24-738ORDINANCE NO. 24-738
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC., AMENDiNG THE CONTRACT APPROVED BY CITY
COUNCIL ON DECEMBER 12, 2017, IN THE NOT-TO-EXCEED AMOUNT OF $ 1,200,000.00,
SAID FRST AMENDMENT TO PROVIDE FULL DEPTH RECONSTRUCTION AND UTEITY
IMPROVEMENTS WITHIN THE PROJECT LIMITS FOR THE CAPITAL PROJECTS
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 6625 – PROV[DING FOR AN ADDITIONAL FIRST
AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 1,630,500.00, FOR A TOTAL
CONTRACT AMOUNT NOT-TO-EXCEED $2,830,500.00).
WHEREAS, on December 12, 2017, City Council awarded a contract to Freese and Nichols,
Inc. in the amount of $1,200,000.00, for engineering design services relating to the design, bid
phase, and construction services for the PEC-4 Phases 3 and 4 Drainage Improvements project which
includes approximately 2,700 linear feet of reinforced concrete box, 2,300 linear feet of waterline
relocation and lowering, 1,700 linear feet of sanitary sewer line relocation and adjustment, and
pavement repair from West Prairie Street to the beginning of the open channel near the intersection
of West Mulberry Street and Bernard Street; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
Provider’s profession, and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the amount of
One Million Six Hundred Thirty Thousand Five Hundred and 0/100 $1,630,500.00) Dollars, is
hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said
amendment which shall be effective upon the execution of the amendment attached hereto. The total
contract amount increases to $2,830,500.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance
seconded by (1 h , i , b ,+1 r
following vote n - A :
made bY 131 1,~ R,' , k, and
' This ordinance was passed and approved by the
Aye 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:
a
a
J
£
-Z-
\/
J
P J!!!II11 S S E 1:) JrE14bL 1[\1 1E) Jr!IIIL PR) V ED this the / Gr A day of IE , 2024
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY:deM JaM
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users
BY: and Groups, ou=GeneralIbahIM\\l :==r’a
email=Marcella.Lunn@cityofdent
:: IceT:024.03.2 1 14:50:26 -05'oo'
DocuSign Envelope ID: 413C3DFE-F5B34FE9-A5A3-3D81F809AAFC
DENTON
Docusign City Council Transmittal Coversheet
6625
File Name PEC 4 Drainage Improvements 3 &4 Forma1 Amendment 1
Purchasing Contact Erica Garcia
City Council Target Date APRIL 16’ 2024
p1 i cab1 ePiggy Back Option
Contract Expiration
Ordinance
raP\
Not AP
N/A
24-738
DocuSign Envelope ID: 413C3DFE-F5B:HFE9-A5A3-3D81F809AAFC
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
PSA 6625
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS FIRST AMENDMENT TO CONTRACT 6625 (“Amendment”) by and
between the City of Denton, Texas (“City“) and Freese and Nichols, Inc. (“Engineer”); to
that certain contract executed on December 12, 2017, in the original not-to-exceed amount
of $1,200,000 (the “Agreement“); for services related to the design of the PEC 4 Drainage
Phases 3&4.
WHEREAS, the City deems it necessary to further expand the services provided by
Engineer to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $1,630,500 with this Amendment for an aggregate not-to-exceed
amount of $2,830,500; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the
“Parties“), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1.The additional services described in Exhibit “A“ of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the design of the PEC 4 Drainage Phases 3&4, are hereby authorized to be
performed by Engineer. For and in consideration of the additional services to be
performed by Engineer, the City agrees to pay, based on the cost estimate detail
attached as Exhibit “B“ to this Amendment, attached hereto and incorporated herein
for all purposes, a total fee, including reimbursement for non-labor expenses an
amount not to exceed $1,630,500.
2. This Amendment modifies the Agreement amount to provide an additional
$ 1,630,500 for the additional services with a revised aggregate not to exceed total
of $2,830,500.
