will prioritize roadways with the lowest condition scores (OCI scores of 20 or less). The desired outcome of this program is to allow the City to address areas where local streets can no longer be effectively repaired through routine maintenance. Reconstruction of streets that are at the end of their useful life allows the newly constructed streets to be incorporated into the City’s roadway maintenance program. The selection of projects will focus on one-time comprehensive neighborhood roadway infrastructure projects that complete both street and utility infrastructure improvements. The total estimated program cost is $70,000,000. The City of Denton’s 2019 Street Reconstruction Bond Program will include planning, design, and construction of multiple capital improvement projects (CIP) as approved by the voters in November 2019. The City retained Freese and Nichols, Inc. (FNI) to provide General Engineering Consultant Program Management services to support management and implementation of the City’s 2019 Street Reconstruction Bond Program in 2020 under Work Authorization #14 of the Professional On-Call Engineering Services agreement. This agreement provided authorization for an initial 12-month term to perform program development, management, and start up tasks with a focus on early priority projects to initiate design activities as quickly as possible with the goal to commence construction activities in year one of the program. This scope and associated fee supports the continuation of FNl’s General Engineering Consultant Program Management services for an 18-month term including the remainder of calendar year 2021 through December of 2022. FNI will provide a variety of services to support the City in execution of the bond program including program management oversight, design management and oversight. FNl’s services may also include, if requested by the City, on-site representation during construction, or other general engineering services that may be needed to support the timely execution of the program. It is envisioned the program will achieve completion of all identified projects by the end of 2025. Potential Program Management services for 2023, 2024 and 2025 will be addressed at a later date by separate engagement if requested by the City. Project specific FNI design development and project management services may also be contemplated under separate engagement if requested by the City. A-1 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E ARTICLE 1 BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A PROGRAM MANAGEMENT SUPPORT: FNI shall provide professional services as follows: 1. Develop and maintain a 2019 Street Reconstruction Band Program management organizational structure, including organization chart roles and responsibilities, etc., and collaborate with City for feedback as necessary. 2.Program Level Planning and Reporting a. b. C. d. Update and maintain Program Development and Sequencing Plan Develop and maintain Program Charter and Program Management Plan. Project management and technical resource identification and allocation. Project Management Information System (PMIS). APMIS will be developed and maintained to store information and data about each project in the program. The PMIS will be developed using Microsoft Excel to store information such as project descriptions, key personnel or firms, schedule (baseline and actual), project status, details regarding public meetings, external stakeholder coordination (i.e. private utilities, permits, etc.), land acquisition needs, milestone decisions, key issues, and project impacts. Data such as project cost estimates (design, right-of-way, construction, construction management & inspection), actual project costs, and change orders will also be stored and managed in the PMIS. The PMIS will facilitate development of monthly cash flow projections based on the schedule for each project. A business intelligence platform (Microsoft Power Bl) will connect to, model, and visualize data stored in the PMIS. The business intelligence platform will access various data sets in the PMIS and create graphs, charts, tables, and diagrams to report on, and summarize important project-related performance metrics for key stakeholders and the public which will be displayed on dashboards. e. f. g. h. Develop initial program cashflow model. Program level progress reports to provide budget projections and monitor expenditure forecast targets monthly/quarterly. Collaborate with the City to provide monthly, quarterly, and as needed, program progress reporting in a dashboard format. Monthly check to verify status and updates as needed for City Council. Update budgets and cashflow projections for projects for future years to allow for financial planning and estimates of future program management support effort. 3 Project Controls a. Monthly program schedule updates. Microsoft Project will be used to develop and maintain the program schedule. b. Document control. Procore will be used to store all documents associated with the Project. A-2 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E c. Budget updates and expense tracking. Program budget and expenses will be monitored in PMIS by tracking all major project expenditures (design costs, construction costs, land acquisition, etc.). 4.Project Execution Process Tracking a. Analyze project progress against execution processes to address conflicts, bottlenecks, or other issues causing miscommunication, rework, or other problems impacting schedule, budget, quality or efficiency. 