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23-1329ORDINANCE NO. 23-1329 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THEDESIGN OF NEIGHBORHOOD IB FOR THE CAPITAL PROJECTS DEPARTMENT:PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7599-012 – PROFESSIONAL SERVICES AGREEMENT FORDESIGN SERVICES AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC.. IN THE NOT- TO-EXCEED AMOUNT OF $3,076,300.00). 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 andqualifications to perform the proposed professional services; and WHEREAS, this procurement was undertaken as part of the City’s governmental function;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 Kimley-Horn and Associates, Inc., for the design of Neighborhood IB for the Capital Projects Department, a copy of which is attached hereto and incorporated by referenceherein SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinancesecondedby J–De hIMafollowing vote k - a : made by BrfaN\ %£k a„d ' This ordinance was passed and approved by the Aye ,/ \/ IZ V/ V/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6:\/ PASSED AND APPROVED this the \ SIR d,y ,f 2023 .d.?a{gi{_„" ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY L\\\\ \ t BIll/l/ APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Digitally signed by MaKellaLunn \\Puau.i.\ \.IW\\=FmTH==:'::“ B: Ice:Ti;;06.29 1 9:59:27 -05'oo' DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 DENTON Docusign City Council Transmittal Coversheet PSA 1 7599-012 CMAR Neighborh ood IB Improvements DesignFile Name Purchasing Contact c ''i p '"'‘ City Council Target Date JULY 18’ 2023 Piggy Back Option Contract Expiration Ordinance Not App1 icab1 e N/A LJ – IJ LJ DocuSign Envelope ID: CEA0136E-15D8JID81428F-C)4D9EAF70916 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES (PSA 7599-012) This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Kimlev-Horn and Associates, Inc., with its corporate office at 100 W OakStreet. Suite 203. Denton. Texas 76201 and authorized to do business in Texas. ("ENGINEER"), for a PROJECT generally described as: CMAR Neighborhood IB Improvements Design (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agreesto perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connectionwith 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 specificallyagreed 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 thisAGREEMENT in an amount not to exceed $3,076,300 in the manner and inaccordance with the fee schedule as set forth in Attachment B. Payment shall beconsidered full compensation for all labor, materials, supplies, and equipmentnecessary to complete the services described in Attachment A. B.Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shallbe 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 theCITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment C. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 1 of 18 DocuSign Envelope ID: CEA0136E-15D8dID81-828F-04D9EAF70916 A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but notlimited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment C to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under thisAGREEMENT. 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 anybalance 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 willbe withheld from payment, and the undisputed portion will be paid. The CITYwill 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 ingood faith within 60 days of the amount due, the ENGINEER may, after giving 7days' written notice to CITY, suspend services under this AGREEMENT untilpaid in full. In the event of suspension of services, the ENGINEER shall haveno liability to CITY for delays or damages caused the CITY because of suchsuspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice andfurnishing 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 similarcircumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill andcare of a competent engineer. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 2 of 18 DocuSign Envelope ID: CEA0136E-15D84D81-828F4)4D9EAF70916 C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity forsubcontract work such as special surveys, tests, test borings, or othersubsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerningthe results of same. Such surveys, tests, and investigations shall be furnishedby the CITY, unless otherwise specified in Attachment A. (2) in soils, foundation, groundwater, and other subsurface investigations, theactual characteristics may vary significantly between successive test points andsample 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 mayoccur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of theENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink onreproducible mylar sheets and electronic files in .pdf format, or as otherwise approved byCITY, which shall become the property of the CITY. CITY may use such drawings in anymanner 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 CITYand/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, andresponsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating andcompleting all portions of the construction work in accordance with theAGREEMENT Documents and any health or safety precautions required bysuch construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or theiremployees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth inAttachment A, the ENGINEER or its personnel shall have no obligation orresponsibility 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 theCity of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 3 of 18 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 PROJECT, when completed, will be in accordance with the AGREEMENTDocuments, nor shall anything in the AGREEMENT Documents or thisAGREEMENT between CITY and ENGINEER be construed as requiringENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the workon the PROJECT. If the ENGINEER makes on-site observation(s) of adeviation from the AGREEMENT Documents, the ENGINEER shall inform theCITY (3) When professional certification of performance or characteristics of materials,systems or equipment is reasonably required to perform the services set forth inthe Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performancecriteria 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 currentavailable information at the time of preparation, in accordance withAttachment 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 bythird parties; quality, type, management, or direction of operating personnel; andother 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 progresspayments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work hasprogressed to the point indicated. Such recommendations do not represent thatcontinuous or detailed examinations have been made by the ENGINEER to ascertain thatthe construction contractor has completed the work in exact accordance with theAGREEMENT Documents; that the final work will be acceptable in all respects; that theENGINEER 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, orencumbrances; or that there are not other matters at issue between the CITY and the City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 4 of 18 DocuSign Envelope ID: CEA0136E-15D84D81-828F-C)4D9EAF70916 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 compiledand furnished by others, and may not always represent the exact location, type of variouscomponents, or exact manner in which the PROJECT was finally constructed. TheENGINEER is not responsible for any errors or omissions in the information from othersthat is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years afterfinal payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers andrecords 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 andappropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advancenotice 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 CITYshall, until the expiration of five (5) years after final payment under thesubcontract, 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 beprovided adequate and appropriate work space, in order to conduct audits incompliance with the provisions of this section together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intendedaudits (3) ENGINEER and subconsultant agree to photocopy such documents as may berequested by the CITY. The CITY agrees to reimburse ENGINEER for the costof copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 5 of 18 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 J. INSURANCE (1) ENGINEER’S INSURANCE a.Commercial General Liability – the ENGINEER shall maintaincommercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per eachoccurrence with a $2,000,000.00 aggregate. If such Commercial GeneralLiability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i.The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insuredendorsement or a substitute providing equivalent coverage, andunder 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 CommercialGeneral Liability insurance policy shall have no exclusions orendorsements 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 theextent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained inaccordance with this AGREEMENT. b.Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit ofnot less than $1,000,000 each accident. Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-ownedautos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned isacceptable. 1.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEERpursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers’ Compensation – ENGINEER shall compensation and employers’ liability insurance City of Denton. TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 6 of 18 maintain workers’ and, if necessary, DocuSign Envelope ID: CEA0136E-15D8J+D81-828F4)4D9EAF70916 commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00each employee for bodily injury by disease, with $500,000.00 policy limit. i.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 andemployer’s liability or commercial umbrella insurance obtained byENGINEER pursuant to this AGREEMENT. d.Professional Liability – ENGINEER shall maintain professional liability, aclaims-made policy, with a minimum of $1,000,000.00 per claim andaggregate. 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 yearsfollowing the completion of the AGREEMENT. An annual certificate ofinsurance specifically referencing this PROJECT shall be submitted tothe CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained allrequired insurance shall be attached to this AGREEMENT prior to itsexecution . 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 contractedservices. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policiesdocumented thereon. d. Any failure on part of the CITY to attach the required insurancedocumentation hereto shall not constitute a waiver of the insurance requirements. e.A minimum of thirty (30) days notice of cancellation or material change incoverage 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 sentto the respective Department Director (by name), City of Denton, 901Texas Street, Denton, Texas 76209. f. Insurers for all policies must be authorized to do business in the State of City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 7 of 18 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 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 strengthand 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. TheCITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to theCITY h. Applicable policies shall each be endorsed with a waiver of subrogationin favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurringexpense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on aclaims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shallstate 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 orchanges from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained afterfinal payments. 1.The CITY shall not be responsible for the direct payment of anyinsurance 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. Whensub consultants/subcontractors maintain insurance coverage,ENGINEER shall provide CITY with documentation thereof on acertificate of insurance. K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superiorshall not apply. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 8 of 18 DocuSign Envelope ID: CEA0136E-15D8zID81428F<)4D9EAF70916 L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conf]icts 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 willmake disclosure in writing of any conflicts of interest that develop subsequent to thesigning 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 PROJECTto permit testing and evaluation. (2) if asbestos or other hazardous substances are suspected, the CITY mayrequest the ENGINEER to assist in obtaining the services of a qualifiedsubcontractor 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 designcriteria and/or current engineering practice standards which the ENGINEER should havebeen 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 designcriteria and/or practice standards criteria which are published after the date of thisAGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation willbe made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed perAttachment C to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agentsshall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetictesting, or national origin, be refused the benefits of, or be otherwise subjectedto discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 9 of 18 DocuSign Envelope ID: CEA0136E-15D8-4D81-828F-04D9EAF70916 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 A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the informationprovided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for theENGINEER's performance of its services. The CITY will perform, at no cost to theENGINEER, such tests of equipment, machinery, pipelines, and other components of theCITY's facilities as may be required in connection with the ENGINEER's services. TheCITY 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 federalauthorities; and land, easements, rights-of-way, and access necessary for theENGINEER'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, insurancecounselor, 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 timelymanner in accordance with the PROJECT schedule prepared in accordance withAttachment C. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes orbecomes aware of any development that affects the scope or timing of the ENGINEER'sservices or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 10 of 18 DocuSign Envelope ID: CEA0136E-15D84D81428F44D9EAF70916 (1) CITY acknowledges ENGINEER will perform part of the work at CITY'sfacilities that may contain hazardous materials, including asbestos containingmaterials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by thirdparties or employees of City, City hereby releases ENGINEER from anydamage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, releaseor 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 materialssuppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, andsubcontractors, for any claim arising out of, in connection with, orresulting 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 shallhave no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structuresassociated with the PROJECT. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 11 of 18 DocuSign Envelope ID: CEA0136E-15D84D81428F<)4D9EAF70916 (2) The CITY may secure Builders Risk/Installation insurance at the replacementcost 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 undertakenor defended by the CITY. In the event CITY requests such services of the ENGINEER, thisAGREEMENT 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 thisAGREEMENT. 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 amendmentto this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of awritten 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 thisPROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration bythe 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. 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. CIty of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 12 of 18 DocuSign Envelope ID: CEA0136E-15D8z}D81828F<)4D9EAF70916 D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice toENGINEER. b.by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and thenonperforming party does not commence correction of suchnonperformance within 5 days’ written notice or thereafter fails todiligently complete the correction . (2) if this AGREEMENT is terminated for the convenience of the City, theENGINEER 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 otherdata 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 sothat the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to theCITY 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 theconvenience 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 bemade F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMiTrED BY THE ENGINEER OR ENGINEER’SAGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 13 of 18 DocuSign Envelope ID: CEA0136E-15D8-4D81-828F-04D9EAF70916 TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior writtenconsent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation and performance, and any other claims related to it. The venue for anylitigation 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 unenforceabilitywill not affect any other provision, and