6625 PSA – Amendment #1 Page 1 of 2
DocuSign Envelope ID: 413C3DFE-F5B3'+FE9-A5A3-3D81F809AAFC
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Engineer, have each executed this
Amendment electronically, &/}%9}Mugh their respective duly authorized representativesand officers on this date ~'-' -- '
“City”
“Engineer“
CITY OF DENTON, TEXAS
A Texas Municipal Corporation FREESE AND NICHOLS, INC.
DocuSlgned by:
By:1 hu }/n&~:b}X}SARA HENSLEY. CITY MANAGER
vice-President
AUTHORIZED SIGNOR, TITLE
ATTEST:
LAUREN THODEN, CITY SECRETARY
By:i=:M=,Ph
DocuSigned by:B
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DocuSigned by:THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
By:AMrWLL&(AMh
revor Cra1 n
PRINTED NAME
PM P
SIGNATURE
D1 rector of Capita1 Projects
TITLE
Englneer1 ng serv1 ces
DEPARTMENT
6625 PSA – Amendment #1 Page 2 of 2
DocuSign Envelope ID: 413C3DFE-F5B3dIFE9-A5A3-3D81F809AAFC :XHIBIT A
FREESE
?NICHOLS
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT #1
City of Denton
901-A Texas Street
Denton, Texas 76209
FNI PROJECr NO.: DTN18102
CLIENT CONTRACr REFERENCE: PO 184278
DATE: 02/21/2024
Project Name:PEC-4 Drainage Improvements Phase 3 & 4
Description of Services: Addition of services to complete the design, bid, and construction of the project including
special services anticipated to be necessary. The scope of services is described in the attached Exhibit A and replaces all
prevIOUS scope.
Amended Deliverables: As described in the attached Exhibit A.
Amended Schedule: FNI is authorized to commence work on the project upon execution of this amendment and agrees
to complete the design services within nine (9) months. If FNl’s services are delayed through no fault of FNI, FNI shall be
entitled to adjust contract schedule consistent with the number of days of delay.
Compensation shall be amended as follows: A not to exceed amount of One Million Six Hundred Thirty Thousand Five
Hundred Dollars. A breakdown of this fee by Task is provided in the attached Exhibit B. A current rate schedule is
provided as Attachment CO.
Current Contract Amount:$1,200,000.00
Amount of this Amendment:$1,630,500.00
Revised Total Amount Authorized:$2,830,500.00
The above described services shall proceed upon execution of this amendment. All other provisions, terms and
conditions of the Professional Services Agreement which are not expressly amended shall remain in full force and
effect
FREESE AND NICHOLS, INC.CITY OF DENTON, TEXAS
DoeuSign•d by:
Son Ht+419BY: L 5mBnnHBnndla
Sara Hens1 ey
BY:
Scott Hubley
Print Name Print Name
TITLE. Vice-President TITLE: Clty Manager
DATE: 04/16/2024DATE. 2/22/24
L:\Client\OLCR\D\Denton\DTN18102\Amd #3\DTN18102 Amend #3.docx Rev. 4/19
DocuSign Envelope ID: 413C3DFE-F5B34FE9-A5A3-3D81F809AAFC
EXHIBIT A
Scope of Services for PEC-4 - Phase 3 and 4 Drainaqe Improvements
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project after the project was placed on hold. Both the CITY and ENGINEER
have attempted to clearly define the work to be performed and address the needs of the
Project. Under this scope, “ENGINEER” is expanded to include any sub-consultant,
including surveyor, employed or contracted by the ENGINEER. For clarity in understanding
the scope after resuming the project, this scope of work replaces all previous scope of work
remaining to be completed.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Final Design
Task 3. Bid Phase Services
Task 4. Construction Phase Services
Task 5. FEMA Coordination Services
Task 6. Survey and SUE
Task 7. ROW Services
Task 8. Public Involvement
Task 9. Contingency
TASK 1. DESIGN MANAGEMENT
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER’s and CITY’s time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY’s Project Manager and others as necessary to make progress
on the work.
1.1.
