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21-269221-2692 ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE NALL AND PERKINS, INC., FOR DESIGN SERVICES FOR NEIGHBORHOOD 7A IMPROVEMENTS FOR THE CAPITAL PROJECTS/ENGINEERING DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7599-003 — PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO TEAGUE NALL AND PERKINS, INC., IN THE NOT -TO - EXCEED AMOUNT OF $726,610.00). WHEREAS, on May 18, 2021, the City Council approved a pre -qualified professional engineering list (Ordinance 21-894); and WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with Teague Nall and Perkins, Inc., for design services for Neighborhood 7A Improvements for the Capital Proj ects/Engineering Department, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, Texas, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by b6 ; Guth le C 16- This ordinance was passed and approved by the following vote ['7 - Q 1: Aye Nay Abstain Absent Mayor Gerard Hudspeth: ✓ Vicki Byrd, District 1: ✓ Brian Beck, District 2: .r Jesse Davis, District 3: ✓ Alison Maguire, District 4: ✓ Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the 1 A7I' day of-�)2C 2.M)C'e_,<- , 2021. ATTEST: ROSA RIOS, CITY SECRETARY R APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, d 4 C �1 ou=City of Denton, (�LIJ M.t email=marcella.lunn@cityofd BY: enton.com, c --US Date: 2021.11.23 10:39:04 -06'00' Z////,- GERARD SPETH, MAYOR DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 CITY OF DENTON Docusign City Council Transmittal Coversheet PSA 7599-003 File Name Neighborhood 7A Design Purchasing Contact Cori Power City Council Target Date DECEMBER 14, 2021 Piggy Back Option Not Applicable Contract Expiration NSA Ordinance 21-2692 E DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Denton, a Texas home -rule municipality ("CITY"), and Teague Nall and Perkins, Inc., with its corporate office at 3200 S. Interstate 35E, Suite 1129, Denton, TX 76210 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Neighborhood 7A Improvement Design (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $726,610 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment D. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment D to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer Amendments to Section 4, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 3 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 5 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B06175465 J. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers' Compensation City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 17 — ENGINEER shall maintain workers DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability — ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 7 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. K. Independent Consultant City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER's agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and ENGINEER's agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City Amendments to Section 5, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 916118 Page 11 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions Amendments to Section 6, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 12 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR, ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.13., 6.D., 6.F., 6.1-1., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf_info_form 1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. O. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. Duly executed by each party's designated representative to be effective on the date City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 16 of 17 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 subscribed by the City Manager. BY: CITY OF DENTON, TEXAS FDoc��uSrri��gned by: N/R Ii n nm i M anager Date: 12/14/2021 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: ff&N_W6745F... Director of capital Projects/city Engineer Title capital Projects/Engineering Department Date Signed: 11/22/2021 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 17 of 17 BY: ENGINEER TEAGUE NALL AND PERKINS, INC. DocuSigned by: "s�o lkcw{�c, t6plhtAtcHartke Director of Engineering Services Date: 11/22/2021 2021-825176 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER ATTEST: CITY SECRETARY DocuSigned by: By: PZ R:" APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: By: IMA, 4B� 07083184AA438... DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 ATTACHMENT'A' SCOPE OF SERVICES 2019 STREET RECONSTRUCTION BOND PROGRAM - NEIGHBORHOOD 7A BASIC SERVICES PROJECT DESCRIPTION The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. The scope of the project includes the following 11 Street Segments: STREET FROM • STREET FROMTO SEGMENT SEGMENT Azalea Laurel Parvin Highland Park Rd Oakwood Westwood Dr Mercedes Rd Bernard Roselawn Dr Oakwood Mercedes Rd East Bernard Acme Parvin Public Alley Laurel Highland Park Rd Camellia Highland Park Rd Laurel St Underwood N Texas Blvd Kendolph Dr Leslie Willowwood Dudley Wisteria Laurel Highland Park Cr Oakwood Mccormick T Westwood Dr SCOPE OF WORK The general scope is to prepare construction