this AGREEMENT shall be construed as if suchinvalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws andregulations 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 orignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFYAND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS ANDEMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OFTHE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees whoperform work under this AGREEMENT, including completing the Employment EligibilityVerification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY withcopies of all 1-9 forms and supporting eligibility documentation for each employee whoperforms work under this AGREEMENT. ENGINEER shall adhere to all Federal andState 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 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Pag 14 of 18 DocuSign Envelope ID: CEA0136E-15D8zID81428F4)4D9EAF70916 such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THISPARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have theright to immediately terminate this AGREEMENT for violations of this provision byENGINEER L. Prohibition On Contracts With Companies Boycotting Israel Engineer acknowledges that in accordance with Chapter 2271 of the TexasGovernment Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains a written verification from the companythat 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 tothose terms in Section 808.001 of the Texas Government Code. By signing thisagreement, Engineer certifies that Engineer’s signature provides writtenverification to the City that Engineer: (1) does not boycott Israel; and (2) will notboycott 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 Sections 2252 and 2270 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 provideswritten verification to the City that Engineer, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agreement and will not become ineligible toreceive payments under this agreement by doing business with Iran, Sudan, or aforeIgn terrorIst organizatIon. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the companythat it (1) does not boycott energy companies; and (2) will not boycott energycompanies during the term of the contract. The terms “boycott energy company” and “company” shall have the meanings ascribed to those terms in Section 809.001 of theTexas Government Code. By sIgning this agreement, Engineer certifies thatEngineer’s signature provides written verification to the City that Engineer: (1)does not boycott energy companies; and (2) will not boycott energy companiesduring the term of the agreement, Failure to meet or maintain the requirements City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 15 of 18 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 under this provision will be considered a material breach. O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the companythat it (1 ) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate duringthe term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter2274 of the Texas Government Code. By sIgning this agreement, EngIneer certifiesthat Engineer’s signature provides written verification to the City that Engineer:(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminateduring the term of the contract against a firearm entity or firearm trade association. Failure to meet or maintain the requirements under this provision will beconsidered a material breach. P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies The City of Denton may terminate this Contract immediately without any further liability if the City of Denton determines, in its sole judgment, that this Contract meets therequirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned byor the majority of stock or other ownership interest of the company is held or controlledby individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country. Q. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performanceof any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in theCity Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall besubject to disciplinary action up to and including dismissal. Any violation of thisprovision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’sConflict of Interest Questionnaire. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 16 of 18 DocuSign Envelope ID: CEA0136E-15D8JtD81-828F-04D9EAF70916 R. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only bechanged by a written amendment executed by both parties. This AGREEMENT may beexecuted in one or more counterparts and each counterpart shall, for all purposes, bedeemed an original, but all such counterparts shall together constitute but one and thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT: Attachment A - Scope of ServicesAttachment B - CompensationAttachment C - Project Schedule Attachment D – Project Location Map These documents make up the AGREEMENT documents and what is called for by oneshall 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 shallbe resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Duly executed by each party’s designated representative to be effective on3uly 18, 2023 BY: CITY OF DENTON, TEXAS BY:ENGINEER KIMLEY-HORN AND ASSOCIATES. INCDocuSigned by: (AS hara APub Vice Presldent by, City Manager Signor, Title Date: 6/23/2023 2023-1035450 TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 17 of 18 DocuSign Envelope ID: CEA0136E-15D8J+D81-828F-04D9EAF70916 THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operationalobligations and business terms./-DocuSigned by:IA.# &#& SlotHtUBe I BC4F2... ATTESTJESUS SALAZAR, INTERIM CITYSECRETARY B Y : Hi;;# Director of Capita1 ProjectsTitle Engineering/Caplta1 Projects Department Date Signed: 6/23/2023 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSlgned bF BY bath City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 18 of 18 DocuSign Envelope ID: CEA0136E-15D84D81-828F<)4D9EAF70916 ATTACHMENT "A" NEIGHBORHOOD IB IMPROVEMENTS Scope of Services PROJECT UNDERSTANDING The Scope of Services consists of design and construction phase services for full depth street reconstruction and utility replacement in the Neighborhood IB area, as defined in Attachment E. This scope of services consists of the following: • Approximately 25,500 linear feet of road reconstruction with subgrade stabilization, asphalt paving, concrete curb and gutter, and driveway replacements. ' Relocations of approximately 10,000 linear feet of 6-inch through 12-inch water main and 16,800 linear feet of 6-inch through 12-inch sanitary sewer. •Stormwater replacement within Neighborhood IB area as determined necessary during design. •Sidewalk improvements within Neighborhood IB area as determined necessary during design. • Illumination improvements within Neighborhood IB area as determined necessary through a photometric study. The ENGINEER understands the Project will be delivered via Construction Manager at Risk (CM@R). SCOPE OF SERVICES The ENGINEER will perform its services pursuant to the requirements delineated with ATTACHMENT "A". Services under this attachment consist of the following tasks: • • E E • • • • • • • Task 1 – Project Management Task 2 – Coordination Meetings Task 3 – Public Involvement Task 4 – Data Collection Task 5 – Roadway Design Task 6 – Pedestrian Improvements Task 7 – Utility Design Task 8 – Illumination Design Task 9 – Construction Phase Services Task 10 – Record Drawings Task 1 1 – Property Acquisition Services Neighborhood IB Improvements 1 of 16 June 14, 2023 DocuSign Envelope ID: CEA0136E-15D84D81 -828F-04D9EAF70916 Task 1 Project Management Task 1.1 Kick-off Meeting and Risk Workshop The ENGINEER will conduct a kick-off meeting and risk workshop with the project team to determine design criteria, project schedule, discuss project responsibilities, and create a risk register with the following: • Critical issues affecting project completion • Significant project considerations • Permit requirements • Action plan for each identified risk Task 1.2 Monthly Status Reports and Invoicing The ENGINEER will provide monthly invoices and status reports. Task 1.3 Permitting The CITY will be responsible for administration of all permits. The ENGINEER will provide exhibits and information necessary for permit approval. The ENGINEER understands the following permits will be required: •TxDOT Utility Installation Request (UIR) Task 1.4 CM@R Program Documentation The ENGINEER will assist the CITY with CM@R program documentation. The ENGINEER will attend one (1) work session with the project team to discuss processes, procedures, and lessons learned as they relate to the CM@R delivery method. Assumptions: e The kick-off meeting and risk workshop will occur after the CM@R has been selected by theCity • it is assumed Project Management will be required