•
•
•
•
Managing the Team
Lead, manage and direct design team activities
Ensure quality control is practiced in performance of the work
Communicate internally among team members
Task and allocate team resources
1.2. Communications and Reporting
• Attend and document a design review meeting for the 90% plans dated February
2020
• Attend and document a design review meeting after submittal of 95% plans.
• Attend and document up to six (6) in-person and up to six (6) virtual coordination
meetings to discuss the design with the City or other stakeholders such as franchise
utility owners or property owners affected by the project.
Page 1 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B3zIFE9-A5A3-3D81F809AAFC
• Prepare and submit monthly progress reports.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
monthly.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly progress reports
C. Baseline design schedule
TASK 2. FINAL DESIGN
ENGINEER will develop the final design of the infrastructure as follows.
2.1 .
2.2.
Perform a site visit to review for changed conditions and to observe the existing
conditions of the additional design service areas discussed below.
Compile necessary design changes based on a review of the current plan set, a
review of the current City standards, a review of changed field conditions and the
comments received in the design review meeting.
2.3.Progress previous design to final design based on the items identified. It is expected
some minor changes in the design concept may be necessary, but significant
changes to the concept and/or drainage calculations are not included in this scope.
The following contemplated changes are specifically included in this scope:
• Minor revisions related to changes in City specifications and standard details
since the previous design was completed.
•
•
•
•
Realigning the drainage pipe between the Denton County property and old
DATCU site including revisions to special junction structures in this vicinity.
Modifying the water line alignment along the new bank site at Mulberry Street
and Carroll Boulevard due to conflicts with site improvements.
Changes to accommodate water line improvements currently in progress
along Bernard Street.
Consolidating individual apartment meters into vaults at several locations
along Mulberry Street. Vaults will be shown using a typical detail and will not
be individually detailed.
• Minor revisions to address concerns identified by key property owners
affected by the project.
• Updating ROW/Easement Plan
2.4.Add additional design services along Stroud Street:
Page 2 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B34FE9-A5A3-3D81F809AAFC
• Extension of storm drain along Stroud Street for approximately 300 feet to the
intersection with Pierce Street. Adjustment of water line by typical detail as
needed. Pavement repaired either full width or trench width.
2.5.Add additional design services along Sycamore Street:
• Replace 8“ water line and appurtenances for the block from Carroll Boulevard toElm Street.
• Replace 8“ sewer including services and appurtenances from Elm Street to the
eastern edge of the old DATCU drive through bank (a distance of approximately
500 feet) as shown in the previous design concept from the City.
• Full reconstruction of the street from Carroll Boulevard to Elm Street. Cross
sections will be provided at every driveway or every 50 feet minimum. Temporary
construction easements will be identified where needed to reconstruct driveways
to City standards.
2.6 Add additional design services along Mulberry Street:
•
•
•
Replace 6’' sewer with 8“ sewer including services and appurtenances for
approximately 300 feet as shown in previous design concept from City.
Replace 6” water line with 8“ water line including services and appurtenances for
approximately 500 feet as shown in previous design concept from City.
Full width pavement repair for approximately 500 feet as shown in the previous
design concept from City. Center line striping will be shown.
2.7 Utility Clearance
•The ENGINEER will consult with the CITY, public utilities, private utilities, and
government agencies to determine the approximate location of above and
underground utilities, and other facilities (current and future) that have an impact
or influence on the project. ENGINEER will design CITY facilities to avoid or
minimize conflicts with existing utilities, and where known and possible consider
potential future utilities in designs.
•Meetings with utility owners are included in the scope of Task 1 . Additional
services may be required if coordination exceeds the number of meetings
identified .
• ENGINEER will review proposed relocation plans provided by the conflicting
utilities. ENGINEER will tabulate the conflicts and track the resolution status.
•CITY Program Administrator will coordinate with franchise utilities to clear them.
2.8.Finalize 95% Design Package
•
•
The ENGINEER shall submit a final design estimate of probable construction
cost with the final design plans submitted.
The ENGINEER will prepare technical specifications and bid documents utilizing
standards provided by the CITY.