plans for streets, water and sanitary sewer improvements as identified in Attachment E — Location Map. The purpose is to provide full depth reconstruction of the 11 street segments. The road reconstruction includes subgrade stabilization, asphalt paving, concrete curb and gutter, and driveway replacements (limited to driveways that are within the existing right-of-way). The project also includes replacing existing aging water and sanitary sewer lines, select stormwater infrastructure, limited sidewalk improvements, and street lighting. A 5 -foot sidewalk along the west side of Bernard Street, between Parvin Street and Acme Street, will be incorporated into this project. Curb ramps will be added at the Acme intersection to provide pedestrian connection to the sidewalk being constructed by a developer at the north east corner. All new sidewalk improvements will be designed in accordance with Texas Accessibility Standards and PROWAG criteria, including new curb ramps. Attachment A - Page 1 of 7 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 Paving, Water, and Sanitary Sewer Construction Plans Construction plans will be prepared for public bidding, and will include: • Cover sheet • General notes and typical sections • Demolition plan • Street and Alley reconstruction plans • Driveway profiles • Storm drain plans (as determined during the 30% Conceptual Design Phase) • Sidewalk and curb ramps • 8" Water Line Plan with water services. • 8" Sanitary Sewer Plan and Profile. Sewer services in plan view only. • Detail sheets as appropriate • Traffic control criteria and Phasing Plan (traffic control plans to be submitted by the contractor) • Contract documents for procurement of Competitive Sealed Proposals (CSP). Illumination /Street Lighting Analysis Illumination / Street Lighting Analysis will be prepared by the ENGINEER, and will include the following: 1. Site visit to identify existing street light locations and fixtures. 2. Prepare a Photometric Study to determine the effectiveness and/or deficiencies of existing lighting. 3. Make recommendations for placement of new streetlights 4. Prepare a photometric analysis of proposed conditions and supply exhibits and a Letter of Recommendation to the City for use in evaluating current City lighting requirements. Level A & B Subsurface Utility Engineering (SUE) The following represents the general understanding between the Client and Engineer regarding the basis and/or limitations under which these subsurface utilities designating and/or locating services are provided: 1. These services will be conducted and provided in general compliance with CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This standard establishes and defines four quality levels for data collection that are briefly described as: • Quality Level D (QL-"D") — Generally QL-"D" indicates information collected or derived from research of existing records and/or oral discussions. • Quality Level C ( QL"C") - Generally QL-"C' indicates information obtained by surveying and plotting visible above -ground utility features and by using professional Attachment A - Page 2 of 7 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 judgment in correlating this information to QL-"D" information. Incorporates QU D" information. (Limited in this scope, this scope is to cover underground utility crossings) Quality Level B (QU'B") — Generally QL-"B", also known as "designating" indicates information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Incorporates QL-"D" & QU C" information. Quality Level A (QL-"A") - Generally QL-"A", also known as "locating", indicates the precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, at a specific point. Incorporates QU D" QL-"C" & QL "B" information. (11 Test Holes) 2. These services are for the purpose of aiding the design of the subject project by providing information related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated. 3. The Engineer will provide services that meet the standard of care for existing subsurface utility location and mapping as established in CI/ASCE 38-02 by exercising due diligence with regard to records research and acquisition of utility information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record information from the various utility owners. However, the Engineer makes no guarantee that all utilities can or will be identified and shown as there still may be utilities within the project area that are undetectable or unknown. 4. Facilities that are discovered through field investigative efforts by the Engineer but no plan records or ownership data can be identified will be hereafter referred to as "unknown" utilities. As part of these services, the Engineer will provide QL-C information in the project deliverables for all unknown utilities that may be identified in the field investigation of the project. Designating and/or locating unknown utilities will typically not be part of the initial scope of work but depending on the client's needs can be added as additional work to address concerns of the project impacts of "unknown" facilities. 5. Ground penetrating radar will hot be used as a part of the field investigation of the project site unless that use has been specifically addressed with the scope of services described herein. 