5.Meeting Support (Refer to Exhibit B for information regarding number of Meetings) a. b. C. d. Schedule and conduct recurring internal bi-weekly program team meetings, up to 64 meetings. Assume all meetings are virtual. Schedule and conduct recurring monthly program management meetings with City, up to 128 meetings. Assume all meetings are virtual. Schedule and conduct periodic/special meetings as needed, up to 24 meetings. Assume all meetings are virtual. Prepare agenda/minutes for all meetings within three (3) business days. e.Development of and follow-up on action items database tracking within each project. B.DESIGN MANAGEMENT AND OVERSIGHT: it is anticipated that detailed design services for a portion of the program projects will be performed by other design consultants. Project design services performed by FNI will be contemplated by separate agreements. Services provided by FNI will be for the general oversight and management of outside design consultants. FNI shall provide professional services as follows: 1.Attend monthly design progress meetings with Design Consultants. 2.Track the progress for design approval with outside entities (when required) and participate in required meetings (TxDOT, ISDs, County, TCEQ, Toll Operations Division (TOD), Texas Historic Commission (THC), other City Departments, FEMA, USACE, etc.). Ensure Texas Department of Licensing and Regulations (TDLR) and Americans with Disability Act (ADA) reviews are documented and monitored for projects as required. 3. Review and prepare comments on all submitted studies, schematics, plans, specifications and cost estimates at 30%, 60%, and 90% milestones for conformance with City and regulatory agency design requirements and standards. Coordinate any required reviews with additional City departments. 4.Perform constructability reviews at the 60% and 90% design milestones. C GENERAL ENGINEERING CONSULTANT MISC. SERVICES: FNI will proceed with the performance of miscellaneous services as described below: 1. Perform miscellaneous program management tasks if directed and authorized by the City in support of the Program. A-3 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E ARTICLE II ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services described above are Additional Services and may be added by contract amendment or under separate project specific engagements. Additional Services to be performed by FNI, if authorized by the City, are described as follows: A. RIGHT-OF-WAY (ROW) MANAGEMENT B. UTILITYCOORDINATION C. SURVEYING D. DESIGN DEVELOPIVIENT ENGINEERING SERVICES E. CONSTRUCTION MANAGEIVIENT F.CONSTRUCTION PHASE RESIDENT PROJECT REPRESENTATION (RPR) G. MATERIAL TESTING SERVICES ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the schedule presented in Exhibit C. If FNl’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in City or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Exhibit B ARTICLE IV RESPONSIBILITIES OF CITY: The City shall perform the following in a timely manner so as not to delay the services of FNI: A.Give prompt written notice to FNI whenever City observes or otherwise becomes aware of any development that affects the scope or timing of FNl’s services, or any defect or nonconformance of the work of any Design Consultants or Contractor. B.Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Article II of this Agreement or other services as directed and authorized by the City. ARTICLE V COMPENSATION: Compensation to FNI for Basic Services shall be computed on the basis of the following schedule of charges but shall not exceed Eight Hundred Forty-Seven Thousand Seven Hundred Ninety-Nine dollars ($847,799) unless authorized in writing. The attached template provides a breakdown of the estimated cost by task. A-4 DocuSign Envelope ID: 31C30095-C7E6JtD98-AE08-3EB68D2A307E 2019 Street Reconstruction Bond Program Management - Program Management Support 2021 thru 2022 Total 1.1 Project and Quality Management $78,869 1.2 1.3 1.4 Program Management Support $558,430 Design Management and Oversight $170,544 General Engineering Consultant Misc. Services $39,956 $847,799Total : If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges Position Professional 1 Professional 2 Professional 3 Professional 4 Professional 5 Professional 6 Construction Manager 1 Construction Manager 2 Construction Manager 3 Construction Manager 4 CAD Technician/Designer 1 CAD Technician/Designer 2 CAD Technician/Designer 3 Corporate Project Support 1 Corporate Project Support 2 Corporate Project Support 3 Intern / Coop Senior Advisor Hourly Rate 121 145 165 190 221 253 96 125 146 184 103 133 164 98 117 157 60 253 Rates for In-House Services and Equipment Mileage Bulk Printing and Reproduction Standard IRS Rates B&W $0.10 Equipment Valve Crew Vehicle (hour) Pressure Data Logger (each) Water Quality Meter (per day) Microscope (each) Pressure Recorder (per day) Ultrasonic Thickness Guage (per day) Coating Inspection Kit (per day) Flushing / Cfactor (each) Backpack Electrofisher (each) Survey Grade Drone (per day) $200 $75 $200 $100 $150 $100 $275 $275 $500 $1,000 Standard $100 Small Format (per copy) Large Format (per sq. ft.) Bond Glossy / Mylar Vinyl / Adhesive Color $0.25 $0.75 $1.25 $2.00 Technology Charge $8.50 per hour $0.25 $0.75 $1.50 Mounting (per sq. ft.) Binding (per binding) $2.00 $0.25 A-5 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E GPS (per day)$150 $50 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multiplier of 1.10. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and/or rates will be adjusted annually in February. Last updated February 2020. 3022020 A-6 _ ___.