Page 3 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B3JIFE9-A5A3-3D81F809AAFC
2.9.Following a 95% design review meeting with the CITY, the ENGINEER shall submit
Final Plans (100%) to the CITY. Each plan sheet shall be stamped, dated, and
signed by the ENGINEER registered in State of Texas.
2.10.ENGINEER will register the project with the Texas Department of Licensing and
Regulation (TDLR) and retain the services of a Registered Accessibility Specialist
(RAS) to review the design plans.
ASSUMPTIONS
• 95% design package will consist of six (6) copies of half size (11“x17”) plans, two (2)
copies of the specifications and estimate of probable construction cost.
• Final design package will be delivered as PDF only.
DELIVERABLES
A. 95% construction plans and specifications.
B. 100% construction plans and specifications.
C. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY’s standard format.
TASK 3. BID PHASE SERVICES
ENGINEER will support the bid phase of the project as follows.
•
•
•
•
•
Submit electronic copies of plans, specifications, and bidding documents to the
City’s purchasing department.
Assist City by responding to questions and interpreting bid documents.
Assist the City in conducting up to one (1) pre-bid conferences for the project and
coordinate responses to questions asked .
Issue addenda to address questions identified during bidding.
Attend the bid opening and assist City in analyzing the bids received. Review the
qualifications provided by the apparent low bidder to determine if, based on
information available, they appear to be qualified to construct the project.
Recommend award of contracts or other actions as appropriate to be taken by
the City
ASSUMPTIONS
•
•
•
•
The project will be bid only once and awarded to one contractor.
Up to four (4) addenda will be issued
CITY will tabulate bids
CITY will coordinate finalizing and executing contracts with successful bidder
Page 4 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B3-4FE9-A5A3-3D81F809AAFC
DELIVERABLES
A. Letter of Recommendation
TASK 4. CONSTRUCTION PHASE SERVICES
ENGINEER will support the construction phase of the project as follows. In performing these
services, it is understood that FNI does not guarantee the contractor's performance, nor is
FNI responsible for the supervision of the contractor's operation and employees. FNI shall
not be responsible for the means, methods, techniques, sequences or procedures of
construction selected by the contractor, or any safety precautions and programs relating in
any way to the condition of the premises, the work of the contractor or any subcontractor.
FNI shall not be responsible for the acts or omissions of any person (except its own
employees or agents) at the project site or otherwise performing any of the work of the
project
4.1 . Construction Support shall include:
•
•
•
Attend the preconstruction conference.
Visit the project site as construction proceeds to observe and report on progress.
Review shop drawings, samples and other submittals submitted by the contractor
for general conformance with the design concepts and general compliance with
the requirements of the contract for construction. Such review shall not relieve the
Contractor from its responsibility for performance in accordance with the contract
for construction, nor is such review a guarantee that the work covered by the shop
drawings, samples and submittals is free of errors, inconsistencies or omissions.
The ENGINEER shall log and track all shop drawings, samples and other
submittals.
•As requested by the CITY, provide necessary interpretations and clarifications of
contract documents, review change orders, and make recommendations as to the
acceptability of the work.
•Attend the “Final” project walk through and assist with preparation of final punch list.
• Coordinate one (1) inspection with the City inspector and Registered Accessibility
Specialist (RAS) inspector no later than thirty (30) calendar days after construction
substantial completion.
4.2 Record Drawings
•Prepare record drawings from information provided by the CITY depicting any
changes made to the Final Drawings during construction. The following
information shall be provided by the CITY:
0
0
0
0
As-Built Survey
Red-Une Markups from the Contractor
Red-Line Markups from City Inspector
Copies of Approved Change Orders
Page 5 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B3zLFE9-A5A3-3D81F809AAFC
o Approved Substitutions
•Modify the Final Drawings electronically and shall place a stamp on the plans
indicating that they represent Record Drawings of the project as constructed. The
stamp shall be signed and dated by the ENGINEER and shall be placed on each
plan sheet, whether there are any revisions on the sheet or not. Each sheet shall
clearly indicate all changes which apply to that sheet by clouding and numbering,or other suitable means.