6. The documented results produced by these services represent a professional opinion and interpretation based upon record information and/or field evidence. These results may be affected by a variety of existing site conditions, including soil content, depth of the utility, density of utility clusters, and electro -magnetic characteristics of the targeted utilities. Also, the lack of and/or poor condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most cases will make the successful detection and location of the utility unlikely. 7. The Engineer will apply professional judgment to determine which utilities require additional field effort and/or methods to properly designate and/or locate, most commonly when record drawings are not available. In such cases, the Engineer will provide a recommendation or request for additional services to the Client. Among other methods, a detectable duct rodder or other conductor may be introduced into the line to enable the Attachment A - Page 3 of 7 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 designation of the utility. This method is dependent upon approval by the utility owner, as well as access to, size and condition of the utility. 8. None of these services are intended to and should not be understood to relieve the Client or others from the responsibility to comply with the statutory requirements related to notifying the proper one -call system(s) in advance of any and all excavation, grading and/or construction within the project site. The scope of subsurface utility designating and/or locating services for this project is described below. Survey services to tie utility crossing marks and/or identifiers placed during the subsurface utility designating and/or locating effort will be provided in this contract. This work includes: 1. Requesting utility records on all crossing utilities from the Client, public utilities and private utility companies known to provide service within the project area, as well as other sources, in an effort to develop a comprehensive inventory of utility systems likely to be encountered. Record documents may include construction plans, system diagrams, distribution maps, transmission maps, geographic information system data, as well as oral descriptions of the existing systems. Record information will not be used as a substitute for field location methods unless it is determined to be the most appropriate method for depicting the utilities at the site. The depiction of utilities from records (QL-"C or "D") will be based on thorough field and office activities and shall be based on the most reliable indication of position available. 2. Investigating all utility systems shown on the record drawings that are included within the project site. Visible surface features and appurtenances of subsurface utilities found within the project site will also be evaluated. Using appropriate surface geophysical methods, TNP will search for detectible indications of the location of anticipated subsurface utilities. 3. Marking all locations that can be validated, using paint, flags or other devices. 4. Preparing documentation of the utilities encountered and marked, including their general location, orientation, type & size, if known. 5. Deliverables, based on ASCE Standard 38-02, will be signed and sealed by a Professional Engineer registered in the State of Texas, and will consist of an AutoCad DWG 2d (DGN) file depicting all Sub -surface Utilities Designated, with a PDF of the same signed and sealed by a Professional Engineer registered in the State of Texas and ACSII Point List. Topographic Design Survey and Right -of -Way Limits Provide all office and field work necessary to survey existing conditions and elevations. The Topographic Design Survey will be used as the base for the project design, and the right-of-way line along all the street segments will be identified. Sufficient research will be performed to develop a working sketch of the plat, deed and ROW information available of record. Property corners will be located on the ground and analyzed by a Registered Professional Land Survey for determination and placement of the right-of-way line. Deliverables will include a Base Map in AutoCAD Civil 3D format, depicting the Topographic Design Survey with the final location of said right-of-way line. Attachment A - Page 4 of 7 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 Geotechnical Investigation/Pavement Design Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment to determine existing soil conditions. The ENGINEER's subconsultant shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Denton Pavement Design Guidelines and Typical Pavement Sections (2010), prepared by CTL Thompson Texas, LLC. The study shall include recommendations regarding utility trenching and identify existing groundwater elevation at each boring. Bid Support ENGINEER will provide to the CITY a Notice to Bidders for advertisement of the project for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide up to 5 sets of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the project. Additional sets of plans required will be considered Additional Services and will be paid for by the CITY at commercial printing rates. The CITY shall be responsible for dispersing all plans and specifications from its purchasing department to prospective bidders. 