__ -gil: : # 8#p8 gg§gg; :,=;,;:::; : gig 8 8 tFg e yr EB }..i.Is a P g !I H El U S;=g=g=; b g g8Fgpl- i~a8 9 : a 8 8 1 8 a 8 1 8 => 8 gi B 8; ;di 'S g: : i_" ;}el i !1 -i 8 g i ELTh Ig HI I i ! g iii } { P! El } } E g In g) i ii ; ! ! ! ! ! ! ! ! ! ; } { } } {g }II E1 ii: <yi cj,{}{}iiI € E ! ! 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E g g CbIg9 i E d8 g gEe }gleBE 8 : gIg b -Z lg g g g ; iS IIII ill 8 T E i E i } ; Ig :f 1g Jd d 16 g H g H g H g H g H g r g r g g r g • r g H g H g n g g rg a gag gHg Br gg bag rgB agn gagS bg a gag EngagE gagE Hg Gag;gi18 QB aB aaB aaB QB aaB ag nag Dag Qaa gag o88o8 g8Qa8LQag Q8 aaB aaB , aaB aaB aB Qa8 d8 QB Gag ;Bag QB cag aaB aaB Gag Dag oai '+ qra qFd fr)a a a a qa E Sonba Gc/) !! ! Bg a) a qra a an 8 qra HIa qa 8 gHI ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 1 3A'-IIb, g ! ! ! ! ! ! g ! g ! ! ! ! € ! ! ! € g gE) i i g ! i g ! ! i ! i i ! i S) i i !) ! ! !) i i g) ! i !) : iS) LU ED X gl ai B iiLU L) O a a iT) g a) EtBZ 8IA: DocuSign Envelope ID: 31C30095-C7E6-4D98-AE0 EXHIBIT A FREESE gIUICHOLS Innovative approaches Practical results Outstanding service CITY OF DENTON PROFESSIONAL ON-CALL ENGINEERING SERVICES SCOPE OF SERVICES PROPOSAL - RFQ 6590-042 AMENDMENT #3 May 12, 2021 PROJECr UNDERSTANDING: Freese and Nichols, Inc. (FNI) understands the Project objective is to execute the design development and provide plans, specifications, and estimate of the South East Denton Neighborhood Association (SEDNA) Street Reconstruction for twenty-two (22) roadway segments through FNl’s staff augmentation contract. The intent of this proposal is for the Consultant to prepare drawings, specifications, construction contract documents, designs, and layouts of improvements to be constructed including project management and administration through the Design phase of the Project. Bid and Construction phase support services are also integrated in the scope of services. The additional design development, bid and construction support services effort ($409,455) will be performed under Amendment #3 to RFQ 6590-042. 1.PROJECT DESCRIPTION A. Transportation The Project includes the design component of approximately one and seven tenth (1.7) miles for twenty (22) road segments within Denton’s Southeast Neighborhood. The general location of the 22 road segments in Denton’s city limits is encompassed by Pecan creek tributary along the north, Lakey/Duncan Street along the east, South Bell Avenue along the west and south, and Ruth Street along the south. The bid phase component consists of services to assist the City throughout the advertisement, bid, and contract award period of the Project. The construction phase component consists of services to support the City with construction inspection and management services as requested. The Project includes roadway replacement design to match the existing road’s back-to-back curb widths generally varying from 27 to 34 feet, except Mill Street which has a width of 45 feet back- to-back of curb. These existing roadway segments are 2-lane undivided street sections and will be replaced in kind, generally along their existing line and grade to match existing drainage patterns. There are two minor roadway segments that appear to have been constructed as alley sections measuring 16 to 20 feet wide without existing curb and gutter. These roadway segments, highlighted in the table below, will be replaced in kind due to existing drainage patterns and limited apparent right or way. Additionally, sidewalk replacement will occur where the existing sidewalk is damaged resulting from street replacement. Accessible route improvements, TDLR registration, and TAS review are not included in the scope of services. 1 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 Table 1 summarizes all roadway segments to be replaced for the Project. A neighborhood map with legend depicting scope of improvements is included in Attachment A of the scope of services Table 1 – Roadway Segments Summary Street } From 1 ToSegment Stree Length iT4 360 164 506 360 480 665 709 487 277 325 329 321 259 560 257 161 513 325 342 272 254 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Allen Cook Hill Alle' Hill Alle' Industrial Industrial Jackson Jackson Johnson Martin Mill Mill Mill Mill Mill Morse Morse Robertson ’e ’e ’e re Wye St Robertson Martin Wilson St Wye St Mill St Martin Hill Alle' Mill Sf Jackson Industrial St Cook St Allen St PUre St Cross Timber St Jackson St Robertson St Cook St Cook St Industrial St Allen St Mill St Wye Wilson I 4 Mill St Jackson St Mill St South Hill Alle1 o Dallas Dr. Hill Alle' mo Allen St Cross Timber Industrial St Robertson St Lakev St Jackson St Skinner Allen St Cook St Cross Timber Industrial St St St B. Utilities The design services component is for the design of new waterlines and sanitary sewer lines to replace existing lines as part of the Project. It is the intent of the owner to have the utility lines replaced simultaneously with the street reconstruction. The design will be for the utilities shown in Table 2 below. The design of the water line along Hill Alley and Jackson Street and the sanitary sewer line along Hill Alley, signed and sealed by Teague, NaII, and Perkins will be included in the final submittal. The bid phase component consists of services to assist the City throughout the advertisement, bid, and contract award period of the Project. The construction phase component consists of services to support the City with construction inspection and management services as requested. Table 2 - Water and Sanitary Sewer Infrastructure Segments Summary Street From Lakev St Robertson St To Allen St Industrial St Utility Length (LF m3 1 ,500 350 350 450 Mill Rd Mill Rd Industrial Industrial Johnson 2 of 14 DocuSign Envelope ID: 31C30095-C7E6dID98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 WL WL SSL SSL WL SSL WL SSL Johnson Wye Stme\ Cook St Robertson Robertson Allen Allen 450 900 900 500 800 800 350 350 In addition to design services, the Project includes survey, geotechnical services, subsurface utility engineering (SUE), and environmental. 