ASSUMPTIONS
•
•
•
•
20 monthly construction site visits are assumed.
50 submittal reviews are assumed.
40 RFls are assumed.
4 Change Orders are assumed including minor design revisions if required.
DELIVERABLES
A. Response to Contractor’s Request for Information
B. Review of Change Orders
C. Review ofsubmittals
D. Final Punch List items
E. Record Drawings
TASK 5. FEMA COORDINATION SERVICES
ENGINEER will prepare a LOMR application as outlined below following the completion of
construction .
5.1 .Modeling
• The ENGINEER shall utilize the XP-STORM model previously developed for this
project and utilized for the Phase 1 & 2 LOMR.
• The modeling will be updated as appropriate to reflect the as-built conditions of
the project.
5.2.LOMR Application
•A LOMR report will be created documenting the methodology of the modeling
and the proposed revision. The report will include a hydraulic workmap,
hydrologic workmap and parameters, annotated FIRM, and FIS tables and profilerevisions .
The MT-2 application and associated forms will be prepared.
Property owner notifications will be prepared if required. City is responsible for
posting letters.
•
•
Page 6 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B34FE9-A5A3-3D81F809AAFC
• The draft LOMR report and application will be provided to the City for review.
One iteration of comments will be addressed before submitting the application.
• ENGINEER will pay FEMA application fees up to $10,000.
Application Review5.3.
• Due to the complexity of the modeling multiple review iterations are expected.
ENGINEER will submit a total of three iterations to address the FEMA comments.
Additional submittal iterations are an additional service.
• ENGINEER will meet with the FEMA reviewer up to two (2) times to resolve the
comments.
DELIVERABLES
A. FEMA LOMR submittal.
TASK 6. SURVEY AND SUE
ENGINEER will provide survey services as follows. Survey and SUE work will be performed
where agreed upon with the City generally in areas where field conditions have changed or
where additional design scope has been added.
6.1 Design Survey
•ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, utilities based on CITY records and observable surface features, structures,
trees 6” and larger, and other features relevant to the final plan sheets.
6.2 Subsurface Utility Engineering
Provide a Subsurface Utility Engineering (SUE) Quality combination of Level B and A as
described below. The SUE shall be performed in accordance with CI/ASCE 38-02.
QuaIIty Level D
•Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
Collect applicable records (e.g., utility owner base maps, “as built” or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities
Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction;
quality level(s); end points of any utility data; line status (e.g., active, abandoned,
•
•
•
Page 7 of 1 1
DocuSign Envelope ID: 413C3DFE.F5B3-+FE9-A5A3-3D81F809AAFC
out of service); line size and condition; number of jointly buried cables; and
encasement.
Quality Level C (includes tasks as described for Quality Level D)
•
•
•
•
Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
Include survey and correlation of aerial or ground-mounted utility facilities in
Quality Level C tasks.
Survey surface features of subsurface utility facilities or systems.
The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
•
•
•
•
Level B (includes tasks as described for Quality Level C)
•Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular
utility line or system
Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
Unless otherwise directed, mark centerline of single-conduit lines, and outside
edges of multi-conduit systems
Resolve differences between designated utilities and utility records and surveyed
•
•
•
•
appurtenances
Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
As an alternative to the physical marking of lines, the ENGINEER may, with
CITY’s approval, utilize other means of data collection, storage, retrieval, and
reduction, that enables the correlation of surface geophysical data to the project’s
survey control.
•
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
Page 8 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B3-4FE9-A5A3-3D81F809AAFC
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
ASSUMPTIONS
•
•
•
A total of ten (10) pothole locations are assumed for Level A SUE
Topographic survey and Level B SUE is assumed to be performed for a length of
approximately 3,000 feet.
The CITY will obtain Right of Entry (ROE) from necessary landowners.
TASK 7. ROW SERVICES
ENGINEER will support and perform activities related to ROW and easement acquisition s
as outlined below, per scoping direction and guidance from the CITY's Project Manager
7.1 .Property Acquisition Assessment and Management
• The ENGINEER shall determine rights-of-way and easement needs for
construction of the project. Required temporary and permanent easements will
be identified based on available information and recommendations will be made
for approval by the CITY.