2. ENGINEER will provide technical support to the CITY during the Bidding & Contract Award phase by responding to bidder and CITY questions, attending a Pre -Bid meeting (if needed), reviewing the bids, reviewing bidder qualifications and references, and making a recommendation of award to the CITY. ENGINEER will prepare necessary addenda during the bidding phase for distribution by the City of Denton Purchasing Department. Construction Support 1. ENGINEER will attend a Pre -Construction meeting to support City staff. 2. ENGINEER will review shop drawings and submittals as necessary. 3. ENGINEER will respond to questions from the City during construction, to clarify the design intent. 4. ENGINEER will conduct up to eight site visits at the direction of the City, to assist with clarification of the plans and to assess site conditions. 5. All construction support services will be performed at the direction of the City and will be compensated on an hourly basis. The fee shown in Attachment B for Construction Administration is an estimate only and could be exceeded during the course of construction. Assumptions and Clarifications The following assumptions were used by the ENGINEER for the preparation of this scope of Basic Services: Any Right of Entries required for construction will be obtained by the Contractor. Attachment A - Page 5 of 7 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 • A geotechnical investigation will be completed as part of the scope of this project. The geotechnical sub consultant will obtain one (1) boring per 500 LF for each segment for the investigation (22 borings total). The purpose of the investigation is to confirm the City's minimum pavement section required for the street reconstruction. • Topographic design survey is necessary to complete the design, with Sufficient boundary work to identify the right-of-way line along each segment. • A Level B Subsurface Utility Engineering (SUE) investigation will be performed for the entire project. An estimation of eleven (11) Level A test holes are anticipated. • Each deliverable will include 3 sets of 11"x17" plans and a pdf set of plans and contact documents. Due to a compressed schedule, three submittals are anticipated, which include a Conceptual Design (30%), Final Draft Design (75%), and Final Design (100%). The 30% Design Deliverable will include plans only, while the 75% and 100% Design Deliverables will include plans and Contract Documents. • To achieve the project schedule, the standard two-week CITY review process will be replaced with a one -day Charette (review meeting) approximately 3 days after each submittal. The Charette will involve the ENGINEER and the appropriate CITY stakeholders from each department. At the conclusion of the Charette, the ENGINEER will receive direction from the CITY including review comments and notice to proceed with the next design phase. • Contract Documents will consist of the City's front end and technical specifications as published prior to the start of the Final Draft (75%) Design. • The ENGINEER will not prepare Traffic Control Plans. Criteria will be provided to the contractor identifying requirements of the Traffic Control Plan with an anticipated Phasing Plan. The contractor will prepare and submit a Traffic Control Plan for review and approval by the City and the ENGINEER. • The Engineer will walk the project with the CITY to participate in the identification of curbs and drive approaches to be replaced. • Two Public Meetings are anticipated. The first one during design, after the Conceptual Plans (30%) have been reviewed and approved by the CITY. The ENGINEER will attend the public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and notify the affected stakeholders. The second public meeting is anticipated prior to the start of construction to coordinate the construction phasing and process with the affected stakeholders. • It is anticipated that the total cost of pedestrian improvements will require plan review and construction inspection by a Registered Accessibility Specialist (RAS) for compliance with the Texas Accessibility Standards (TAS). This scope is included in the fee identified in Attachment B. • The CITY will handle any approval of Tree Removal and coordination with property owners. Attachment A - Page 6 of 7 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 Part II Deliverables • Prior to the Final Design submittals outlined below, a Conceptual (30%) Design Review Charette meeting will be conducted with City staff to review working drawings for the project. The Conceptual Design submittal will include all plan sheets except standard details. Proposed construction will be shown in both plan and profile (where appropriate) with sufficient annotation to convey the design intent and identify conflicts or other issues that would affect the design. • Based on the Conceptual Design Review Charette meeting, the ENGINEER will proceed with Final Draft Design. After completing the Final Draft Design, the ENGINEER will submit the Final Draft Design (75%) documents to the