11.TASK SUMMARY, BASIC SERVICES A. Project Management (Transportation) 1 . Internal a b C d e. f g. h. 1. Internal kickoff meeting. External kickoff meeting. Periodic internal meetings. Periodic client meetings. Franchise Utility Coordination Meetings. 1. Attend up to three (3) group franchise utility meetings Maintain and monitor scope, schedule, and budget. One Page Reports, Percent Complete Spreadsheet, and eResources. Corporate Support (scheduler) Corporate Support (operations analyst, accounting specialist, contract administrator). 2.Quality Management a. b C. d e. Develop quality management plan. Senior Advisor Quality Control reviews (interdisciplinary). Quality Assurance reviews. Constructability reviews. 3 External – Project Management and Administration a b C. d e f. Develop production plan and schedule. Project site visits . Data collection Coordination with City. Coordination with sub-consultants. Coordination with franchise utilities (Utilities and DCTA). Review topographic survey, available records from the City, TxDOT and information gathered from the franchise utilities. Provide design data and SUE results to the affected franchisees for their use in relocation efforts 3. Evaluate the SUE results and provide a summary of potential utility conflicts to the City for franchise utility coordination, avoidance, and relocation purposes. Prepare meeting agenda, progress reports, and meeting minutes. Project correspondence and invoicing. Quality control and internal plan reviews. 1 2 g. h. 1. 3 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 B. Preliminary Design - 60% (Transportation): FNI shall provide professional services in this phase as follows: 1 2 3. 4 5 6. 7 8 9. Prepare Cover Sheet. Prepare Index. Prepare General Notes. a. Include erosion and sedimentation controls shown in plan and profiles sheets. b. Include temporary traffic control (TCP) handled via notes. Prepare Typical Sections. Prepare Project layout including survey control. Prepare preliminary roadway plan and profile sheets to include proposed grade centerline (PGL) and special curb/gutter profiles only where necessary to convey design intent and maintain existing drainage patterns. Prepare quantity takeoff and opinion of probable construction cost (OPCC). Begin preparation of project manual. Sidewalk and ramp replacement/accommodation design at the following locations: a. Robertson Street at Cook Street b. Robertson Street at Skinner Street c. Industrial Street south of Mill Street d. Mill Street east of Industrial Street e. Cross Timber at Mill Street Lighting Study a. Photometric calculation of existing lighting system. Existing fixture location map, existing fixture specification, and proposed new fixture specification to be provided by DME Roadway Preliminary Design submittal to include: a. Typical section showing existing lane widths. b. Design Plans 1. Control data. 2. Existing right-of-way, easements, and property boundaries. 3. Existing topography. 4. Existing pavement. 5. Existing storm drain/culvert locations. 6. Existing water line locations 7. Existing sanitary sewer line locations. 8. Existing franchise utility locations (relying upon information provided by franchise utilities and SUE). 9. Proposed roadway centerline alignment and horizontal curve data 10. Proposed vertical profile grades along roadway centerline, and along the top of curbs or gutters as required to match existing driveways and drainage patterns. c. Preliminary opinion of probable construction cost. 10 11. C. Final Design – 90% and 100% (Transportation): Upon completion and acceptance of preliminary phase, the Consultant shall proceed to the final design. It will consist of plans, Owner’s front ends and technical specification and OPCC at the following milestones, 90% design, unsigned 100% design and signed and sealed bid set. The final design shall include the following: 1 2 3 4 5 6 7 Finalize miscellaneous plan sheets. Finalize roadway plan and profile sheets. Prepare roadway standards details. Compile applicable Technical Specifications for Project Manual. Finalize quantity summaries (pay item listing) and update OPCC. Finalize Project Manual. Roadway Final Design Submittal. 4 of 14 DocuSign Envelope ID: 31C30095-C7E62ID98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 a. Incorporate the preliminary (60%) design review comments. b. Final Design Plans. c. Project Manual. d. Opinion of probable construction costs. Lighting Study a. Recommendation of proposed lighting system modifications memo. Deliverable to include AG132 photometric calculation file. DME will provide new system design criteria by the 90% deliverable date. The lighting system recommendation memo will be included with the 100% deliverable. 8. D. Preliminary Design - 60% (Utilities): FNI shall provide professional services in this phaseas follows: 1. 2 3. 