for thirty-six (36) months. Additional Project Management will be considered Additional Services. Deliverables: • Risk register e Monthly invoices and status reports • Meeting agendas and meeting notes • CM@R lessons learned Neighborhood IB Improvements 2 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D8-4D81-828F-04D9EAF70916 Task 2 Coordination Meetings Task 2.1 Coordination Meetings with Project Team The ENGINEER will conduct and document biweekly (every two weeks) coordination meetings with the project team and other key stakeholders. During these meetings, the design team will discuss design elements, challenges, and make decisions regarding any proposed design options. Task 2.2 Franchise Utility Coordination The ENGINEER will coordinate with franchise utility companies within the project area to obtain existing line maps, determine potential conflicts, and provide conflict information to the CITY for further coordination. The ENGINEER will assist the CITY in review of any franchise utility relocation plans. Up to forty (40) hours will be spent on franchise utility coordination. Any additional time spent beyond the allotted forty (40) hours will be considered additional services. Assumptions: e it is assumed Coordination Meetings will be required for eighteen (18) months. Additional Coordination Meetings will be considered Additional Services. • it is assumed Coordination Meetings with Project Team will occur virtually. • Franchise Utility Coordination may be virtual or in-person. Deliverables: • Meeting agendas and meeting notes Task 3 Public Involvement Task 3.1 Public Meetings The ENGINEER will prepare materials, attend, and document as needed for up to two (2) public meetings for each project area, totaling up to six (6) public meetings. The CITY will be responsible for selecting and scheduling meeting location and distributing notifications to the public either through mailers, social media, or email. It is anticipated the public meetings will occur during final design, pre-construction, and during construction. Task 3.2 Project Informational Materials The ENGINEER will assist the CITY with updated project information and materials to be used in council meetings and for a project website. Assumptions: • it is assumed there will be up to three (3) project areas. • it is assumed a public meeting following the Conceptual Design (30%) submittal will be through a video provided by the City. Deliverables: • Public meeting materials and meeting notes • Project informational materials Neighborhood IB Improvements 3 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D84D81428F-04D9EAF70916 Task 4 Data Collection Task 4.1 Data Collection and Analysis The ENGINEER will collect data to develop a base map. This information will be utilized to analyze existing constraints and issues for the development of the conceptual design. The following elements will be used to develop the base map. 4.1.1 4.1.2 4.1.3 Aerial Photography – The ENGINEER will collect aerial photography for the project corridor from NearMaps and/or available aerial photos from the CITY. Available Record Drawing Research – The ENGINEER will collect any available record drawings from the CITY within the project limits. Available CITY GIS utility information – The ENGINEER will utilize the CITY’s online GIS information to compile utility information for the study area. 4. 1.4 Field Observation – The ENGINEER will conduct up to five (5) site visits to visually document the existing conditions with the CM@R. 4.1.5 Utility Data Collection – The ENGINEER will meet with the CITY to discuss historical, existing, and future conditions along the project corridor. Task 4.2 Topographic and Boundary Survey The ENGINEER will prepare a topographic survey and right-of-way determination to be used for civil engineering design purposes. The topographic survey is to be used in-house and will not be issued as a stand-alone survey document. 4.2.1 The limits of survey will include ten (10) feet beyond existing right-of-way and fifty (50) feet beyond the construction limits for each segment of the project area identified inAttachment E. 4.2.2 The survey will consist of: the location of the right-o&way lines and adjoining property lines with existing easements readily available in the public record (this does not include an abstract of title);elevations; contour lines representing the surface of the existing ground at one foot intervals based on a survey grid system and tied to existing control points; observed(only if clearly visible from the surface) locations of existing water, sewer, storm drain, franchise utility facility appurtenances, trees, shrubs, and flowerbeds; pavement, sidewalk, and other visible corridor improvements, and benchmarks established with the survey. Task 4.3 Geotechnical Analysis The ENGINEER will utilize a subconsultant to perform geotechnical analysis to determine an asphalt pavement and subgrade treatment recommendation. Up to forty-five (45) bore holes will be completed for the analysis. Additional soil analysis will be obtained for recommendations to be used in retaining wall design Task 4.4 Subsurface Utility Engineering (SUE) The ENGINEER will, via a sub-consultant, expose certain utilities using SUE methods and collect survey data on their exposed location. This information will be used during civil engineering design. SUE qualities are described as follows: Neighborhood IB Improvements 4 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D8JID81428F<)4D9EAF70916 4.4.1 Level B Subsurface Utility Exploration 0 Quality Level B (QL-B) involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called "designating". The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded facilities, and lost references. o SUE QL-B fee is based on an average of six (6) underground utilities for approximately 25,500 linear feet each. If there are additional utility lines, or we need to obtain more than 25,500 linear feet for each utility, additional fee may be needed. Additional Level B SUE will be considered additional services. 4.4.2 Level A Subsurface Utility Exploration 0 Quality Level A (QL-A), also known as “locating”, is the highest level of accuracy presently available and involves the full use of subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities. QL-A provides the type, size, condition, material, and other characteristics of underground features. o SUE QL-A fee is based on obtaining up to ten (10) test holes within the limits of Attachment E. Test hole information will be provided in the construction drawings in a table format. Any additional test holes needed will be considered additional services. Deliverables: • Geotechnical Report Task 5 Roadway Design The ENGINEER will prepare construction plans, specifications, and estimates for fUll depth reconstruction of the street segments identified in Attachment E per CITY standards. All streets will be reconstructed to match existing section widths unless determined otherwise during design. Due to the size of the project, it is assumed that there will be up to three (3) separate submittal packages for each design phase (30%, 60%, 90%, and 100%). The ENGINEER will collaborate with the CM@R on project phasing to determine a submittal plan that adheres to the overall project schedule set in Task 1. Any additional plan submittals will be considered Additional Services. Task 5.1 5.1.1 Conceptual Design (30%) The ENGINEER will prepare a 22“x34” Conceptual (30%) Plan Set consisting of the following elements: o Cover sheet and index of sheets o Project control o Utility layout • Existing and proposed horizontal layout Neighborhood IB Improvements 5 of 16 June 14, 2023 DocuSign Envelope ID: CEA0136E-15D8-4D81-828F-04D9EAF70916 • Utility design will be performed under Task 7 Roadway typical sections • Existing and ProposedRemovals Roadway plan and profile drawings at 1”=20’ horizontal and 1”q’ vertical scale. Sidewalk and curb ramps • Sidewalk and curb ramp design will be performed under Task 6 Pavement markings and signage Existing stormwater horizontal layout Retaining wall layoutStandard construction details Conceptual summary of quantities Specification listing 0 0 0 0 0 0 0 0 0 0 5.1.2 5.1.3 5.1.4 The ENGINEER will provide review of the CM@R’s conceptual deliverable. The ENGINEER will conduct a Conceptual Design (30%) review meeting for each project area to review and respond to all comments received from the project team. The ENGINEER will attend one (1) meeting with the CM@R to obtain input for revisions to the construction sequencing, traffic control and detour plans for each project area. Task 5.2 5.2.1 Preliminary Design (60%) The ENGINEER will respond to, and address one (1) round of comments provided by the CITY and CM@R and prepare a 22“x34” Preliminary (60%) Plan Set consisting of the elements