• Up to 48 hours of coordination/meetings will be performed with CITY to
coordinate acquisition efforts.
7.2 Document Preparation
• The ENGINEER shall prepare exhibits and metes and bounds descriptions for
permanent and/or temporary easements required to construct the improvements.
7.3 Title/Negotiations
•Research ownership of the subject parcels. If ownership cannot be verified,
curative measures will be identified. Title search/policy commitment is not
included in this scope.
•Order appraisals for parcels affected by construction (excludes easements
necessary for driveway reconnections). Complex appraisals may requireadditional services.
•Deliver initial offer including Landowner Bill of Rights. Meet with and negotiate
with property owner. Discuss counter offer with CITY and present final offer to
the property owner. Records will be retained of all contact made with property
owners or their representatives.
•Final documents will be recorded in real property records and a final file will be
delivered to the CITY with all pertinent records for the project. Up to $10,000 in
recording or other document expenses is included in the scope. Fees in excess
of this amount are an additional service.
ASSUMPTIONS
Page 9 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B34FE9-A5A3-3D81F809AAFC
•
•
•
All work will be performed in accordance with applicable State and Federal
regulations.
Up to eighty (80) easement exhibits and metes and bounds descriptions is
included (either permanent or temporary easements)
Individual appraisals of up to twenty five (25) parcels is included for permanent
easements. It is assumed appraisals will not be necessary for temporary
easements associated with driveway reconnections.
An average of 35 hours is assumed per parcel to deliver initial offer, negotiate
with property owner, submit signed documents/counteroffers to City, curing title
issues obtaining partial release of liens, delivery of the final offer, recording
original conveyance documents in real property records and submitting final file
to City. This assumes negotiations will be limited to an initial and final offer. It is
assumed negotiations will be held for up to 65 parcels (this assumes several
properties will have both temporary and permanent easements which can be
negotiated jointly). Extended title/negotiation services are an additional service.
Condemnation services are not included in this scope but can be provided as an
additional service if authorized by CITY.
•
•
DELIVERABLES
A. Easement exhibits and metes and bounds
B. Final file for each acquired property
TASK 8. PUBLIC INVOLVEMENT
Prepare and attend up two (2) public meetings to present the proposed project to the
general public and City officials. The City will prepare materials and present at the meeting.
Engineer will attend and assist in answering questions. The City will be responsible for the
scheduling and organization of the meeting as well as public notifications. Meetings are
anticipated to be in-person at City facilities, but Engineer will host the meeting as a virtual
meeting via Zoom as needed.
TASK 9. MISCELLANEOUS ENGINEERING
This task serves as a contingency for additional miscellaneous engineering efforts that may
be identified during the course of the project. These services may be authorized in writing by
City staff.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
CITY and ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if needed,
upon the CITY’s written request. Any additional amounts paid to the ENGINEER as a result
of any material change to the Scope of the Project shall be agreed upon in writing by both
parties before the services are performed. These additional services include the following:
• Redesign of the project requiring changes to the overall project concept.• Condemnation services
Page 10 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B3-+FE9-A5A3-3D81F809AAFC
•Revisions to easement documents as a result of negotiations or project
changes after prior City direction and approval
Services related to development of the CITY’s project financing and/or budget.
Services related to disputes over pre-qualification, bid protests, bid rejection
and re-bidding of the contract for construction.
Construction management and inspection services
Performance of materials testing or specialty testing services.
Services necessary due to the default of the Contractor.
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.
Stormwater Pollution Prevention Plan (SWPPP) permitting
Section 404 of the Clean Water Act permitting
Section 10 Permitting with the USACE.
Preparation of a formal written request for USACE authorization under a letter
of permission procedure.
Preparation of a standard individual Section 404 permit application.
Preparation of Environmental Information Document, Environmental
Assessment, or an Environmental Impact Statement.
Meetings or consultation with the USACE or other resource agencies, except
as specifically noted in the scope of services.