4 5. Consultant will conduct a kickoff meeting with the Owner to discuss the scope and schedule of the project, and request information from the Owner. Prepare water line and sanitary sewer plans based on survey and SUE received from the FNl’s suk)consultant. Review necessary regulatory provisions and incorporate the latest applicable standards into design. Prepare application and documentation as required for TCEQ. Prepare plan view exhibits based on survey and SUE information to discuss alignment with Owner. The plan view exhibit shall be in Microstation and include a. Water line alignment (plan view only) at a 1 ”=20' horizontal scale, b. Sewer line alignment (plan view only) at a 1 ”;20’ horizontal scale. Consultant will conduct an alignment review meeting with the Owner to discuss the proposed alignment and any issues or concerns. Once acceptance of the proposed alignment, Consultant shall proceed to 60% design. Prepare 60% level design plans, specification table of contents using the Owner’s specifications, and opinion of probable construction cost. The 60% plans shall be in Microstation and include the following: a. Cover sheet with vicinity map, b. General note sheet (s), c. Overall site and layout plan, d. Survey Control Sheets. e. Plan and profile sheets of water line and sanitary sewer line design at a scale of 1“=20' horizontal and 1 ”=5’ vertical. Plans will also indicate close proximity utilities in plan and actual crossings in profile.f. Water and Wastewater Detail Sheets Provide up to 3-1 1“x17” copies and one electronic copy of the 60% design submittal to the Owner and attend meetings as necessary with the Owner to review the 60% submittal and receive comments. One meeting is anticipated. 6. 7. 8. E. Final Design (Utilities): Upon completion and acceptance of preliminary phase, the Consultant shall proceed to the final design. It will consist of plans, Owner’s front ends and technical specification and OPCC at the following milestones, 90% design, unsigned 100% design and signed and sealed bid set. The final design shall include the following: 1. 2 Continue plans, specification, and opinion of probable construction costs from 60% deliverables to final design. Upon receipt of 60% review comments from the Owner, prepare 90% design plans, using Owner technical specifications, and updated opinion of probable construction cost. Provide same sheets from 60% submittal and addressed Owner comments resulting from the 60% submittal and further detail sheets as necessary. 5 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 3. 4. 5. 6. 7. Provide 3-1 1’'x17” copies and one electronic copy of the 90% design submittal to the Owner and attend meetings as necessary with the Owner to review the 90% submittal and receive comments. One meeting is anticipated. Upon receipt of 90% review comments from the Owner, prepare Final drawings, technical specifications, and bid form. Provide up to 3-1 1“x17” copies and one electronic copy of the 100% unsigned plans, specifications, and opinion of probable construction cost to the Owner for review. Upon Owner review of the 100% unsigned submittal, final signed and sealed plans will be completed. Any remaining comments will be addressed if the Owner has any. Provide up to 3-1 1“x17” copies and one electronic copy of Final plans and specifications to the Owner for bidding purposes. F. Survey 1 Data Collection and Property Search a. b. C. City to provide record drawing information for City infrastructure and development record plans within the Project limits. Coordinate with Texas 811 to locate and mark existing franchise and public utilities prior to performing the field survey. Arrange and make provisions for access to perform the services specified within this scope 2.Project Control: A minimum of two (2) primary control points shall be established for each segment. 3. 4. Research: Basic research to identify affected boundary/property line/right-of-way lines within the project area. All adjacent ownership will be identified. Design Survey: Conduct field service necessary to provide the following services: a.Standard Topographic Survey: topographic points shall include top or curb, edge of pavement, centerline of pavement, trees, visible utilities, grade breaks, drainage pipes, headwalls, overhead electric lines, valves, manholes, fire hydrants, fences, pavements, tree, and other improvements in the area. Topo will include invert information (where possible) of all existing manholes and water valves within the project area. Sufficient topo shall be collected to generate a surface reflecting one-foot contours. Base mapping/labeling of all topographic features. Record drawings, if provided, will be added to basefile(s). Prepare basefile in MicroStation V8i 3d format and AutoCAD Civil containing all topographic data. Base file deliverable will depict the existing apparent right-of-way along each street. b C. d. e. f. 5 Subsurface Utility Engineering (SUE) Quality Level “B”: Perform SUE Quality Level “B” using geophysical prospecting equipment to identify City and franchised utilities. Approximately 8,200 linear feet (all segments) of utilities shall be identified and marked. Markings include franchise (gas, fiber, etc.) and municipal utilities (water, sewer, etc.) 6 of 14 DocuSign Envelope ID: 31C30095-C7E64D98-AE08-3EB68D2A3C)7E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 G. Geotechnical 1 Field Exploration a. b C. Select and mark 16 boring locations and notify Texas 811 and appropriate City department(s) to request location and marking of existing underground utiIIties prior to the field exploration. Obtain ROW permits for drilling in the streets. Subcontract with a geotechnical drilling contractor to drill 16 borings to a depth of 5 feet. The asphalt will be cored and measured for asphalt thickness. Using a drilling rig, soil samples will be collected using steel tube soil samplers or split-spoon samplers. At completion, the boreholes will be backfilled with auger cuttings and the pavement surface patched. The streets are residential, low volume, and low vehicle speed. This scope and associated budget include Men Working signs and traffic cones for traffic control; there will be moving time due to the numerous locations. If the City of Denton requires more traffic control such as flagmen, the budget will need to be adjusted. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS) d. e. 2 Laboratory Testing a. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. b. Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: 1 2 3 4. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) Moisture content pH lime series Soluble sulfate content 3 Engineering Analysis a.Prepare a technical memorandum to include: 1. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. 2. Tabular presentation of existing asphalt thickness and laboratory results 3. Recommendations for lime or cement application rates for identified subgrade soils H. Environmental 1 THC Coordination: 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. Once the area of potential effect (APE) has been 7 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 defined, FNI will prepare a letter describing the project including maps requesting THC’s review . I. Bid Phase Support Services: Upon completion of the design services and approval of “Final” drawings and specifications by Owner, FNI shall provide professional services in this phase as follows: 1.Pre-Bid Meeting: Assist the Owner in the pre-bid conference for the construction projects and coordinate responses with Owner. Response to the pre-bid conference will be in the form of addenda issued after the conference. 2.Bid Document Interpretations: Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents in coordination with the Owner, as necessary. 3. 4. Bid Opening: Consultant will attend and assist Owner during bid opening, making preliminary tabulation of bids, and review questionnaires and bids for completeness. Qualifications Review: Review and evaluate the qualifications of the apparent successful bidder and the proposed major specialty subcontractors. The review and evaluation will include such factors as work previously completed, responses from submitted references, bidder equipment availability, publicly available financial resources, and technical experiences. Recommend award of contracts or other actions as appropriate to be taken by Owner. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. 5.Assist Owner in the preparation of Construction Contract Documents for construction contracts. Provide up to five (5) sets of Construction Contract Documents which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Client and construction contractor. Furnish contractor up to one (1 ) full size and five (5) half size copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract 6. J. Construction Phase Support Services: Upon completion of the bid or negotiation phase services, Consultant will proceed with the performance of construction phase support services during construction as described below. In performing these services, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI's standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If General Conditions other than FNl’s standard are used, the Client agrees to include provisions in the General Conditions that require Contractor to include FNI: (1 ) as an additional insured and in any waiver of subrogation rights with respect to such liability insurance purchased and maintained by Contractor for the Project (except workers' compensation and 8 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 professional liability policies); and (2) as an indemnified party in the Contractor’s indemnification provisions where the Owner is named as an indemnified party. 1. 2. 3. 4. 5. 6. Assist Owner in conducting pre-construction conference(s) with the Contractor. Review shop drawing submittals, material submittals, and other contractor submittals requiring the review of the design engineer. Review Contractor's RFI’s involving plans clarifications with respect to the intent of the design and unforeseen site conditions. Perform minor plans revisions resulting from unforeseen field conditions or design changes requested by the city. Review Contractor change order requests and make recommendations to the city. Monitor the processing of contractor’s submittals and provide for filing and retrieval of project documentation. Review contractor’s submittals (assumed 10 total for project), including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 7.Make up to six (6) visits to the construction site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Owner. Visits to the site in excess of the specified number are an Additional Service. 8.Notify the Owner and contractor of non-conforming work observed on site visits as requested by the City. Assist owner in reviewing quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 9 Interpret the drawings and specifications for Client and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 10.Assist the Owner during administration of changes to the construction contracts. Assist the Owner during contract modifications and negotiations with the contractor to determine the cost and time impacts of these changes. Assist the Owner in the preparation of change order documentation for approved changes for execution by the Owner. Documentation of field orders, where cost to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the Owner are an additional service. 