City. The documents will include a pdf of the plans, contract documents with updated quantities and an estimate of probable construction cost. A Final Draft (75%) Design Review Charette meeting will be conducted with City staff to review working drawings for the project. • After the Final Draft Design Charette Review meeting, the ENGINEER will provide electronic (pdf) sets of plans to appropriate utility companies for their use in planning their own relocations, if needed. • Based on the Final Draft Review Charette meeting, the ENGINEER will proceed with Final Design. After completing the Final Design, the ENGINEER will submit the Final Design (100%) documents to the City. The documents will include a pdf of the plans, contract documents with updated quantities and an estimate of probable construction cost. Final Design (100%) plans will include completed versions of all necessary plan sheets, ready for construction (but without seals and signatures). A Final (100%) Design Review Charette meeting will be conducted with City staff to review drawings for final approval. • The ENGINEER will complete the plans and prepare them for construction based on City staff comments from the Final Design Charette Review meeting. All final plans will be sealed and signed by a Professional Engineer registered in the State of Texas. The ENGINEER will provide an electronic (pdf) set of plans and contract documents for bidding. ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in obtaining the following services, information, and materials upon request: 1. Available past studies, drainage reports, and mapping relative to the project. 2. As -built records of existing storm drain, water, and sanitary sewer systems. 3. GIS shape files that include layers such as streets, buildings and existing utilities as requested. 4. Applicable standard City of Denton contract documents, technical specifications, and details. Attachment A - Page 7 of 7 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF•2A7B061754B5 ATTACHMENT'B' COMPENSATION 2019 STREET RECONSTRUCTION BOND PROGRAM - NEIGHBORHOOD 7A A. BASIC SERVICES: For work performed by the ENGINEER within the scope identified in ATTACHMENT A, Scope of Services, the ENGINEER will be reimbursed as described below: Labor The following fees shall be paid to the ENGINEER for labor involved in the various items of work within the scope of Basic Services identified in ATTACHMENT A: Task Professional Services Fee 1. Topographic Design Survey $ 80,800 2. Subsurface Utility Engineering (SUE Level A & B) $ 97,100 3. Geotechnical Investigation $ 24,970 4. Engineering — Paving Design $ 333,000 5. Engineering — Water/Sanitary Sewer Design $ 121,800 6. Illumination / Street Lighting Analysis $ 12,000 7. State Accessibility Plan Review $ 2,200 8. Bid Support $ 10,900 9. Construction Administration $ 40,000 TOTAL FEE FOR PROFESSIONAL SERVICES $ 722,770 2. Direct Expenses Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct invoice expense plus 10% with a not -to -exceed amount of: $ 3,840 3. Total Fee for Basic Services TOTAL (BASIC SERVICES) $ 726,610 B. ADDITIONAL SERVICES: Additional work performed by the ENGINEER outside that scope identified in ATTACHMENT A, Scope of Basic Services, shall be considered Additional Services. The ENGINEER will be reimbursed for Additional Services, should they be requested. Attachment B - Page 1 of 1 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 None ATTACHMENT'C' AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES 2019 STREET RECONSTRUCTION BOND PROGRAM -NEIGHBORHOOD 7A Attachment C - Page 1 of 1 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 ATTACHMENT V PROJECT SCHEDULE 2D19 STREET RECONSTRUCTION BOND PROGRAM - NEIGHBORHOOD 7A Task Duration Design Phase: 1. Survey/SUE/Geotechnical Investigation 6 weeks 2. 30% Design Deliverable 6 weeks 3. 75% Design Deliverable 7 weeks 4. 100% Design Deliverable 5 weeks Total Project Design Duration 6 Months This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service. If CITY has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ENGINEER's services shall be adjusted equitably. Attachment D - Page 1 of 1 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 ATTACHMENT'E' LOCATION MAP 2019 STREET RECONSTRUCTION BOND PROGRAM - NEIGHBORHOOD 7A L : . _ E Inn U ■moi■ u AACFfl1t ■ I T.y _ GOLF-- i2A1CYYpOp 7A Nni owcRsr ``' �1 LA[IR£I x • • : TJi1fL F N Wr �`• N• Legend: . W ......... Water Sewer Streets Attachment E - Page 1 of 1 DocuSign Envelope ID: 63257C05-06B1-4DFF-96BF-2A7B061754B5 Exhi bi t CIQ CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Teague Nall and Perkins, Inc. 2 El 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 7t' business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate. 3 1 Name of local government oftic.er about whom the information in this section is being disclosed. None 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] F—x—] Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 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] F—x-] Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. None 4 ❑x I have no Conflict of Interest to disclose. 5DoeuSigned by: 0 t, 11/22/2021 Si W%�81W&ing business with the governmental entity Date