Presence/absence surveys for federally listed threatened/endangered species.
Preparation of a mitigation plan to compensate for impacts to waters of the
U.S
Application to Texas Commission on Environmental Quality for individual 401
Water Quality Certification.
Application for General Land Office easements.
Application for Texas Parks & Wildlife Department Sand and Gravel Permit.
Additional field investigations or analysis required to respond to public or
regulatory agency comments.
Field survey or analysis required for cultural resources investigations.
Consultation with the U. S. Fish and Wildlife Service under Section 7 of the
Endangered Species act.
Expert representation at legal proceedings or at contested hearings.
Mitigation monitoring if required by permit conditions.
Monitoring for compliance with permit conditions.
Additional modifications to the compensatory mitigation plan.
Phase 1 or Phase II Environmental Site Assessment.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Page 11 of 1 1
DocuSign Envelope ID: 413C3DFE-F5B34FE9-A5A3-3D81F809AAFC
Exhibit B
Compensation to FNI shall be computed on the basis of the attached Schedule of Charges on an hourly
not-to-exceed basis.
Amendment #1 Compensation Summary
Amendment Tasks
Task 1 Design Management
Task 2 Final Design
Review Previous Work
'Additional Design Scope
Finalize Previous DeM
a
Task 4 Construction Phase Services
ask 5 FEMA Coordination
Task 6 Survey and SUE
'ask 7 ROW Services
Task 8 Public Involvement
a
Totals
$75,500.00
$535,700.00
Sub Totals
54,200.00
210,000.00
271,500.00
33,500.00
170,900.00
111,700.00
127,600.00
716, 100.00
14,500.00
50,000.@
M
Previous Authorized Amount Remaining
Amendmr Bm!
1,835,500.00
205,000.00
EII 8
DocuSign Envelope ID: 413C3DFE-F5B3-4FE9-A5A3-3D81F809AAFC
COMPENSATION
Hourly Rate
Min
91
123
140
161
238
242
119
123
154
179
214
284
81
95
130
130
88
105
137
74
84
105
56
A1–rACHMENT CO
Position
Professional 1
Professional 2
Professional 3
Professional 4
Professional 5
Professional 6
Construction Manager 1
Construction Manager 2
Construction Manager 3
Construction Manager 4
Construction Manager 5
Construction Manager 6
Construction Representative 1
Construction Representative 2
Construction Representative 3
Construction Representative 4
CAD Technician/Designer 1
CAD Technician/Designer 2
CAD Technician/Designer 3
Corporate Project Support 1
Corporate Project Support 2
Corporate Project Support 3
Intern / Coop
Max
181
199
324
344
361
445
166
206
206
269
313
372
92
122
195
195
125
206
261
162
239
350
96
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction
Standard IRS Rates B&W
$0.10
Equipment
Valve Crew Vehicle (hour) $75
Pressure Data Logger (each) $200
Water Quality Meter (per day) $100
Microscope (each) $150
Pressure Recorder (per day) $100
Ultrasonic Thickness Guage (per day} $275
Coating Inspection Kit (per day) $275
Flushing / Cfactor (each) $500
Backpack Electrofisher (each) $1,000
Survey Grade Standard
$200 $100
$150 $50
Color
$0.25Small Format (per copy)
Large Format (per sq. ft.)
Bond
Glossy / Mylar
Vinyl / Adhesive
Technology Charge
$8.50 per hour $0.25
$0.75
$1.50
$0.75
$1.25
$2.00
Mounting (per sq. ft.)
Binding (per binding)
$2.00
$0.25
Drone (per day)
GPS (per day)
OTHER DIRECr EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For
other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members, these services will be billed at a cost times a
multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed In-
house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the
same or similar services.
These ranges and/or rates will be adjusted annually in February. Last updated 2024.