11. Assist owner with contract modifications required to implement modifications in the design of the project. Assist Owner in the evaluation notices of contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of 9 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 information submitted by the contractor or available in project documentation. Assist the Owner in negotiations of a settlement value with the Contractor if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 12 Conduct, in company with Owner’s representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the Owner in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two (2) trips arean Additional Service. 13. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Furnish owner with three (3) sets of printed copies and one (1 ) electronic copy (.pdf format) of “Record Drawings.” 111.TASK SUMMARY, SPECIAL SERVICES A. Subsurface Utility Engineering (SUE) Quality Level “A“ 1 2. After survey is complete and during Preliminary Design, identify possible conflict locations to perform SUE. Level A: Upon City authorization, perform SUE Quality Level “A“ using non-destructive vacuum excavation equipment to expose City and franchised utilities at critical locations, identified during design or construction. Services include up to twenty (20) test hole locations (10 holes at depth of 4-8 feet and 10 holes at depth of 8-1 2 feet). Each location will be field located and include depth of utility material. Pavement coring will be included with all Level A services conducted within pavement. IV. ASSUMPTIONS A. Design 1.No sidewalk improvements are proposed except where the sidewalk will be demolished as a result of replacing curb and gutter. These sidewalk sections are to be replaced in kind. Feasibility of TAS compliance is dependent on the location of existing ROW relative to the existing sidewalks and/or utilities in the area. No TDLR registration will be required. 2 Erosion and sedimentation control will be shown on the Plan and Profile sheets. 3 4. 5. 6 No demolition plan sheets will be included in the design plans. Avoid impacts or replace (in-kind) any anticipated damage to existing concrete steps leading to the roadway along Mill Street. Temporary Traffic Control (TCP) will be handled with general notes. Mailboxes will be handled with general notes. 10 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-'Call Engineering Services Contract – SED Phase 3A May 12, 2021 7. 8. Curb and gutter replacement may be constrained in areas by existing utilities, trees, mailboxes, steps, etc. Pavement design will be based on City's standard typical sections. 9 Railroad (DCTA) coordination at the Morse Street crossing will require efforts similar to those for the franchise utilities. B. Time of Completion 1.Consultant is authorized to commence work on the Project upon execution of this agreement. The level of efforts to complete the deliverables is estimated at six (6) months upon receipt of survey data. If FNl’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule provided in Attachment B consistent with the number of days of delay. These delays may include but are not limited to delays in Client or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to the level of efforts provided in Attachment C. Final plans, specifications, and estimate (PS&E) submittal is contingent on there being no franchise utility relocations required in advance of bidding. Railroad coordination may be impacted by the responsiveness of the railroad or transit authority. 2 3 11 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 C. Compensation - Amendment #3 1. 2 Basic Services: Compensation to FNI (Attachment C) shall be the lump sum of Three Hundred Fifty-Three Thousand Nine Hundred Ten Dollars ($353,910). Special Services: Compensation to FNI (Attachment C) shall be computed on the basis of the schedule of charges (Attachment D) but shall not exceed Fifty-Five Thousand Five Hundred Forty-Five Dollars ($55,545). Southeast Denton Phase 3A - 22 Roadway Segments Design Development PS&E RFQ 6590-042 Amendment #3 Total Level of Effort (LOE) A. Project Management, Quality Management, and Project Administration (LS)$32,626 $48,939 B. C. D. E. F. Roadway Preliminary (LS) Roadway Final Design (LS) Utilities Preliminary (LS) Utilities Final Design (LS) $89,768 $35,196 $44, 153 $58, 192 $109,573 $35,196 $58,871 $58,192 Survey a. Standard Topographic (LS) b. SUE Level “B” (LS) c. SUE Level “A" (CPM) Geotechnical SO $0 $41,400 $60,548 $31,050 $41,400 G. a. Engineering Analysis (LS) b. Geotech Exploration, Boring, and Laboratory Testing (CPM) $19,454 $ 14, 145 $19,454 $14, 145 H. Environmental (LS)$1,587 m3 $1,587 Design Development PS&E Subtotal m4 Southeast Denton Phase 3A - 22 Roadway Segments Bid and Construction Phase Support Services RFQ 6590-042 Amendment #3 Total Level of Effort (LOE) I. Bid Support Services (LS) J. Construction Support Services (LS) $21,042 $51,893 $21,042 $51,893 Bid and Construction Subtotal $72,935 $409,455 m2 $551,889Total Note: $142,434 of Total Level of Effort was previously authorized in RFa 6590-042. 