in Task 5.1 as well as the following elements: 0 0 0 0 0 0 General notes Traffic control and detour plans • The ENGINEER will develop the construction sequencing, traffic control and overall detour plans based upon guidance from the CM@R. Erosion control plansCustom construction details Preliminary summary of quantities Specifications and special provisions 5.2.2 5.2.3 The ENGINEER will provide review of the CM@R’s preliminary deliverable. The ENGINEER will conduct and document a Preliminary Design (60%) review meeting for each project area to review and respond to all comments received from the project team. 5.2.4 The ENGINEER will attend one (1) meeting with the CM@R to develop the construction sequencing, traffic control and detour plans for each project area. Task 5.3 5.3.1 Final Design (90%) The ENGINEER will respond to, and address one (1) round of comments provided by the CITY and CM@R and prepare a 22“x34” Final (90%) Plan Set consisting of the elements in Task 5.2 as well as the following elements: Neighborhood IB Improvements 6 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 o Retaining wall plan and profile drawings at 1”=20’ horizontal and 1”=4’ vertical scale. o Cross sections at fifty (50) foot increments o Final summary of quantities o Final specifications and special provisions 5.3.2 5.3.3 The ENGINEER will provide review of the CM@R’s final deliverable. The ENGINEER will conduct and document a Final Design (90%) review meeting for each project area to review and respond to all comments received from the project team. Task 5.4 5.4.1 Final Sealed (100%) Submittal The ENGINEER will respond to, and address one (1) round of comments provided by the CITY and CM@R and prepare a Final Sealed (100%) Plan Set consisting of the elements in Task 5.3 as well as the following elements: o Final summary of quantities o Final sealed specifications and special provisions 5.4.2 The ENGINEER will provide review of the CM@R’s Guaranteed Maximum Price (GMP). Assumptions: • it is assumed there will be up to three (3) project areas. Deliverables: • Digital 22“x34“ PDF Plan Set for Conceptual (30%), Preliminary (60%), Final (90%), and Final Sealed (100%) Roadway Design. o Up to three (3) 22“x34” hard copies may be submitted at the CITY’s request. • Meeting notes for Conceptual (30%), Preliminary (60%), and Final (90%) Roadway Design revIew meetIngs. • ENGINEER’s GMP review for Conceptual (30%), Preliminary (60%), Final (90%), and Final Sealed (100%) Roadway Design. Task 6 Pedestrian Improvements Task 6.1 Sidewalk Design The ENGINEER will provide design for the construction of new and reconstruction of existing pedestrian facilities to meet Americans with Disabilities Act (ADA) compliance as determined by the project team during Task 4. The following design elements will be included with Task 5 deliverables: • Sidewalk and curb ramp horizontal location • Curb ramp detail sheets • Pedestrian crossing design as determined with CITY and stakeholder coordination Neighborhood IB Improvements 7 of 16 June 14, 2023 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 Task 6.2 Accessibility Review The ENGINEER will utilize a subconsultant that is a Registered Accessibility Specialist (RAS) for the purposes of reviewing the proposed sidewalk improvement for conformance with the Texas Accessibility Standards (TAS). The ENGINEER will coordinate with the RAS for project registration with the Texas Department of Licensing and Regulation (TDLR), plan review, and project inspection on site, upon completion of construction. The ENGINEER will make one (1) round of revisions to the plans based on comments received from the RAS. Inspection, plan review, and registration fees for TDLR are included inthis fee Assumptions: • it is assumed there will be one (1) accessibility review for the entire project limits. Task 7 Utility Design The ENGINEER will prepare construction plans, specifications, and estimates for the relocation of the water and sanitary sewer line segments identified in Attachment E per CITY standards. Due to the size of the project, it is assumed that there will be up to three (3) separate submittal packages for each design phase (30%, 60%, 90%, and 100%). The ENGINEER will collaborate with the CM@R on project phasing to determine a submittal plan that adheres to the overall project schedule set in Task 5. Any additional plan submittals will be considered Additional Services. Task 7.1 7.1.1 Water Design The ENGINEER will prepare the following items for the construction plan set: 0 0 0 0 0 0 0 Horizontal layouts for water line relocations and necessary appurtenances. Vertical profiles for water line relocations and necessary appurtenances providing the required clearance from all known conflicts. Water line details, including connection details. Sequencing notes for shutdown and connection sequencing plans. Abandonment layouts as needed. Temporary and permanent easements as needed. Design tunnels/bores including casing/tunnel liner plate minimum thickness and inside diameter, shafts, allowable methods, control of ground water, and appropriate toleranceswith the chosen method. Task 7.2 7.2.1 Sanitary Sewer Design The ENGINEER will prepare the following items for the construction plan set: 0 0 0 0 0 0 0 Horizontal layouts for sanitary sewer line relocations and necessary appurtenances. Vertical profiles for sanitary sewer line relocations and necessary appurtenances providing the required clearance from all known conflicts. Sanitary sewer line details. Sequencing notes for shutdown and connection sequencing plans. Abandonment layouts as needed. Temporary and permanent easements as needed. Design tunnels/bores including casing/tunnel liner plate minimum thickness and Neighborhood IB Improvements 8 of 16 June 14, 2023 DocuSign Envelope ID: CEA0136E-15D8dLD81-828F<)4D9EAF70916 inside diameter, shafts, allowable methods, control of ground water, and appropriate tolerances with the chosen method. Task 7.3 7.4.1 Conceptual Design (30%) The ENGINEER will prepare a 22“x34” Conceptual (30%) Plan Set consisting of the following elements: 0 0 0 0 0 0 Cover sheet and index of sheets Waterline layout • Existing and proposed horizontal layout • Identify potential conflicts Sanitary sewer line layout • Existing and proposed horizontal layout• Identify potential conflictsStandard construction details Conceptual summary of quantities Specification listing 7.4.2 7.4.3 The ENGINEER will provide review of the CM@R’s conceptual deliverable. The ENGINEER will conduct a Conceptual Design (30%) review meeting for each project area to review and respond to all comments received from the project team. Task 7.4 7.5.1 Preliminary Design (60%) The ENGINEER will respond to, and address one (1) round of comments provided by the CITY and CM@R and prepare a Preliminary Design (60%) Plan Set consisting of theelements in Task 7.3 as well as the following elements: 0 0 0 0 0 0 0 0 0 0 0 Abandonment layout Waterline plan and profile drawings at j“dj0’ horizontal and 1”=4’ vertical scale Sanitary sewer line plan and profile drawings at 1”=40’ horizontal and 1”q’ verticalscale Plan view of the base map shall have all above ground features shown and clearly labeled along with existing utilities based on field ties and record information. Plan view shall include design notes for stationing, size, slope, pipe material, embed:ment, length, and construction method. Profile view shall include design notes for stationing, size, slope, flow-line of pipe, pipe material, embedment, length and construction method.Standard construction details Preliminary water line details, including connection details. Traffic control and detour plans The ENGINEER will develop the construction sequencing, traffic control and overall detour plans based upon guidance from the CM@R. • Preliminary summary of quantities Specifications and special provisions 7.5.2 7.5.3 The ENGINEER will provide review of the CM@R’s preliminary deliverable. The ENGINEER will conduct and document a Preliminary Design (60%) review meeting for each project area to review and respond to all comments received from Neighborhood IB Improvements 9 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D8-4D81-828F-04D9EAF70916 the project team. Task 7.5 7.6.1 Final Design (90%) The ENGINEER will respond to, and address one (1) round of comments provided by the CITY and CM@R and prepare a Final Design (90%) Plan Set consisting of the elements in Task 7.4 as well as the following elements: o Surface repair sheets and details as needed o Final summary of quantities o Final specifications and special provisions 7.6.2 7.6.3 The ENGINEER will provide review of the CM@R’s final deliverable. The ENGINEER will conduct and document a Final Design (90%) review meeting to review and respond to all comments received from the project team. Task 