350022024
DocuSign
Certificate Of Completion
Envelope Id: 413C3DFEF5B34FE9A5A33D81F809AAFC
Subject: Please DocuSign: City Council Contract 6625 PEC 4 Drainage
Status: Completed
Phases 3&4 Formal Amendment 1
Source Envelope:
Document Pages: 17
Certificate Pages: 6
Signatures: 6
Initials: 1
Envelope Originator:
AutoNav: Enabled
Erica Garcia
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
3/14/2024 1 1 :05:23 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Timestamp
Sent: 3/14/2024 1 1:11 :33 AM
Viewed: 3/14/2024 11:11 :44 AM
Signed: 3/14/2024 11:13:40 AM
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: 3/14/2024 11:13:42 AM
Viewed: 3/1 5/2024 8:29:14 AM
Signed: 3/1 5/2024 8:30:49 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
B I)<AA+I11A(I IIF
IMartLLhtAh&b
,4B070&31B4AA438
Sent: 3/15/2024 8:30:51 AM
Viewed: 3/18/2024 1:15:54 PM
Signed: 3/18/2024 1:19:39 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
ElectronIc Record and Signature Disclosure:
Not Offered via DocuSign
Scott Hubley
scott.hubley@freese.com
Vice-President
Security Level: Email, Account Authentication
(None)
Sent: 3/1 8/2024 1:19:41 PM
Viewed: 3/1 8/2024 1 :25:39 PM
Signed: 3/1 9/2024 3:25:05 PM
Signature Adoption: Pre-selected Style
Using IP Address: 97.75.108.6
Electronic Record and Signature Disclosure:
Accepted: 3/18/2024 1 :25:39 PMID:df7d6641-d9d741 69-b44a-786dla3f4879
Signer Events
Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
Security Level: Email, Account Authentication
(None)
Signature
DHuSigMd br
I/h„dC,„.„ ???
'7&48EEAB11BC4F2
Timestamp
Sent: 3/19/2024 3:25:06 PM
Viewed: 3/1 9/2024 3:28:40 PM
Signed: 3/1 9/2024 3:29:19 PM
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 3/19/2024 3:28:40 PM
ID: feOf996f-f1 0e4e92-b481 -71c52dffeOc6
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: 3/19/2024 3:29:23 PM
Viewed: 4/17/2024 9:03:24 AM
Signed: 4/1 7/2024 9:04:38 AM
Using IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
'DocuSigned by:
! SMA 1/++%
,S236DB296270423
Sent: 4/17/2024 9:04:40 AM
Viewed : 4/17/2024 9:05:18 AM
Signed: 4/1 7/2024 9:05:27 AM
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
Sent: 4/17/2024 9:05:30 AM
Resent: 4/17/2024 12:41 :36 PM
Viewed: 4/18/2024 8:20:35 AM
Signed: 4/1 8/2024 8:21 :26 AMSignature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
ElectronIc Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status
Status
Timestamp
Certified Delivery Events 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
Status Timestamp
Sent: 3/14/2024 1 1:13:42 AM
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: 3/19/2024 3:29:21 PM
Viewed : 3/1 9/2024 3:43:36 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 4/18/2024 8:21 :28 AM
Viewed: 4/1 8/2024 4:39:45 PM
Sheldon Gatewood
sheldon.gatewood@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/27/2024 1 :57:47 PM
ID: eec7709e-1 b794402-b894-7c630e5b71 03
Sent: 4/18/2024 8:21 :29 AM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
3/14/2024 11:11 :33 AM
4/2/2024 9:22:30 AM
4/2/2024 9:22:31 AM
4/1 7/2024 12:41 :36 PM
4/17/2024 12:41:36 PM
4/1 8/2024 8:20:35 AM
4/1 8/2024 8:21 :26 AM
4/1 8/2024 8:21 :29 AM
Envelope Sent
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Certified Delivered
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Signing Complete
Completed
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 Hubley, Trevor Crain, PMP, Sheldon Gatewood
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. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree’ button at the bottom of
this document
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ’Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing @ cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems
Browsers (for SENDERS)
Browsers (for SIGNERS)
r
l
mlet Explorer 6.0?, Mozilla FireFox 1.0
NetScape 7.2 (or above)
Access to a valid email account
@
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable Hmp 1.1 settings via
roxy connectron
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.