12 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 V. ITEMS NOT INCLUDED IN THE SCOPE OF SERVICES A. ADDITIONAL SERVICES: 1 Owner and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. Any additional amounts paid to the Consultant 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. Additional Services to be performed by Consultant, if authorized by Owner, which are not included in the above basic services, are described as follows: a. b. Design and plan production including drainage, signing, pavement markings, street or dedicated pedestrian lighting, fiber optic conduit, traffic control, erosion control, irrigation, and median landscaping Bid phase service, beyond efforts needed as described in the scope of services, such as assisting Owner in securing bids; issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms; provide a copy of the notice to bidders for Owner to use in notifying construction news publications and publishing appropriate legal notice; maintain information on entities that have been issued a set of bid documents: and distributing information on plan holders to interested contractors and vendors on request Preparation of temporary and permanent easement documents and right-of-way acquisition . Roadway cross sections as the streets will be replaced in kind. Traffic Simulations and/or Traffic Studies. Franchise Utility Design. Drainage or stormwater systems design, including analysis and design to upsize existing storm drain system contained encompassed by the Project limits. Preparation of additional bid packages. Packaging/inclusion of contract documents prepared by others, except those mentioned in the Utilities project description of the scope signed and sealed by Teague, NaII, Perkins. Revising the Traffic Control Plan (TCP) based on Contractor input after Bidding. Retaining wall design. Field layouts or the furnishing of construction line and grade surveys. GIS mapping services or assistance with these services Making property, boundary and right of way surveys (beyond efforts needed to establish the apparent existing right-of-way), preparation of easement and deed descriptions, including title search and examination of deed records. Providing renderings, model and mock-ups requested by the Owner. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. Furnishing the services of a Resident Project Representative to act as Owner’s on- site representative during the Construction Phase. Distribute up two (2) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the C. d e. f g. h 1. J. k. I m. n. 0. P. q. r. S 13 of 14 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A3C)7E City of Denton Professional On-Call Engineering Services Contract – SED Phase 3A May 12, 2021 construction contractor. Provide Owner with the remaining two (2) copies of these documents for use during construction. Additional sets of documents can be provided as an Additional Service. t. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Produce monthly reports indicating the status of all submittals in the review process. u. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance and other assistance required to address environmental issues. v. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work w. Services required to resolve bid protests or to rebid the projects for any reason. x. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. y. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. z. 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E0LL LL LU LL0J LUa-1 --1 E0b- i S ! ; g ;il g g6 ; 1: C) 1-Z LU EI 9 E X ! gi 1: i i i ! ! g ! i = iii ililii'li ' : i ii:l'l' ! iii gli§i 1 1 : : 3 g g ; ! ! i ! ! ! !!; i =TH lig }Li !! !! ii 8 } } ! iIiS i ; ; : 8 F-nc0LL LL LU LL0 --1 LLI > LU --1 --1 g0I O 1-Z LUEIC) E ;ij aj ! gi i i 6is ! g : ;i ! ! !;}g=ijii§ Iii;i -il:ii iii ; :BI 'l' iii} iii : j3333jj! i ! ! ! !a ! ! i : DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E n ' 'nV' ""b'-' V COMPENSATION Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of Three Hundred Fifty Three Thousand Nine Hundred Ten Dollars ($353,910). Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of Charges, but shall not exceed Fifty Five Thousand Five Hundred Forty Five Dollars ($55,545). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. Position Professional 1 Professional 2 Professional 3 Professional 4 Professional 5 Professional 6 Construction Manager 1 Construction Manager 2 Construction Manager 3 Construction Manager 4 CAD Technician/Designer 1 CAD Technician/Designer 2 CAD Technician/Designer 3 Corporate Project Support 1 Corporate Project Support 2 Corporate Project Support 3 Intern / Coop Senior Advisor Hourly Rate 121 145 165 190 221 253 96 125 146 184 103 133 164 98 117 157 60 175 Rates for In-House Services and Equipment Mileage Bulk Printing and Reproduction Standard IRS Rates B&W $0.10 Color $0.25 Equipment Valve Crew Vehicle (hour) $75 Pressure Data Logger (each) $200 Water Quality Meter (per day) $100 Microscope (each) $150 Pressure Recorder (per day) $100 Ultrasonic Thickness Guage (per day) $275 Coating Inspection Kit (per day) $275 Flushing / Cfactor (each) $500 Backpack Electrofisher (each) $1,000 Survey Grade Standard $200 Sloo $150 $50 Small Format (per copy) Large Format (per sq. ft.) Bond Glossy / Mylar Vinyl / Adhesive Technology Charge $8.50 per hour $0.25 $0.75 $1.50 $0.75 $1.25 $2.00 Mounting (per sq. ft.) Binding (per binding) $2.00 $0.25 Drone (per day) GPS (per day) OTHER DIRECr EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed in house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services These ranges and/or rates will be adjusted annually in February. Last updated February 2020. 3022020 DocuSign Envelope ID: 31C30095-C7E6-4D98-AE08-3EB68D2A307E Exhibit CIQ CONFLICT OF INTEREST QUESTIONNAIRE - For vendor or other person doing business with local governmental entit' L hg., 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. N M Freese and Nlcholsl 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 This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?E Yes = No B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local govemmental 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? E Yes E No D.Describe each employment or business and family relationship with the local government officer named in this section 4 [] I have no Conflict of Interest to disclose. 5/19/2021 ing business with the governmental entity Date