7.6 7.7.1 Final Sealed (100%) Submittal The ENGINEER will respond to, and address one (1) round of comments provided by the CITY and CM@R and prepare a Final Sealed Design (100%) Plan Set consisting of the elements in Task 7.5 as well as the following elements: o Final summary of quantities o Final specifications and special provisions 7.7.2 The ENGINEER will provide review of the CM@R’s GMP. Deliverables: • Digital 22“x34” PDF Plan Set for Conceptual (30%), Preliminary (60%), Final (90%), and Final Sealed (100%) Utility Design. o Up to three (3) 22“x34” hard copies may be submitted at the CITY’s request. • Meeting notes for Conceptual (30%), Preliminary (60%), and Final (90%) Utility Design review meetmgs. • ENGINEER’s GMP review for Conceptual (30%), Preliminary (60%), Final (90%), and Final Sealed (100%) Utility Design. Assumptions: • it is assumed there will be up to three (3) project areas. Task 8 Illumination Design Task 8.1 Kick-off Meeting The ENGINEER will conduct a kick-off meeting with the CITY and Denton Municipal Electric (DME) to determine design criteria and preferred light fixtures. Task 8.2 8.2.1 Photometric Analysis The ENGINEER will provide a photometric analysis for the street segments identified in Attachment E based on existing infrastructure. Existing fixture locations and specification to be provided by DME. Neighborhood IB Improvements 10 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D84D81428F<)4D9EAF70916 8,2.2 The ENGINEER will provide a photometric analysis for the street segments identified in Attachment E based on proposed infrastructure in accordance with CITY and DME requirements. Proposed fixture specifications to be provided by DME. The photometric analysis will consist of modeling fixtures to meet roadway illumination level requirements. 8.2.3 The ENGINEER will prepare a 22“x34” photometric exhibit for each street segment to be submitted with the Task 5 Conceptual Design (30%) submittal. Task 8.3 Illumination Design The ENGINEER will prepare construction plans, specifications, and estimates for illumination design of up to fifty percent (50%) of the segments identified in Attachment E per CITY standards. The segments to be designed will be determined by CITY staff. 8.3.1 The ENGINEER will gather available as-built information from the CITY including existing lighting infrastructure. As-built information received from the CITY will be visually verified in the field. 8.3.2 The ENGINEER will meet on-site with CITY street lighting staff to determine street light circuit configurations. The ENGINEER will also meet on-site with DME to determine service feed options for the proposed street lighting. 8.3.3 The ENGINEER will prepare the illumination plans in accordance with CITY guidelines. The following design elements will be included with Task 5 Preliminary (60%), Final (90%), and Final Sealed (100%) deliverables: 0 0 0 0 0 Existing Conditions and Removals Proposed Illumination Layout Wiring Charts Summary SheetsElectrical Service Panel Schedules Deliverables: • Digital 22“x34“ PDF Exhibits for Photometric Analysis with Conceptual (30%) deliverables. • Digital 22“x34“ PDF Plans for Illumination Design with Preliminary (60%), Final (90%), and Final Sealed (100%) deliverables. Assumptions: • Illumination design will be completed for up to fifty percent (50%) of project segments. Task 9 Construction Phase Services Task 9.1 Pre-Construction Conference The ENGINEER will attend a pre-construction conference prior to commencement of work at the site foreach project area. Neighborhood IB Improvements 11 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 Task 9.2 Regular Construction Meetings The ENGINEER will attend monthly construction meetings with the project team. Task 9.3 Site Visits 9.3.1 9.3.2 The ENGINEER will conduct one (1) site visit for the entire project limits each month during construction and perform construction observation. The ENGINEER shall not, during such visits or as a result of such observations of the CM@R’s work in progress, supervise, direct, or have control of the CM@R’s work, nor shall the ENGINEER have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by the CM@R, for safety precautions and programs incident to the CM@R’s work, nor for any failure of the CM@R to comply with laws and regulations applicable to the CM@R’s furnishing and performing the work. Accordingly, the ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for any of the CM@R’s failure to furnish and perform its work in accordance with the ContractDocuments. Task 9.4 Recommendations with Respect to Defective Work Provide recommendations to the CITY that CM@R’s work be disapproved and rejected while it is in progress if, on the basis of site visit evaluations, the ENGINEER believes such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Notwithstanding the foregoing, the CITY reserves the right to disapprove or reject the CM@R’s work without a recommendation from the ENGINEER. Task 9.5 Clarifications and Interpretations Issue necessary clarifications and interpretations of the Contract Documents to the CITY as appropriate to the orderly completion of the CM@R’s work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field orders authorizing variations from the requirements of the Contract Documents will be made by the CITY. Task 9.6 Change Orders 9.6.1 Recommend change orders to the CITY, as appropriate. 9.6.2 Review and make recommendations related to Change Orders submitted or proposed by the CM@R. Task 9.7 Shop Drawings and Samples Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which the CM@R is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a fbnctioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Assumes up to one hundred (100) shop drawings. Neighborhood IB Improvements 12 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D8dtD81-828F<)4D9EAF70916 Task 9.8 Substitutes and “or-equal” Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by the CM@R in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. Task 9.9 Inspections and Tests Review certificates of inspections and tests within the ENGINEER’s area of responsibility for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. The ENGINER will be entitled to rely on the results of such tests and facts being certified. The scope of services assumes the pumps and motors will go through a non-witnessed factory test. Attending testing will be considered additional services. Task 9.10 Disagreements between City and Contractor As necessary, the ENGINEER will, with reasonable promptness, render initial written decision on all claims of the CITY and CM@R relating to the acceptability of the CM@R’s work or the interpretation of the requirements of the Contract Documents pertaining to the progress of the CM@R’s work. In rendering such decisions, the ENGINEER will be fair and not show partiality to the CITY or CM@R and will not be liable in connection with any decision rendered in good faith in such capacity. The initial decision of the ENGINEER shall be required as a condition precedent to mediation or litigation of any claim arising prior to the date final payment is due to the CM@R, unless thirty (30) days have passed after a claim has been referred to the ENGINEER with no decision having been rendered. Task 9.11 Final Walkthrough and Punchlist Preparation 9.11.1 Attend final walkthrough with the CM@R and CITY to determine if the completed work of the CM@R is generally in accordance with the Contract Documents. a. Limitation of Responsibilities: The ENGINEER will not be responsible for the acts or omissions of any contractor, suppliers, or of any other individual entity performing or furnishing the work. The ENGINEER will not have the authority or responsibility to stop the work of any contractor, 9.11.2 Compile punch list from information gathered during final walkthrough with the CITY and CM@R. Assumptions: • it is assumed the construction phase will be for twenty-four (24) months. Additional Construction Phase Services will be considered Additional Services. Task 10 Record Drawings Task 10.1 Record Drawings 10.1.1 Obtain and review comments and field changes on the construction plans from the CITY and CM@R. Neighborhood IB Improvements 13 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D8J}D81-828F-04D9EAF70916 10.1.2 Prepare record drawings based on comments and field changes. The ENGINEER will not be providing resident engineering services and will not be observing on a full-time basis and will therefore not seal the record drawings. The record drawings will be provided as digital22“x34“ PDF Task 11 Property Acquisition Services Task 11.1 Right-of-Way and Temporary Construction Easement Documentation 11.2.1 The ENGINEER will prepare a metes and bounds description and sketch showing the location and dimensions for proposed easements. Easement language will either be the unaltered standard language provided by the local jurisdiction, or as agreed to by the Grantor and Grantee and provided complete to the ENGINEER. The CITY will file the documents. The ENGINEER will prepare up to ten (10) temporary construction easement or right-of- way documents. Task 11.2 Property Acquisition Services 11.3.1 ENGINEER will perform the following services for Easement Acquisition Services: 1.ENGINEER’s Real Estate Agent shall provide appraisals for proposed easements on up to ten (10) parcels for the proposed lines. Appraisals will be approved by the City prior to beginning negotiations with property owners. The appraisals will be prepared by State Certified Appraisers in accordance with the Uniform Standards of Professional Appraisal Practice Act (USPAP). The appraisals will be suitable for use in condemnation proceedings, if necessary. 2.Provide property negotiation services for up to ten (10) parcels for the proposed line asfollows: a.The offer to purchase the properties will be based on the appraisals as indicated above. The City will establish the value to be used in negotiation and the range of negotiating authority to be given to the right-of-way agent. ENGINEER’s Real Estate Agent will provide the services of qualified right-of-way agents to secure the required easements for the project. The right-of-way agents will provide each property owner a copy of The Texas Landowner Bill of Rights, but will NOT be required to provide negotiation services under the Uniform Relocation and Acquisition Act (Uniform Act). b.ENGINEER’s Real Estate Agent will negotiate on behalf of the City and utilize conveyance documents and other necessary forms as prescribed by the City, ENGINEER’s Real Estate Agent will provide a good faith effort to acquire the rights-of-way through a negotiation process, which will generally consist of three (3) contacts with the property owner, or his authorized representative. A maximum of five (5) total contacts will be provided to reach an agreement with the property owner, or to determine that further negotiations will be non-productive and that eminent domain actions will be necessary to acquire the property. If absentee owners are involved, the negotiations may be conducted via telephone, fax, or by mail. If the schedule for acquisition of the easement or other factors arise, which make it expedient, travel outside the project area to meet with the absentee owners may be Neighborhood IB Improvements 14 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D8-4D81-828F-04D9EAF70916 desirable. If such events arise, the travel must be specifically authorized by the City. If such travel is authorized, the expenses involved, including the agent’s services, will be considered additional services. C.The initial offer made to the property owner will be based on the value authorized by the City. All counter-offers by the property owner, along with ENGINEER’s Real Estate Agent recommendations will be presented to the City for consideration. The City must establish and recommend such counter offers before ENGINEER’s Real Estate Agent will be authorized to agree to the requested changes. All monetary offers made to the property owners will be within the limits authorized by the City in the various stages of the negotiation. d. After reaching an agreement with the landowner on the consideration and all other terms of the transaction, ENGINEER’s Real Estate Agent will forward to the City a Memorandum of Agreement (M/A) executed by the property owner to be ratified by the City. This M/A sets forth the compensation and any other terms and conditions agreed upon. The City will be responsible for obtaining the City’s ratification and for returning the ratified M/A to ENGINEER’s Real Estate Agent. ENGINEER’s Real Estate Agent will then inform the Title Company that the parcel is ready for closing. ENGINEER’s Real Estate Agent will coordinate contacts with the CITY to deliver any payments to the Title Company prior to closing. 3. 4.This Scope of Services assumes that costs for Title Commitments, Title Policies and recording fees will be purchased by the City through the assistance of the Real Estate Agent. The amount paid for the Title Policies will not exceed premium amounts set by the Texas Department of Insurance and agreed upon in advance between the City and the Title Company. Any additional Title Company services such as recording fees shallbe agreed upon in advance between the City and the Title Company. ENGINEER’s Real Estate Agent will review liens or other exceptions reported in the Title Commitment. ENGINEER will coordinate the location and the effect of any utility easements. ENGINEER will report the results of the Title Commitment to the City, recommending the disposition of the exceptions. The decision whether the reported exceptions are acceptable or must be eliminated will be the responsibility of the City. Any action required to clear title is not included in the Scope of Work for this project, and if required, will be considered Additional Services. 5. 6. 7. ENGINEER’s Real Estate Agent will coordinate and attend all closings at the Title Company. ENGINEER’s Real Estate Agent will confirm that the Title Company records all documents at the Denton County Courthouse after closing. ENGINEER’s Real Estate Agent will confirm that the Title Company forwards copies of all recorded documents to the City. Neighborhood IB Improvements 15 of 16 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 ADDITIONAL SERVICES The following additional services are not anticipated as part of this Scope of Services agreement, however, can be provided if deemed necessary during the Project development process. The ENGINEER will not provide the additional services listed below without the written consent and approval of the CITY. • Redesign to reflect project scope changes requested by the CITY, CM@R, or TxDOT, required to address changed conditions or change in direction previously approved by the CITY, mandated by changing governmental laws, or necessitated by the CITY’s acceptance of substitutions proposed by the contractor. Additional meetings. Additional construction site visits. Additional construction shop drawing and sample review and comment. Additional traffic control plan details. Preparing additional right-of-way or easement documentation. Construction management and inspection services. Performance of materials or specialty testing services. Services necessary due to default of the CM@R. Design of franchise utility nlocations. Traffic signal design. Illumination design beyond what is listed in the above scope of services. Design of CITY utility relocations beyond what is listed in the scope of services. Architectural or 3D renderings. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement, and inspection after final completion. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • • • • • • • • • • • • • • • • • •Any services not listed above. Neighborhood IB Improvements 16 of 16 June 14, 2023 DocuSign Envelope ID: CEA0136E-15D8=ID81-828F<)4D9EAF70916 ATTACHMENT '’B" NEIGHBORHOOD IB IMPROVEMENTS Compensation Total compensation for the ENGINEER completed under the terms of this agreement shall be atotal not-to-exceed $3,076,300 for all services including reimbursable expenses. The CITY shall compensate the ENGINEER as follows: BASIC SERVICES Lump Sum The ENGINEER will perform the services in Tasks 4-8.2 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the CITY. •Task 4 – Data Collection o Task 4.1 – Data Collection and Analysis o Task 4.2 – Topographic Surveyo Task 4.2 – Utility Service Survey o Task 4.3 – Geotechnical Analysis $ $ $ $ $ $ 133.100 108,500 5,500 182,600 1 ,080,700 28,900 • • • Task 5 – Roadway Design Task 6 – Pedestrian Improvements Task 7 – Utility Design o Task 7.1 – Water Design o Task 7.2 – Sanitary Sewer Task 8.2 – Illumination Study $ 163,700 68.000 2,074,900 $ S $ 303,900 Lump Sum Total Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Individual task amounts are provided for budgeting purposes only. The ENGINEERreserves the right to reallocate amounts among tasks as necessary. Hourly Not to Exceed The ENGINEER will perform the services in Tasks 1-3, 4.4, 6.2, and 8.3-12 on a labor fee plus expense basis with the maximum labor fee shown below. • • • • Task 1 – Project Management Task 2 – Coordination MeetingsTask 3 – Public Involvement Task 4 – Data Collection o Task 4.4.1 – SUE Level B o Task 4.4.2 – SUE Level A Task 6.2 – RAS Specialist Task 8.3 – Illumination Design Task 9 – Construction Phase Services S $ S $ $ $ $ $ 115,900 41 ,000 16,300 226.900 13, 100 3,300 193 ,400 297,600 • • • Neighborhood IB Improvements 1 of 3 June 14, 2023 DocuSign Envelope ID: CEA0136E-15D8-4D81-828F{)4D9EAF70916 • • • Task 10 – Record DrawingsTask 1 1.1 – ROW and TCE Documentation Task 1 1.2 – Property Acquisition Services Task 12 – Reimbursable Expenses Hourly Not to Exceed Sum Total $ $ $ $ $ 11 ,400 27,500 49,500 5.500 1 ,001 ,400 The ENGINEER will not exceed the total maximum labor fee shown without authorization from the CITY. Individual task amounts are provided for budgeting purposes only. The ENGINEER reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the CITY. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. EXTRA SERVICES Any services not specifically provided for in the above scope and authorized by the CITY, will be billed as additional services, and performed at our then current hourly rates. Neighborhood IB Improvements 2 of 3 June 14. 2023 DocuSign Envelope ID: CEA0136E-15D84D81-828F<)4D9EAF70916 STANDARD RATE SCHEDULE The ENGINEER’s hourly rate schedule is as shown below: Analyst Professional Senior Professional I Senior Professional II Senior Technical Support Support Staff Technical Support $160 - $245 $230 - 5295 $255 - $350 $335 - $370 $155 - $280 $110 - $145 $125 - $150 These rates are effective through December 3 1, 2023, after which they are subject to periodic adjustment. Neighborhood IB Improvements 3 of 3 June 14, 2023 DocuSign Envelope ID: CEA0136E-15D84D81-828F-04D9EAF70916 ATTACHMENT “C” PROJECT SCHEDULE Design Services for NEIGHBORHOOD IB IMPROVEMENTS The ENGINEER will coordinate with the CITY and CM@R to develop an acceptable schedule during the project kick-off meeting. City of Denton, TexasPage 1 of 1 DocuSign Envelope ID: CEA0136E-15D84D81-828F{)4D9EAF70916 ATTACHMENT “D” PROJECT LOCATION Legend S8wer City of Denton, TexasPage 1 of 1 DocuSign Envelope ID: CEA0136E-15D8-+D81-828F-04D9EAF70916- ' Attachment CIQ CONFLICT OF INTEREST QUESTIONNAIREFor vendor or other person doing business with local governmental entit' This questionnaire reflects changes made to the law egular 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 definedby Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code, Ordinance 18-757 By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate 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.misdemeanor. a Itity. An offense under this section is a Klm1 ey-Horn and Associates , Inc . 2 n 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 dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. n/a Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relations hip with the local government 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 176.00 1(1-a), Local Government Code Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?H ,”D ,.. 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 inthis section AND the taxable income is not received from the local governmental entity?n ,”n ,„, C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more?n *”n .,. D.Describe each employment or business and family relationship with the local govemment officer named in this section. 4 5 Ld I have no Conflict of Interest to disclose. 6/23/2023 SignaturiT with the governmental entity Date DocuSign Envelope ID: CEA0136E-15D84D81-828F<)4D9EAF70916 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter l76ofthe Local Government Code may be found at http://www.statutes.legis.state.u.us/ Docs/LG/htm/LG 176.htm. For easyreference, below are some of the sections cited on this form Local Government Code $ 176.001{1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on(A) a transaction that is subject to rate or fee regulation by afedcral, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) apurchase or leaseofgoods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $ 176.003(a){2){A) and (B): (A) A local govemment officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vena)c (B) has given to the localgovemment officer or a family member ofthe officer one or more gifts that have an aggregatevalueofmore than $ 100 in the 12-month pedodpreceding the date the officer becomes aware that:(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code $ 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: ( 1) has an employment or other business relationship with a local government officer of that local governmental entity,orafarnily memberofthe officer, describedby Section 176.003(a)(2)(A); (2) has given a local government officer of that local govemmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or(B) submits to the local govemmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local govemmental entity; or(2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or(C) of a family relationship with a local government omcer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3d degree of affinity (marriage) or consanguinity (blood or adoption) City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public rightof-way or other real property interests for public use. Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gift cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. orm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015 [Xx:uSign Certificate Of Completion Envelope Id: CEA0136E15D84D81828F04D9EAF70916 Subject: Please DocuSign: City Council Contract 7599-012 CMAR NBI B Design PSA Status: Completed Source Envelope: Document Pages: 42 Certificate Pages: 6 AutoNav: Enabled Signatures: 6 Initials: 1 Envelope Originator: Cori Power 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.10 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 6/20/2023 6:26:37 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Cori Power cori .power@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 6/20/2023 6:30:05 PM Viewed : 6/20/2023 6:30:14 PM Signed: 6/20/2023 6:30:42 PM Completed Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 6/20/2023 6:30:44 PM Viewed: 6/21/2023 8:01 :07 AM Signed: 6/21/2023 8:02:50 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) 'DocuS®d bF IMArtLLhMA. .4B070831B4AA438. Sent: 6/21/2023 8:02:52 AM Viewed: 6/23/2023 9:13:07 AM Signed: 6/23/2023 9:19:44 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Scott Arnold Scott.arnold@kimley-horn.com Vice President Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication(None) 'DocuSlgn•d bIC [ Z„#fAt'DIB5A80061EE4Eg Sent: 6/23/2023 9:19:46 AM Viewed: 6/23/2023 10:05:57 AM Signed: 6/23/2023 12:11 :45 PM Signature Adoption: Uploaded Signature Image Using IP Address: 130.41.174.195 Electronic Record and Signature Disclosure:Accepted: 3/27/2020 10:55:11 AMID: alf38400-e5cc2}b57-.85484dd7e031355d Signer Events Trevor Crain Trevor.Crain@cityofdenton.com Director of Capital Projects City of Denton Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 6/23/2023 12:11 :48 PM Viewed: 6/23/2023 12:50:07 PM Signed: 6/23/2023 12:50:44 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 6/23/2023 12:50:07 PMID: adc31d03426a4cb0428e-ec1716e6cd8e Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 6/23/2023 12:50:50 PM Viewed: 7/1 9/2023 7:54:43 AM Signed: 7/1 9/2023 7:55:31 AMUsing IP Address: 198.49.140.104 Cassandra Ogden cassandra.ogden@cityofdenton.com Chief Financial Officer City of Denton Security Level: Email, Account Authentication(None) DocuSlgrnd brI t„„A,~ FM,E7FF20C194EA4F9. Sent: 7/19/2023 7:55:35 AM Resent: 7/1 9/2023 9:04:09 AM Viewed: 7/19/2023 9:04:52 AM Signed: 7/1 9/2023 9:05:48 AMSignature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 7/19/2023 9:05:51 AM Viewed: 7/1 9/2023 1 1 :30:17 AM Signed: 7/1 9/2023 11 :31 :42 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 7/19/2023 11 :30:17 AMID: 62bccc59-2f6d47e5-b716-f62f9e44626c In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Timestamp Sent: 6/20/2023 6:30:44 PM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 6/23/2023 12:50:47 PM Viewed: 6/26/2023 1 :04:08 PM Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) ElectronIc Record and Signature Disclosure:Not Offered via DocuSign Sent: 6/23/2023 12:50:48 PM Viewed: 6/23/2023 1 :08:41 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 7/1 9/2023 1 1 :31 :44 AM Viewed: 7/19/2023 1 1 :34:38 AM Scott Fettig Scott.Fettig@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Accepted: 7/1 7/2023 9:51 :50 AMID: 9a588f81-7fae-4ea8-8k>44-c1 lb4ffec860 Sent: 7/1 9/2023 11 :31 :45 AM Seth Garcia Seth.Garcia@cityofdenton.com Program Manager Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 7/19/2023 9:43:22 AMID: 90545eed-cdf42lb89-97be<i052alc02edc Sent: 7/19/2023 11 :31 :47 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Status Timestamps 6/20/2023 6:30:05 PM 7/1 9/2023 9:04:08 AM 7/1 9/2023 9:04:08 AM 7/1 9/2023 11 :30:17 AM 7/1 9/2023 11 :31 :42 AM 7/1 9/2023 11 :31 :47 AM Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Scott Arnold, Trevor Crain, Jesus Salazar, Scott Fettig, Seth Garcia ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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